section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 50:50:10.0.1.3.4.1.1.1,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,A,"Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia",,§ 218.1 Specified activity and geographical region.,NOAA,,,,"(a) Regulations in this subpart apply only to the U.S. Navy (Navy) and those persons it authorizes or funds to conduct activities on its behalf for the taking of marine mammals that occurs in the areas outlined in paragraph (b) of this section and that occurs incidental to construction activities including marine structure maintenance, pile replacement, and select waterfront improvements at Naval Station (NAVSTA) Norfolk. (b) The taking of marine mammals by the Navy may be authorized in a Letter of Authorization (LOA) only if it occurs at NAVSTA Norfolk and adjacent Navy facilities." 50:50:10.0.1.3.4.1.1.2,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,A,"Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia",,§ 218.2 Effective dates.,NOAA,,,,"Regulations in this subpart are effective from June 7, 2021 to June 7, 2026." 50:50:10.0.1.3.4.1.1.3,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,A,"Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia",,§ 218.3 Permissible methods of taking.,NOAA,,,,"Under an LOA issued pursuant to §§ 216.106 of this chapter and 218.7, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.1(b) by Level B harassment associated with construction activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA." 50:50:10.0.1.3.4.1.1.4,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,A,"Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia",,§ 218.4 Prohibitions.,NOAA,,,,"(a) Except for the takings contemplated in § 218.3 and authorized by a LOA issued under §§ 216.106 of this chapter and 218.7, it is unlawful for any person to do any of the following in connection with the activities described in § 218.1 may: (1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under § 216.106 of this chapter and § 218.7; (2) Take any marine mammal not specified in such LOA; (3) Take any marine mammal specified in such LOA in any manner other than as specified; (4) Take a marine mammal specified in such LOA if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or (5) Take a marine mammal specified in such LOA if NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses. (b) [Reserved]" 50:50:10.0.1.3.4.1.1.5,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,A,"Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia",,§ 218.5 Mitigation requirements.,NOAA,,,,"(a) When conducting the activities identified in § 218.20(a), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 218.7 must be implemented. These mitigation measures shall include but are not limited to: (1) A copy of any issued LOA must be in the possession of the Navy, its designees, and work crew personnel operating under the authority of the issued LOA; (2) The Navy shall conduct briefings for construction supervisors and crews, the monitoring team, and Navy staff prior to the start of all pile driving activity, and when new personnel join the work, in order to explain responsibilities, communication procedures, the marine mammal monitoring protocol, and operational procedures; (3) For in-water heavy machinery work other than pile driving, if a marine mammal comes within 10 m, the Navy shall cease operations and reduce vessel speed to the minimum level required to maintain steerage and safe working conditions; (4) For all pile driving activity, the Navy shall implement a minimum shutdown zone of a 10 m radius around the pile. If a marine mammal comes within or approaches the shutdown zone, such operations shall cease; (5) For all pile driving activity, the Navy shall implement shutdown zones with radial distances as identified in a LOA issued under §§ 216.106 of this chapter and 218.7. If a marine mammal comes within or approaches the shutdown zone, such operations shall cease; (6) The Navy shall deploy protected species observers (observers) as indicated in its Marine Mammal Monitoring Plan approved by NMFS; (7) A minimum of three PSOs shall be stationed at the best vantage points practicable to monitor for marine mammals and implement shutdown/delay procedures during vibratory pile driving at Pier 3, Pier 12, and Craney Island, and at least four PSOs must be stationed at the best vantage points practicable during vibratory pile driving at Lambert's Point. For all other pile driving activities, a minimum of two observers shall be stationed at the best vantage points practicable to monitor for marine mammals and implement shutdown/delay procedures; (8) Monitoring shall take place from 30 minutes prior to initiation of pile driving activity through 30 minutes post-completion of pile driving activity. Pre-activity monitoring shall be conducted for 30 minutes to ensure that the shutdown zone is clear of marine mammals, and pile driving may commence when observers have declared the shutdown zone clear of marine mammals. In the event of a delay or shutdown of activity resulting from marine mammals in the shutdown zone, animals shall be allowed to remain in the shutdown zone ( i.e., must leave of their own volition) and their behavior shall be monitored and documented. If a marine mammal is observed within the shutdown zone, a soft-start cannot proceed until the animal has left the zone or has not been observed for 15 minutes. Monitoring shall occur throughout the time required to drive a pile. If work ceases for more than 30 minutes, the pre-activity monitoring of the shutdown zones must commence. A determination that the shutdown zone is clear must be made during a period of good visibility ( i.e., the entire shutdown zone and surrounding waters must be visible to the naked eye); (9) If a marine mammal approaches or enters the shutdown zone, all pile driving activities at that location shall be halted. If pile driving is halted or delayed due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily left and been visually confirmed beyond the shutdown zone or fifteen minutes have passed without re-detection of the animal; (10) Pile driving activity must be halted upon observation 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, entering or within the harassment zone; (11) Should environmental conditions deteriorate such that marine mammals within the entire shutdown zone would not be visible ( e.g., fog, heavy rain, night), the Navy shall delay pile driving and removal until observers are confident marine mammals within the shutdown zone could be detected; (12) Monitoring shall be conducted by trained observers, who shall have no other assigned tasks during monitoring periods. Trained observers shall be placed at the best vantage point(s) practicable to monitor for marine mammals and implement shutdown or delay procedures when applicable through communication with the equipment operator. The Navy shall adhere to the following additional observer qualifications: (i) Independent observers are required; (ii) At least one observer must have prior experience working as an observer; (iii) Other observers may substitute education (degree in biological science or related field) or training for experience; (iv) Where a team of three or more observers are required, one observer shall be designated as lead observer or monitoring coordinator. The lead observer must have prior experience working as an observer; (v) Personnel who are engaged in construction activities may not serve as observers. (13) The Navy shall use soft start techniques for impact pile driving. Soft start for impact drivers requires the Navy and those persons it authorizes or funds to provide an initial set of three strikes at reduced energy, followed by a 30-second waiting period, then two subsequent reduced energy three-strike sets. Soft start shall be implemented at the start of each day's impact pile driving and at any time following cessation of impact pile driving for a period of thirty minutes or longer. (b) [Reserved]" 50:50:10.0.1.3.4.1.1.6,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,A,"Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia",,§ 218.6 Requirements for monitoring and reporting.,NOAA,,,,"(a) The Navy shall submit a Marine Mammal Monitoring Plan to NMFS for approval in advance of construction. (b) The Navy shall deploy at least three PSOs during vibratory pile driving at Pier 3, Pier 12, and Craney Island, and at least four PSOs during vibratory pile driving at Lambert's Point. For all other pile driving activities, the Navy shall deploy a minimum of two PSOs. (c) Observers shall be trained in marine mammal identification and behaviors. Observers shall have no other construction-related tasks while conducting monitoring. (d) For all pile driving activities, a minimum of two observers shall be stationed at the active pile driving site or in reasonable proximity in order to monitor the shutdown zone. (e) The Navy shall monitor the Level B harassment zones (areas where SPLs are equal to or exceed the 160 dB rms threshold for impact driving and the 120 dB rms threshold during vibratory pile driving) to the extent practicable and the shutdown zones. The Navy shall monitor at least a portion of the Level B harassment zone on all pile driving days. (f) The Navy shall submit a draft monitoring report to NMFS within 45 work days of the completion of required monitoring for each marine structure maintenance, pile replacement, and upgrades project. The report must detail the monitoring protocol and summarize the data recorded during monitoring. If no comments are received from NMFS within 30 days, the draft report will constitute the final report. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments. Specifically, the report must include: (1) Dates and times (begin and end) of all marine mammal monitoring; (2) Construction activities occurring during each daily observation period, including how many and what type of piles were driven or removed and by what method ( i.e., impact or vibratory); (3) Environmental conditions during monitoring periods (at beginning and end of observer 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 (if less than the harassment zone distance); (4) The number of marine mammals observed, by species, relative to the pile location and if pile driving or removal was occurring at time of sighting; (5) Age and sex class, if possible, of all marine mammals observed; (6) Observer locations during marine mammal monitoring; (7) Distances and bearings of each marine mammal observed to the pile being driven or removed for each sighting (if pile driving or removal was occurring at time of sighting); (8) Description of any marine mammal behavior patterns during observation, including direction of travel and estimated time spent within the Level A and Level B harassment zones while the source was active; (9) Number of marine mammals detected within the harassment zones, by species; (10) Detailed information about any implementation of any mitigation triggered ( e.g., shutdowns and delays), a description of specific actions that ensued, and resulting behavior of the animal, if any; (11) Description of attempts to distinguish between the number of individual animals taken and the number of incidences of take, such as ability to track groups or individuals; and (12) Estimated percentage of the Level B harassment zone that was not visible. (g) In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the Navy shall report the incident to the Office of Protected Resources (OPR) (301-427-8401), NMFS and to the Greater Atlantic Region New England/Mid-Atlantic Regional Stranding Coordinator as soon as feasible. If the death or injury was clearly caused by the specified activity, the Navy must immediately cease the specified activities until NMFS is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of the authorization. The Navy must not resume their activities until notified by NMFS. (1) The report must include the following information: (i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable); (ii) Species identification (if known) or description of the animal(s) involved; (iii) Condition of the animal(s) (including carcass condition if the animal is dead); (iv) Observed behaviors of the animal(s), if alive; (v) If available, photographs or video footage of the animal(s); and (vi) General circumstances under which the animal was discovered. (2) [Reserved]" 50:50:10.0.1.3.4.1.1.7,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,A,"Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia",,§ 218.7 Letters of Authorization.,NOAA,,,,"(a) To incidentally take marine mammals pursuant to these regulations, the Navy must apply for and obtain an LOA. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations. (c) If an LOA expires prior to the expiration date of these regulations, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, the Navy must apply for and obtain a modification of the LOA as described in § 218.8. (e) The LOA shall set forth the following information: (1) Permissible methods of incidental taking; (2) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species, its habitat, and on the availability of the species for subsistence uses; and (3) Requirements for monitoring and reporting. (f) Issuance of the LOA shall be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations. (g) Notice of issuance or denial of an LOA shall be published in the Federal Register within 30 days of a determination." 50:50:10.0.1.3.4.1.1.8,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,A,"Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia",,§ 218.8 Renewals and modifications of Letters of Authorization.,NOAA,,,,"(a) An LOA issued under §§ 216.106 of this chapter and 218.7 for the activity identified in § 218.1(a) shall be renewed or modified upon request by the applicant, provided that: (1) The proposed specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for these regulations, and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), NMFS may publish a notice of proposed LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under § 216.106 of this chapter and § 218.7 for the activity identified in § 218.1(a) may be modified by NMFS under the following circumstances: (1) NMFS may modify (including augment) the existing mitigation, monitoring, or reporting measures (after consulting with Navy regarding the practicability of the modifications) if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring set forth in the preamble for these regulations. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in a LOA: (A) Results from Navy's monitoring from previous years; (B) Results from other marine mammal and/or sound research or studies; (C) Any information that reveals marine mammals may have been taken in a manner, extent or number not authorized by these regulations or subsequent LOAs; and (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of proposed LOA in the Federal Register and solicit public comment. (2) If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in a LOA issued pursuant to § 216.106 of this chapter and § 218.7, a LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register within 30 days of the action." 50:50:10.0.1.3.4.1.1.9,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,A,"Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia",,§ 218.9 [Reserved],NOAA,,,, 50:50:10.0.1.3.4.10.1.1,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,P,Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area,,§ 218.150 Specified activity and geographical region.,NOAA,,,,"(a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The Gulf of Alaska (GOA) Study Area is entirely at sea and is comprised of three areas: a TMAA, a warning area, and the WMA located south and west of the TMAA. The TMAA and WMA are temporary areas established within the GOA for ships, submarines, and aircraft to conduct training activities. The TMAA is a polygon roughly resembling a rectangle oriented from northwest to southeast, approximately 300 nautical miles (nmi; 556 km) in length by 150 nmi (278 km) in width, located south of Montague Island and east of Kodiak Island. The warning area overlaps and extends slightly beyond the northern corner of the TMAA. The WMA provides an additional 185,806 nmi 2 of surface, sub-surface, and airspace training area to support activities occurring within the TMAA. The boundary of the WMA follows the bottom of the slope at the 4,000 m contour line. (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training activities, including: (1) Anti-Submarine Warfare; and (2) Surface Warfare." 50:50:10.0.1.3.4.10.1.2,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,P,Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area,,§ 218.151 Effective dates and definitions.,NOAA,,,,"(a) Regulations in this subpart are effective February 3, 2023 through February 2, 2030. (b) In additions to the definitions contained in section 2 of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1362, and § 218.103, the following definitions apply to this subpart: (1) GOA Study Area means the area described in § 218.150(b). (2) TMAA means Temporary Maritime Activities Area, as described in § 218.150(b). (3) WMA means Western Maneuver Area, as described in § 218.150(b). (4) LOA means a Letter of Authorization issued under §§ 216.106 of this chapter and 218.156. (5) MTE means major training exercise. (6) Navy means United States Department of the Navy. (7) Navy personnel means active-duty and reserve uniformed Navy personnel and Navy civil servants. (8) Navy contractor means any individual, firm, corporation, partnership, association, or other legal non-Federal entity that enters into a contract directly with the Navy to furnish services, supplies, or construction and is performing or acting in furtherance of those duties. (9) Lookout means an individual designated the responsibility of visually observing mitigation zones. (10) Training activities means military readiness activities described in § 218.150." 50:50:10.0.1.3.4.10.1.3,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,P,Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area,,§ 218.152 Permissible methods of taking.,NOAA,,,,"(a) Under an LOA issued pursuant to §§ 216.106 of this chapter and 218.156, the Navy may incidentally, but not intentionally, take marine mammals within the TMAA only, by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.150(c) is limited to the following species: Table 1 to § 218.152( b )" 50:50:10.0.1.3.4.10.1.4,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,P,Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area,,§ 218.153 Prohibitions.,NOAA,,,,"(a) Except for incidental takings contemplated in § 218.152(a) and authorized by an LOA issued under §§ 216.106 of this chapter and 218.156, it shall be unlawful for any person to do any of the following in connection with the activities listed in § 218.150(c): (1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 218.156; (2) Take any marine mammal not specified in § 218.152(b); (3) Take any marine mammal specified in § 218.152(b) in any manner other than as specified in the LOA; or (4) Take a marine mammal specified in § 218.152(b) if the National Marine Fisheries Service (NMFS) determines such taking results in more than a negligible impact on the species or stocks of such marine mammal. (b) [Reserved]" 50:50:10.0.1.3.4.10.1.5,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,P,Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area,,§ 218.154 Mitigation requirements.,NOAA,,,,"(a) When conducting the activities identified in § 218.150(c), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 218.156 must be implemented. If Navy contractors are serving in a role similar to Navy personnel, Navy contractors will follow the mitigation applicable to Navy personnel. These mitigation measures include, but are not limited to: (1) Procedural mitigation. Procedural mitigation is mitigation that the Navy must implement whenever and wherever an applicable training activity takes place within the GOA Study Area for acoustic stressors ( i.e., active sonar, weapons firing noise), explosive stressors ( i.e., large-caliber projectiles, bombs), and physical disturbance and strike stressors ( i.e., vessel movement, towed in-water devices, small-, medium-, and large-caliber non-explosive practice munitions, non-explosive bombs). (i) Environmental awareness and education. Appropriate Navy personnel (including civilian personnel) involved in mitigation and training activity reporting under the specified activities must complete the environmental compliance training modules identified in their career path training plan, as specified in the LOA. (ii) Active sonar. Active sonar includes mid-frequency active sonar and high-frequency active sonar. For vessel-based active sonar activities, mitigation applies only to sources that are positively controlled and deployed from manned surface vessels ( e.g., sonar sources towed from manned surface platforms). For aircraft-based active sonar activities, mitigation applies only to sources that are positively controlled and deployed from manned aircraft that do not operate at high altitudes ( e.g., rotary-wing aircraft). Mitigation does not apply to active sonar sources deployed from unmanned aircraft or aircraft operating at high altitudes ( e.g., maritime patrol aircraft). (A) Number of Lookouts and observation platform for hull-mounted sources. For hull-mounted sources, the Navy must have one Lookout for platforms with space or manning restrictions while underway (at the forward part of a small boat or ship) and platforms using active sonar while moored or at anchor; and two Lookouts for platforms without space or manning restrictions while underway (at the forward part of the ship). (B) Number of Lookouts and observation platform for sources not hull-mounted. For sources that are not hull-mounted, the Navy must have one Lookout on the ship or aircraft conducting the activity. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of active sonar transmission until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(ii)(F) of this section are met for marine mammals. (D) During the activity for hull-mounted mid-frequency active sonar. During the activity, for hull-mounted mid-frequency active sonar, Navy personnel must observe the following mitigation zones for marine mammals. ( 1 ) Powerdowns for marine mammals. Navy personnel must power down active sonar transmission by 6 dB if a marine mammal is observed within 1,000 yd (914.4 m) of the sonar source; Navy personnel must power down active sonar transmission an additional 4 dB (10 dB total) if a marine mammal is observed within 500 yd (457.2 m) of the sonar source. ( 2 ) Shutdowns for marine mammals. Navy personnel must cease transmission if a marine mammal is observed within 200 yd (182.9 m) of the sonar source. (E) During the activity, for mid-frequency active sonar sources that are not hull-mounted, and high-frequency active sonar. During the activity, for mid-frequency active sonar (MFAS) sources that are not hull-mounted and high-frequency active sonar (HFAS), Navy personnel must observe the mitigation zone for marine mammals. Navy personnel must cease transmission if a marine mammal is observed within 200 yd (182.9 m) of the sonar source. (F) 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 or powering up active sonar transmission) until one of the following conditions has been met: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. The animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the sonar source; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 10 minutes (min) for aircraft-deployed sonar sources or 30 minutes for vessel-deployed sonar sources; ( 4 ) Sonar source transit. For mobile activities, the active sonar source has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting; or ( 5 ) Bow-riding dolphins. For activities using hull-mounted sonar, the Lookout concludes that dolphins are deliberately closing in on the ship to ride the ship's bow wave, and are therefore out of the main transmission axis of the sonar (and there are no other marine mammal sightings within the mitigation zone). (iii) Weapons firing noise. Weapons firing noise associated with large-caliber gunnery activities. (A) Number of Lookouts and observation platform. One Lookout must be positioned on the ship conducting the firing. Depending on the activity, the Lookout could be the same as the one provided for in paragraphs (a)(1)(iv)(A) and (a)(1)(viii)(A) of this section. (B) Mitigation zone. Thirty degrees on either side of the firing line out to 70 yd (64 m) from the muzzle of the weapon being fired. (C) Prior to activity. Prior to the initial start of the activity, Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or a marine mammal is observed, Navy personnel must relocate or delay the start of weapons firing until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(iii)(E) of this section are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if a marine mammal is observed, Navy personnel must cease weapons firing. (E) 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 weapons firing) until one of the following conditions has been met: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. The animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the firing ship; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 30 min; or ( 4 ) Firing ship transit. For mobile activities, the firing ship has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (iv) Explosive large-caliber projectiles. Gunnery activities using explosive large-caliber projectiles. Mitigation applies to activities using a surface target. (A) Number of Lookouts and observation platform. One Lookout must be on the vessel or aircraft conducting the activity. Depending on the activity, the Lookout could be the same as the one described in paragraph (a)(1)(iii)(A) of this section. If additional platforms are participating in the activity, Navy personnel positioned in those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for marine mammals while performing their regular duties. (B) Mitigation zones. 1,000 yd (914.4 m) around the intended impact location. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of firing until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(iv)(E) of this section are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if a marine mammal is observed, Navy personnel must cease firing. (E) 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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; ( 3 ) Clear of additional sightings. The mitigation zone has been clear from any additional sightings for 30 minutes; or, ( 4 ) Impact location transit. For activities using mobile targets, the intended impact location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (F) After activity. 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 positioned on these Navy assets must assist in the visual observation of the area where detonations occurred. (v) Explosive bombs —(A) 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 in those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for marine mammals while performing their regular duties. (B) Mitigation zone. 2,500 yd (2,286 m) around the intended target. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of bomb deployment until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(v)(E) of this section are met for marine mammals. (D) During activity. During the activity ( e.g., during target approach), Navy personnel must observe the mitigation zone for marine mammals; if a marine mammal is observed, Navy personnel must cease bomb deployment. (E) 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 10 min; or ( 4 ) Intended target transit. 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. (F) After activity. 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 positioned on these Navy assets must assist in the visual observation of the area where detonations occurred. (vi) Vessel movement. The mitigation will not be applied if: the vessel's 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 when impractical based on mission requirements ( e.g., during Vessel Visit, Board, Search, and Seizure activities as military personnel from ships or aircraft board suspect vessels). (A) Number of Lookouts and observation platform. One or more Lookouts must be on the underway vessel. If additional watch personnel are positioned on the underway vessel, those personnel ( e.g., persons assisting with navigation or safety) must support observing for marine mammals while performing their regular duties. (B) Mitigation zone —( 1 ) Whales. 500 yd (457.2 m) around the vessel for whales. ( 2 ) Marine mammals other than whales. 200 yd (182.9 m) around the vessel for all marine mammals other than whales (except those intentionally swimming alongside or closing in to swim alongside vessels, such as bow-riding or wake-riding dolphins). (C) When underway. Navy personnel must observe the direct path of the vessel and waters surrounding the vessel for marine mammals. If a marine mammal is observed in the direct path of the vessel, Navy personnel must maneuver the vessel as necessary to maintain the appropriate mitigation zone distance. If a marine mammal is observed within waters surrounding the vessel, Navy personnel must maintain situational awareness of that animal's position. Based on the animal's course and speed relative to the vessel's path, Navy personnel must maneuver the vessel as necessary to ensure that the appropriate mitigation zone distance from the animal continues to be maintained. (D) Incident reporting procedures. If a marine mammal vessel strike occurs, Navy personnel must follow the established incident reporting procedures. (vii) Towed in-water devices. Mitigation applies to devices that are towed from a manned surface platform or manned aircraft, or when a manned support craft is already participating in an activity involving in-water devices being towed by unmanned platforms. The mitigation will not be applied if the safety of the towing platform or in-water device is threatened. (A) Number of Lookouts and observation platform. One Lookout must be positioned on a manned towing platform or support craft. (B) Mitigation zone. 250 yd (228.6 m) around the towed in-water device for marine mammals (except those intentionally swimming alongside or choosing to swim alongside towing vessels, such as bow-riding or wake-riding dolphins). (C) During activity. During the activity ( i.e., when towing an in-water device), Navy personnel must observe the mitigation zone for marine mammals; if a marine mammal is observed, Navy personnel must maneuver to maintain distance. (viii) Small-, medium-, and large-caliber non-explosive practice munitions. Gunnery activities using small-, medium-, and large-caliber non-explosive practice munitions. Mitigation applies to activities using a surface target. (A) 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 in paragraph (a)(1)(iii)(A) of this section. (B) Mitigation zone. 200 yd (182.9 m) around the intended impact location. