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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules
plan. Modules include: Introduction to the U.S. Navy Afloat Environmental Compliance Training Series, Marine Species Awareness Training; and U.S.
Navy Protective Measures Assessment Protocol.
2 Weapons firing noise. Weapons firing noise associated with large-caliber gunnery activities.
i Number of Lookouts and observation platform. One Lookout must be positioned on the ship conducting the firing. Depending on the activity, the Lookout could be the same as the one provided for under Small-, medium-, and large-caliber non-explosive practice munitions in paragraph a7i of this section.
ii Mitigation zone and requirements.
The mitigation zone must be thirty degrees on either side of the firing line out to 70 yd from the muzzle of the weapon being fired.
A Prior to the initial start of the activity. Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel must relocate or delay the start of weapons firing.
B During the activity. Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel must cease weapons firing.
C Commencement/recommencement conditions after a marine mammal sighting before or during the activity.
Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity by delaying the start or during the activity by not recommencing weapons firing until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the firing ship; the mitigation zone has been clear from any additional sightings for 30
minutes min; or for mobile activities, the firing ship has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting.
3 Explosive medium-caliber and large-caliber projectiles. Gunnery activities using explosive mediumcaliber and large-caliber projectiles.
Mitigation applies to activities using a surface target.
i Number of Lookouts and observation platform. One Lookout must be on the vessel or aircraft conducting the activity. For activities using
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explosive large-caliber projectiles, depending on the activity, the Lookout could be the same as the one described in Weapons firing noise in paragraph a2i of this section. If additional platforms are participating in the activity, Navy personnel positioned on those assets e.g., safety observers, evaluators must support observing the relevant mitigation zone for marine mammals and other applicable biological resources while performing their regular duties.
ii Mitigation zone and requirements.
The relevant mitigation zones are as follows: 200 yd 182.88 m around the intended impact location for air-tosurface activities using explosive medium-caliber projectiles; 600 yd 548.64 m around the intended impact location for surface-to-surface activities using explosive medium-caliber projectiles; and 1,000 yd 914.4 m around the intended impact location for surface-to-surface activities using explosive large-caliber projectiles.
A Prior to the initial start of the activity e.g., when maneuvering on station. Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel must relocate or delay the start of firing.
B During the activity. Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel must cease firing.
C Commencement/recommencement conditions after a marine mammal sighting before or during the activity.
Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity by delaying the start or during the activity by not recommencing firing until one of the following conditions has been met: The animal is observed exiting the mitigation zone;
the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; the mitigation zone has been clear from any additional sightings for 10 min for aircraft-based firing or 30
min for vessel-based firing; or for activities using mobile targets, the intended impact location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting.
D After completion of the activity e.g., prior to maneuvering off station.
Navy personnel must, when practical e.g., when platforms are not constrained by fuel restrictions or
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mission-essential follow-on commitments, observe for marine mammals in the vicinity of where detonations occurred; if any injured or dead marine mammals are observed, Navy personnel must follow established incident reporting procedures. If additional platforms are supporting this activity e.g., providing range clearance, Navy personnel on these assets must assist in the visual observation of the area where detonations occurred.
4 Explosive missiles and rockets.
Aircraft-deployed explosive missiles and rockets. Mitigation applies to activities using a maritime surface target at ranges up to 75 nmi.
i Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. If additional platforms are participating in the activity, Navy personnel positioned on those assets e.g., safety observers, evaluators must support observing the relevant mitigation zone for marine mammals and other applicable biological resources while performing their regular duties.
ii Mitigation zone and requirements.
The relevant mitigation zones are as follows: 900 yd 822.96 m around the intended impact location for missiles or rockets with 0.620 lb net explosive weight; and 2,000 yd 1,828.8 m around the intended impact location for missiles with 21500 lb net explosive weight.
A Prior to the initial start of the activity e.g., during a fly-over of the mitigation zone. Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel must relocate or delay the start of firing.
B During the activity. Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel must cease firing.
C Commencement/recommencement conditions after a marine mammal sighting before or during the activity.
Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity by delaying the start or during the activity by not recommencing firing until one of the following conditions has been met: The animal is observed exiting the mitigation zone;
the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; or the mitigation zone has been clear from any additional sightings for 10 min when the activity
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