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jbell on DSKJLSW7X2PROD with PROPOSALS2

Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules involves aircraft that have fuel constraints, or 30 min when the activity involves aircraft that are not typically fuel constrained.
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 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 will assist in the visual observation of the area where detonations occurred.
5 Explosive bombs.
i Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft conducting the activity. 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 is 2,500
yd 2,286 m around the intended target.
A Prior to the initial start of the activity e.g., when arriving 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 bomb deployment.
B During the activity e.g., during target approach. 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 bomb deployment.
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 bomb deployment 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 target; the mitigation zone has been clear from any additional sightings for
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10 min; or for activities using mobile targets, the intended target 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 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.
6 Vessel movement. The mitigation will not be required if: The vessels safety is threatened; the vessel is restricted in its ability to maneuver e.g., during launching and recovery of aircraft or landing craft, during towing activities, when mooring; the vessel is submerged or operated autonomously;
or if impracticable based on mission requirements e.g., during Amphibious Assault and Amphibious Raid exercises.
i Number of Lookouts and observation platform. One Lookout must be on the vessel that is underway.
ii Mitigation zone and requirements.
The relevant mitigation zones are as follows: 500 yd 457.2 m around whales; and 200 yd 182.88 m around all other marine mammals except bowriding dolphins and pinnipeds hauled out on man-made navigational structures, port structures, and vessels.
A During the activity. When underway Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must maneuver to maintain distance.
B Reserved iii Reporting. If a marine mammal vessel strike occurs, Navy personnel must follow the established incident reporting procedures.
7 Small-, medium-, and large-caliber non-explosive practice munitions.
Mitigation applies to activities using a surface target.
i Number of Lookouts and observation platform. One Lookout must be positioned on the platform conducting the activity. Depending on the activity, the Lookout could be the same as the one described for Weapons firing noise in paragraph a2i of this section.

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ii Mitigation zone and requirements.
The relevant mitigation zone is 200 yd 182.88 m around the intended impact location.
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 a mobile target, the intended impact location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting.
8 Non-explosive missiles and rockets. Aircraft-deployed nonexplosive missiles and rockets.
Mitigation applies to activities using a maritime surface target at ranges of up to 75 nmi.
i Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft.
ii Mitigation zone and requirements.
The relevant mitigation zone is 900 yd 822.96 m around the intended impact location.
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.

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