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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations TABLE 11SHUTDOWN ZONES DURING PILE INSTALLATION AND REMOVALContinued Shutdown zone Site
Pile size and type LF cetacean
Pier 12
MWR Marina V-Area Craney Island Lamberts Point
16-in Composite/12-in Timber
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Based on our evaluation of the Navys planned measures, as well as other measures considered by NMFS, NMFS
has determined that the required mitigation measures provide the means effecting the least practicable 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 In order to issue an LOA for an activity, section 101a5A of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking.
NMFS MMPA implementing regulations further describe the information that an applicant should provide when requesting an authorization 50 CFR 216.104 a13, including the means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and the level of taking or impacts on populations of marine mammals.
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 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
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Visual Monitoring Marine mammal monitoring during pile driving and removal must be conducted by PSOs meeting NMFS
standards and 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;
Other PSOs may substitute education degree in biological science or related field or training for experience; and Where a team of three or more PSOs is required, a lead observer or monitoring coordinator must be designated. The lead observer must have prior experience working as a marine mammal observer during construction.
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 operation to provide for personal safety during observations;
Writing skills sufficient to prepare a report of observations including but not limited to the number and species of marine mammals observed; dates and times when in-water construction
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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.
The Navy will submit a Marine Mammal Monitoring Plan to NMFS for approval in advance of the start of construction.

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activities were conducted; dates, times, and reason for implementation of mitigation or why mitigation was not implemented when required; and marine mammal behavior; and Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary.
At least three PSOs must be used during vibratory pile driving at Pier 3, Pier 12, and Craney Island, and at least four PSOs during vibratory pile driving at Lamberts Point, as recommended by the Commission in its comments on the proposed rule. For all other pile driving activities, a minimum of two PSOs will be used, as stated in the proposed rule 85 FR 83001; December 21, 2020.
Depending on available resources, and depending on the size of the zone associated with the activity, additional PSOs may be utilized as necessary.
PSOs will be placed at the best vantage points practicable to monitor for marine mammals and implement shutdown/delay procedures. See Figure 131 of the Navys application for example representative monitoring locations.
Monitoring will be conducted 30
minutes before, during, and 30 minutes after pile driving 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 equipment is no more than 30 minutes.
Acoustic Monitoring Since publication of the proposed rule, the Navy has determined that SSV
may not be feasible given budget constraints associated with the individual, small-scale projects planned. However, subject to funding availability, the Navy may conduct a SSV study for pile types other than timber piles prioritizing composite pile types and would follow accepted methodological standards to achieve
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