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of firing until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(viii)(E) of this section are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if a marine mammal is observed, Navy personnel must cease firing. (E) 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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; ( 3 ) Clear of additional sightings. The mitigation zone has been clear from any additional sightings for 10 minutes for aircraft-based firing or 30 minutes for vessel-based firing; or ( 4 ) Impact location transit. 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. (ix) Non-explosive bombs —(A) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. (B) Mitigation zone. 1,000 yd (914.4 m) around the intended target. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of bomb deployment until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(ix)(E) of this section are met for marine mammals. (D) During activity. During the activity ( e.g., during approach of the target), Navy personnel must observe the mitigation zone for marine mammals and, if a marine mammal is observed, Navy personnel must cease bomb deployment. (E) 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 10 min; or ( 4 ) Intended target transit. 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. (2) Mitigation areas. In addition to procedural mitigation, Navy personnel must implement mitigation measures within mitigation areas to avoid or reduce potential impacts on marine mammals. (i) North Pacific Right Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. (A) Surface ship hull-mounted MF1 mid-frequency active sonar. From June 1-September 30 within the North Pacific Right Whale Mitigation Area, Navy personnel must not use surface ship hull-mounted MF1 mid-frequency active sonar during training. (B) National security exception. Should national security require that the Navy cannot comply with the restrictions in paragraph (a)(2)(i)(A) of this section, Navy personnel must obtain permission from the designated Command, U.S. Third Fleet Command Authority, prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include information about the event in its annual activity reports to NMFS. (ii) Continental Shelf and Slope Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. (A) Explosives. During training, Navy personnel must not detonate explosives below 10,000 ft. altitude (including at the water surface) in the Continental Shelf and Slope Mitigation Area, which extends over the continental shelf and slope out to the 4,000 m depth contour within the TMAA. (B) National security exception. Should national security require that the Navy cannot comply with the restrictions in paragraph (a)(2)(ii)(A) of this section, Navy personnel must obtain permission from the designated Command, U.S. Third Fleet Command Authority, prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include information about the event in its annual activity reports to NMFS. (iii) Pre-event awareness notifications in the Temporary Maritime Activities Area. The Navy must issue pre-event awareness messages to alert vessels and aircraft participating in training activities within the TMAA to the possible presence of concentrations of large whales on the continental shelf and slope. Occurrences of large whales may be higher over the continental shelf and slope relative to other areas of the TMAA. Large whale species in the TMAA include, but are not limited to, fin whale, blue whale, humpback whale, gray whale, North Pacific right whale, sei whale, and sperm whale. To maintain safety of navigation and to avoid interactions with marine mammals, the Navy must instruct personnel to remain vigilant to the presence of large whales that may be vulnerable to vessel strikes or potential impacts from training activities. Additionally, Navy personnel must use the information from the awareness notification messages to assist their visual observation of applicable mitigation zones during training activities and to aid in the implementation of procedural mitigation. (b) [Reserved]" 50:50:10.0.1.3.4.10.1.6,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,P,Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area,,§ 218.155 Requirements for monitoring and reporting.,NOAA,,,,"(a) Unauthorized take. Navy personnel must notify NMFS immediately (or as soon as operational security considerations allow) if the specified activity identified in § 218.150 is thought to have resulted in the mortality or serious injury of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not authorized under this subpart. (b) Monitoring and reporting under the LOA. The Navy must conduct all monitoring and reporting required under the LOA, including abiding by the U.S. Navy's Marine Species Monitoring Program. Details on program goals, objectives, project selection process, and current projects are available at www.navymarinespeciesmonitoring.us . (c) Notification of injured, live stranded, or dead marine mammals. Navy personnel must consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities . (d) Annual GOA Marine Species Monitoring Report. The Navy must submit an annual report of the GOA Study Area monitoring, which will be included in a Pacific-wide monitoring report and include results specific to the GOA Study Area, describing the implementation and results from the previous calendar year. Data collection methods must be standardized across Pacific Range Complexes including the Mariana Islands Training and Testing (MITT), Hawaii-Southern California Training and Testing (HSTT), Northwest Training and Testing (NWTT), and Gulf of Alaska (GOA) Study Areas to allow for comparison among different geographic locations. The report must be submitted to the Director, Office of Protected Resources, NMFS, either within 3 months after the end of the calendar year, or within 3 months after the conclusion of the monitoring year, to be determined by the adaptive management process. NMFS will submit comments or questions on the report, if any, within 3 months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or 3 months after submittal if NMFS does not provide comments on the report. This report will describe progress of knowledge made with respect to intermediate scientific objectives within the GOA Study Area associated with the Integrated Comprehensive Monitoring Program. Similar study questions must be treated together so that progress on each topic can be summarized across all Navy ranges. The report need not include analyses and content that does not provide direct assessment of cumulative progress on the monitoring plan study questions. This will continue to allow the Navy to provide a cohesive monitoring report covering multiple ranges (as per Integrated Comprehensive Monitoring Program goals), rather than entirely separate reports for the GOA, NWTT, HSTT, and MITT Study Areas. (e) GOA Annual Training Report. Each year in which training activities are conducted in the GOA Study Area, the Navy must submit one preliminary report (Quick Look Report) to NMFS detailing the status of applicable sound sources within 21 days after the completion of the training activities in the GOA Study Area. Each year in which activities are conducted, the Navy must also submit a detailed report (GOA Annual Training Report) to the Director, Office of Protected Resources, NMFS, within 3 months after completion of the training activities. NMFS must submit comments or questions on the report, if any, within one month of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or one month after submittal if NMFS does not provide comments on the report. The annual reports must contain information about the major training exercise (MTE), including the information listed in paragraphs (e)(1) and (2) of this section. The annual report, which is only required during years in which activities are conducted, must also contain cumulative sonar and explosive use quantity from previous years' reports through the current year. Additionally, if there were any changes to the sound source allowance in the reporting year, or cumulatively, the report must include a discussion of why the change was made and include analysis to support how the change did or did not affect the analysis in the GOA Final Supplemental Environmental Impact Statement/Overseas Environmental Impact Statement (FSEIS/OEIS) ( https://www.goaeis.com/ ) and MMPA final rule (88 FR 690, January 4, 2023). The analysis in the detailed report must be based on the accumulation of data from the current year's report and data collected from previous annual reports. The final annual/close-out report at the conclusion of the authorization period (year seven) will also serve as the comprehensive close-out report and include both the final year annual use compared to annual authorization as well as a cumulative 7-year annual use compared to 7-year authorization. This report must also note any years in which training did not occur. NMFS must submit comments on the draft close-out report, if any, within 3 months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or 3 months after the submittal if NMFS does not provide comments. Information included in the annual reports may be used to inform future adaptive management of activities within the GOA Study Area. In addition to the information discussed above, the GOA Annual Training Report must include the following information. (1) MFAS/HFAS. The Navy must submit the following information for the MTE conducted in the GOA Study Area. (i) Exercise information (for each MTE). (A) Exercise designator. (B) Date that exercise began and ended. (C) Location. (D) Number and types of active sources used in the exercise. (E) Number and types of passive acoustic sources used in exercise. (F) Number and types of vessels, aircraft, etc., participating in exercise. (G) Total hours of observation by Lookouts. (H) Total hours of all active sonar source operation. (I) Total hours of each active sonar source bin. (J) Wave height (high, low, and average during exercise). (ii) Individual marine mammal sighting information for each sighting in each exercise where mitigation was implemented. (A) Date/time/location of sighting. (B) Species (if not possible, indication of whale/dolphin/pinniped). (C) Number of individuals. (D) Initial detection sensor ( e.g., sonar or Lookout). (E) Indication of specific type of platform observation made from (including, for example, what type of surface vessel or testing platform). (F) Length of time observers maintained visual contact with marine mammal. (G) Sea state. (H) Visibility. (I) Sound source in use at the time of sighting. (J) Indication of whether animal was less than 200 yd (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 to 914.4 m), 1,000 to 2,000 yd (914.4 to 1,828.8 m), or greater than 2,000 yd (1,828.8 m) from sonar source. (K) Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and how long the delay was. (L) If source in use is hull-mounted, true bearing of animal from ship, true direction of ship's travel, and estimation of animal's motion relative to ship (opening, closing, parallel). (M) Lookouts shall report, in plain language and without trying to categorize in any way, the observed behavior of the animals (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. ) and if any calves present. (iii) An evaluation (based on data gathered during all of the MTEs) of the effectiveness of mitigation measures designed to minimize the received level to which marine mammals may be exposed. This evaluation shall identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation. (2) Summary of sources used. (i) This section shall include the following information summarized from the authorized sound sources used in all training events: (A) Total hours. Total annual hours or quantity (per the LOA) of each bin of sonar or other non-impulsive source; and (B) Number of explosives. Total annual number of each type of explosive exercises and total annual expended/detonated rounds (bombs, large-caliber projectiles) for each explosive bin. (f) Pre-event notification. The Navy must coordinate with NMFS prior to conducting exercises within the GOA Study Area. This may occur as a part of coordination the Navy does with other local stakeholders." 50:50:10.0.1.3.4.10.1.7,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,P,Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area,,§ 218.156 Letters of Authorization.,NOAA,,,,"(a) To incidentally take marine mammals pursuant to this subpart, the Navy must apply for and obtain an LOA in accordance with § 216.106 of this chapter. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) If an LOA expires prior to the expiration date of this subpart, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.157(c)(1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in § 218.157. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species and stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (f) Issuance of the LOA will be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under this subpart. (g) Notice of issuance or denial of the LOA will be published in the Federal Register within 30 days of a determination." 50:50:10.0.1.3.4.10.1.8,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,P,Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area,,§ 218.157 Renewals and modifications of Letters of Authorization.,NOAA,,,,"(a) An LOA issued under §§ 216.106 of this chapter and 218.156 for the activity identified in § 218.150(c) may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for this subpart or result in no more than a minor change in the total estimated number of takes (or distribution by species or stock or years), NMFS may publish a notice of the proposed changes to the LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.156 may be modified by NMFS under the following circumstances: (1) After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's monitoring from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by this subpart or a subsequent LOA. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are more than minor, NMFS will publish a notice of the proposed changes to the LOA in the Federal Register and solicit public comment. (2) If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.156, an LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register within 30 days of the action." 50:50:10.0.1.3.4.10.1.9,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,P,Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area,,§ 218.158 [Reserved],NOAA,,,, 50:50:10.0.1.3.4.12.1.1,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,X,Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans,,"§ 218.230 Specified activity, level of taking, and species/stocks.",NOAA,,,,"Regulations in this subpart apply to the U.S. Navy (Navy) for the taking of marine mammals that occurs incidental to the Navy's SURTASS LFA sonar training and testing activities under authority of the Secretary of the Navy within the central and western North Pacific and eastern Indian Oceans (SURTASS LFA Sonar Study Area) (Table 1 to § 218.230). Table 1 to § 218.230—Species/Stocks Proposed for Authorization by Level B Harassment for the 7-Year Period of the Proposed Rule by SURTASS LFA Sonar Training and Testing Activities 1 ANT = Antarctic; CNP = Central North Pacific; NP = North Pacific; NIND = Northern Indian; SIND = Southern Indian; IND = Indian; WNP = Western North Pacific; ECS = East China Sea; WP = Western Pacific; SOJ = Sea of Japan; IA = Inshore Archipelago; WAU = Western Australia; YS = Yellow Sea; OE = Offshore Japan; OW = Nearshore Japan; JW = Sea of Japan/Minke; JE = Pacific coast of Japan; SH = Southern Hemisphere; DPS = distinct population segment." 50:50:10.0.1.3.4.12.1.2,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,X,Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans,,§ 218.231 Effective dates.,NOAA,,,,"Regulations in this subpart are effective from August 13, 2019, through August 12, 2026." 50:50:10.0.1.3.4.12.1.3,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,X,Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans,,§ 218.232 Permissible methods of taking.,NOAA,,,,"Under a Letter or Letters of Authorization (LOA) issued pursuant to §§ 216.106 of this chapter and 218.237, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.230 by Level B harassment associated with SURTASS LFA sonar training and testing provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA." 50:50:10.0.1.3.4.12.1.4,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,X,Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans,,§ 218.233 Prohibitions.,NOAA,,,,"Notwithstanding takings contemplated in § 218.230 and authorized by a LOA issued under §§ 216.106 of this chapter and 218.237, no person in connection with the activities described in § 218.230 may: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under §§ 216.106 of this chapter and 218.237; (b) Take any marine mammal not specified in such LOAs; (c) Take any marine mammal specified in such LOAs in any manner other than Level B harassment; (d) Take any marine mammal specified in the LOA if NMFS makes a determination that such taking is having, or may have, more than a negligible impact on the species or stocks concerned; or (e) Take a marine mammal specified in the LOA if NMFS determines such taking is having, or may have, an unmitigable adverse impact on availability of the species or stock for taking for subsistence uses." 50:50:10.0.1.3.4.12.1.5,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,X,Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans,,§ 218.234 Mitigation.,NOAA,,,,"When conducting activities identified in § 218.230, the mitigation measures described in this section and in any LOA issued under §§ 216.106 of this chapter and 218.237 must be implemented. (a) Personnel training—lookouts. The Navy will utilize one or more trained marine biologists qualified in conducting at-sea marine mammal visual monitoring to conduct at-sea marine mammal visual monitoring training and qualify designated ship personnel to conduct at-sea visual monitoring. Training will ensure quick and effective communication within the command structure in order to facilitate implementation of protective measures if they detect marine mammals and may be accomplished either in-person, or via video training. (b) General operating procedures. (1) Prior to SURTASS LFA sonar activities, the Navy will promulgate executive guidance for the administration, execution, and compliance with the environmental regulations under these regulations and LOA. (2) The Navy must not transmit the SURTASS LFA sonar signal at a frequency greater than 500 Hz. (c) 2,000-yard LFA sonar mitigation zone; suspension and delay. If a marine mammal is detected, through monitoring required under § 218.235, within or about to enter within 2,000 yards of the SURTASS LFA source ( i.e., the LFA mitigation zone), the Navy must immediately delay or suspend SURTASS LFA sonar transmissions. (d) Resumption of SURTASS LFA sonar transmissions. (1) The Holder of a LOA may not resume SURTASS LFA sonar transmissions earlier than 15 minutes after: (i) All marine mammals have left the area of the 2,000-yard LFA sonar mitigation zone; and (ii) There is no further detection of any marine mammal within the 2,000-yard LFA sonar mitigation zone as determined by the visual, passive acoustic, and active acoustic high frequency monitoring described in § 218.235. (2) [Reserved] (e) Ramp-up procedures for the high-frequency marine mammal monitoring (HF/M3) sonar required under § 218.235. (1) The Navy must ramp up the HF/M3 sonar power level beginning at a maximum source sound pressure level of 180 dB: re 1 µPa at 1 meter in 10-dB increments to operating levels over a period of no less than five minutes: (i) At least 30 minutes prior to any SURTASS LFA sonar transmissions; and (ii) Anytime after the HF/M3 source has been powered down for more than two minutes. (2) The Navy must not increase the HF/M3 sound pressure level once a marine mammal is detected; ramp-up may resume once marine mammals are no longer detected. (f) Geographic restrictions on the SURTASS LFA sonar sound field. (1) LFA sonar training and testing activities must be conducted such that: (i) The received level of SURTASS LFA sonar transmissions will not exceed 180 dB re: 1 µPa rms within 22 km (12 nmi) from any emergent land, including offshore islands; (ii) The received level of SURTASS LFA sonar transmissions will not exceed 180 dB re: 1 µPa rms at a distance of 1 km (0.5 nmi) seaward of the outer perimeter of any Offshore Biologically Important Area (OBIA) designated in the Study Area for SURTASS LFA sonar in paragraph (f)(2) of this section, or subsequently identified through the Adaptive Management process specified in § 218.241, during the period specified. The boundaries and periods of such OBIAs will be kept on file in NMFS' Office of Protected Resources and on its website at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. (iii) No more than 25 percent of the authorized amount (transmission hours) of SURTASS LFA sonar for training and testing will be conducted within 10 nmi (18.5 km) of any single OBIA during any year (no more than 124 hours in years 1-4 and 148 hours in years 5-7) unless the following conditions are met: Should national security present a requirement to conduct more than 25 percent of authorized hours of SURTASS LFA sonar within 10 nmi (18.5 km) of any single OBIA during any year, naval units will obtain permission from the appropriate designated Command authority prior to commencement of the activity. The Navy will provide NMFS with notification as soon as is practicable and include the information ( e.g., sonar hours) in its annual activity reports submitted to NMFS. (iv) No activities with the SURTASS LFA system will occur within territorial seas of foreign nations, which are areas from 0 up to 12 nmi from shore, depending on the distance that individual nations claim; and (v) No activities with the SURTASS LFA sonar system will occur in the waters of Penguin Bank, Hawaii (defined as water depth of 600 ft (183 m)), and ensonification of Hawaii state waters (out to 3 nmi) will not exceed 145 dB re: 1 µPa rms. (2) Offshore Biologically Important Areas (OBIAs) for marine mammals (with specified periods) for SURTASS LFA sonar training and testing activities include the following (Table 1 to paragraph (f)(2)): Table 1 to Paragraph ( f )(2)—Offshore Biologically Important Areas (OBIAs) (g) Minimization of additional harm to live-stranded (or milling) mammals. The Navy must consult the Notification and Reporting Plan, which sets out the requirements for when live stranded marine mammals are reported in the Study Area. The Stranding and Notification Plan is available at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-operations-surveillance-towed-array-sensor-system-0." 50:50:10.0.1.3.4.12.1.6,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,X,Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans,,§ 218.235 Requirements for monitoring.,NOAA,,,,"(a) The Navy must: (1) Conduct visual monitoring from the ship's bridge during all daylight hours (30 minutes before sunrise until 30 minutes after sunset). During training and testing activities that employ SURTASS LFA sonar in the active mode, the SURTASS vessels must have Lookouts to maintain a topside watch with standard binoculars (7x) and with the naked eye. If the lookout sights a possible marine mammal, the lookout will use big-eye binoculars (25x) to confirm the sighting and potentially identify the marine mammal species. (2) Use the passive SURTASS sonar component to detect vocalizing marine mammals; and (3) Use the HF/M3 sonar to locate and track marine mammals in relation to the SURTASS LFA sonar vessel and the LFA mitigation zone, subject to the ramp-up requirements in § 216.234(e) of this chapter. (b) Monitoring under paragraph (a) of this section must: (1) Commence at least 30 minutes before the first SURTASS LFA sonar training and testing transmission; (2) Continue between transmission pings; and (3) Continue either for at least 15 minutes after completion of the SURTASS LFA sonar training and testing transmission, or, if marine mammals are exhibiting unusual changes in behavioral patterns, until behavior patterns return to normal or conditions prevent continued observations. (c) The Navy must designate qualified on-site individuals to conduct the mitigation, monitoring, and reporting activities specified in these regulations and LOA issued under §§ 216.106 of this chapter and 218.237. (d) The Navy must continue to assess data from the Marine Mammal Monitoring Program and work toward making some portion of that data, after appropriate security reviews, available to scientists with appropriate clearances. Any portions of the analyses conducted by these scientists based on these data that are determined to be unclassified after appropriate security reviews will be made publically available. (e) The Navy must collect ambient noise data and will explore the feasibility of declassifying and archiving the ambient noise data for incorporation into appropriate ocean noise budget efforts. (f) The Navy must conduct all monitoring required under LOAs." 50:50:10.0.1.3.4.12.1.7,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,X,Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans,,§ 218.236 Requirements for reporting.,NOAA,,,,"(a) The Navy must submit classified and unclassified annual training and testing activity reports to the Director, Office of Protected Resources, NMFS, no later than 90 days after the end of each year covered by the LOA beginning on the date of effectiveness of a LOA. Each annual training and testing activity report will include a summary of all active-mode training and testing activities completed during that year. At a minimum, each classified training and testing activity report must contain the following information: (1) Dates, times, and location of each vessel during each training and testing activity; (2) Information on sonar transmissions during each training and testing activity; (3) Results of the marine mammal monitoring program specified in the LOA; and (4) Estimates of the percentages of marine mammal species and stocks affected (both for the year and cumulatively for each successive year) covered by the LOA. (b) The seventh annual report must be prepared as a final comprehensive report, which will include information for the final year as well as the prior six years of activities under the rule. This final comprehensive report must also contain an unclassified analysis of new passive sonar technologies and an assessment of whether such a system is feasible as an alternative to SURTASS LFA sonar, and be submitted to the Director, Office of Protected Resources, NMFS as described in this paragraph (b). (c) The Navy will continue to assess the data collected by its undersea arrays and work toward making some portion of that data, after appropriate security reviews, available to scientists with appropriate clearances. Any portions of the analyses conducted by these scientists based on these data that are determined to be unclassified after appropriate security reviews will be made publically available. (d) The Navy must consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements for when dead, injured, or live stranded marine mammals are reported in the Study Area. The Stranding and Notification Plan is available at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-operations-surveillance-towed-array-sensor-system-0." 50:50:10.0.1.3.4.12.1.8,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,X,Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans,,§ 218.237 Letter of Authorization.,NOAA,,,,"(a) To incidentally take marine mammals pursuant to these regulations, Navy must apply for and obtain a Letter of Authorization (LOA). (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations. (c) If an LOA expires prior to the expiration date of these regulations, Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA (excluding changes made pursuant to the adaptive management provision of § 218.239), the Navy must apply for and obtain a modification of the LOA as described in § 218.238. (e) The LOA shall set forth: (1) Permissible methods of incidental taking; (2) Means of effecting the least practicable adverse impact on the species, its habitat, and on the availability of the species for subsistence uses ( i.e., mitigation); and (3) Requirements for monitoring and reporting. (f) Issuance of the LOA will be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations. (g) Notice of issuance or denial of an LOA will be published in the Federal Register within thirty days of a determination." 50:50:10.0.1.3.4.12.1.9,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,X,Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans,,§ 218.238 Renewals and modifications of a Letter of Authorization.,NOAA,,,,"(a) An LOA issued under §§ 216.106 of this chapter and 218.237 for the activity identified in § 218.230 may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA(s) were implemented. (b) For LOA modification or renewal requests by the Navy that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations or that do not result in more than a minor change in the total estimated number of takes (or distribution by species or stock or years), NMFS may publish notification of a planned LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.237 may be modified by NMFS under the following circumstances: (1) Adaptive management. After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's monitoring from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations in this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of planned LOA in the Federal Register and solicit public comment. (2) Emergencies. If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.237, an LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register within thirty days of the action." 