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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules
C Commencement/recommencement conditions after a marine mammal sighting prior to 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 involves aircraft that have fuel constraints, or 30 min when the activity involves aircraft that are not typically fuel constrained.
9 Non-explosive bombs. Nonexplosive bombs.
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 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 approach of the target or intended minefield location. Navy personnel must observe the mitigation zone for floating vegetation and marine mammals and, if floating vegetation or marine mammals are observed, Navy personnel must cease bomb deployment.
C Commencement/recommencement conditions after a marine mammal sighting prior to 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 or minefield location; the mitigation zone has been clear from any additional sightings for 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.

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10 Target and Missile Launches from San Nicolas Islands SNI. Target and missile launch activities from SNI.
i Mitigation zone and requirements.
305 m 1,000 ft over pinniped haulouts.
Missiles must not cross over pinniped haulouts at elevations less than 305 m 1,000 ft above the haulout. All manned aircraft and helicopter flight paths must maintain a minimum distance of 305 m 1,000 ft from recognized seal haulouts and rookeries, except in emergencies or for real-time security incidents. For unmanned aircraft systems UAS, the following minimum altitudes must be maintained over pinniped haulout areas and rookeries: Class 02 UAS must maintain a minimum altitude of 300 ft;
Class 3 UAS must maintain a minimum altitude of 500 ft; Class 4 or 5 UAS must not be flown below 1,000 ft.
A Pinniped haulouts. Navy personnel must not enter pinniped haulouts or rookeries. Personnel may be adjacent to pinniped haulouts and rookeries prior to and following a launch for monitoring purposes.
B Number of Launch events. Navy must not conduct more than 40 launch events annually. Up to 10 launch events of the 40 annual launch events may occur at night.
C Launches during the peak pinniped pupping season. Launches must be scheduled to avoid peak pinniped pupping periods between January and July, to the maximum extent practicable.
D Unauthorized species. If a species for which authorization has not been granted is taken, or a species for which authorization has been granted but the authorized takes are met, the Navy must consult with NMFS to determine how to proceed.
E Review of launch procedures. The Navy must review the launch procedure and monitoring methods, in cooperation with NMFS, if any incidents of injury or mortality of a pinniped are discovered during post-launch surveys, or if surveys indicate possible effects to the distribution, size, or productivity of the affected pinniped populations as a result of the specified activities. If necessary, appropriate changes must be made through modification to this LOA
prior to conducting the next launch of the same vehicle.
ii Reserved b Seasonal awareness messages. In addition to procedural mitigation, Navy personnel must implement seasonal awareness notification messages throughout the PMSR Study Area to avoid interaction with large whales during transit.
1 Blue Whale Awareness Notification Message.

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i Navy personnel must issue a seasonal awareness notification message to alert Navy ships and aircraft operating throughout the PMSR Study Area to the possible presence of increased concentrations of blue whales June 1 through October 31.
ii To maintain safety of navigation and to avoid interactions with large whales during transits, Navy personnel must instruct vessels to remain vigilant to the presence of blue whales that, when concentrated seasonally, may become vulnerable to vessel strikes.
iii Navy personnel must use the information from the awareness notification message to assist their visual observation of applicable mitigation zones during training and testing activities and to aid in the implementation of procedural mitigation.
2 Gray Whale Awareness Notification Message.
i Navy personnel must issue a seasonal awareness notification message to alert Navy ships and aircraft operating through the PMSR Study Area to the possible presence of increased concentrations of gray whales November 1 through March 31.
ii To maintain safety of navigation and to avoid interactions with large whales during transits, Navy personnel must instruct vessels to remain vigilant to the presence of gray whales that, when concentrated seasonally, may become vulnerable to vessel strikes.
iii Navy personnel must use the information from the awareness notification message to assist their visual observation of applicable mitigation zones during training and testing activities and to aid in the implementation of procedural mitigation.
3 Fin Whale Awareness Notification Message.
i Navy personnel must issue a seasonal awareness notification message to alert Navy ships and aircraft operating throughout the PMSR Study Area to the possible presence of increased concentrations of fin whales November 1 through May 31.
ii To maintain safety of navigation and to avoid interactions with large whales during transits, Navy personnel must instruct vessels to remain vigilant to the presence of fin whales that, when concentrated seasonally, may become vulnerable to vessel strikes.
iii Navy personnel must use the information from the awareness notification message to assist their visual observation of applicable mitigation zones during training and testing activities and to aid in the
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