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jbell on DSKJLSW7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules 2 The practicability of the measures for applicant implementation, which may consider such things as cost and impact on operations.
The mitigation strategies described below largely follow those required and successfully implemented under previous incidental take authorizations issued in association with this project.
The following mitigation measures are proposed:
No more than six flight days up to two work trips per month;
Avoid direct physical interaction with marine mammals during activity. If a marine mammal comes within 10 m of such activity, operations must cease until the animal leaves of its own accord;
Conduct training between construction supervisors and crews and tourists and the marine mammal monitoring team and relevant Society staff prior to the start of all visits and when new personnel join the work, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. Visitors to the Station will be instructed to avoid unnecessary noise and not expose themselves visually to pinnipeds around the base of the lighthouse;
Halt loud outside activity upon observation on NWSR of either a species for which incidental take is not authorized or a species for which incidental take has been authorized but the authorized number of takes has been met;
Keep the door to the lower platform closed and barricaded to all tourists and other personnel. The door will only be opened when necessary and at a time when no animals are present on the lower platform;
Ensure that helicopter approach patterns to the NWSR shall be such that the timing and techniques are least disturbing to marine mammals. To the extent possible, the helicopter should approach NWSR when the tide is too high for marine mammals to haul out on NWSR. Avoid rapid and direct approaches by the helicopter to the station by approaching NWSR at a relatively high altitude e.g., 8001,000
ft; 244305 m. Before the final approach, the helicopter shall circle lower, and approach from an area where the density of pinnipeds is the lowest.
If for any safety reasons e.g., wind conditions or visibility such helicopter approach and timing techniques cannot be achieved, the Society must abort the restoration and maintenance session for the day;
Employ a protected species observer PSO and establish monitoring
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locations as described in the application and Section 5 of any LOA. The Holder must monitor the project area to the maximum extent possible based on the required number of PSOs, required monitoring locations, and environmental conditions. For all helicopter flights at least one PSO must be used; and Monitoring must take place for all take-offs and landings.
Based on our evaluation of the applicants proposed measures, as well as other measures considered by NMFS, NMFS has preliminarily determined that the proposed 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.
Proposed Monitoring and Reporting In order to issue an IHA for an activity, Section 101a5A of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking.
The MMPA implementing regulations at 50 CFR 216.104a13 indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area.
Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring.
Monitoring and reporting requirements prescribed by NMFS
should contribute to improved understanding of one or more of the following:
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
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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.
Visual Monitoring Monitoring must be conducted by qualified, NMFS-approved PSOs, in accordance with the following: PSOs must be independent and have no other assigned tasks during monitoring periods. At least one PSO must have prior experience performing the duties of a PSO. Other PSOs may substitute other relevant experience, education degree in biological science or related field, or training. PSOs resumes must be approved by NMFS prior to beginning any activity subject to these regulations.
PSOs must record all observations of marine mammals as described in Section 5 of any LOA, regardless of distance from the activity. PSOs shall document any behavioral reactions in concert with distance from the activity.
PSOs must have the following additional qualifications:
Ability to conduct field observations and collect data according to assigned protocols;
Experience or training in the field identification of marine mammals, including the identification of behaviors;
Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations;
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, times, and reason for implementation of mitigation or why mitigation was not implemented when required; and marine mammal behavior;
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;
The Society must establish the following monitoring locations. For the first flight of the day a PSO with high definition camera will be on the first flight to the station. During all other
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