50:50:10.0.1.3.4.2.1.1,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,B,Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area,,§ 218.10 Specified activity and geographical region.,NOAA,,,,"(a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occur in the area described in paragraph (b) of this section and that occur incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the Navy under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the PMSR Training and Testing Study Area. The PMSR Study Area is located adjacent to Los Angeles, Ventura, Santa Barbara, and San Luis Obispo Counties along the Pacific Coast of Southern California and includes a 36,000-square-mile sea range. The two primary components of the PMSR Complex are Special Use Airspace and the ocean Operating Areas. (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training and testing activities, including: (1) Training. (i) Air warfare; (ii) Electronic warfare; and (iii) Surface warfare. (2) Testing. (i) Air warfare; (ii) Electronic warfare; and (iii) Surface warfare." 50:50:10.0.1.3.4.2.1.2,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,B,Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area,,§ 218.11 Effective dates.,NOAA,,,,"Regulations in this subpart are effective from July 7, 2022, through July 7, 2029." 50:50:10.0.1.3.4.2.1.3,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,B,Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area,,§ 218.12 Permissible methods of taking.,NOAA,,,,"(a) Under an LOA issued pursuant to §§ 216.106 of this subchapter and 218.16, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.10(b) by Level A harassment and Level B harassment associated with the use of explosives and missile launch activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.10(c) is limited to the species and stocks listed in Table 1 of this section. Table 1 to § 218.12( b )" 50:50:10.0.1.3.4.2.1.4,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,B,Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area,,§ 218.13 Prohibitions.,NOAA,,,,"Except for incidental takings contemplated in § 218.12(a) and authorized by an LOA issued under §§ 216.106 of this chapter and 218.16, it shall be unlawful for any person to do any of the following in connection with the activities listed in § 218.10(c): (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 218.16; (b) Take any marine mammal not specified in § 218.12(b); (c) Take any marine mammal specified in § 218.12(b) in any manner other than as specified in the LOA issued under §§ 216.106 of this chapter and 218.16; or (d) Take a marine mammal specified in § 218.12(b) if NMFS determines such taking is having, or may have, more than a negligible impact on the species or stock concerned." 50:50:10.0.1.3.4.2.1.5,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,B,Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area,,§ 218.14 Mitigation requirements.,NOAA,,,,"When conducting the activities identified in § 218.10(c), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 218.16 will be implemented. These mitigation measures include, but are not limited to: (a) Procedural mitigation. Procedural mitigation is mitigation that the Navy will implement whenever and wherever an applicable training or testing activity takes place within the PMSR Study Area for each applicable activity category or stressor category and includes acoustic stressors ( i.e., weapons firing noise), explosive stressors ( i.e., medium-caliber and large-caliber projectiles, missiles and rockets, bombs), and physical disturbance and strike stressors ( i.e., vessel movement; towed in-water devices ( e.g., surface targets); small-, medium-, and large-caliber non-explosive practice munitions; non-explosive missiles and rockets; and non-explosive bombs). (1) Environmental awareness and education. Navy personnel (including civilian personnel) involved in mitigation and training or testing reporting under the specified activities will complete one or more modules of the U.S. Navy Afloat Environmental Compliance Training Series, as identified in their career path training plan. Modules include: Introduction to the U.S. Navy Afloat Environmental Compliance Training Series, Marine Species Awareness Training, and U.S. Navy Protective Measures Assessment Protocol. (2) Weapons firing noise. Weapons firing noise associated with large-caliber gunnery activities. (i) Number of Lookouts and observation platform. One Lookout will be positioned on the ship conducting the firing. Depending on the activity, the Lookout could be the same as the one provided for under paragraph (a)(7)(i) of this section. (ii) Mitigation z one and requirements. The mitigation zone will be 30 degrees on either side of the firing line out to 70 yd from the muzzle of the weapon being fired. (A) Prior to the initial start of the activity. Navy personnel will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will relocate or delay the start of weapons firing. (B) During the activity. Navy personnel will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will cease weapons 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 weapons firing) until one of the following conditions has been met: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Determined to have exited. The animal is determined to have exited the mitigation zone based on its course, speed, and movement away from weapons firing noise; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 30 minutes (min); or ( 4 ) Firing ship transit. For mobile activities, the firing ship has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (3) Explosive medium-caliber and large-caliber projectiles. Gunnery activities using explosive medium-caliber and large-caliber projectiles. Mitigation applies to activities using a surface target. (i) Number of Lookouts and observation platform. One Lookout will be on the vessel or aircraft conducting the activity. For activities using explosive large-caliber projectiles, depending on the activity, the Lookout could be the same as the one described in paragraph (a)(2)(i) of this section. If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., safety observers, evaluators) will 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 are as follows: 200 yd (182.88 m) around the intended impact location for air-to-surface activities using explosive medium-caliber projectiles; 600 yd (548.64 m) around the intended impact location for surface-to-surface activities using explosive medium-caliber projectiles; and 1,000 yd (914.4 m) around the intended impact location for surface-to-surface activities using explosive large-caliber projectiles. (A) Prior to the initial start of the activity (e.g., when maneuvering on station). Navy personnel will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will relocate or delay the start of firing. (B) During the activity. Navy personnel will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Determined to have exited. The animal is determined to have exited the mitigation zone based on a its course, speed, and movement away from the intended impact location; ( 3 ) Clear from additional sightings. 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 ( 4 ) Impact location transit. For activities using mobile targets, the intended impact location 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 will, 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 will 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. (4) Explosive missiles and rockets. Aircraft-deployed explosive missiles and rockets. Mitigation applies to activities using a maritime surface target at ranges up to 75 nmi (139 km). (i) Number of Lookouts and observation platform. One Lookout will be positioned in an aircraft. If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., safety observers, evaluators) will 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 are as follows: 900 yd (822.96 m) around the intended impact location for missiles or rockets with 0.6-20 lb net explosive weight; and 2,000 yd (1,828.8 m) around the intended impact location for missiles with 21-500 lb net explosive weight. (A) Prior to the initial start of the activity ( e.g., during a fly-over of the mitigation zone). Navy personnel will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will relocate or delay the start of firing. (B) During the activity. Navy personnel will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will cease firing. (C) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel will 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Determined to have exited. The animal is determined to have exited the mitigation zone based on its course, speed, and movement away from the intended impact location; or ( 3 ) Clear from additional sightings. 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. (D) After completion of the activity ( e.g., prior to maneuvering off station). Navy personnel will, 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 will 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. Mitigation applies to activities using a maritime surface target at ranges up to 75 nmi (139 km). (i) Number of Lookouts and observation platform. One Lookout will 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) will support observing the relevant mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation z one 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 will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will relocate or delay the start of bomb deployment. (B) During the activity (e.g., during target approach). Navy personnel will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will cease bomb deployment. (C) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel will 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Determined to have exited. The animal is determined to have exited the mitigation zone based on its course, speed, and movement away from the intended target; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 10 min; or ( 4 ) Intended target transit. 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 will, 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 will 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. (6) Vessel movement. The mitigation will not be required if: the vessel's 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 will 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 bow-riding dolphins and pinnipeds hauled out on man-made navigational structures, port structures, and vessels). (A) During the activity. When underway Navy personnel will observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel will maneuver to maintain distance. (B) [Reserved] (iii) Reporting. If a marine mammal vessel strike occurs, Navy personnel will 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 will be positioned on the platform conducting the activity. Depending on the activity, the Lookout could be the same as the one described in paragraph (a)(2)(i) of this section. (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 will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will relocate or delay the start of firing. (B) During the activity. Navy personnel will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will cease firing. (C) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel will 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Determined to have exited. The animal is determined to have exited the mitigation zone based on its course, speed, and movement away from the intended impact location; ( 3 ) Clear of additional sightings. The mitigation zone has been clear from any additional sightings for 10 min for aircraft-based firing or 30 min for vessel-based firing; ( 4 ) Impact location transit. 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 non-explosive missiles and rockets. Mitigation applies to activities using a maritime surface target at ranges of up to 75 nmi (139 km). (i) Number of Lookouts and observation platform. One Lookout will 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 will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will relocate or delay the start of firing. (B) During the activity. Navy personnel will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will cease firing. (C) Commencement/recommencement conditions after a marine mammal sighting prior to or during the activity. Navy personnel will 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Determined to have exited. The animal is determined to have exited the mitigation zone based on its course, speed, and movement away from the intended impact location; or ( 3 ) Clear of additional sightings. 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. Mitigation applies to activities using a maritime surface target at ranges up to 75 nmi (139 km). (i) Number of Lookouts and observation platform. One Lookout will 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 will observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or marine mammals are observed, Navy personnel will 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 will observe the mitigation zone for floating vegetation and marine mammals and, if floating vegetation or marine mammals are observed, Navy personnel will cease bomb deployment. (C) Commencement/recommencement conditions after a marine mammal sighting prior to or during the activity. Navy personnel will 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Determined to have exited. The animal is determined to have exited the mitigation zone based its course, speed, and movement away from the intended target or minefield location; ( 3 ) Clear of additional sightings. The mitigation zone has been clear from any additional sightings for 10 min; or ( 4 ) Intended target transit. 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. (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 will not cross over pinniped haulouts at elevations less than 305 m (1,000 ft) above the haulout. All manned aircraft and helicopter flight paths will 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 will be maintained over pinniped haulout areas and rookeries: Class 0-2 UAS will maintain a minimum altitude of 300 ft; Class 3 UAS will maintain a minimum altitude of 500 ft; Class 4 or 5 UAS will not be flown below 1,000 ft. (A) Pinniped haulouts. Navy personnel will 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 will 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 will 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 will consult with NMFS to determine how to proceed. (E) Review of launch procedures. The Navy will 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 will be made through modification to the LOA prior to conducting the next launch of the same vehicle. (ii) [Reserved] (b) Seasonal awareness messages. In addition to procedural mitigation, Navy personnel will implement seasonal awareness notification messages throughout the PMSR Study Area to avoid interaction with large whales during transit. (1) Blue whale awareness notification message. (i) Navy personnel will 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 will instruct vessels to remain vigilant to the presence of blue whales that, when concentrated seasonally, may become vulnerable to vessel strikes. (iii) Navy personnel will 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 will 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 will instruct vessels to remain vigilant to the presence of gray whales that, when concentrated seasonally, may become vulnerable to vessel strikes. (iii) Navy personnel will 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 will 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 will instruct vessels to remain vigilant to the presence of fin whales that, when concentrated seasonally, may become vulnerable to vessel strikes. (iii) Navy personnel will 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." 50:50:10.0.1.3.4.2.1.6,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,B,Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area,,§ 218.15 Requirements for monitoring and reporting.,NOAA,,,,"(a) Unauthorized take. Navy personnel will notify NMFS immediately (or as soon as operational security considerations allow) if the specified activity identified in § 218.10 is thought to have resulted in the serious injury or mortality of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart. (b) Monitoring and reporting under the LOA. The Navy will conduct all monitoring and reporting required under the LOA. The Navy will coordinate and discuss with NMFS how monitoring in the PMSR Study Area could contribute to the Navy's Marine Species Monitoring Program. (c) Notification of injured, live stranded, or dead marine mammals. Navy personnel will consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-testing-and-training-activities-point-mugu-sea-range. (d) Pinniped monitoring plan on SNI. In consultation with NMFS, the Navy will implement a monitoring plan for beaches exposed to missile launch noise with the goal of assessing baseline pinniped distribution/abundance and potential changes in pinniped use of these beaches after launch events. Marine mammal monitoring shall include multiple surveys ( e.g., time-lapse photography) during the year that record the species, number of animals, general behavior, presence of pups, age class, gender and reactions to launch noise or other natural or human caused disturbances, in addition to environmental conditions that may include tide, wind speed, air temperature, and swell. In addition, video and acoustic monitoring of up to three pinniped haulout areas and rookeries will be conducted during launch events that include missiles or targets that have not been previously monitored using video and acoustic recorders for at least three launch events. Video monitoring cameras would be either high-definition video cameras, or Forward-Looking Infrared Radiometer (FLIR) thermal imaging cameras for night launch events. (e) Annual pinniped monitoring report on SNI. The Navy will submit an annual report to NMFS of the SNI rocket and missile launch activities. The draft annual monitoring report will be submitted to the Director, Office of Protected Resources, NMFS, within 3 months after the end of the reporting year. NMFS will submit comments or questions on the draft monitoring report, if any, within 3 months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or 3 months after the submission of the draft if NMFS does not provide comments on the draft report. The report will summarize the launch events conducted during the year; assess any direct impacts to pinnipeds from launch events; assess any cumulative impacts on pinnipeds from launch events; and, summarize pinniped monitoring and research activities conducted on SNI and any findings related to effects of launch noise on pinniped populations. (f) Annual PMSR Study Area Training and Testing Activity Report. Each year, the Navy will submit a detailed report PMSR (Annual Training and Testing Activity Report) to the Director, Office of Protected Resources, NMFS, within 3 months after the one-year anniversary of the date of issuance of the LOA. NMFS will submit comments or questions on the report, if any, within 1 month of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or 1 month after submission of the draft if NMFS does not provide comments on the draft report. The annual report will contain information on all sound sources used (total hours or quantity of each bin; total annual number of each type of explosive events; and total annual expended/detonated rounds (missiles, bombs, etc. ) for each explosive bin). The annual report will also contain both the current year's data as well as explosive use quantity from previous years' reports. Additionally, if there were any changes to the explosive allowance in a given year, or cumulatively, the report will include a discussion of why the change was made and include analysis to support how the change did or did not affect the analysis in the 2022 PMSR Final Environment Impact Statement/Overseas Environmental Impact Statement (“FEIS/OEIS”; available at https://pmsr-eis.com/ ) and the analysis in the Marine Mammal Protection Act (MMPA) final rule (87 FR 40888, July 8, 2022). The annual report will also include the details regarding specific requirements associated with monitoring on SNI. The final annual/close-out report at the conclusion of the authorization period (year 7) will serve as the comprehensive close-out report and include both the final year annual use compared to annual authorization as well as a cumulative 7-year annual use compared to 7-year authorization. The detailed reports will contain the information identified in paragraphs (f)(1) and (2) of this section. (1) Explosives. This section of the report will include the following information for explosive activities completed that year. (i) Activity information gathered for each explosive event. (A) Location by Special Use Airspace ( e.g., Warning Area). (B) Date and time exercise began and ended. (C) Total hours of observation by Lookouts before, during, and after exercise. (D) Total annual expended/detonated ordnance ( i.e., missile, bombs etc. ) number and types of explosive source bins detonated. (E) Wave height in feet (high, low, and average) during exercise. (F) Narrative description of sensors and platforms utilized for marine mammal detection and timeline illustrating how marine mammal detection was conducted. (ii) Individual marine mammal observation (by Navy Lookouts) information for each sighting where mitigation was implemented. (A) Date/time/location of sighting. (B) Species (if not possible, indicate whale or dolphin). (C) Number of individuals. (D) Initial detection sensor ( e.g., sonar or Lookout). (E) Length of time observers maintained visual contact with marine mammal. (F) Sea state. (G) Visibility. (H) Whether sighting was before, during, or after detonations/exercise, and how many minutes before or after. (I) Distance of marine mammal from actual detonations (or target spot if not yet detonated): Less than 200 yd (183 m), 200 to 500 yd (183 m to 457 m), 500 to 1,000 yd (457 m to 914 m), 1,000 to 2,000 yd (914 m to 1,829 m), or greater than 2,000 yd (1,829 m). (J) Lookouts will report, in plain language and without trying to categorize in any way, the observed behavior of the animal(s) (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming etc. ), including speed and direction and if any calves were present. (K) The report will indicate whether explosive detonations were delayed, ceased, modified, or not modified due to marine mammal presence and for how long. (L) If observation occurred while explosives were detonating in the water, indicate munition type in use at time of marine mammal detection. (2) Summary of sources used. This section of the report will include the following information summarized from the authorized sound sources used in all training and testing events: (i) Total annual quantity (per the LOA) of each explosive bin; and (ii) Total annual expended/detonated ordnance (missiles, bombs, etc. ) for each explosive bin. (g) Final close-out report. The final (year 7) draft annual/close-out report will be submitted within 3 months after the expiration of this subpart to the Director, Office of Protected Resources, NMFS. NMFS will submit comments on the draft close-out report, if any, within 3 months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or 3 months after the submittal of the draft if NMFS does not provide comments." 50:50:10.0.1.3.4.2.1.7,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,B,Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area,,§ 218.16 Letters of Authorization.,NOAA,,,,"(a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy will apply for and obtain an LOA in accordance with § 216.106 of this chapter. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed between October 31, 2021, and October 30, 2028. (c) If an LOA expires prior to October 30, 2028, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.17(c)(1)) required by an LOA issued under this subpart, the Navy will apply for and obtain a modification of the LOA as described in § 218.17. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species or stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (f) Issuance of the LOA(s) will be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination." 50:50:10.0.1.3.4.2.1.8,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,B,Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area,,§ 218.17 Renewals and modifications of Letters of Authorization.,NOAA,,,,"(a) An LOA issued under §§ 216.106 of this chapter and 218.16 for the activity identified in § 218.10(c) may be renewed or modified upon request by the applicant, provided that: (1) The specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA(s) were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations in this subpart or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), NMFS may publish a notice of LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.16 may be modified by NMFS under the following circumstances: (1) Adaptive management. After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's annual monitoring report and annual exercise report from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; (C) Results from specific stranding investigations; or (D) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations in this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of a new LOA in the Federal Register and solicit public comment. (2) Emergencies. If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.16, an LOA may be modified without prior notice or opportunity for public comment. Notice will be published in the Federal Register within 30 days of the action." 50:50:10.0.1.3.4.2.1.9,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,B,Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area,,§§ 218.18-218.19 [Reserved],NOAA,,,, 50:50:10.0.1.3.4.4.1.1,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,G,Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR),,§ 218.60 Specified activity and geographical region.,NOAA,,,"[88 FR 24100, Apr. 18, 2023, as amended at 90 FR 38002, Aug. 7, 2025]","(a) Regulations in this subpart apply only to the U.S. Air Force (USAF) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the USAF under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the Eglin Gulf Test and Training Range (EGTTR). The EGTTR is located adjacent to Santa Rosa, Okaloosa, and Walton Counties and includes property on Santa Rosa Island and Cape San Blas. The EGTTR is the airspace controlled by Eglin Air Force Base (AFB) over the Gulf of America, beginning 3 nautical miles (nmi) from shore, and the underlying Gulf of America waters. The EGTTR extends southward and westward off the coast of Florida and encompasses approximately 102,000 square nautical miles (nmi 2 ). It is subdivided into blocks of airspace that consist of Warning Areas W-155, W-151, W-470, W-168, and W-174 and Eglin Water Test Areas 1 through 6. The two primary components of the EGTTR Complex are Live Impact Area and East Live Impact Area. (c) The taking of marine mammals by the USAF is only authorized if it occurs incidental to the USAF conducting training and testing activities, including air warfare and surface warfare training and testing activities." 50:50:10.0.1.3.4.4.1.2,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,G,Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR),,§ 218.61 Effective dates.,NOAA,,,,"Regulations in this subpart are effective from April 13, 2023, through April 13, 2030." 50:50:10.0.1.3.4.4.1.3,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,G,Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR),,§ 218.62 Permissible methods of taking.,NOAA,,,,"(a) Under an LOA issued pursuant to § 216.106 of this subchapter and § 218.66, the Holder of the LOA (hereinafter “USAF”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.60(b) by Level A and Level B harassment (defined in section 3(18)(B) of the Marine Mammal Protection Act) associated training and testing activities described in § 218.60(c) provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.60(c) is limited to the species and stocks listed in table 1 to this paragraph (b). Only Level B Harassment of Rice's whales is authorized. Level A Harassment and level B Harassment of the two dolphin stocks are authorized. Table 1 to Paragraph (b)" 50:50:10.0.1.3.4.4.1.4,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,G,Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR),,§ 218.63 Prohibitions.,NOAA,,,,"(a) Except for permissible incidental take described in § 218.62(a) and authorized by an LOA issued under § 216.106 of this subchapter and § 218.66, no person in connection with the activities listed in § 218.66 may do any of the following in connection with activities listed in § 218.60(c): (1) Violate, or fail to comply with, the terms, conditions, or requirements of this subpart or an LOA issued under § 216.106 of this subchapter and § 218.66; (2) Take any marine mammal not specified in § 218.62(b); (3) Take any marine mammal specified in § 218.62(b) in any manner other than as specified in the LOA issued under § 216.106 of this subchapter and § 218.66; (4) Take a marine mammal specified in § 218.62(b) after the National Marine Fisheries Service (NMFS) determines such taking results in more than a negligible impact on the species or stock of such marine mammal. (b) [Reserved]" 50:50:10.0.1.3.4.4.1.5,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,G,Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR),,§ 218.64 Mitigation requirements.,NOAA,,,,"(a) When conducting the activities identified in § 218.60(c), the mitigation measures contained in this subpart and any LOA issued under § 216.106 of this subchapter and § 218.66 must be implemented. These mitigation measures include, but are not limited to: (1) Operational measures. Operational mitigation is mitigation that the USAF must implement whenever and wherever an applicable training or testing activity takes place within the EGTTR for each mission-day category. (i) Pre-mission survey. (A) All missions must occur during daylight hours with the exception of gunnery training, mission-day category K, and other missions that can have nighttime monitoring capabilities comparable to the nighttime monitoring capabilities of gunnery aircraft. (B) USAF range-clearing vessels and marine mammal survey vessels must be onsite 90 minutes before mission to clear prescribed human safety zone and survey the mitigation zone for the given mission-day category. (C) For all live missions except gunnery missions, USAF Protected Species Observers (PSOs) must monitor the mitigation zones as defined in table 1 to paragraph (a)(1)(i)(C)( 5 ) of this section for the given mission-day category for a minimum of 30 minutes or until the entirety of the mitigation zone has been surveyed, whichever takes longer. ( 1 ) The mitigation zone for live munitions must be defined by the mission-day category that most closely corresponds to the actual planned mission based on the predicted net explosive weight at impact (NEWi) to be released, as shown in table 1 to paragraph (a)(1)(i)(C)( 5 ) of this section. ( 2 ) The mitigation zone for inert munitions must be defined by the energy class that most closely corresponds to the actual planned mission, as shown in table 2 to paragraph (a)(1)(i)(D) of this section. ( 3 ) The energy of the actual mission must be less than the energy of the identified mission-day category in terms of total NEWi as well as the largest single munition NEWi. ( 4 ) For any gunnery missions PSOs must at a minimum monitor out to the mitigation zone distances shown in table 3 to paragraph (a)(1)(i)(D) of this section that applies for the corresponding energy class. ( 5 ) Missions falling under mission-day categories A, B, C, and J, and all other missions when practicable must allot time to provide PSOs to vacate the human safety zone. While exiting, PSOs must observe the monitoring zone out to corresponding mission-day category as shown in table 1 to this paragraph (a)(1)(i)(C)( 5 ). Table 1 to Paragraph (a)(1)(i)(C) ( 5 )—Pre-Mission Mitigation and Monitoring Zones (in m) for Live Missions Impact Area 1 For G, double the Level A harassment threshold distance (permanent threshold shift (PTS)) is 0.548 km, but G is AC-130 gunnery mission with an inherent mitigation zone of 9.260 km/5 nmi. 2 For H, double the Level A harassment threshold distance (PTS) is 0.450 km, but H is AC-130 gunnery mission with an inherent mitigation zone of 9.260 km/5 nmi. 3 For Q, double the Level A harassment threshold distance (PTS) is 0.494 km, but Q is AC-130 gunnery mission with an inherent mitigation zone of 9.260 km/5nmi. 4 R has components of both gunnery and inert small diameter bomb. Double the Level A harassment threshold distance (PTS) is 0.278 km, however, for gunnery component the inherent mitigation zone would be 9.260 km. 5 The monitoring zone for non-gunnery missions is the area between the mitigation zone and the human safety zone and is not standardized, as the human safety zone is not standardized. The human safety zone is determined per each mission by the Test Wing Safety Office based on the munition and parameters of its release (to include altitude, pitch, heading, and airspeed). 