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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
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PSO Monitoring Requirements and Locations PSOs will be responsible for monitoring, the shutdown zones, the disturbance zones and the pre-clearance zones, as well as effectively documenting Level A and B harassment take. As described in more detail in the Reporting section below, they will also 1 document the frequency at which marine mammals are present in the project area, 2 document behavior and group composition, 3 record all construction activities, and 4
document observed reactions changes in behavior or movement of marine mammals during each sighting. The PSOs will monitor for marine mammals during all in-water pile activities associated with the project. The Navy will monitor the project area to the extent possible based on the required number of PSOs, required monitoring locations, and environmental conditions. Visual monitoring will be conducted by, at a minimum, by two PSOs. It is assumed that two to three PSOs would be sufficient to monitor the respective ROIs given the abundance of suitable vantage points. Any activity that would result in threshold exceedance at or more than 1,000 m would require a minimum of three PSOs to effectively monitor the entire ROI.
However, additional monitors may be added if warranted by site conditions and/or the level of marine mammal activity in the area. Trained PSOs will be placed at the best vantage points practicable such as on nearby breakwaters, Gould Island, Coddington Point, or Taylor Point see Figure 111
of the Navys application to monitor for marine mammals and implement shutdown/delay procedures when applicable. The PSOs must record all observations of marine mammals, regardless of distance from the pile being driven.
In addition, PSOs will work in shifts lasting no longer than 4 hrs with at least a 1-hr break between shifts, and will not perform duties as a PSO for more than 12 hrs in a 24-hr period to reduce PSO
fatigue.
Monitoring of pile driving will be conducted by qualified, NMFSapproved PSOs. The Navy shall adhere to the following conditions when selecting PSOs:
D PSOs must be independent i.e., not construction personnel and have no other assigned tasks during monitoring periods;
D At least one PSO must have prior experience performing the duties of a PSO during construction activities
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pursuant to a NMFS-issued incidental take authorization;
D Other PSOs may substitute other relevant experience, education degree in biological science or related field, or training;
D Where a team of three PSOs are required, a lead observer or monitoring coordinator shall be designated. The lead observer must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization; and D PSOs must be approved by NMFS
prior to beginning any activity subject to this proposed rule.
The Navy will ensure that the PSOs have the following additional qualifications:
D 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;
D Experience and ability to conduct field observations and collect data according to assigned protocols;
D Experience or training in the field identification of marine mammals, including the identification of behaviors;
D Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations;
D 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; and D 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.
Acoustic Monitoring The Navy intends to conduct a sound source verification SSV study for all pile types and will follow accepted methodological standards to achieve their objectives. The Navy will submit an acoustic monitoring plan to NMFS
for approval prior to the start of construction.
Reporting The Navy would submit a draft report to NMFS within 90 workdays of the completion of required monitoring for each portion of the project as well as a
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comprehensive summary report at the end of the project. The report will detail the monitoring protocol and summarize the data recorded during monitoring.
Final annual reports each portion of the project and comprehensive must be prepared and submitted within 30 days following resolution of any NMFS
comments on the draft report. If no comments are received from NMFS
within 30 days of receipt of the draft report, the report shall be considered final. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments. All draft and final marine mammal monitoring reports must be submitted to PR.ITP.MonitoringReports@noaa.gov and ITP.Egger@noaa.gov. The reports must contain the following informational elements, at minimum, and be included in the Marine Mammal Monitoring Plan, including:
D Dates and times begin and end of all marine mammal monitoring;
D Construction activities occurring during each daily observation period, including:
How many and what type of piles were driven and by what method e.g., impact or vibratory; and Total duration of driving time for each pile vibratory driving and number of strikes for each pile impact driving;
D PSO locations during marine mammal monitoring;
D Environmental conditions during monitoring periods at beginning and end of PSO shift and whenever conditions change significantly, including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance;
D Upon observation of a marine mammal, the following information:
PSO who sighted the animal and PSO location and activity at time of sighting;
Time of sighting;
Identification of the animal e.g., genus/species, lowest possible taxonomic level, or unidentified, PSO
confidence in identification, and the composition of the group if there is a mix of species;
Distance and bearing of each marine mammal observed to the pile being driven for each sighting if pile driving was occurring at time of sighting;
Estimated number of animals minimum/maximum/best;
Estimated number of animals by cohort adults, juveniles, neonates, group composition, etc.;

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