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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
Figure 1, monitoring must occur every other day when work is occurring.
When construction activities occur near the borrow areas where marsh fill material is gathered, monitoring must occur every fifth day when work is occurring, unless the borrow area is more than 300 m from any area where marine mammals have been observed.
Occurrence of marine mammals within the Level B harassment zone must be communicated to the construction lead to prepare for the potential shutdown when required.
Pre-construction clearance and Ramp-upA 30-minute pre-clearance observation period must occur prior to the start of ramp-up and construction activities. CDFW must adhere to the following pre-clearance and ramp-up requirements: i Construction activities must not be initiated if any marine mammal is within 10 m of planned operations. If a marine mammal is observed within 10 m of planned operations during the 30-minute preclearance period, ramp-up must not begin until the animals has been observed exiting the zones or until an additional time period has elapsed with no further sightings 15 minutes for small odontocetes and pinnipeds and 30
minutes for all other species, ii The construction contractor must begin construction activities gradually each day e.g., ramp up by moving around the project area and starting equipment sequentially.
Shutdown RequirementsFor heavy machinery work, if a marine mammal comes within 10 m of such operations, operations must cease and vessels shall reduce speed to the minimum level required to maintain steerage and safe working conditions.
Pupping SeasonConstruction activities may not be initiated: 1
Within 300 m of a mom/pup pair that is hauled out, or 2 within 100 m of a mom/pup pair in the water. If there is a gap in construction activities of more than an hour or if construction moves to a different area, this initiation protocol must again be implemented. During site containment activities that are underway, heavy machinery must not approach closer than 100 m of where mothers and pups are actively hauled out. If a pup less than one week old neonate comes within 20 m of where heavy machinery is working, construction activities in that area must be shutdown or delayed until the pup has left the area. In the event that a pup less than one week old remains within those 20 m, NMFS will be consulted to determine the appropriate course of action.

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Activities must cease if a marine mammal species for which take was not authorized, or a species for which authorization was granted but the authorized number of takes have been met, is observed by Protected Species Observers PSOs approaching or within the Level B harassment zone. Activities must not resume until the animal is confirmed to have left the area.
Construction ActivitiesA NMFS
approved PSO must conduct biological resources awareness training for construction personnel. The awareness training will be provided to brief construction personnel on identification of marine mammals including neonates and the need to avoid and minimize impacts to marine mammals.
If new construction personnel are added to the project, the contractor shall ensure that the personnel receive the mandatory training before starting work.
Construction activities must not be initiated if any marine mammal is within 10 m of planned operations. If a marine mammal is observed within 10
m of planned operations during the 30minute pre-clearance period, ramp-up must not begin until the animals has been observed exiting the zones or until an additional time period has elapsed with no further sightings 15 minutes for small odontocetes and pinnipeds and 30
minutes for all other species.
Furthermore, the PSO will have the authority to stop project activities if marine mammals approach or enter the Level B Harassment Zone and/or at any time for the safety of any marine mammals. Work will commence only with approval of the PSO to ensure that no marine mammals are present in the Level B Harassment Zone.
Ramp UpTo reduce the risk of potentially startling marine mammals with a sudden intensive sound, the construction contractor must begin construction activities gradually each day by moving around the project area and starting machinery one at a time.
Based on our evaluation of the applicants proposed measures, as well as other measures considered by NMFS, NMFS has preliminarily determined that the authorized 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 Monitoring and reporting requirements prescribed by NMFS
should contribute to improved understanding of one or more of the following:

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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 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.
PSOsPSOs shall be used to detect, document, and minimize impacts to marine mammals, as well as, communicate with and instruct relevant construction crew with regard to the presence of marine mammals and mitigation requirements. Independent PSOs i.e., not construction personnel who have no other assigned tasks during monitoring periods must be used.
Biological monitoring will begin 30
minutes before work begins and will continue until 30 minutes after work is completed each day.
PSOs will be placed at the best vantage points practicable to monitor for marine mammals within the Level B
harassment zone, defined above. If multiple construction activities occur simultaneously, enough PSOs must be on duty to monitor all Level B
Harassment zones.
Qualifications for PSOs for visual monitoring include:
Visual acuity in both eyes correction is permissible sufficient for discernment of harbor seals on land or in the water with ability to estimate target size and distance; use of binoculars may be necessary to correctly identify the target.
Successfully attained a bachelors degree from an accredited college or university with a major in one of the
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