6 Based on the operational altitudes of gunnery firing, and the only monitoring during mission coming from onboard the aircraft conducting the firing, the monitoring zone for gunnery missions will be a smaller area than the mitigation zone and be based on the field of view from the aircraft. These observable areas will at least be double the Level A harassment threshold distance (PTS) for the mission-day categories G, H, and Q (gunnery-only mission-day categories). (D) Missions involving air-to-surface gunnery operations must conduct aerial monitoring of the mitigation zones, as described in the table 3 to this paragraph (a)(1)(i)(D). Table 2 to Paragraph (a)(1)(i)(D) —Pre-Mission Mitigation and Monitoring Zones (in m) for Inert Missions Impact Area 1 The monitoring zone for non-gunnery missions is the area between the mitigation zone and the human safety zone and is not standardized, as the human safety zone (HSZ) is not standardized. The HSZ is determined per each mission by the Test Wing Safety Office based on the munition and parameters of its release (to include altitude, pitch, heading, and airspeed). Table 3 to Paragraph (a)(1)(i)(D) —Aerial Monitoring Requirements for Air-to-Surface Gunnery Operations 1 FU = Full Up; TR = Training Round. (ii) Mission postponement, relocation, or cancellation. (A) If marine mammals other than the two authorized dolphin species for which take is authorized are observed in either the mitigation zone or monitoring zone by PSOs, then mission activities must be cancelled for the remainder of the day. (B) The mission must be postponed, relocated, or cancelled if either of the two authorized dolphin species are visually detected in the mitigation zone during the pre-mission survey. Postponement must continue until the animals are confirmed to be outside of the mitigation zone and observed by a PSO to be heading away from the mitigation zone or until the animals are not seen again for 30 minutes. (C) The mission must be postponed if marine mammal indicators ( i.e., large schools of fish or large flocks of birds) are observed feeding at the surface within the mitigation zone. Postponement must continue until these potential indicators are confirmed to be outside the mitigation zone. (D) If either of the two authorized dolphin species are observed in the monitoring zone by PSOs when observation vessels are exiting the human safety zone, and if PSOs determine the marine mammals are heading toward the mitigation zone, then missions must either be postponed, relocated, or cancelled based on mission-specific test and environmental parameters. Postponement must continue until the animals are confirmed by a PSO to be heading away from the mitigation zone or until the animals are not seen again for 30 minutes. (E) Aerial-based PSOs must look for potential indicators of marine mammal species presence, such as large schools of fish and large, active groups of birds. (F) If marine mammal or potential indicators are detected in the mitigation area during pre-mission surveys or during the mission by aerial-based or video-based PSOs, operations must be immediately halted until the mitigation zone is clear of all marine mammals, or the mission must be relocated to another target area. (iii) Vessel avoidance measures. Vessel operators must follow vessel strike avoidance measures. (A) When any marine mammal is sighted, vessels must attempt to maintain a distance of at least 150 ft (46 m) away from marine mammals and 300 ft (92 m) away from whales. Vessels must reduce speed and avoid abrupt changes in direction until the animal(s) has left the area. (B) If a whale is sighted in a vessel's path or within 300 feet (92 m) from the vessel, the vessel speed must be reduced and the vessel's engine must be shifted to neutral. The engines must not be engaged until the animals are clear of the area. (C) If a whale is sighted farther than 300 feet (92 m) from the vessel, the vessel must maintain a distance of 300 feet greater between the whale and the vessel's speed must be reduced to 10 knots or less. (D) Vessels are required to stay 500 m away from the Rice's whale. If a baleen whale cannot be positively identified to species level then it must be assumed to be a Rice's whale and the 500 m separation distance must be maintained. (E) Vessels must avoid transit in the core distribution area (CDA), as specified in the LOA issued under § 216.106 of this subchapter and § 218.66, and within the 100—400 m isobath zone outside the CDA. If transit in these areas is unavoidable, vessels must not exceed 10 knots and transit at night is prohibited. (F) An exception to any vessel strike avoidance measure is for instances required for human safety, such as when members of the public need to be intercepted to secure the human safety zone, or when the safety of a vessel operations crew could be compromised. (iv) Gunnery-specific mitigation. (A) If 105-mm rounds are used during nighttime gunnery missions they must be 105 mm training rounds. The USAF may only use 105-mm high-explosive (HE) rounds during daytime operations. (B) Within a mission, firing must start with use of the lowest caliber munition and proceed to increasingly larger rounds. (C) Any pause in live fire activities greater than 10 minutes must be followed by the re-initiation of pre-mission surveys. (2) Geographic mitigation measures —(i) Setbacks for Live Impact Areas (LIAs). Use of live munitions with surface or subsurface detonations is restricted in the western part of the existing LIA and East LIA such that activities may not occur seaward of the setbacks from the 100 m-isobath shown in table 4 to this paragraph (a)(2)(i). Table 4 to Paragraph (a)(2)(i) —Setback Distances To Prevent Permanent Threshold Shift Impacts to the Rice's Whale (ii) Gunnery missions. All gunnery missions must be conducted at least 500 meters landward of the 100-m isobath. (iii) Live munition prohibitions. Use of live munitions with surface or subsurface detonations must be restricted to the LIA and East LIA and is prohibited from the area between the 100-m and 400-m isobaths. (iv) Inert munition restrictions. Use of inert munitions is prohibited between the 100-m and 400-m isobaths throughout the EGTTR. (v) Mission category K restrictions. (A) Munitions under mission-day category K must be fired into the EGTTR inside of the LIAs and outside of the area between 100-m to 400-m isobaths (B) Mission-day category K munitions must have a setback of 1.338 km from the 100-m isobath. (C) Mission-day category K munitions may be fired into portions of the EGTTR outside the LIAs but must be outside the area between the 100-m and 400-m isobaths. (3) Environmental mitigation —(i) Sea state conditions. Missions must be postponed or rescheduled if conditions exceed Beaufort sea state 4, which is defined as moderate breeze, breaking crests, numerous white caps, wind speed of 11 to 16 knots, and wave height of 3.3 to 6 feet. (ii) Daylight restrictions. All live missions except for nighttime gunnery and mission-day category K will occur no earlier than 2 hours after sunrise and no later than 2 hours before sunset. (b) [Reserved]" 50:50:10.0.1.3.4.4.1.6,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,G,Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR),,§ 218.65 Requirements for monitoring and reporting.,NOAA,,,,"(a) PSO training. All personnel who conduct protected species monitoring must complete Eglin Air Force Base's (AFB) Marine Species Observer Training Course. (1) Any person who will serve as a PSO for a particular mission must have completed the training within a year prior to the mission. (2) For missions that require multiple survey platforms to cover a large area, a Lead Biologist must be designated to lead the monitoring and coordinate sighting information with the Test Director or Safety Officer. (b) Vessel-based monitoring. (1) Survey vessels must run predetermined line transects, or survey routes that will provide sufficient coverage of the survey area. (2) Monitoring must be conducted from the highest point feasible on the vessels. (3) There must be at least two PSOs on each survey vessel. (4) For missions that require multiple vessels to cover a large survey area, a Lead Biologist must be designated. (i) The Lead Biologist must coordinate all survey efforts. (ii) The Lead Biologist must compile sightings information from other vessels. (iii) The Lead Biologist must inform Tower Control if the mitigation and monitoring zones are clear or not clear of marine mammal species. (iv) If the area is not clear, the Lead Biologist must provide recommendations on whether the mission should be postponed or canceled. (v) Tower Control must relay the Lead Biologist's recommendation to the Safety Officer. The Safety Officer and Test Director must collaborate regarding range conditions based on the information provided. (vi) The Safety Officer must have the final authority on decisions regarding postponements and cancellations of missions. (c) Aerial-based monitoring. (1) All mission-day categories require aerial-based monitoring, assuming assets are available and when such monitoring does not interfere with testing and training parameters required by mission proponents. (2) Gunnery mission aircraft must also serve as aerial-based monitoring platforms. (3) Aerial survey teams must consist of Eglin Natural Resources Office personnel or their designees aboard a non-mission aircraft or the mission aircrew. (4) All aircraft personnel on non-mission and mission aircraft who are acting in the role of a PSO must have completed Eglin AFB's Marine Species Observer Training Course. (5) One trained PSO in the aircraft must record data and relay information on species sightings, including the species (if possible), location, direction of movement, and number of animals, to the Lead Biologist. (6) For gunnery missions, after arriving at the mission site and before initiating gun firing, the aircraft must fly at least two complete orbits around the target area out to the applicable monitoring zone at a minimum safe airspeed and appropriate monitoring altitude as shown in table 3 to § 218.64(a)(1)(i)(D). (7) Aerial monitoring by aircraft must maintain a minimum ceiling of 305 m (1,000 feet) and visibility of 5.6 km (3 nmi) for effective monitoring efforts and flight safety as shown in table 3 to § 218.64(a)(1)(i)(D). (8) Pre-mission aerial surveys conducted by gunnery aircrews in AC-130s must extend out 5 nmi (9,260 m) from the target location while aerial surveys in CV-22 aircraft must extend out from the target location to a range of 3 nmi (5,556 m) as shown in table 3 to § 218.64(a)(1)(i)(D). (9) If the mission is relocated, the pre-mission survey procedures must be repeated in the new area. (10) If multiple gunnery missions are conducted during the same flight, marine species monitoring must be conducted separately for each mission. (11) During nighttime missions, night-vision goggles must be used. (12) During nighttime missions, low-light electro-optical and infrared sensor systems on board the aircraft must be used for marine mammal species monitoring. (13) Mission-day category K tests and any other missions that are conducted at nighttime must be supported by AC-130 aircraft with night-vision instrumentation or other platforms with comparable nighttime monitoring capabilities. (14) For Mission-day category K missions, the pre-mission survey area must extend out to, at a minimum, double the Level A harassment (PTS) threshold distance for delphinids (0.89 km). Mission-day category K is estimated to have a PTS threshold distance of 0.445 km as shown in table 1 to this paragraph (c)(14). Table 1 to Paragraph (c)(14) —Bottlenose Dolphin Threshold Distances (in km) for Live Missions in the Existing Live Impact Area (d) Video-based monitoring. (1) All mission-day categories require video-based monitoring when practicable except for gunnery missions. (2) A trained PSO (the video camera PSO) must monitor the live video feeds from the Gulf Range Armament Test Vessel (GRATV) transmitted to the Central Control Facility (CCF). (3) The video camera PSO must report any marine mammal species sightings to the Safety Officer, who will also be at the CCF. (4) The video camera PSO must have open lines of communication with the PSOs on vessels to facilitate real-time reporting of marine species sightings. (5) Direct radio communication must be maintained between vessels, GRATV personnel, and Tower Control throughout the mission. (6) If a marine mammal species is detected on the live video by a PSO prior to weapon release, the mission must be stopped immediately by the Safety Officer. (7) Supplemental video monitoring by additional aerial assets must be used when practicable ( e.g. balloons, unmanned aerial vehicles). (e) Post-mission monitoring. (1) All marine mammal sightings must be documented on report forms that are submitted to the Eglin Natural Resources Office after the mission. (2) For gunnery missions, following each mission, aircrews must conduct a post-mission survey beginning at the operational altitude and continuing through an orbiting descent to the designated monitoring altitude. The post-mission survey area will be the area covered in 30 minutes of observation in a direction down-current from the impact site or the actual pre-mission survey area, whichever is reached first. (3) During post-mission monitoring, PSOs must survey the mission site for any dead or injured marine mammals. The post-mission survey area will be the area covered in 30 minutes of observation in a direction down-current from the impact site or the actual pre-mission survey area, whichever is reached first. (f) Acoustic monitoring. (1) The USAF must conduct a single passive acoustic monitoring (PAM) study to investigate marine mammal vocalizations before, during, and after live missions that include underwater detonations in the EGTTR. (2) The USAF must further investigate ways to supplement its mitigation measures with the use of real-time PAM devices ( i.e., sonobuoys or hydrophones). (3) These studies are contingent upon the availability of funding. (4) Both studies must be approved by NMFS. (g) Annual monitoring report. The USAF must submit an annual draft monitoring report to NMFS within 90 working days of the completion of each year's activities authorized by the LOA as well as a comprehensive summary report at the end of the project. The annual reports and final comprehensive report 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 will be considered final. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments. The annual reports must contain the informational elements described in paragraphs (g)(1) through (5) of this section, at a minimum. The comprehensive 7-year report must include a summary of the monitoring information collected over the 7-year period (including summary tables), along with a discussion of the practicability and effectiveness of the mitigation and monitoring and any other important observations or discoveries. (1) Dates and times (begin and end) of each EGTTR mission; (2) Complete description of mission activities; (3) Complete description of pre-and post-monitoring activities occurring during each mission; (4) Environmental conditions during monitoring periods including Beaufort sea state and any other relevant weather conditions such as cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance; and (5) Upon observation of a marine mammal, the following information should be collected: (i) Observer who sighted the animal and observer location and activity at time of sighting; (ii) Time of sighting; (iii) Identification of the animal ( e.g., genus/species, lowest possible taxonomic level, or unidentified), observer confidence in identification, and the composition of the group if there is a mix of species; (iv) Distances and bearings of each marine mammal observed in relation to the target site; (v) Estimated number of animals including the minimum number, maximum number, and best estimate); (vi) Estimated number of animals by cohort ( e.g., adults, juveniles, neonates, group composition etc.); (vii) Estimated time that the animal(s) spent within each of the mitigation and monitoring zones; (viii) Description of any marine mammal observed marine mammal behaviors (such as feeding or traveling) or changes in behavioral patterns ( e.g., changes in travel direction or speed, breaking off feeding, breaching), noting when they relate to know changes in activities; (ix) Detailed information about implementation of any mitigation ( e.g., postponements, relocations and cancellations); and (x) All PSO datasheets and/or raw sightings data. (6) The final comprehensive report must include a summary of data collected as part of the annual reports. (h) Reporting dead or injured marine mammal. (1) In the event that personnel involved in the monitoring activities discover an injured or dead marine mammal, the USAF must report the incident to NMFS Office of Protected Resources (OPR), and to the NMFS Southeast Region Marine Mammal Stranding Network Coordinator, as soon as feasible. If the death or injury was likely caused by the USAF's activity, the USAF must immediately cease the specified activities until NMFS OPR is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of this subpart and the LOA issued under § 216.106 of this subchapter and § 218.66. (2) The USAF will not resume their activities until notified by NMFS. The report must include the following information: (i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable); (ii) Species identification (if known) or description of the animal(s) involved; (iii) Condition of the animal(s) (including carcass condition if the animal is dead); (iv) Observed behaviors of the animal(s), if alive; (v) If available, photographs or video footage of the animal(s); and (vi) General circumstances under which the animal was discovered." 50:50:10.0.1.3.4.4.1.7,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,G,Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR),,§ 218.66 Letters of Authorization.,NOAA,,,,"(a) To incidentally take marine mammals pursuant to the regulations in this subpart, the USAF must apply for and obtain an LOA in accordance with § 216.106 of this subchapter. (b) An LOA, unless suspended or revoked, may be effective seven years from the date of issuance. (c) Except for changes made pursuant to the adaptive management provision of § 218.67(b)(1), in the event of projected changes to the activity or to mitigation, monitoring, or reporting required by an LOA issued under this subpart, the USAF must apply for and obtain a modification of the LOA as described in § 218.67. (d) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species or stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (e) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (f) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination." 50:50:10.0.1.3.4.4.1.8,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,G,Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR),,§ 218.67 Renewals and modifications of Letters of Authorization.,NOAA,,,,"(a) An LOA issued under § 216.106 of this subchapter and § 218.66 for the activity identified in § 218.60(c) may be modified upon request by the applicant, consistent with paragraph (b) of this section, provided that any requested changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (b)(1) of this section) do not change the underlying findings made for the regulations in this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or years). (b) An LOA issued under § 216.106 of this subchapter and § 218.66 may be modified by NMFS under the following circumstances: (1) Adaptive management. After consulting with the USAF regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from USAF's annual monitoring report and annual exercise report from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; (C) Results from specific stranding investigations; or (D) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations in this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of a new proposed LOA in the Federal Register and solicit public comment. (2) Emergencies. If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species of marine mammals specified in LOAs issued pursuant to § 216.106 of this subchapter and § 218.66, an LOA may be modified without prior public notice or opportunity for public comment. Notice will be published in the Federal Register within thirty days of the action." 50:50:10.0.1.3.4.4.1.9,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,G,Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR),,§§ 218.68-218.69 [Reserved],NOAA,,,, 50:50:10.0.1.3.4.5.1.1,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,H,Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area,,§ 218.70 Specified activity and geographical region.,NOAA,,,,"(a) Regulations in this subpart apply only to the U.S. Navy (including the U.S. Marine Corps; Navy), U.S. Coast Guard (Coast Guard), and U.S. Army (collectively referred to as the “Action Proponents”) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. Requirements imposed on the Action Proponents must be implemented by those persons they authorize or fund to conduct activities on their behalf. (b) The taking of marine mammals by the Action Proponents under this subpart may be authorized in letters of authorization (LOAs) only if it occurs within the Hawaii-California Training and Testing (HCTT) Study Area. The HCTT Study Area includes areas in the north-central Pacific Ocean, from California west to Hawaii and the International Date Line, and including the Hawaii Range Complex (HRC) and Temporary Operating Area (TOA), Southern California (SOCAL) Range Complex, Point Mugu Sea Range (PMSR), Silver Strand Training Complex, areas along the Southern California coastline from approximately Dana Point to Port Hueneme, and the Northern California (NOCAL) Range Complex. Also included in the HCTT Study Area are Navy pierside locations in Hawaii and Southern California, Pearl Harbor, San Diego Bay, and the transit corridor on the high seas where training and testing may occur. Figure 1 to this paragraph (b) shows the location of the HCTT Study Area. (c) The taking of marine mammals by the Action Proponents is only authorized if it occurs incidental to the Action Proponents conducting military readiness activities, including the following: (1) Amphibious warfare; (2) Anti-submarine warfare; (3) Expeditionary warfare; (4) Mine warfare; (5) Surface warfare; (6) Vessel evaluation; (7) Unmanned systems; (8) Acoustic and oceanographic science and technology; (9) Vessel movement; (10) Land-based launches; and (11) Other training and testing activities." 50:50:10.0.1.3.4.5.1.2,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,H,Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area,,§ 218.71 Effective dates.,NOAA,,,,"Regulations in this subpart are effective from December 21, 2025, through December 20, 2032." 50:50:10.0.1.3.4.5.1.3,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,H,Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area,,§ 218.72 Permissible methods of taking.,NOAA,,,,"(a) Under LOAs issued pursuant to § 216.106 of this chapter and this subpart, the Action Proponents may incidentally, but not intentionally, take marine mammals within the area described in § 218.70(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs. (b) The incidental take of marine mammals by the activities listed in § 218.70(c) is limited to the following species: Table 1 to Paragraph (b)" 50:50:10.0.1.3.4.5.1.4,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,H,Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area,,§ 218.73 Prohibitions.,NOAA,,,,"Except incidental take described in § 218.72 and authorized by a LOA issued under this subpart, it shall be unlawful for any person to do the following in connection with the activities described in this subpart: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under § 216.106 of this chapter and this subpart; (b) Take any marine mammal not specified in § 218.72(b); (c) Take any marine mammal specified in § 218.72(b) in any manner other than as specified in the LOAs; or (d) Take a marine mammal specified in § 218.72(b) after NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal." 50:50:10.0.1.3.4.5.1.5,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,H,Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area,,§ 218.74 Mitigation requirements.,NOAA,,,,"(a) When conducting the activities identified in § 218.70(c), the mitigation measures contained in this section and any LOA issued under this subpart must be implemented by Action Proponent personnel or contractors who are trained according to the requirements in the LOA. If Action Proponent contractors are serving on behalf of Action Proponent personnel, Action Proponent contractors must follow the mitigation applicable to Action Proponent personnel. These mitigation measures include, but are not limited to: (1) Activity-based mitigation. Activity-based mitigation is mitigation that the Action Proponents must implement whenever and wherever an applicable military readiness activity takes place within the HCTT Study Area. The Action Proponents must implement the mitigation described in paragraphs (a)(1)(i) through (xxii) of this section, except as provided in paragraph (a)(1)(xxiii) of this section. (i) Active acoustic sources with power down and shut down capabilities. For active acoustic sources with power down and shutdown capabilities (low-frequency active sonar ≥200 decibels (dB), mid-frequency active sonar sources that are hull mounted on a surface ship (including surfaced submarines), and broadband and other active acoustic sources >200 dB): (A) Mitigation zones and requirements. During use of active acoustic sources with power down and shutdown capabilities, the following mitigation zone requirements apply: ( 1 ) Within 1,000 yards (yd) (914.4 meters (m)) from a marine mammal, Action Proponent personnel must power down active acoustic sources by 6 dB total. ( 2 ) Within 500 yd (457.2 m) from a marine mammal, Action Proponent personnel must power down active acoustic sources by an additional 4 dB (10 dB total). ( 3 ) Within 200 yd (182.9 m) from a marine mammal, Action Proponent personnel must shut down active acoustic sources. (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in or on one of the following: aircraft; pierside, moored, or anchored vessel; underway vessel with space/crew restrictions (including small boats); or underway vessel already participating in the event that is escorting (and has positive control over sources used, deployed, or towed by) an unmanned platform. ( 2 ) Two Lookouts on an underway vessel without space or crew restrictions. ( 3 ) Lookouts must use information from passive acoustic detections to inform visual observations when passive acoustic devices are already being used in the event. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of using active acoustic sources ( e.g., while maneuvering on station). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during use of active acoustic sources. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing or powering up active sonar transmission). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft). (ii) Active acoustic sources with shut down capabilities only (no power down capability). For active acoustic sources with shut down capabilities only (no power down capability) (low-frequency active sonar <200 dB, mid-frequency active sonar sources that are not hull mounted on a surface ship ( e.g., dipping sonar, towed arrays), high-frequency active sonar, air guns, and broadband and other active acoustic sources <200 dB): (A) Mitigation zones and requirements. During use of active acoustic sources with shut down capabilities only, the following mitigation zone requirements apply: ( 1 ) At 200 yd (182.9 m) from a marine mammal, Action Proponent personnel must shut down active acoustic sources. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in or on one of the following: aircraft; pierside, moored, or anchored vessel; underway vessel with space/crew restrictions (including small boats); or underway vessel already participating in the event that is escorting (and has positive control over sources used, deployed, or towed by) an unmanned platform. ( 2 ) Two Lookouts on an underway vessel without space or crew restrictions. ( 3 ) Lookouts must use information from passive acoustic detections to inform visual observations when passive acoustic devices are already being used in the event. