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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices
frequent work stoppages due to frequent visits by identifiable harbor seals. This could result in continued schedule delays and cost overruns and could potentially require an extra year of inwater construction activities. Given this information, the Navy has indicated that it is not practicable for them to shut down or delay pile driving activities every time a harbor seal is observed in a shutdown zone. Therefore, the Navy has proposed to apply identical measures to those in the modified IHA
85 FR 86538; December 30, 2020, in which shutdowns will be initiated for harbor seals when observed approaching or entering the Level A
harassment zones as described above, except when one or more of the three identifiable harbor seals identified as daily visitors approaches or enters an established shutdown zone. In such cases, a single take by Level A
harassment shall be recorded for each individual seal for the entire day and operations will be allowed to continue without interruption; although the Navy must still shut down for these harbor seals if they occur within 10 m of the pile driving site. The behavior of these three daily visitors will be monitored and recorded as well as the duration of time spent within the harassment zones.
This information will be recorded individually for each of the three seals.
If any other seals, including any of the other five seals identified as frequent visitors, approaches or enters into a Level A harassment zone, shutdown must occur.

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Monitoring Requirements Visual monitoringPSOs will be positioned at the best practicable vantage points, taking into consideration security, safety, and space limitations. Each PSO location will have a minimum of one dedicated PSO not including boat operators. There will be 35 PSOs working depending on the location, site accessibility and line of sight for adequate coverage. Additional standards required for visual monitoring include:
a Independent observers i.e., not construction personal are required;
b At least one observer must have prior experience working as an observer;
c Other observers may substitute education degree in biological science or related field or training for experience; and, d Where a team of three or more observers are required, one observer should be designated as lead observer or monitoring coordinator. The lead observer must have prior experience working as an observer.

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Monitoring will be conducted by qualified observers, who will monitor for marine mammals and implement shutdown/delay procedures when applicable by calling for the shutdown to the hammer operator. Qualified observers are trained biologists, with the following minimum qualifications:
a Visual acuity in both eyes correction is permissible sufficient for discernment of moving targets at the waters surface with ability to estimate target size and distance; use of binoculars may be necessary to correctly identify the target;
b Advanced education in biological science or related field undergraduate degree or higher required;
c Experience and ability to conduct field observations and collect data according to assigned protocols this may include academic experience;
d Experience or training in the field identification of marine mammals, including the identification of behaviors;
e Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations;
f 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 activities were conducted; dates and times when in-water construction activities were suspended to avoid potential incidental injury from construction sound of marine mammals observed within a defined shutdown zone; and marine mammal behavior;
and g 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.
PSOs will survey the disturbance zone 15 minutes prior to initiation of pile driving through 30 minutes after completion of pile driving to ensure there are no marine mammals present.
In case of reduced visibility due to weather or sea state, the PSOs must be able to see the shutdown zones or pile driving will not be initiated until visibility in these zones improves to acceptable levels. MMO Record forms Appendix A of the original 2018
application; see NMFSs website will be used to document observations.
Survey boats engaged in marine mammal monitoring will maintain speeds equal to or less than 10 knots.
PSOs will use binoculars and the naked eye to search continuously for marine mammals and will have a means to communicate with each other to
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discuss relevant marine mammal information e.g., animal sighted but submerged with direction of last sighting. PSOs will have the ability to correctly measure or estimate the animals distance to the pile driving equipment such that records of any takes are accurate relevant to the pile size and type.
Shutdown shall occur if a species for which authorization has not been granted or for which the authorized numbers of takes have been met. The Navy shall then contact NMFS within 24 hours.
If marine mammals are present within or approaching a shutdown zone prior to pile driving, the start of these activities will be delayed until the animals have left the zone voluntarily and have been visually confirmed beyond the shutdown zone, or 15
minutes has elapsed without redetection of the animal.
If animal is observed within or entering the Level B harassment zone during pile driving, a take would be recorded and behaviors documented.
However, that pile segment would be completed without cessation, unless the animal approaches or enters the Shutdown Zone, at which point all pile driving activities will be halted. The PSOs shall immediately radio to alert the monitoring coordinator/construction contractor. This action will require an immediate all-stop on pile operations.
Once a shutdown has been initiated, pile driving will be delayed until the animal has voluntarily left the Shutdown Zone and has been visually confirmed beyond the Shutdown Zone, or 15 minutes have passed without redetection of the animal i.e., the zone is deemed clear of marine mammals.
All marine mammals observed within the disturbance zones during pile driving activities will be recorded by PSOs. Additionally, all shutdowns shall be recorded.
In the unanticipated event that: 1
The specified activity clearly causes the take of a marine mammal in a manner prohibited by the IHA if issued, such as an injury, serious injury or mortality;
2 an injured or dead animal is discovered and cause of death is known;
or 3 an injured or dead animal is discovered and cause of death is not related to the project activities, the Navy will follow the protocols described in the Section 3 of Marine Mammal Monitoring Report Appendix D of the original 2018 application.
Reporting Requirements PSOs must record specific information as described in the Federal Register notice of the issuance of the
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