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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules unnecessary noise and not expose themselves visually to pinnipeds around the base of the lighthouse.
3 Avoid direct physical interaction with marine mammals during activity. If a marine mammal comes within 10 m of such activity, operations must cease until the animal leaves of its own accord.
4 Loud outside activity must be halted upon observation on Northwest Seal Rock NWSR 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.
5 No more than two restoration trips, or 6 days of flight operations, are permitted per month.
b Protocols. 1 The door to the lower platform will remain closed and barricaded to all tourists and other personnel. The door will only be opened when necessary and at a time when no animals are present on the lower platform.
2 The pilot will ensure that helicopter approach patterns to the NWSR shall be such that the timing and techniques are least disturbing to marine mammals. To the extent possible, the helicopter should approach NWSR when the tide is too high for marine mammals to haul out on NWSR. Avoid rapid and direct approaches by the helicopter to the station by approaching NWSR at a relatively high altitude e.g., 8001,000
ft; 244305 m. Before the final approach, the helicopter shall circle lower, and approach from an area where the density of pinnipeds is the lowest.
If for any safety reasons e.g., wind conditions or visibility such helicopter approach and timing techniques cannot be achieved, the Society must abort the restoration and maintenance session for the day.
3 Monitoring shall be conducted by a trained PSO, who shall have no other assigned tasks during monitoring periods. Trained PSOs shall be placed at the best vantage points practicable to monitor for marine mammals and implement mitigation procedures when applicable. The Society shall adhere to the following additional PSO
qualifications:
i Independent PSOs are required;
ii At least one PSO must have prior experience working as an observer;
iii Other observers may substitute education degree in biological science or related field or training for experience; and iv The Society shall submit PSO
resumes for approval by NMFS prior to beginning any activity subject to these regulations.

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4 The PSO must monitor the project area to the maximum extent possible based on the required monitoring locations and environmental conditions.
They must record all observations of marine mammals as described in Section 5 of any LOA, regardless of distance from the activity. Monitoring must take place for all take-offs and landings.
217.55 Requirements for monitoring and reporting.

a PSOs shall document any behavioral reactions in concert with distance from any project activity.
b Reporting1 Reporting frequency. i The Society shall submit a quarterly summary report to NMFS
not later than 90 days following the end of each work quarter; after the first three quarterly submissions, NMFS will evaluate whether it is appropriate to modify to annual reports, and modify future LOAs as appropriate to indicate annual reporting requirements if so. The Society shall provide a final report within 30 days following resolution of comments on each draft report.
ii These reports shall contain, at minimum, the following:
A Dates and times begin and end of all marine mammal monitoring;
B Activities occurring during each daily observation period;
C PSO locations during marine mammal monitoring;
D Environmental conditions during monitoring periods at beginning and end of PSO shift and whenever conditions change significantly, including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance;
E Upon each flight, the following information: Name of PSO who sighted the animals and PSO location and activity at time of sighting; time of sighting; identification of the animals e.g., genus/species, lowest possible taxonomic level, or unidentified, PSO
confidence in identification, and the composition of the group if there is a mix of species; distance and bearing of each marine mammal observed relative to the activity for each flight; estimated number of animals min/max/best estimate; estimated number of animals by cohort adults, juveniles, neonates, group composition, etc.; animals closest point of approach and estimated time spent within the harassment zone;
and description of any marine mammal behavioral observations e.g., observed behaviors such as feeding or traveling, including an assessment of behavioral responses thought to have resulted from
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the activity e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching;
F Number of marine mammals detected, by species; and G Detailed information about any implementation of any mitigation triggered, a description of specific actions that ensued, and resulting changes in behavior of the animals, if any.
2 The Society shall submit a comprehensive summary report to NMFS not later than 90 days following the conclusion of marine mammal monitoring efforts described in this subpart.
c Reporting of injured or dead marine mammals. 1 In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the LOA-holder must immediately cease the specified activities and report the incident to the Office of Protected Resources OPR
PR.ITP.MonitoringReports@noaa.gov, NMFS and to West Coast Regional Stranding Coordinator as soon as feasible. If the death or injury was clearly caused by activities specified at 217.50, the Society 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 these regulations and LOAs. The LOA-holder must not resume their activities until notified by NMFS. The report must include the following information:
i Time, date, and location latitude/
longitude of the first discovery and updated location information if known and applicable;
ii Species identification if known or description of the animals involved;
iii Condition of the animals including carcass condition if the animal is dead;
iv Observed behaviors of the animals, if alive;
v If available, photographs or video footage of the animals; and vi General circumstances under which the animal was discovered.
2 Reserved 217.56

Letters of Authorization.

a To incidentally take marine mammals pursuant to these regulations, the Society must apply for and obtain an LOA.
b An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations.
c If an LOA expires prior to the expiration date of these regulations, the
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