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of using active acoustic sources ( e.g., while maneuvering on station). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during use of active acoustic sources. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing or powering up active sonar transmission). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft). (iii) Pile driving and extraction. For pile driving and extraction: (A) Mitigation zones and requirements. During vibratory and impact pile driving and extraction, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease pile driving or extraction if a marine mammal is sighted within 5 yd (4.6 m) of a pile being driven or extracted. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in or on one of the following: shore, pier, or small boat. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation for 15 minutes prior to the initial start of pile driving or pile extraction. ( 2 ) Action proponent personnel must use soft start standard operating procedures when impact pile driving. Soft start requires the Action Proponent to conduct three sets of strikes (three strikes per set) at reduced hammer energy with a 30-second waiting period between each set. A soft start must be implemented at the start of each day's impact pile driving and at any time following cessation of impact pile driving for a period of 30 minutes or longer. ( 3 ) Action Proponent personnel must observe the mitigation zone for marine mammals during pile driving or extraction. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing vibratory or impact pile driving or extraction). The wait period for this activity is 15 minutes. (iv) Weapons firing noise. For weapons firing noise: (A) Mitigation zones and requirements. During explosive and non-explosive large-caliber (57 millimeter (mm) and larger) gunnery firing noise (surface-to-surface and surface-to-air), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease weapons firing if a marine mammal is sighted within 30 degrees on either side of the firing line out to 70 yd (64 m) from the gun muzzle (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a vessel. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of large-caliber gun firing ( e.g., during target deployment). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during large-caliber gun firing. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing explosive and non-explosive large-caliber gunnery firing noise (surface-to-surface and surface-to-air)). The wait period for this activity is 30 minutes. (v) Explosive bombs. For explosive bombs: (A) Mitigation zones and requirements. During the use of explosive bombs of any net explosive weight (NEW), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of explosive bombs if a marine mammal is sighted within 2,500 yd (2,286 m) from the intended target. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of bomb delivery ( e.g., when arriving on station). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during bomb delivery. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures (the Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities ). (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive bombs of any NEW). The wait period for this activity is 10 minutes. (vi) Explosive gunnery. For explosive gunnery: (A) Mitigation zones and requirements. During air-to-surface medium-caliber (larger than 50 caliber and less than 57 mm), surface-to-surface medium-caliber, and surface-to-surface large-caliber explosive gunnery, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of air-to-surface medium-caliber ordnance if a marine mammal is sighted within 200 yd (182.9 m) of the intended impact location. ( 2 ) Action Proponent personnel must cease use of surface-to-surface medium-caliber ordnance if a marine mammal is sighted within 600 yd (548.6 m) of the intended impact location. ( 3 ) Action Proponent personnel must cease use of surface-to-surface large-caliber ordnance if a marine mammal is sighted within 1,000 yd (914.4 m) of the intended impact location. (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a vessel or in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of gun firing ( e.g., while maneuvering on station). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during gunnery fire. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing air-to-surface medium-caliber, surface-to-surface medium-caliber, surface-to-surface large-caliber explosive gunnery). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (vii) Explosive underwater demolition multiple charge—mat weave and obstacle loading. For explosive underwater demolition multiple charge—mat weave and obstacle loading: (A) Mitigation zones and requirements. During the use of explosive underwater demolition multiple charge—mat weave and obstacle loading of any NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease explosive underwater demolition multiple charge—mat weave and obstacle loading if a marine mammal is sighted within 700 yd (640 m) of the detonation site. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) Two Lookouts, one on a small boat and one on shore from an elevated platform. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) The Lookout positioned on a small boat must observe the mitigation zone for marine mammals and floating vegetation for 30 minutes prior to the first detonation. ( 2 ) The Lookout positioned on shore must use binoculars to observe for marine mammals for 10 minutes prior to the first detonation. ( 3 ) Action Proponent personnel must observe the mitigation zone for marine mammals during detonations. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 4 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive underwater demolition multiple charge—mat weave and obstacle loading of any NEW). The wait period for this activity is 10 minutes (determined by the Lookout on shore). (viii) Explosive mine countermeasure and neutralization (no divers). For explosive mine countermeasure and neutralization (no divers): (A) Mitigation zones and requirements. During explosive mine countermeasure and neutralization using 0.1-5 pound (lb) (0.05-2.3 kilogram (kg)) NEW and >5 lb (2.3 kg) NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of 0.1-5 lb (0.05-2.3 kg) NEW if a marine mammal is sighted within 600 yd (548.6 m) from the detonation site. ( 2 ) Action Proponent personnel must cease use of >5 lb (2.3 kg) NEW if a marine mammal is sighted within 2,100 yd (1,920.2 m) from the detonation site. (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a vessel or in an aircraft during 0.1-5 lb (0.05-2.3 kg) NEW use. ( 2 ) Two Lookouts, one on a small boat and one in an aircraft during >5 lb (2.3 kg) NEW use. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations ( e.g., while maneuvering on station; typically, 10 or 30 minutes depending on fuel constraints). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals, concentrations of seabirds, and individual foraging seabirds (in the water and not on shore) during detonations or fuse initiation. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for 10 or 30 minutes (depending on fuel constraints) for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing explosive mine countermeasure and neutralization using 0.1-5 pound (lb) (0.05-2.3 kilogram (kg)) NEW and >5 lb (2.3 kg) NEW). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft). (ix) Explosive mine neutralization (with divers). For explosive mine neutralization (with divers): (A) Mitigation zones and requirements. During explosive mine neutralization (with divers) using 0.1-20 lb (0.05-9.1 kg) NEW (positive control), 0.1-29 lb (0.05-13.2 kg) NEW (time-delay), and >20-60 lb (9.1-27.2 kg) NEW (positive control), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of 0.1-20 lb (0.05-9.1 kg) NEW (positive control) if a marine mammal is sighted within 500 yd (457.2 m) of the detonation site (cease fire). ( 2 ) Action Proponent personnel must cease use of 0.1-29 lb (0.05-13.2 kg) NEW (time-delay) and >20-60 lb (9.1-27.2 kg) NEW (positive control) if a marine mammal is sighted within 1,000 yd (914.4 m) of the detonation site (cease fire). (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) Lookouts in two small boats (one Lookout per boat), or one small boat and one rotary-wing aircraft (with one Lookout each), and one Lookout on shore for shallow-water events during use of 0.1-20 lb (0.05-9.1 kg) NEW (positive control). ( 2 ) Four Lookouts in two small boats (two Lookouts per boat) and one additional Lookout in an aircraft if used in the event during use of 0.1-29 lb (0.05-13.2 kg) NEW (time-delay) and >20-60 lb (9.1-27.2 kg) NEW (positive control). (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Time-delay devices must be set not to exceed 10 minutes. ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations or fuse initiation for positive control events ( e.g., while maneuvering on station) or for 30 minutes prior for time-delay events. ( 3 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals, concentrations of seabirds, and individual foraging seabirds (in the water and not on shore) during detonations or fuse initiation. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 4 ) When practical based on mission, safety, and environmental conditions: ( i ) Boats must observe from the mitigation zone radius mid-point. ( ii ) When two boats are used, boats must observe from opposite sides of the mine location. ( iii ) Platforms must travel a circular pattern around the mine location. ( iv ) Boats must have one Lookout observe inward toward the mine location and one Lookout observe outward toward the mitigation zone perimeter. ( v ) Divers must be part of the Lookout Team. ( 5 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for 30 minutes for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing explosive mine neutralization (with divers) using 0.1-20 lb (0.05-9.1 kg) NEW (positive control), 0.1-29 lb (0.05-13.2 kg) NEW (time-delay), and >20-60 lb (9.1-27.2 kg) NEW (positive control)). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft). (x) Explosive missiles and rockets. For explosive missiles and rockets: (A) Mitigation zones and requirements. During the use of explosive missiles and rockets using 0.6-20 lb (0.3-9.1 kg) NEW (air-to-surface) and >20-500 lb (9.1-226.8 kg) NEW (air-to-surface), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of 0.6-20 lb (0.3-9.1 kg) NEW (air-to-surface) if a marine mammal is sighted within 900 yd (823 m) of the intended impact location (cease fire). ( 2 ) Action Proponent personnel must cease use of >20-500 lb (9.1-226.8 kg) NEW (air-to-surface) if a marine mammal is sighted within 2,000 yd (1,828.8 m) of the intended impact location (cease fire). (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of missile or rocket delivery ( e.g., during a fly-over of the mitigation zone). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during missile or rocket delivery. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive missiles and rockets using 0.6-20 lb (0.3-9.1 kg) NEW (air-to-surface) and >20-500 lb (9.1-226.8 kg) NEW (air-to-surface)). The wait period for this activity is 30 minutes for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (xi) Explosive sonobuoys and research-based sub-surface explosives. For explosive sonobuoys and research-based sub-surface explosives: (A) Mitigation zones and requirements. During the use of explosive sonobuoys and research-based sub-surface explosives using any NEW of sonobuoys and 0.1-5 lb (0.05-2.3 kg) NEW for other types of sub-surface explosives used in research applications, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of any NEW of sonobuoys and 0.1-5 lb (0.05-2.3 kg) NEW for other types of sub-surface explosives used in research applications if a marine mammal is sighted within 600 yd (548.6 m) of the device or detonation sites (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a small boat or in an aircraft. ( 2 ) Conduct passive acoustic monitoring for marine mammals; use information from detections to assist visual observations. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations ( e.g., during sonobuoy deployment, which typically lasts 20-30 minutes). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during detonations. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive sonobuoys and research-based sub-surface explosives using any NEW of sonobuoys and 0.1-5 lb (0.05-2.3 kg) NEW for other types of sub-surface explosives used in research applications). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft). (xii) Explosive torpedoes. For explosive torpedoes: (A) Mitigation zones and requirements. During the use of explosive torpedoes of any NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of explosive torpedoes of any NEW if a marine mammal is sighted within 2,100 yd (1,920.2 m) of the intended impact location. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) Conduct passive acoustic monitoring for marine mammals; use information from detections to assist visual observations. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals, floating vegetation, and jellyfish aggregations immediately prior to the initial start of detonations ( e.g., during target deployment). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals and jellyfish aggregations during torpedo launches. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive torpedoes of any NEW). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (xiii) Ship shock trials. For ship shock trials: (A) Mitigation zones and requirements. During ship shock trials using any NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease ship shock trials of any NEW if a marine mammal is sighted within 3.5 nmi (6.5 km) of the target ship hull (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) On the day of the event, 10 observers (Lookouts and third-party observers combined), spread between aircraft or multiple vessels as specified in the event-specific mitigation plan. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must develop a detailed, event-specific monitoring and mitigation plan in the year prior to the event and provide it to NMFS for review. ( 2 ) Beginning at first light on days of detonation, until the moment of detonation (as allowed by safety measures) Action Proponent personnel must observe the mitigation zone for marine mammals, floating vegetation, jellyfish aggregations, large schools of fish, and flocks of seabirds. ( 3 ) If any injured or dead marine mammals are observed after an individual detonation, Action Proponent personnel must follow established incident reporting procedures and halt any remaining detonations until Action Proponent personnel consults with NMFS and review or adapt the event-specific mitigation plan, if necessary. ( 4 ) During the 2 days following the event (minimum) and up to 7 days following the event (maximum), and as specified in the event-specific mitigation plan, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing ship shock trials). The wait period for this activity is 30 minutes. (xiv) Sinking exercises. For Sinking Exercises (SINKEX): (A) Mitigation zones and requirements. During SINKEX using any NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease SINKEX of any NEW if a marine mammal is sighted within 2.5 nmi (4.6 km) of the target ship hull (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) Two Lookouts, one on a vessel and one in an aircraft. ( 2 ) Conduct passive acoustic monitoring for marine mammals; use information from detections to assist visual observations. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) During aerial observations for 90 minutes prior to the initial start of weapon firing, Action Proponent personnel must observe the mitigation zone for marine mammals, floating vegetation, and jellyfish aggregations. ( 2 ) From the vessel during weapon firing, and from the aircraft and vessel immediately after planned or unplanned breaks in weapon firing of more than 2 hours, Action Proponent personnel must observe the mitigation zone for marine mammals. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals for 2 hours after sinking the vessel or until sunset, whichever comes first. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing SINKEX). The wait period for this activity is 30 minutes. (xv) Non-explosive aerial-deployed mines and bombs. For non-explosive aerial-deployed mines and bombs: (A) Mitigation zones and requirements. During the use of non-explosive aerial-deployed mines and non-explosive bombs, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease using non-explosive aerial-deployed mines and non-explosive bombs if a marine mammal is sighted within 1,000 yd (914.4 m) of the intended target (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of mine or bomb delivery ( e.g., when arriving on station). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during mine or bomb delivery. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of non-explosive aerial-deployed mines and non-explosive bombs). The wait period for this activity is 10 minutes. (xvi) Non-explosive gunnery. For non-explosive gunnery: (A) Mitigation zones and requirements. During the use of non-explosive surface-to-surface large-caliber ordnance, non-explosive surface-to-surface and air-to-surface medium-caliber ordnance, and non-explosive surface-to-surface and air-to-surface small-caliber ordnance, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease non-explosive surface-to-surface large-caliber ordnance, non-explosive surface-to-surface and air-to-surface medium-caliber ordnance, and non-explosive surface-to-surface and air-to-surface small-caliber ordnance use if a marine mammal is sighted within 200 yd (182.9 m) of the intended impact location (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a vessel or in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the start of gun firing ( e.g., while maneuvering on station). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during gunnery firing. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of non-explosive surface-to-surface large-caliber ordnance, non-explosive surface-to-surface and air-to-surface medium-caliber ordnance, and non-explosive surface-to-surface and air-to-surface small-caliber ordnance). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (xvii) Non-explosive missiles and rockets. For non-explosive missiles and rockets: (A) Mitigation zones and requirements. During the use of non-explosive missiles and rockets (air-to-surface), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of non-explosive missile and rocket (air-to-surface) if a marine mammal is sighted within 900 yd (823 m) of the intended impact location. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the start of missile or rocket delivery ( e.g., during a fly-over of the mitigation zone). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during missile or rocket delivery. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxii) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of non-explosive missiles and rockets (air-to-surface)). The wait period for this activity is 30 minutes for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (xviii) Manned surface vessels. For manned surface vessels: (A) Mitigation zones and requirements. During the use of manned surface vessels, including surfaced submarines, the following mitigation zone requirements apply: ( 1 ) Underway manned surface vessels must maneuver themselves (which may include reducing speed) to maintain the following distances as mission and circumstances allow: ( i ) 500 yd (457.2 m) from whales. ( ii ) 200 yd (182.9 m) from other marine mammals. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One or more Lookouts on manned underway surface vessels in accordance with the most recent navigation safety instruction. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals immediately prior to manned surface vessels getting underway and while underway. ( 2 ) [Reserved] (xix) Unmanned vehicles. For unmanned vehicles: (A) Mitigation zones and requirements. During the use of unmanned surface vehicles and unmanned underwater vehicles already being escorted (and operated under positive control) by a manned surface support vessel, the following mitigation zone requirements apply: ( 1 ) A surface support vessel that is already participating in the event, and has positive control over the unmanned vehicle, must maneuver the unmanned vehicle (which may include reducing its speed) to ensure it maintains the following distances as mission and circumstances allow: ( i ) 500 yd (457.2 m) from whales. ( ii ) 200 yd (182.9 m) from other marine mammals. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a surface support vessel that is already participating in the event, and has positive control over the unmanned vehicle. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals immediately prior to unmanned vehicles getting underway and while underway. ( 2 ) [Reserved] (xx) Towed in-water devices. For towed in-water devices: (A) Mitigation zones and requirements. During the use of in-water devices towed by an aircraft, a manned surface vessel, or an unmanned surface vehicle or unmanned underwater vehicle already being escorted (and operated under positive control) by a manned surface vessel, the following mitigation zone requirements apply: ( 1 ) Manned towing platforms, or surface support vessels already participating in the event that have positive control over an unmanned vehicle that is towing an in-water device, must maneuver itself or the unmanned vehicle (which may include reducing speed) to ensure towed in-water devices maintain the following distances as mission and circumstances allow: ( i ) 250 yd (228.6 m) from marine mammals. ( ii ) [Reserved] ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on the manned towing vessel or aircraft, or on a surface support vessel that is already participating in the event and has positive control over an unmanned vehicle that is towing an in-water device. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals immediately prior to and while in-water devices are being towed. ( 2 ) [Reserved] (xxi) Net deployment. For net deployment: (A) Mitigation zones and requirements. During net deployment for testing of an Unmanned Underwater Vehicle, the following mitigation zone requirements apply: ( 1 ) If a marine mammal is sighted within 500 yd (457.2 m) of the deployment location, the support vessel will: ( i ) Delay deployment of nets until the mitigation zone has been clear for 15 minutes. ( ii ) Recover nets if they are deployed. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on the support vessel. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals for 15 minutes prior to the deployment of nets and while nets are deployed. ( 2 ) Nets must be deployed during daylight hours only. (xxii) Commencement or recommencement conditions. Action Proponents must not commence or recommence an activity after a marine mammal is observed within a relevant mitigation zone until one of the following conditions has been met: (A) Observed exiting. A Lookout observes the animal exiting the mitigation zone; (B) Concluded to have exited. A Lookout concludes that the animal has exited the mitigation zone based on its observed course, speed, and movement relative to the mitigation zone; (C) Clear from additional sightings. A Lookout affirms the mitigation zone has been clear from additional sightings for the activity-specific wait period; or (D) Platform or target transit. For mobile events, the platform or target has transited a distance equal to double the mitigation zone size beyond the location of the last sighting. (xxiii) Exceptions to activity-based mitigation for acoustic and explosive stressors and non-explosive ordnance. Activity-based mitigation for acoustic and explosive stressors and non-explosive ordnance will not apply to: (A) Not operated under positive control. Acoustic sources not operated under positive control ( e.g., moored oceanographic sources); (B) Safety of navigation. Acoustic sources used for safety of navigation ( e.g., fathometers); (C) Aircraft operating at high altitudes. Acoustic sources used or deployed by aircraft operating at high altitudes ( e.g., sonobuoys deployed from high altitude (since personnel cannot effectively observe the surface of the water)); (D) Unmanned platforms. Acoustic sources used, deployed, or towed by unmanned platforms except when escort vessels are already participating in the event and have positive control over the source; (E) Submerged submarines. Acoustic sources used by submerged submarines ( e.g., sonar (since personnel cannot conduct visual observation)); (F) De minimis sources. De minimis acoustic sources ( e.g., those >200 kilohertz); (G) Unattended sources. Unattended sources, including those used for acoustic and oceanographic research; (H) Bow- or wake-riding. Vessel-based, unmanned vehicle-based, or towed in-water acoustic sources when marine mammals ( e.g., dolphins) are determined to be intentionally swimming at the bow or alongside or directly behind the vessel, vehicle, or device ( e.g., to bow-ride or wake-ride); (I) Aircraft operating at high altitudes. Explosives deployed by aircraft operating at high altitudes ( i.e., altitudes at which marine mammals on the surface cannot be distinguished); (J) Submerged submarines. Explosives deployed by submerged submarines, except for explosive torpedoes; (K) Aerial targets. Explosives deployed against aerial targets; (L) Vessel-launched or shore-launched missile or rocket events. Explosives during vessel-launched or shore-launched missile or rocket events; (M) De minimis. Explosives used at or below the de minimis threshold (≤0.1 lb (0.05 kg) NEW); (N) Unmanned platforms. Explosives deployed by unmanned platforms except when escort vessels are already participating in the event and have positive control over the explosive; (O) Aircraft operating at high altitudes. Non-explosive ordnance deployed by aircraft operating at high altitudes ( i.e., altitudes at which marine mammals on the surface cannot be distinguished); (P) Aerial targets and land-based targets. Non-explosive ordnance deployed against aerial targets and land-based targets; (Q) Vessel-launched or shore-launched missile or rocket events. Non-explosive ordnance deployed during vessel- or shore-launched missile or rocket events; and (R) Unmanned platforms. Non-explosive ordnance deployed by unmanned platforms except when escort vessels are already participating in the event and have positive control over ordnance deployment. (xxiv) Exceptions to activity-based mitigation for physical disturbance and strike stressors. Activity-based mitigation for physical disturbance and strike stressors will not be implemented: (A) Submerged submarines. By submerged submarines; (B) Unmanned vehicles. By unmanned vehicles except when escort vessels are already participating in the event and have positive control over the unmanned vehicle movements; (C) Bow- or wake-riding. When marine mammals ( e.g., dolphins) are determined to be intentionally swimming at the bow, alongside the vessel or vehicle, or directly behind the vessel or vehicle ( e.g., to bow-ride or wake-ride); (D) Hauled out pinnipeds. When pinnipeds are hauled out on man-made navigational structures, port structures, and vessels; (E) Cable laying. By manned surface vessels and towed in-water devices actively participating in cable laying during Modernization & Sustainment of Ranges activities; and (F) Mission requirements. When impractical based on mission requirements ( e.g., during certain aspects of amphibious exercises). (2) Geographic mitigation areas. The Action Proponents must implement the geographic mitigation requirements described in paragraphs (a)(2)(i) through (xi) of this section. (i) Hawaii Island marine mammal mitigation area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation areas. Within the Hawaii Island marine mammal mitigation area, the following requirements apply (year-round): (A) Surface ship hull-mounted mid-frequency active sonar. The Action Proponents must not use more than 300 combined hours of MF1 (regular duty cycle) and MF1C (continuous duty cycle) surface ship hull-mounted mid-frequency active sonar or 20 hours of helicopter dipping sonar (a mid-frequency active sonar source) annually within the mitigation area. (B) In-water explosives. The Action Proponents must not detonate in-water explosives (including underwater explosives and explosives deployed against surface targets) within the mitigation area. (ii) Hawaii 4-Islands marine mammal mitigation area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation areas. Within the Hawaii 4-Islands marine mammal mitigation area, the following requirements apply: (A) Surface ship hull-mounted mid-frequency active sonar. From November 15-April 15, the Action Proponents must not use MF1 or MF1C surface ship hull-mounted mid-frequency active sonar within the mitigation area. (B) In-water explosives. The Action Proponents must not detonate in-water explosives (including underwater explosives and explosives deployed against surface targets) within the mitigation area (year-round). (iii) Hawaii humpback whale special reporting mitigation area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation areas. Within the Hawaii humpback whale special reporting mitigation area, the following requirements apply: (A) Surface ship hull-mounted mid-frequency active sonar. The Action Proponents must report the total hours of MF1 and MF1C surface ship hull-mounted mid-frequency active sonar used from November through May in the mitigation area in their training and testing activity reports submitted to NMFS. (B) [Reserved] (iv) Hawaii humpback whale awareness notification mitigation area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation areas. Within the Hawaii humpback whale awareness notification mitigation area, the following requirements apply: (A) Hawaii humpback whale awareness notification mitigation area notifications. The Action Proponents must broadcast awareness messages to alert applicable assets (and their Lookouts) transiting and training or testing in the Hawaii Range Complex to the possible presence of concentrations of humpback whales from November through May. (B) Visual observations. Lookouts must use that knowledge to help inform their visual observations during military readiness activities that involve vessel movements, active sonar, in-water explosives (including underwater explosives and explosives deployed against surface targets), or the deployment of non-explosive ordnance against surface targets in the mitigation area. (v) Northern California large whale mitigation area. Figure 2 to this paragraph (a)(2) shows the location of the mitigation areas. Within the Northern California large whale mitigation area, the following requirements apply: (A) Surface ship hull-mounted mid-frequency active sonar. From June 1-October 31, the Action Proponents must not use more than 300 combined hours of MF1 and MF1C surface ship hull-mounted mid-frequency active sonar (excluding normal maintenance and systems checks) total during training and testing within the combination of this mitigation area, the Central California large whale mitigation area, and the Southern California blue whale mitigation area. (B) [Reserved] (vi) Central California large whale mitigation area. Figure 2 to this paragraph (a)(2) shows the location of the mitigation areas. Within the Central California large whale mitigation area, the following requirements apply: (A) Surface ship hull-mounted mid-frequency active sonar. From June 1-October 31, the Action Proponents must not use more than 300 combined hours of MF1 and MF1C surface ship hull-mounted mid-frequency active sonar (excluding normal maintenance and systems checks) total during training and testing within the combination of this mitigation area, the Northern California large whale mitigation area, and the Southern California blue whale mitigation area. (B) [Reserved] (vii) Southern California blue whale mitigation area. Figure 2 to this paragraph (a)(2) shows the location of the mitigation areas. Within the Southern California blue whale mitigation area, the following requirements apply: (A) Surface ship hull-mounted mid-frequency active sonar. From June 1-October 31, the Action Proponents must not use more than 300 combined hours of MF1 and MF1C surface ship hull-mounted mid-frequency active sonar (excluding normal maintenance and systems checks) total during training and testing within the combination of this mitigation area, the Northern California large whale mitigation area, and the Central California large whale mitigation area. (B) In-water explosives. From June 1-October 31, the Action Proponents must not detonate in-water explosives (including underwater explosives and explosives deployed against surface targets) during large-caliber gunnery, torpedo, bombing, and missile (including 2.75-inch (7 centimeter) rockets) training and testing. (viii) California large whale awareness messages. Figure 2 to this paragraph (a)(2) shows the location of the mitigation areas. For California large whale awareness messages, the following requirements apply: (A) California large whale awareness messages. The Action Proponents must broadcast awareness messages to alert applicable assets (and their Lookouts) transiting and training or testing off the U.S. West Coast to the possible presence of concentrations of large whales, including gray whales (November-June), fin whales (November-May), and mixed concentrations of blue, humpback, and fin whales that may occur based on predicted oceanographic conditions for a given year ( e.g., May-November, April-November). (B) [Reserved] (ix) California large whale real-time notification mitigation area. Figure 2 to this paragraph (a)(2) shows the location of the mitigation areas. Within the California large whale real-time notification mitigation area, the following requirements apply: (A) California large whale real-time notification mitigation area notifications. For each instance an aggregation of large whales (three or more whales within 1 nmi (1.9 km)) is sighted in the area between 32-33 degrees North and 117.2-119.5 degrees West, Action Proponent surface vessels must report the sightings to other Action Proponent vessels in the vicinity. Reported sightings will be made as soon as operationally and safely feasible. (B) [Reserved] (x) San Nicolas Island pinniped haulout mitigation area. Figure 2 to this paragraph (a)(2) shows the location of the mitigation areas. Within the San Nicolas Island pinniped haulout mitigation area, the following requirements apply: (A) Haulouts. Navy personnel must not enter pinniped haulout or rookery areas. Personnel may be adjacent to pinniped haulouts and rookery prior to and following a launch for monitoring purposes. (B) Missile and target use. Missiles and targets must not cross over pinniped haulout areas at altitudes less than 305 m (1,000 ft), except in emergencies or for real-time security incidents. For unmanned aircraft systems (UAS), the following minimum altitudes will be maintained over pinniped haulout areas and rookeries: Class 0-2 UAS will maintain a minimum altitude of 300 ft (92 m); Class 3 UAS will maintain a minimum altitude of 500 ft (153 m); Class 4 or 5 UAS will not be flown below 1,000 ft (305 m). (C) Number of events. The Navy may not conduct more than 40 launch events annually and 10 launch events at night annually. (D) Scheduling. Launch events must be scheduled to avoid the peak pinniped pupping seasons (from January through July) to the maximum extent practicable. (E) Monitoring plan. The Navy must implement a monitoring plan using video and acoustic monitoring of up to three pinniped haulout areas and rookeries during launch events that include missiles or targets that have not been previously monitored for at least three launch events. (F) Review of launch procedure. 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 will be made through modification to the LOA prior to conducting the next launch of the same vehicle. (xi) National security requirement. Should national security require the Action Proponents to exceed a requirement(s) in paragraphs (a)(2)(i) through (x) of this section, Action Proponent personnel must provide NMFS with advance notification and include the information ( e.g., sonar hours, explosives usage) in its annual activity reports submitted to NMFS. (3) Cetacean live stranding. In the event of a cetacean live stranding (or near-shore atypical milling) event within the HCTT Study Area or within 50 km (27 nmi) of the boundary of the HCTT Study Area, where the NMFS Marine Mammal Stranding Network is engaged in herding or other interventions to return animals to the water, NMFS Office of Protected Resources will advise the Action Proponents of the need to implement shutdown procedures for all active acoustic sources or explosive devices within 50 km of the stranding. Following this initial shutdown, NMFS will communicate with the Action Proponents to determine whether circumstances support modification of the shutdown zone. The Action Proponents may decline to implement all or part of the shutdown if the holder of the LOA, or his/her designee, determines that it is necessary for national security. Shutdown procedures for live stranding or milling cetaceans include the following: (i) Shutdown no longer needed. If at any time, the marine mammal(s) die or are euthanized, or if herding/intervention efforts are stopped, NMFS will immediately advise that the shutdown around the animals' location is no longer needed; (ii) Shutdown procedures remain in effect. Otherwise, shutdown procedures will remain in effect until NMFS determines and advises that all live animals involved have left the area (either of their own volition or following an intervention); and (iii) Further observations. If further observations of the marine mammals indicate the potential for re-stranding, additional coordination will be required to determine what measures are necessary to minimize that likelihood ( e.g., extending the shutdown or moving operations farther away) and to implement those measures as appropriate. (b) [Reserved]" 50:50:10.0.1.3.4.5.1.6,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,H,Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area,,§ 218.75 Requirements for monitoring and reporting.,NOAA,,,,"The Action Proponents must implement the following monitoring and reporting requirements when conducting the specified activities: (a) Notification of take. If the Action Proponent reasonably believes that the specified activity identified in § 218.70 resulted in the mortality or serious injury of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart, then the Action Proponent shall notify NMFS immediately or as soon as operational security considerations allow. (b) Monitoring and reporting under the LOAs. The Action Proponents must conduct all monitoring and reporting required under the LOAs. (c) Notification of injured, live stranded, or dead marine mammals. Action Proponent personnel must abide by the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. (d) Annual HCTT Study Area marine species monitoring report. The Navy, on behalf of the Action Proponents, must submit an annual HCTT Study Area marine species monitoring report describing the implementation and results from the previous calendar year. Data collection methods will be standardized across range complexes and the HCTT Study Area to allow for comparison in different geographic locations. The draft report must be submitted to the Director, Office of Protected Resources, NMFS, annually. NMFS will submit comments or questions on the report, if any, within 3 months of receipt. The report will be considered final after the Action Proponents have addressed NMFS' comments, or 3 months after submittal of the draft if NMFS does not provide comments on the draft report. The report must describe progress of knowledge made with respect to intermediate scientific objectives within the HCTT Study Area associated with the Integrated Comprehensive Monitoring Program. Similar study questions must be treated together so that progress on each topic can be summarized across all Navy ranges. The report need not include analyses and content that do not provide direct assessment of cumulative progress on the monitoring plan study questions. (e) Quick look reports. In the event that the sound levels analyzed in the preambles of the Marine Mammal Protection Act (MMPA) proposed rule (90 FR 32118, July 16, 2025) and final rule (90 FR 58810, December 17, 2025) were exceeded within a given reporting year, the Action Proponents must submit a preliminary report(s) detailing the exceedance within 21 days after the anniversary date of issuance of the LOAs. (f) Annual HCTT training and testing reports. Regardless of whether analyzed sound levels were exceeded, the Navy must submit a detailed report (HCTT Annual Training Exercise Report and Testing Activity Report) and the Coast Guard and Army must each submit a detailed report (HCTT Annual Training Exercise Report) to the Director, Office of Protected Resources, NMFS, annually. NMFS will submit comments or questions on the reports, if any, within 1 month of receipt. The reports will be considered final after the Action Proponents have addressed NMFS' comments, or 1 month after submittal of the drafts if NMFS does not provide comments on the draft reports. The annual reports must contain a summary of all sound sources used (total hours or quantity (per the LOAs) of each bin of sonar or other non-impulsive source; total annual number of each type of explosive exercises; and total annual expended/detonated rounds (missiles, bombs, sonobuoys, etc. ) for each explosive bin). The annual reports must also contain cumulative sonar and explosive use quantity from previous years' reports through the current year. Additionally, if there were any changes to the sound source amount analyzed in the reporting year, or cumulatively, the reports would include a discussion of why the change was made and include analysis to support how the change did or did not affect the analysis in the 2025 HCTT Environmental Impact Statement/Overseas Environmental Impact Statement ( https://www.nepa.navy.mil/hctteis/ ) and the analysis in the MMPA final rule (90 FR 58810, December 17, 2025). The annual reports must also include the details regarding specific requirements associated with the mitigation areas listed in paragraph (f)(4) of this section. The analysis in the detailed report must be based on the accumulation of data from the current year's report and data collected from previous annual reports. The detailed reports shall also contain special reporting for the Hawaii humpback whale special reporting mitigation area, as described in the LOAs. The final annual/close-out reports at the conclusion of the authorization period (year 7) will also serve as the comprehensive close-out reports and provide the annual totals for each sound source bin with a comparison to the annual amount analyzed and the 7-year total for each sound source bin with a comparison to the 7-year amount analyzed. The HCTT Annual Training and Testing Reports must include the specific information described in the LOAs. (1) Major training exercises (MTEs). This section of the report must contain the following information for MTEs completed that year in the HCTT Study Area. (i) Exercise information (for each MTE). For exercise information (for each MTE): (A) Exercise designator. (B) Date that exercise began and ended. (C) Location. (D) Number and types of active sonar sources used in the exercise. (E) Number and types of passive acoustic sources used in exercise. (F) Number and types of vessels, aircraft, and other platforms participating in each exercise. (G) Total hours of all active sonar source operation. (H) Total hours of each active sonar source bin. (I) Wave height (high, low, and average) during exercise. (ii) Individual marine mammal sighting information for each sighting in each exercise where mitigation was implemented. For individual marine mammal sighting information for each sighting in each exercise where mitigation was implemented: (A) Date, time, and location of sighting. (B) Species (if not possible, indication of whale/dolphin/pinniped). (C) Number of individuals. (D) Initial Detection Sensor ( e.g., passive sonar, Lookout). (E) Indication of specific type of platform observation was made from (including, for example, what type of surface vessel or testing platform). (F) Length of time observers maintained visual contact with marine mammal. (G) Sea state. (H) Visibility. (I) Sound source in use at the time of sighting. (J) Indication of whether animal was less than 200 yd (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 m to 914.4 m), 1,000 to 2,000 yd (914.4 m to 1,828.8 m), or greater than 2,000 yd (1,828.8 m) from sonar source. (K) Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and the length of the delay. (L) If source in use was hull-mounted, true bearing of animal from the vessel, true direction of vessel's travel, and estimation of animal's motion relative to vessel (opening, closing, parallel). (M) Lookouts must report, in plain language and without trying to categorize in any way, the observed behavior of the animal(s) (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. ) and if any calves were present. (iii) An evaluation (based on data gathered during all of the MTEs) of the effectiveness of mitigation measures designed to minimize the received level to which marine mammals may be exposed. For an evaluation (based on data gathered during all of the MTEs) of the effectiveness of mitigation measures designed to minimize the received level to which marine mammals may be exposed: (A) This evaluation must identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation. (B) [Reserved] (2) Sinking exercises (SINKEX). This section of the report must include the following information for each SINKEX completed that year in the HCTT Study Area: (i) Exercise information. For exercise information: (A) Location. (B) Date and time exercise began and ended. (C) Total hours of observation by Lookouts before, during, and after exercise. (D) Total number and types of explosive source bins detonated. (E) Number and types of passive acoustic sources used in exercise. (F) Total hours of passive acoustic search time. (G) Number and types of vessels, aircraft, and other platforms participating in exercise. (H) Wave height in feet (high, low, and average) during exercise. (I) Narrative description of sensors and platforms utilized for marine mammal detection and timeline illustrating how marine mammal detection was conducted. (ii) Individual marine mammal observation (by Action Proponent Lookouts) information for each sighting where mitigation was implemented. For individual marine mammal observation (by Action Proponent Lookouts) information for each sighting where mitigation was implemented: (A) Date/time/location of sighting. (B) Species (if not possible, indicate whale, dolphin, or pinniped). (C) Number of individuals. (D) Initial detection sensor ( e.g., sonar or Lookout). (E) Length of time observers maintained visual contact with marine mammal. (F) Sea state. (G) Visibility. (H) Whether sighting was before, during, or after detonations/exercise, and how many minutes before or after. (I) Distance of marine mammal from actual detonations (or target spot if not yet detonated): Less than 200 yd (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 to 914.4 m), 1,000 to 2,000 yd (914.4 to 1,828.8 m), or greater than 2,000 yd (1,828.8 m). (J) Lookouts must report the observed behavior of the animal(s) in plain language and without trying to categorize in any way (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. ), including speed and direction and if any calves were present. (K) The report must indicate whether explosive detonations were delayed, ceased, modified, or not modified due to marine mammal presence and for how long. (L) If observation occurred while explosives were detonating in the water, indicate munition type in use at time of marine mammal detection. (3) Summary of sources used. This section of the report must include the following information summarized from the analyzed sound sources used in all training and testing events: (i) Totals for sonar or other acoustic source bins. Total annual hours or quantity (per the LOA) of each bin of sonar or other acoustic sources ( e.g., pile driving and air gun activities); and (ii) Total for explosive bins. Total annual expended/detonated ordnance (missiles, bombs, sonobuoys, etc. ) for each explosive bin. (4) San Nicolas Island. The report must summarize activities and observations of the San Nicolas Island target and missile launch activities for the monitoring period. (5) Special reporting for geographic mitigation areas. This section of the report must contain the following information for activities conducted in geographic mitigation areas in the HCTT Study Area: (i) Hawaii humpback whale special reporting mitigation area. The Action Proponents must report the total hours of MF1 and MF1C surface ship hull-mounted mid-frequency active sonar used from November through May in the mitigation area. (ii) California large whale real-time notification mitigation area. The Navy must report the date, time and general location of the whales when an aggregation is first sighted and the total number of whales in the aggregation. If the whales are identified by species, the Navy must report that information as well. (iii) National security requirement. If an Action Proponent(s) invokes the national security requirement described in § 218.74(a)(2)(xi), the Action Proponent personnel must include information about the event in its Annual HCTT Training and Testing Report. (6) Foreign military sonar and explosives. Navy personnel must confirm that foreign military use of sonar and explosives, when such militaries are participating in a U.S. Navy-led exercise or event, combined with the Action Proponents' use of sonar and explosives, would not cause exceedance of the analyzed levels within each NAEMO modeled sonar and explosive bin used for estimating predicted impacts. (g) MTE sonar exercise notification. The Action Proponents must submit to NMFS (contact as specified in the LOAs) an electronic report within 15 calendar days after the completion of any MTE indicating: (1) Location. Location of the exercise; (2) Dates. Beginning and end dates of the exercise; and (3) Type. Type of exercise." 50:50:10.0.1.3.4.5.1.7,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,H,Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area,,§ 218.76 Letters of Authorization.,NOAA,,,,"(a) To incidentally take marine mammals pursuant to this subpart, the Action Proponents must apply for and obtain LOAs. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) In the event of projected changes to the activity or to mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision of § 218.77(c)(1)) required by an LOA, the Action Proponent must apply for and obtain a modification of the LOA as described in § 218.77. (d) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species and stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (e) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations of this subpart. (f) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination." 50:50:10.0.1.3.4.5.1.8,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,H,Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area,,§ 218.77 Modifications of Letters of Authorization.,NOAA,,,,"(a) An LOA issued under §§ 216.106 of this chapter and 218.76 for the activity identified in § 218.70(c) shall be modified, upon request by the Action Proponents, provided that: (1) The specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs under this subpart were implemented. (b) For LOA modification requests by the applicants that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section), the LOA should be modified provided that: (1) NMFS determines that the change(s) to the activity or the mitigation, monitoring, or reporting do not change the findings made for this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or stock or years); and (2) NMFS may publish a notice of proposed modified LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.76 for the activities identified in § 218.70(c) may be modified by NMFS Office of Protected Resources under the following circumstances: (1) After consulting with the Action Proponents regarding the practicability of the modifications, through adaptive management, NMFS may modify (including remove, revise, or add to) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring measures set forth in this subpart. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include, but are not limited to: (A) Results from the Action Proponents' monitoring report and annual exercise reports from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS shall publish a notice of proposed LOA(s) in the Federal Register and solicit public comment. (2) If the NMFS Office of Protected Resources determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.76, a LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register within 30 days of the action." 50:50:10.0.1.3.4.5.1.9,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,H,Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area,,§§ 218.78-218.79 [Reserved],NOAA,,,, 50:50:10.0.1.3.4.6.1.1,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,I,Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area,,§ 218.80 Specified activity and geographical region.,NOAA,,,,"(a) Regulations in this subpart apply only to the U.S. Navy (Navy) and U.S. Coast Guard (Coast Guard) (collectively referred to as the “Action Proponents”) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. Requirements imposed on the Action Proponents must be implemented by those persons they authorize or fund to conduct activities on their behalf. (b) The taking of marine mammals by the Action Proponents under this subpart may be authorized in letters of authorization (LOAs) only if it occurs within the Atlantic Fleet Training and Testing (AFTT) Study Area. The AFTT Study Area includes areas of the western Atlantic Ocean along the east coast of North America, the Gulf of America, and portions of the Caribbean Sea, covering approximately 2.6 million nmi 2 (8.9 million km 2 ) of ocean, oriented from the mean high tide line along the U.S. coast and extending east to 45° W longitude line, north to 65° N latitude line, and south to approximately the 20° N latitude line. It also includes Navy and Coast Guard pierside locations, port transit channels, bays, harbors, inshore waterways ( e.g., channels, rivers), civilian ports where military readiness activities occur, and vessel and aircraft transit routes among homeports, designated operating areas (OPAREAs), and testing and training ranges. (c) The taking of marine mammals by the Action Proponents is only authorized if it occurs incidental to the Action Proponents conducting military readiness activities, including those in the following categories: (1) Amphibious warfare; (2) Anti-submarine warfare; (3) Expeditionary warfare; (4) Mine warfare; (5) Surface warfare; (6) Vessel evaluation; (7) Unmanned systems; (8) Acoustic and oceanographic science and technology; (9) Vessel movement; and (10) Other training and testing activities." 50:50:10.0.1.3.4.6.1.2,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,I,Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area,,§ 218.81 Effective dates.,NOAA,,,,"Regulations in this subpart are effective from November 14, 2025, through November 13, 2032." 50:50:10.0.1.3.4.6.1.3,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,I,Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area,,§ 218.82 Permissible methods of taking.,NOAA,,,,"(a) Under LOAs issued pursuant to § 216.106 of this chapter and this subpart, the Action Proponents may incidentally, but not intentionally, take marine mammals within the area described in § 218.80(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs. (b) The incidental take of marine mammals by the activities listed in § 218.80(c) is limited to the following species: Table 1 to Paragraph (b)" 50:50:10.0.1.3.4.6.1.4,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,I,Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area,,§ 218.83 Prohibitions.,NOAA,,,,"Except incidental take described in § 218.82 and authorized by a LOA issued under this subpart, it shall be unlawful for any person to do the following in connection with the activities described in this subpart: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under § 216.106 of this chapter and this subpart; (b) Take any marine mammal not specified in § 218.82(b); (c) Take any marine mammal specified in § 218.82(b) in any manner other than as specified in the LOAs; or (d) Take a marine mammal specified in § 218.82(b) after NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal." 50:50:10.0.1.3.4.6.1.5,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,I,Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area,,§ 218.84 Mitigation requirements.,NOAA,,,,"(a) When conducting the activities identified in § 218.80(c), the mitigation measures contained in this section and any LOA issued under this subpart must be implemented by Action Proponent personnel or contractors who are trained according to the requirements in the LOA. If Action Proponent contractors are serving on behalf of Action Proponent personnel, Action Proponent contractors must follow the mitigation applicable to Action Proponent personnel. These mitigation measures include, but are not limited to: (1) Activity-based mitigation. Activity-based mitigation is mitigation that the Action Proponents must implement whenever and wherever an applicable military readiness activity takes place within the AFTT Study Area. The Action Proponents must implement the mitigation described in paragraphs (a)(1)(i) through (xxii) of this section, except as provided in paragraph (a)(1)(xxiii) of this section. (i) Active acoustic sources with power down and shut down capabilities. For active acoustic sources with power down and shutdown capabilities (low-frequency active sonar ≥200 decibels (dB), mid-frequency active sonar sources that are hull mounted on a surface ship (including surfaced submarines), and broadband and other active acoustic sources >200 dB): (A) Mitigation zones and requirements. During use of active acoustic sources with power down and shutdown capabilities, the following mitigation zone requirements apply: ( 1 ) Within 1,000 yards (yd; 914.4 meters (m)) from a marine mammal, Action Proponent personnel must power down active acoustic sources by 6 dB total. ( 2 ) Within 500 yd (457.2 m) from a marine mammal, Action Proponent personnel must power down active acoustic sources by an additional 4 dB (10 dB total). ( 3 ) Within 200 yd (182.9 m) from a marine mammal, Action Proponent personnel must shut down active acoustic sources. (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in or on one of the following: aircraft; pierside, moored, or anchored vessel; underway vessel with space/crew restrictions (including small boats); or underway vessel already participating in the event that is escorting (and has positive control over sources used, deployed, or towed by) an unmanned platform. ( 2 ) Two Lookouts on an underway vessel without space or crew restrictions. ( 3 ) Lookouts must use information from passive acoustic detections to inform visual observations when passive acoustic devices are already being used in the event. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of use of active acoustic sources ( e.g., while maneuvering on station). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during use of active acoustic sources. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing or powering up active sonar transmission). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (ii) Active acoustic sources with shut down capabilities only (no power down capability). For active acoustic sources with shut down capabilities only (no power down capability) (low-frequency active sonar <200 dB, mid-frequency active sonar sources that are not hull mounted on a surface ship ( e.g., dipping sonar, towed arrays), high-frequency active sonar, air guns, and broadband and other active acoustic sources <200 dB): (A) Mitigation zones and requirements. During use of active acoustic sources with shut down capabilities only, the following mitigation zone requirements apply: ( 1 ) At 200 yd (182.9 m) from a marine mammal, Action Proponent personnel must shut down active acoustic sources. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in or on one of the following: aircraft; pierside, moored, or anchored vessel; underway vessel with space/crew restrictions (including small boats); or underway vessel already participating in the event that is escorting (and has positive control over sources used, deployed, or towed by) an unmanned platform. ( 2 ) Two Lookouts on an underway vessel without space or crew restrictions. ( 3 ) Lookouts must use information from passive acoustic detections to inform visual observations when passive acoustic devices are already being used in the event. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of use of active acoustic sources ( e.g., while maneuvering on station). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during use of active acoustic sources. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing or powering up active sonar transmission). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (iii) Pile driving and extraction. For pile driving and extraction: (A) Mitigation zones and requirements. During vibratory and impact pile driving and extraction, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease pile driving or extraction if a marine mammal is sighted within 100 yd (91.4 m) of a pile being driven or extracted. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in or on one of the following: shore, pier, or small boat. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation for 15 minutes prior to the initial start of pile driving or pile extraction. ( 2 ) Action Proponent personnel must use soft start standard operating procedures when impact pile driving. Soft start requires the Action Proponent to conduct three sets of strikes (three strikes per set) at reduced hammer energy with a 30-second waiting period between each set. A soft start must be implemented at the start of each day's impact pile driving and at any time following cessation of impact pile driving for a period of 30 minutes or longer. ( 3 ) Action Proponent personnel must observe the mitigation zone for marine mammals during pile driving or extraction. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing vibratory or impact pile driving or extraction). The wait period for this activity is 15 minutes. (iv) Weapons firing noise. For weapons firing noise: (A) Mitigation zones and requirements. During explosive and non-explosive large-caliber (57 millimeter (mm) and larger) gunnery firing noise (surface-to-surface and surface-to-air), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease weapons firing if a marine mammal is sighted within 30 degrees on either side of the firing line out to 70 yd (64 m) from the gun muzzle (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a vessel. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of large-caliber gun firing ( e.g., during target deployment). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during large-caliber gun firing. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing explosive and non-explosive large-caliber gunnery firing noise (surface-to-surface and surface-to-air)). The wait period for this activity is 30 minutes. (v) Explosive bombs. For explosive bombs: (A) Mitigation zones and requirements. During the use of explosive bombs of any net explosive weight (NEW), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of explosive bombs if a marine mammal is sighted within 2,500 yd (2,286 m) from the intended target. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of bomb delivery ( e.g., when arriving on station). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during bomb delivery. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures (the Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities ). (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive bombs of any NEW). The wait period for this activity is 10 minutes. (vi) Explosive gunnery. For explosive gunnery: (A) Mitigation zones and requirements. During the use of air-to-surface medium-caliber ordnance (larger than 50 caliber and less than 57 mm), surface-to-surface medium-caliber ordnance, and surface-to-surface large-caliber ordnance, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of air-to-surface medium-caliber ordnance if a marine mammal is sighted within 200 yd (182.9 m) of the intended impact location. ( 2 ) Action Proponent personnel must cease use of surface-to-surface medium-caliber ordnance if a marine mammal is sighted within 600 yd (548.6 m) of the intended impact location. ( 3 ) Action Proponent personnel must cease use of surface-to-surface large-caliber ordnance if a marine mammal is sighted within 1,000 yd (914.4 m) of the intended impact location. (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a vessel or in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of gun firing ( e.g., while maneuvering on station). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during gunnery fire. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing air-to-surface medium-caliber, surface-to-surface medium-caliber, surface-to-surface large-caliber explosive gunnery). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (vii) Explosive line charges. For explosive line charges: (A) Mitigation zones and requirements. During the use of explosive line charges of any NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of explosive line charges if a marine mammal is sighted within 900 yd (823 m) of the detonation site. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a vessel. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations ( e.g., while maneuvering on station). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during detonations. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive line charges of any NEW). The wait period for this activity is 30 minutes. (viii) Explosive mine countermeasure and neutralization (no divers). For explosive mine countermeasure and neutralization (no divers): (A) Mitigation zones and requirements. During explosive mine countermeasure and neutralization using 0.1-5 pound (lb) (0.05-2.3 kilogram (kg)) NEW and >5 lb (2.3 kg) NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of 0.1-5 lb (0.05-2.3 kg) NEW if a marine mammal is sighted within 600 yd (548.6 m) from the detonation site. ( 2 ) Action Proponent personnel must cease use of >5 lb (2.3 kg) NEW if a marine mammal is sighted within 2,100 yd (1,920.2 m) from the detonation site. (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a vessel or in an aircraft during 0.1-5 lb (0.05-2.3 kg) NEW use. ( 2 ) Two Lookouts, one on a small boat and one in an aircraft during >5 lb (2.3 kg) NEW use. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations ( e.g., while maneuvering on station; typically, 10 or 30 minutes depending on fuel constraints). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during detonations or fuse initiation. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for 10 or 30 minutes (depending on fuel constraints) for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing explosive mine countermeasure and neutralization using 0.1-5 lb (0.05-2.3 kg) NEW and >5 lb (2.3 kg) NEW). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (ix) Explosive mine neutralization (with divers). For explosive mine neutralization (with divers): (A) Mitigation zones and requirements. During explosive mine neutralization (with divers) using 0.1-20 lb (0.05-9.1 kg) NEW (positive control), 0.1-20 lb (0.05-9.1 kg) NEW (time-delay), and >20-60 lb (9.1-27.2 kg) NEW (positive control), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of 0.1-20 lb (0.05-9.1 kg) NEW (positive control) if a marine mammal is sighted within 500 yd (457.2 m) of the detonation site (cease fire). ( 2 ) Action Proponent personnel must cease use of 0.1-20 lb (0.05-9.1 kg) NEW (time-delay) and >20-60 lb (9.1-27.2 kg) NEW (positive control) if a marine mammal is sighted within 1,000 yd (914.4 m) of the detonation site (cease fire). (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) Two Lookouts in two small boats (one Lookout per boat) or one small boat and one rotary-wing aircraft (with one Lookout each) during use of 0.1-20 lb (0.05-9.1 kg) NEW (positive control). ( 2 ) Four Lookouts in two small boats (two Lookouts per boat) and one additional Lookout in an aircraft if used in the event during use of 0.1-20 lb (0.05-9.1 kg) NEW (time-delay) and >20-60 lb (9.1-27.2 kg) NEW (positive control). (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Time-delay devices must be set not to exceed 10 minutes. ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations or fuse initiation for positive control events ( e.g., while maneuvering on station) or for 30 minutes prior for time-delay events. ( 3 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals, during detonations or fuse initiation. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 4 ) When practical based on mission, safety, and environmental conditions: ( i ) Boats must observe from the mitigation zone radius mid-point. ( ii ) When two boats are used, boats must observe from opposite sides of the mine location. ( iii ) Platforms must travel a circular pattern around the mine location. ( iv ) Boats must have one Lookout observe inward toward the mine location and one Lookout observe outward toward the mitigation zone perimeter. ( v ) Divers must be part of the Lookout Team. ( 5 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for 30 minutes for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing explosive mine neutralization (with divers) using 0.1-20 lb (0.05-9.1 kg) NEW (positive control), 0.1-20 lb (0.05-9.1 kg) NEW (time-delay), and >20-60 lb (9.1-27.2 kg) NEW (positive control)). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (x) Explosive missiles and rockets. For explosive missiles and rockets: (A) Mitigation zones and requirements. During the use of explosive missiles and rockets using 0.6-20 lb (0.3-9.1 kg) NEW (air-to-surface) and >20-500 lb (9.1-226.8 kg) NEW (air-to-surface), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of 0.6-20 lb (0.3-9.1 kg) NEW (air-to-surface) if a marine mammal is sighted within 900 yd (823 m) of the intended impact location (cease fire). ( 2 ) Action Proponent personnel must cease use of >20-500 lb (9.1-226.8 kg) NEW (air-to-surface) if a marine mammal is sighted within 2,000 yd (1,828.8 m) of the intended impact location (cease fire). (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of missile or rocket delivery ( e.g., during a fly-over of the mitigation zone). ( 2 ) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during missile or rocket delivery. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive missiles and rockets using 0.6-20 lb (0.3-9.1 kg) NEW (air-to-surface) and >20-500 lb (9.1-226.8 kg) NEW (air-to-surface)). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (xi) Explosive sonobuoys and research-based sub-surface explosives. For explosive sonobuoys and research-based sub-surface explosives: (A) Mitigation zones and requirements. During the use of any NEW of explosive sonobuoys and 0.1-5 lb (0.05-2.3 kg) NEW for other types of sub-surface explosives used in research applications, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of any NEW of sonobuoys and 0.1-5 lb (0.05-2.3 kg) NEW for other types of sub-surface explosives used in research applications if a marine mammal is sighted within 600 yd (548.6 m) of the device or detonation sites (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a small boat or in an aircraft. ( 2 ) Conduct passive acoustic monitoring for marine mammals; use information from detections to assist visual observations. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations ( e.g., during sonobuoy deployment, which typically lasts 20-30 minutes). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during detonations. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of any NEW of sonobuoys and 0.1-5 lb (0.05-2.3 kg) NEW for other types of sub-surface explosives used in research applications). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (xii) Explosive torpedoes. For explosive torpedoes: (A) Mitigation zones and requirements. During the use of explosive torpedoes of any NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of explosive torpedoes of any NEW if a marine mammal is sighted within 2,100 yd (1,920.2 m) of the intended impact location. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) Conduct passive acoustic monitoring for marine mammals; use information from detections to assist visual observations. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals, floating vegetation, and jellyfish aggregations immediately prior to the initial start of detonations ( e.g., during target deployment). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals and jellyfish aggregations during torpedo launches. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive torpedoes of any NEW). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (xiii) Ship shock trials. For ship shock trials: (A) Mitigation zones and requirements. During ship shock trials using any NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease ship shock trials of any NEW if a marine mammal is sighted within 3.5 nmi (6.5 km) of the target ship hull (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) On the day of the event, 10 observers (Lookouts and third-party observers combined), spread between aircraft or multiple vessels as specified in the event-specific mitigation plan. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must develop a detailed, event-specific monitoring and mitigation plan in the year prior to the event and provide it to NMFS for review. ( 2 ) Beginning at first light on days of detonation until the moment of detonation (as allowed by safety measures), Action Proponent personnel must observe the mitigation zone for marine mammals, floating vegetation, jellyfish aggregations, large schools of fish, and flocks of seabirds. ( 3 ) If any injured or dead marine mammals are observed after an individual detonation, Action Proponent personnel must follow established incident reporting procedures and halt any remaining detonations until Action Proponent personnel consults with NMFS and review or adapt the event-specific mitigation plan, if necessary. ( 4 ) During the 2 days following the event (minimum) and up to 7 days following the event (maximum), and as specified in the event-specific mitigation plan, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing ship shock trials). The wait period for this activity is 30 minutes. (xiv) Sinking exercises. For Sinking Exercises (SINKEX): (A) Mitigation zones and requirements. During SINKEX using any NEW, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease SINKEX of any NEW if a marine mammal is sighted within 2.5 nmi (4.6 km) of the target ship hull (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) Two Lookouts, one on a vessel and one in an aircraft. ( 2 ) Conduct passive acoustic monitoring for marine mammals; use information from detections to assist visual observations. (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) During aerial observations for 90 minutes prior to the initial start of weapon firing, Action Proponent personnel must observe the mitigation zone for marine mammals, floating vegetation, and jellyfish aggregations. ( 2 ) From the vessel during weapon firing, and from the aircraft and vessel immediately after planned or unplanned breaks in weapon firing of more than 2 hours, Action Proponent personnel must observe the mitigation zone for marine mammals. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately. ( 3 ) Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals for 2 hours after sinking the vessel or until sunset, whichever comes first. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing SINKEX). The wait period for this activity is 30 minutes. (xv) Non-explosive aerial-deployed mines and bombs. For non-explosive aerial-deployed mines and bombs: (A) Mitigation zones and requirements. During the use of non-explosive aerial-deployed mines and non-explosive bombs, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of non-explosive aerial-deployed mines and non-explosive bombs if a marine mammal is sighted within 1,000 yd (914.4 m) of the intended target (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of mine or bomb delivery ( e.g., when arriving on station). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during mine or bomb delivery. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of non-explosive aerial-deployed mines and non-explosive bombs). The wait period for this activity is 10 minutes. (xvi) Non-explosive gunnery. For non-explosive gunnery: (A) Mitigation zones and requirements. During the use of non-explosive surface-to-surface large-caliber ordnance, non-explosive surface-to-surface and air-to-surface medium-caliber ordnance, and non-explosive surface-to-surface and air-to-surface small-caliber ordnance, the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease non-explosive surface-to-surface large-caliber ordnance, non-explosive surface-to-surface and air-to-surface medium-caliber ordnance, and non-explosive surface-to-surface and air-to-surface small-caliber ordnance use if a marine mammal is sighted within 200 yd (182.9 m) of the intended impact location (cease fire). ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a vessel or in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the start of gun firing ( e.g., while maneuvering on station). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during gunnery firing. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of non-explosive surface-to-surface large-caliber ordnance, non-explosive surface-to-surface and air-to-surface medium-caliber ordnance, and non-explosive surface-to-surface and air-to-surface small-caliber ordnance). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (xvii) Non-explosive missiles and rockets. For non-explosive missiles and rockets: (A) Mitigation zones and requirements. During the use of non-explosive missiles and rockets (air-to-surface), the following mitigation zone requirements apply: ( 1 ) Action Proponent personnel must cease use of non-explosive missile and rocket (air-to-surface) if a marine mammal is sighted within 900 yd (823 m) of the intended impact location. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in an aircraft. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the start of missile or rocket delivery ( e.g., during a fly-over of the mitigation zone). ( 2 ) Action Proponent personnel must observe the mitigation zone for marine mammals during missile or rocket delivery. (D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of non-explosive missiles and rockets (air-to-surface)). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained ( e.g., rotary-wing aircraft, fighter aircraft). (xviii) Manned surface vessels. For manned surface vessels: (A) Mitigation zones and requirements. During the use of manned surface vessels, including surfaced submarines, the following mitigation zone requirements apply: ( 1 ) Underway manned surface vessels must maneuver themselves (which may include reducing speed) to maintain the following distances as mission and circumstances allow: ( i ) 500 yd (457.2 m) from whales. ( ii ) 200 yd (182.9 m) from other marine mammals. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One or more Lookouts on manned underway surface vessels in accordance with the most recent navigation safety instruction. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals immediately prior to manned surface vessels getting underway and while underway. ( 2 ) [Reserved] (xix) Unmanned vehicles. For unmanned vehicles: (A) Mitigation zones and requirements. During the use of unmanned surface vehicles and unmanned underwater vehicles already being escorted (and operated under positive control) by a manned surface support vessel, the following mitigation zone requirements apply: ( 1 ) A surface support vessel that is already participating in the event, and has positive control over the unmanned vehicle, must maneuver the unmanned vehicle (which may include reducing its speed) to ensure it maintains the following distances as mission and circumstances allow: ( i ) 500 yd (457.2 m) from whales. ( ii ) 200 yd (182.9 m) from other marine mammals. ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on a surface support vessel that is already participating in the event and has positive control over the unmanned vehicle. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals immediately prior to unmanned vehicles getting underway and while underway. ( 2 ) [Reserved] (xx) Towed in-water devices. For towed in-water devices: (A) Mitigation zones and requirements. During the use of in-water devices towed by an aircraft, a manned surface vessel, or an unmanned surface vehicle or unmanned underwater vehicle already being escorted (and operated under positive control) by a manned surface vessel, the following mitigation zone requirements apply: ( 1 ) Manned towing platforms, or surface support vessels already participating in the event that have positive control over an unmanned vehicle that is towing an in-water device, must maneuver itself or the unmanned vehicle (which may include reducing speed) to ensure towed in-water devices maintain the following distances as mission and circumstances allow: ( i ) 250 yd (228.6 m) from marine mammals. ( ii ) [Reserved] ( 2 ) [Reserved] (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout on the manned towing vessel or aircraft, or on a surface support vessel that is already participating in the event and has positive control over an unmanned vehicle that is towing an in-water device. ( 2 ) [Reserved] (C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following: ( 1 ) Action Proponent personnel must observe the mitigation zone for marine mammals immediately prior to and while in-water devices are being towed. ( 2 ) [Reserved] (xxi) Commencement or recommencement conditions. Action Proponents must not commence or recommence an activity after a marine mammal is observed within a relevant mitigation zone until one of the following conditions has been met: (A) Observed exiting. A Lookout observes the marine mammal exiting the mitigation zone; (B) Concluded to have exited. A Lookout concludes that the marine mammal has exited the mitigation zone based on its observed course, speed, and movement relative to the mitigation zone; (C) Clear from additional sightings. A Lookout affirms the mitigation zone has been clear from additional sightings for the activity-specific wait period; or (D) Stressor transit. For mobile events, the stressor has transited a distance equal to double the mitigation zone size beyond the location of the last sighting. (xxii) Exceptions to activity-based mitigation for acoustic and explosive stressors. Activity-based mitigation for acoustic and explosive stressors will not apply to: (A) Sources not operated under positive control ( e.g., moored oceanographic sources); (B) Sources used for safety of navigation ( e.g., fathometers); (C) Sources used or deployed by aircraft operating at high altitudes ( e.g., bombs deployed from high altitude); (D) Sources used, deployed, or towed by unmanned platforms except when escort vessels are already participating in the event and have positive control over the source; (E) Sources used by submerged submarines ( e.g., sonar); (F) De minimis sources ( e.g., those >200 kilohertz); (G) Unattended sources, such as moored buoys used for acoustic and oceanographic research; and (H) Vessel-based, unmanned vehicle-based, or towed in-water sources when marine mammals ( e.g., dolphins) are determined to be intentionally swimming at the bow or alongside or directly behind the vessel, vehicle, or device ( e.g., to bow-ride or wake-ride). (I) Explosives deployed by aircraft operating at high altitudes ( i.e., altitudes at which marine mammals on the surface cannot be distinguished); (J) Explosives deployed by submerged submarines, except for explosive torpedoes; (K) Explosives deployed against aerial targets; (L) Explosives during vessel-launched missile or rocket events; (M) Explosives used at or below the de minimis threshold (≤0.1 lb (0.05 kg) NEW); (N) Explosives deployed by unmanned platforms except when escort vessels are already participating in the event and have positive control over the explosive; (O) Non-explosive ordnance deployed by aircraft operating at high altitudes ( i.e., altitudes at which marine mammals on the surface cannot be distinguished); (P) Non-explosive ordnance deployed against aerial targets; (Q) Non-explosive ordnance deployed during vessel-launched missile or rocket events; and (R) Non-explosive ordnance deployed by unmanned platforms except when escort vessels are already participating in the event and have positive control over ordnance deployment. (xxiii) Exceptions to activity-based mitigation for physical disturbance and strike stressors. Activity-based mitigation for physical disturbance and strike stressors will not be implemented: (A) By submerged submarines; (B) By unmanned vehicles except when escort vessels are already participating in the event and have positive control over the unmanned vehicle movements; (C) When marine mammals ( e.g., dolphins) are determined to be intentionally swimming at the bow, alongside the vessel or vehicle, or directly behind the vessel or vehicle ( e.g., to bow-ride or wake-ride); (D) When pinnipeds are hauled out on man-made navigational structures, port structures, and vessels; and (E) When impractical based on mission requirements ( e.g., during certain aspects of amphibious exercises). (2) Geographic mitigation areas. The Action Proponents must implement the geographic mitigation requirements described in paragraphs (a)(2)(i) through (ix) of this section. (i) Ship shock trial mitigation area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation areas. Within the ship shock trial mitigation areas, the following requirements apply: (A) Jacksonville Operating Area. Navy personnel must not conduct ship shock trials within the portion of the ship shock trial box that overlaps the Jacksonville Operating Area from November 15 through April 15. (B) Pre-event planning. Pre-event planning for ship shock trials must include the selection of one primary and two secondary sites (within one of the ship shock trial boxes) where marine mammal abundance is expected to be the lowest during an event, with the primary and secondary locations located more than 2 nmi (3.7 km) from the western boundary of the Gulf Stream for events planned within the portion of the ship shock trial box that overlaps the Jacksonville Operating Area. (C) Environmentally unsuitable site. If Action Proponent personnel determine during pre-event visual observations that the primary site is environmentally unsuitable ( e.g., continuous observations of marine mammals), personnel must evaluate the potential to move the event to one of the secondary sites as described in the LOAs. (ii) Major Training Exercise Planning Awareness Mitigation Areas. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the major training exercise (MTE) planning awareness mitigation areas, the following requirements apply: (A) Northeast. Within Major Training Exercise Planning Awareness Mitigation Areas located in the northeast ( i.e., the combined areas within the Gulf of Maine, over the continental shelves off Long Island, Rhode Island, Massachusetts, and Maine), the Action Proponents must not conduct any full or partial MTEs. (B) Mid-Atlantic. Within Major Training Exercise Planning Awareness Mitigation Areas located in the mid-Atlantic ( i.e., the combined areas off Maryland, Delaware, and North Carolina), the Action Proponents must not conduct any full or partial MTEs to the maximum extent practical and must not conduct more than four full or partial MTEs per year. (C) Gulf of America. Within the combined MTE Planning Awareness Mitigation Areas located in the Gulf of America, the Action Proponents will not conduct any MTEs. (iii) Northeast North Atlantic Right Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Northeast North Atlantic Right Whale Mitigation Area, the following requirements apply: (A) Active sonar. The Action Proponents must minimize the use of low-frequency active sonar, mid-frequency active sonar, and high-frequency active sonar in the mitigation area to the maximum extent practical. (B) In-water explosives. The Action Proponents must not detonate in-water explosives (including underwater explosives and explosives deployed against surface targets) within the mitigation area. (C) Explosive sonobuoys. The Action Proponents must not detonate explosive sonobuoys within 3 nmi (5.6 km) of the mitigation area. (D) Non-explosive bombs. The Action Proponents must not use non-explosive bombs within the mitigation area. (E) Non-explosive torpedoes. During non-explosive torpedoes events within the mitigation area: ( 1 ) The Action Proponents must conduct activities during daylight hours in Beaufort sea state 3 or less. ( 2 ) The Action Proponents must post two Lookouts in an aircraft during dedicated aerial surveys, and one Lookout on the submarine participating in the event (when surfaced), in addition to Lookouts required as described in paragraph (a)(1)(xvii) of this section. ( i ) Lookouts must begin conducting visual observations immediately prior to the start of an event. ( ii ) If floating vegetation or marine mammals are observed in the event vicinity, the event must not commence until the vicinity is clear or the event is relocated to an area where the vicinity is clear. ( iii ) Lookouts must continue to conduct visual observations during the event. ( iv ) If marine mammals are observed in the vicinity, the event must cease until one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met. ( 3 ) During transits and normal firing, surface ships must maintain a speed of no more than 10 knots (kn; 18.5 kilometer/hour (km/hr)); during submarine target firing, surface ships must maintain speeds of no more than 18 kn (33.3 km/hr); and during vessel target firing, surface ship speeds may exceed 18 kn (33.3 km/hr) for brief periods of time ( e.g., 10-15 minutes). (F) Vessel transits. For vessel transits within the mitigation area: ( 1 ) North Atlantic right whale sightings. The Action Proponents must conduct a web query or email inquiry to the North Atlantic Right Whale Sighting Advisory System or WhaleMap ( https://whalemap.org/ ) to obtain the latest North Atlantic right whale sightings data prior to transiting the mitigation area. ( 2 ) Sightings data to Lookouts. To the maximum extent practical, the Action Proponents must provide Lookouts the sightings data prior to standing watch. Lookouts must use that data to help inform visual observations during vessel transits. ( 3 ) Speed reductions. Surface ships must implement speed reductions after observing a North Atlantic right whale, if transiting within 5 nmi (9.3 km) of a sighting reported to the North Atlantic Right Whale Sighting Advisory System within the past week, and when transiting at night or during periods of restricted visibility. (iv) Gulf of Maine Marine Mammal Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Gulf of Maine Marine Mammal Mitigation Area, the following requirements apply: (A) Surface ship hull-mounted mid-frequency active sonar. The Action Proponents must not use more than 200 hours of surface ship hull-mounted mid-frequency active sonar annually within the mitigation area. (B) [Reserved] (v) Martha's Vineyard North Atlantic Right Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Martha's Vineyard North Atlantic Right Whale Mitigation Area, the following requirements apply: (A) Propulsion testing. The Action Proponents must avoid conducting vessel propulsion testing events in the Martha's Vineyard North Atlantic Right Whale Mitigation Area, to the maximum extent practical. (B) [Reserved] (vi) Jacksonville Operating Area North Atlantic Right Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Jacksonville Operating Area North Atlantic Right Whale Mitigation Area, the following requirements apply: (A) November 15 to April 15. From November 15 to April 15 within the mitigation area, prior to vessel transits or military readiness activities involving active sonar, in-water explosives (including underwater explosives and explosives deployed against surface targets), or non-explosive ordnance deployed against surface targets (including aerial-deployed mines), the Action Proponents must initiate communication with Fleet Area Control and Surveillance Facility, Jacksonville to obtain Early Warning System data. The facility must advise of all reported North Atlantic right whale sightings in the vicinity of planned vessel transits and military readiness activities. Sightings data must be used when planning event details ( e.g., timing, location, duration) to minimize impacts to North Atlantic right whale to the maximum extent practical. (B) Sightings data to Lookouts. To the maximum extent practical, Action Proponent personnel must provide the sightings data to Lookouts prior to standing watch to help inform visual observations. (vii) Southeast North Atlantic Right Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Southeast North Atlantic Right Whale Mitigation Area, the following requirements apply: (A) Helicopter dipping sonar and low-frequency or surface ship hull-mounted mid-frequency active sonar during navigation training or object detection. From November 15 to April 15 within the mitigation area, to the maximum extent practical, the Action Proponents must minimize use of helicopter dipping sonar (a mid-frequency active sonar source) and low-frequency or surface ship hull-mounted mid-frequency active sonar during navigation training or object detection. (B) All other high-frequency, mid-frequency, or low-frequency active sonars. From November 15 to April 15 within the mitigation area, the Action Proponents must not use high-frequency active sonar; or low-frequency or mid-frequency active sonar with the exception of the sources listed in paragraph (a)(2)(vi)(A) of this section in accordance with that paragraph. (C) Explosives. From November 15 to April 15 within the mitigation area, the Action Proponents must not detonate in-water explosives (including underwater explosives and explosives deployed against surface targets). (D) Explosive sonobuoys. From November 15 to April 15, the Action Proponents must not detonate explosive sonobuoys within 3 nmi (5.6 km) of the mitigation area. (E) Physical disturbance. From November 15 to April 15 within the mitigation area, the Action Proponents must not deploy non-explosive ordnance against surface targets (including aerial-deployed mines). (F) Vessel strike. From November 15 to April 15 within the mitigation area, surface ships must minimize north-south transits to the maximum extent practical and must implement speed reductions to the maximum extent practicable after they observe a North Atlantic right whale, if they are within 5 nmi (9.3 km) of an Early Warning System sighting reported within the past 12 hours, and at night and in restricted visibility. (G) Vessel propulsion testing. From November 15 to April 15 within the mitigation area, the Action Proponents must not conduct vessel propulsion testing. (H) Acoustic, explosives, and physical disturbance and vessel strike. From November 15 to April 15 within the mitigation area, prior to vessel transits or military readiness activities involving active sonar, in-water explosives (including underwater explosives and explosives deployed against surface targets), or non-explosive ordnance deployed against surface targets (including aerial-deployed mines), the Action Proponents must initiate communication with Fleet Area Control and Surveillance Facility, Jacksonville to obtain Early Warning System sightings data. The facility must advise of all reported North Atlantic right whale sightings in the vicinity of planned vessel transits and military readiness activities. To the maximum extent practical, the Action Proponents must provide Lookouts the sightings data prior to standing watch to help inform visual observations. (viii) Dynamic North Atlantic Right Whale Mitigation Area. The mitigation area extent matches the boundary of the U.S. Exclusive Economic Zone on the East Coast, which is the full extent of where Dynamic Management Areas could potentially be established by NMFS year-round. Within the Dynamic North Atlantic Right Whale Mitigation Areas, the following requirements apply: (A) North Atlantic Right Whale Dynamic Management Area notifications. The Action Proponents must provide North Atlantic Right Whale Dynamic Management Area information ( e.g., location and dates) to applicable assets transiting and training or testing in the vicinity of the Dynamic Management Area. ( 1 ) Alert assets. The information must alert assets (and their Lookouts) to the possible presence of North Atlantic right whale in their vicinity. ( 2 ) Visual observations. Lookouts must use the information to help inform visual observations during military readiness activities that involve vessel movements, active sonar, in-water explosives (including underwater explosives and explosives deployed against surface targets), or non-explosive ordnance deployed against surface targets in the mitigation area. (B) PMAP reports. In Protective Measures Assessment Protocol (PMAP) reports generated in the Dynamic North Atlantic Right Whale Mitigation Area, Action Proponents must do the following: ( 1 ) WhaleMap. Provide the WhaleMap web address ( https://whalemap.org ); ( 2 ) Strike risk. Advise that risk of whale strike is increased after observing a North Atlantic right whale (NARW); when operating within 5 nmi (9.3 km) of a known NARW sighting reported within the past 24 hours; within a NMFS-designated Seasonal Management Area, Dynamic Management Area, or Slow Zone; and when transiting at night or during periods of restricted visibility; and ( 3 ) Reinforce collision prevention. Reinforce the requirement of the International Regulations for Preventing Collisions at Sea (COLREGS) for vessels to proceed at a safe speed appropriate to the prevailing circumstances and conditions, to avoid a collision with any sighted object or disturbance, including any marine mammal (33 CFR part 83). (C) Propulsion testing. Sightings data must be used when planning propulsion testing event details ( e.g., timing, location, duration) to minimize impacts to NARW to the maximum extent practical. During propulsion testing in the mitigation area, to the maximum extent practical, Lookouts must be provided recent https://whalemap.org sightings data to help inform visual observations. (ix) Rice's Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Rice's Whale Mitigation Area, the following requirements apply: (A) Surface ship mid-frequency active sonar. The Action Proponents must not use more than 200 hours of surface ship hull-mounted mid-frequency active sonar annually within the mitigation area. (B) Explosives. The Action Proponents must not detonate in-water explosives (including underwater explosives and explosives deployed against surface targets) within the mitigation area, except during mine warfare activities. (C) Explosive sonobuoys. The Action Proponents must not detonate explosive sonobuoys within 3 nmi (5.6 km) of the mitigation area. (D) Propulsion testing. The Action Proponents must avoid conducting vessel propulsion testing events in the Rice's Whale Mitigation Area, to the maximum extent practical. (E) Awareness message. The Action Proponents must issue an annual awareness message to Navy vessels that routinely train or test in the vicinity of the Rice's whale proposed critical habitat, and Coast Guard vessels that routinely train anywhere in the Gulf of America. The message will advise that risk of whale strike is increased when transiting through Rice's whale proposed critical habitat ( i.e., within the 100-400 m isobaths), particularly at night or during periods of restricted visibility, and reinforce the requirement of the COLREGS for ships to proceed at a safe speed appropriate to the prevailing circumstances and conditions, to avoid a collision with any sighted object or disturbance, including any marine mammal. (x) National security requirement. Should national security require the Action Proponents to exceed a requirement(s) in paragraphs (a)(2)(i) through (ix) of this section, Action Proponent personnel must provide NMFS with advance notification and include the information ( e.g., sonar hours, explosives usage, or restricted area use) in its annual activity reports submitted to NMFS. (3) Cetacean live stranding. In the event of a cetacean live stranding (or near-shore atypical milling) event within the AFTT Study Area or within 50 km (27 nmi) of the boundary of the AFTT Study Area, where the NMFS Stranding Network is engaged in herding or other interventions to return marine mammals to the water, NMFS Office of Protected Resources will advise the Action Proponents of the need to implement shutdown procedures for all active acoustic sources or explosive devices within 50 km of the stranding. Following this initial shutdown, NMFS will communicate with the Action Proponents to determine whether circumstances support modification of the shutdown zone. The Action Proponents may decline to implement all or part of the shutdown if the holder of the LOA, or his/her designee, determines that it is necessary for national security. Shutdown procedures for live stranding or milling cetaceans include the following: (i) Shutdown no longer needed. If at any time, the marine mammal(s) die or are euthanized, or if herding/intervention efforts are stopped, NMFS will immediately advise that the shutdown around the marine mammals' location is no longer needed; (ii) Shutdown procedures remain in effect. Otherwise, shutdown procedures will remain in effect until NMFS determines and advises that all live marine mammals involved have left the area (either of their own volition or following an intervention); and (iii) Further observations. If further observations of the marine mammals indicate the potential for re-stranding, additional coordination will be required to determine what measures are necessary to minimize that likelihood ( e.g., extending the shutdown or moving operations farther away) and to implement those measures as appropriate. (4) North Atlantic right whale persistence. Within the first year of effectiveness of the LOA(s), the Action Proponents shall work collaboratively with the NMFS Endangered Species Act Interagency Cooperation Division and the NMFS Permits and Conservation Division to: (1) Analyze and discuss the application of new information from the NMFS North Atlantic Right Whale Persistence Modelling Efforts toward AFTT mitigation measures; (2) Evaluate the practicability and conservation benefits of newly proposed mitigation measure and/or changes to existing measures based on information from the model; and (3) Implement any new mitigation measures or changes to existing measures that meet the Action Proponents' Practicability Criteria and Sufficiently Beneficial requirements. (b) [Reserved]" 50:50:10.0.1.3.4.6.1.6,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,I,Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area,,§ 218.85 Requirements for monitoring and reporting.,NOAA,,,,"The Action Proponents must implement the following monitoring and reporting requirements when conducting the specified activities: (a) Notification of take. If the Action Proponent reasonably believes that the specified activity identified in § 218.80 resulted in the mortality or serious injury of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart, then the Action Proponent shall notify NMFS immediately or as soon as operational security considerations allow. (b) Monitoring and reporting under the LOAs. The Action Proponents must conduct all monitoring and reporting required under the LOAs. (c) Notification of injured, live stranded, or dead marine mammals. Action Proponent personnel must abide by the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities . (d) Annual AFTT Study Area marine species monitoring report. The Navy, on behalf of the Action Proponents, must submit an annual AFTT Study Area marine species monitoring report describing the implementation and results from the previous calendar year. Data collection methods will be standardized across range complexes and the AFTT Study Area to allow for comparison in different geographic locations. The draft report must be submitted to the Director, Office of Protected Resources, NMFS, annually. NMFS will submit comments or questions on the report, if any, within 3 months of receipt. The report will be considered final after the Action Proponents have addressed NMFS' comments, or 3 months after submittal of the draft if NMFS does not provide comments on the draft report. The report must describe progress of knowledge made with respect to intermediate scientific objectives within the AFTT Study Area associated with the Integrated Comprehensive Monitoring Program. Similar study questions must be treated together so that progress on each topic can be summarized across all Navy ranges. The report need not include analyses and content that do not provide direct assessment of cumulative progress on the monitoring plan study questions. (e) Quick look reports. In the event that the sound levels analyzed in the preambles of the Marine Mammal Protection Act (MMPA) proposed rule (90 FR 19858, May 9, 2025) and final rule (90 FR 50504, November 7, 2025) were exceeded within a given reporting year, the Action Proponents must submit a preliminary report(s) detailing the exceedance within 21 days after the anniversary date of issuance of the LOAs. (f) Annual AFTT training and testing reports. Regardless of whether analyzed sound levels were exceeded, the Navy must submit a detailed report (AFTT Annual Training Exercise Report and Testing Activity Report) and the Coast Guard must submit a detailed report (AFTT Annual Training Exercise Report) to the Director, Office of Protected Resources, NMFS, annually. NMFS will submit comments or questions on the reports, if any, within 1 month of receipt. The reports will be considered final after the Action Proponents have addressed NMFS' comments, or 1 month after submittal of the drafts if NMFS does not provide comments on the draft reports. The annual reports must contain a summary of all sound sources used (total hours or quantity (per the LOAs) of each bin of sonar or other non-impulsive source; total annual number of each type of explosive exercises; and total annual expended/detonated rounds (missiles, bombs, sonobuoys, etc. ) for each explosive bin). The annual reports must also contain cumulative sonar and explosive use quantity from previous years' reports through the current year. Additionally, if there were any changes to the sound source amount analyzed in the reporting year, or cumulatively, the reports would include a discussion of why the change was made and include analysis to support how the change did or did not affect the analysis in the 2025 AFTT Supplemental Environmental Impact Statement/Overseas Environmental Impact Statement ( https://www.nepa.navy.mil/aftteis/ ) and the analysis in the MMPA final rule (90 FR 50504, November 7, 2025). The annual reports must also include the details regarding specific requirements associated with the mitigation areas listed in paragraph (f)(4) of this section. The analysis in the detailed report must be based on the accumulation of data from the current year's report and data collected from previous annual reports. The final annual/close-out reports at the conclusion of the authorization period (year 7) will also serve as the comprehensive close-out reports and provide the annual totals for each sound source bin with a comparison to the annual amount analyzed and the 7-year total for each sound source bin with a comparison to the 7-year amount analyzed. The AFTT Annual Training and Testing Reports must include the specific information described in the LOAs. (1) MTEs. This section of the report must contain the following information for MTEs completed that year in the AFTT Study Area. (i) Exercise information (for each MTE). For exercise information (for each MTE): (A) Exercise designator. (B) Date that exercise began and ended. (C) Location. (D) Number and types of active sonar sources used in the exercise. (E) Number and types of passive acoustic sources used in exercise. (F) Number and types of vessels, aircraft, and other platforms participating in each exercise. (G) Total hours of all active sonar source operation. (H) Total hours of each active sonar source bin. (I) Wave height (high, low, and average) during exercise. (ii) Individual marine mammal sighting information for each sighting in each exercise where mitigation was implemented. For individual marine mammal sighting information for each sighting in each exercise where mitigation was implemented: (A) Date, time, and location of sighting. (B) Species (if not possible, indication of whale/dolphin/pinniped). (C) Number of individuals. (D) Initial detection sensor ( e.g., passive sonar, Lookout). (E) Indication of specific type of platform observation was made from (including, for example, what type of surface vessel or testing platform). (F) Length of time observers maintained visual contact with marine mammal. (G) Sea state. (H) Visibility. (I) Sound source in use at the time of sighting. (J) Indication of whether marine mammal was less than 200 yd (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 m to 914.4 m), 1,000 to 2,000 yd (914.4 m to 1,828.8 m), or greater than 2,000 yd (1,828.8 m) from sonar source. (K) Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and the length of the delay. (L) If source in use was hull-mounted, true bearing of marine mammal from the vessel, true direction of vessel's travel, and estimation of marine mammal's motion relative to vessel (opening, closing, parallel). (M) Lookouts must report the observed behavior of the marine mammal(s) in plain language and without trying to categorize in any way (such as marine mammal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. ) and if any calves were present. (iii) An evaluation (based on data gathered during all of the MTEs) of the effectiveness of mitigation measures designed to minimize the received level to which marine mammals may be exposed. For an evaluation (based on data gathered during all of the MTEs) of the effectiveness of mitigation measures designed to minimize the received level to which marine mammals may be exposed: (A) This evaluation must identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation. (B) [Reserved] (2) Sinking exercises. This section of the report must include the following information for each SINKEX completed that year in the AFTT Study Area: (i) Exercise information. For exercise information: (A) Location. (B) Date and time exercise began and ended. (C) Total hours of observation by Lookouts before, during, and after exercise. (D) Total number and types of explosive source bins detonated. (E) Number and types of passive acoustic sources used in exercise. (F) Total hours of passive acoustic search time. (G) Number and types of vessels, aircraft, and other platforms participating in exercise. (H) Wave height in feet (high, low, and average) during exercise. (I) Narrative description of sensors and platforms utilized for marine mammal detection and timeline illustrating how marine mammal detection was conducted. (ii) Individual marine mammal observation (by Action Proponent Lookouts) information for each sighting where mitigation was implemented. For individual marine mammal observation (by Action Proponent Lookouts) information for each sighting where mitigation was implemented: (A) Date/time/location of sighting. (B) Species (if not possible, indicate whale, dolphin, or pinniped). (C) Number of individuals. (D) Initial detection sensor ( e.g., sonar or Lookout). (E) Length of time observers maintained visual contact with marine mammal. (F) Sea state. (G) Visibility. (H) Whether sighting was before, during, or after detonations/exercise, and how many minutes before or after. (I) Distance of marine mammal from actual detonations (or target spot if not yet detonated): Less than 200 yd (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 to 914.4 m), 1,000 to 2,000 yd (914.4 to 1,828.8 m), or greater than 2,000 yd (1,828.8 m). (J) Lookouts must report the observed behavior of the marine mammal(s) in plain language and without trying to categorize in any way (such as marine mammal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. ), including speed and direction and if any calves were present. (K) The report must indicate whether explosive detonations were delayed, ceased, modified, or not modified due to marine mammal presence and for how long. (L) If observation occurred while explosives were detonating in the water, indicate munition type in use at time of marine mammal detection. (3) Summary of sources used. This section of the report must include the following information summarized from the analyzed sound sources used in all training and testing events: (i) Totals for sonar or other acoustic source bins. Total annual hours or quantity (per the LOA) of each bin of sonar or other acoustic sources ( e.g., pile driving and air gun activities); and (ii) Total for explosive bins. Total annual expended/detonated ordnance (missiles, bombs, sonobuoys, etc. ) for each explosive bin. (4) Special reporting for geographic mitigation areas. This section of the report must contain the following information for activities conducted in geographic mitigation areas in the AFTT Study Area: (i) Northeast North Atlantic Right Whale Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used in the mitigation area. (ii) Gulf of Maine Marine Mammal Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used in the mitigation area. (iii) Southeast North Atlantic Right Whale Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used in the mitigation area from November 15 to April 15. (iv) Southeast North Atlantic Right Whale Special Reporting Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used within the mitigation area from November 15 to April 15. (v) Rice's Whale Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used in the mitigation area. (vi) National security requirement. If an Action Proponent(s) evokes the national security requirement described in § 218.84(a)(2)(ix), the Action Proponent personnel must include information about the event in its Annual AFTT Training and Testing Report. (5) Foreign military sonar and explosives. Navy personnel must confirm that foreign military use of sonar and explosives, when such militaries are participating in a U.S. Navy-led exercise or event, combined with the Action Proponents' use of sonar and explosives, would not cause exceedance of the analyzed levels within each NAEMO modeled sonar and explosive bin used for estimating predicted impacts. (g) MTE sonar exercise notification. The Action Proponents must submit to NMFS (contact as specified in the LOAs) an electronic report within 15 calendar days after the completion of any MTE indicating: (1) Location. Location of the exercise; (2) Dates. Beginning and end dates of the exercise; and (3) Type. Type of exercise." 50:50:10.0.1.3.4.6.1.7,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,I,Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area,,§ 218.86 Letters of Authorization.,NOAA,,,,"(a) To incidentally take marine mammals pursuant to this subpart, the Action Proponents must apply for and obtain LOAs. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) In the event of projected changes to the activity or to mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision of § 218.87(c)(1)) required by an LOA, the Action Proponent must apply for and obtain a modification of the LOA as described in § 218.87. (d) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species and stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (e) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations of this subpart. (f) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination." 50:50:10.0.1.3.4.6.1.8,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,I,Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area,,§ 218.87 Modifications of Letters of Authorization.,NOAA,,,,"(a) An LOA issued under §§ 216.106 of this chapter and 218.86 for the activity identified in § 218.80(c) shall be modified, upon request by an Action Proponent(s), provided that: (1) The specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs under this subpart were implemented. (b) For LOA modification requests by the applicants that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section), the LOA should be modified provided that: (1) NMFS determines that the change(s) to the activity or the mitigation, monitoring, or reporting do not change the findings made for this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or stock or years); and (2) NMFS may publish a notice of proposed modified LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.86 for the activities identified in § 218.80(c) may be modified by NMFS Office of Protected Resources under the following circumstances: (1) After consulting with the Action Proponents regarding the practicability of the modifications, through adaptive management, NMFS may modify (including remove, revise, or add to) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring measures set forth in this subpart. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include, but are not limited to: (A) Results from the Action Proponents' monitoring report and annual exercise reports from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS shall publish a notice of proposed LOA(s) in the Federal Register and solicit public comment. (2) If the NMFS Office of Protected Resources determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.86, a LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register within 30 days of the action." 50:50:10.0.1.3.4.6.1.9,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,I,Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area,,§§ 218.88-218.89 [Reserved],NOAA,,,, 50:50:10.0.1.3.4.7.1.1,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,J,Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT),,§ 218.90 Specified activity and geographical region.,NOAA,,,,"(a) Regulations in this subpart apply only to the U.S. Navy for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the Navy under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the Mariana Islands Training and Testing (MITT) Study Area. The MITT Study Area is comprised of three components: The Mariana Islands Range Complex (MIRC), additional areas on the high seas, and a transit corridor between the MIRC and the Hawaii Range Complex (HRC). The MIRC includes the waters south of Guam to north of Pagan (Commonwealth of the Northern Mariana Islands (CNMI)), and from the Pacific Ocean east of the Mariana Islands to the Philippine Sea to the west, encompassing 501,873 square nautical miles (nmi 2 ) of open ocean. The additional areas of the high seas include the area to the north of the MIRC that is within the U.S. Exclusive Economic Zone (EEZ) of the CNMI and the areas to the west of the MIRC. The transit corridor is outside the geographic boundaries of the MIRC and represents a great circle route ( i.e., the shortest distance) across the high seas for Navy ships transiting between the MIRC and the HRC. Additionally, the MITT Study Area includes pierside locations in the Apra Harbor Naval Complex. (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training and testing activities, including: (1) Training. (i) Amphibious warfare; (ii) Anti-submarine warfare; (iii) Mine warfare; (iv)-(v) [Reserved]; (vi) Surface warfare; and (vii) Other training activities. (2) Testing. (i) Naval Air Systems Command Testing Activities; (ii) Naval Sea Systems Command Testing Activities; and (iii) Office of Naval Research Testing Activities." 50:50:10.0.1.3.4.7.1.2,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,J,Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT),,§ 218.91 Effective dates.,NOAA,,,,"Regulations in this subpart are effective from July 31, 2020, to July 30, 2027." 50:50:10.0.1.3.4.7.1.3,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,J,Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT),,§ 218.92 Permissible methods of taking.,NOAA,,,,"(a) Under an LOA issued pursuant to §§ 216.106 of this section and 218.96, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.90(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.90(c) is limited to the species listed in Table 1 of this section. Table 1 to § 218.92 (b)" 50:50:10.0.1.3.4.7.1.4,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,J,Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT),,§ 218.93 Prohibitions.,NOAA,,,,"Notwithstanding incidental takings contemplated in § 218.92(a) and authorized by an LOA issued under §§ 216.106 of this section and 218.96, no person in connection with the activities listed in § 218.90(c) may: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this section and 218.96; (b) Take any marine mammal not specified in § 218.92(b); (c) Take any marine mammal specified in § 218.92(b) in any manner other than as specified in the LOA issued under §§ 216.106 of this chapter and 218.96; or (d) Take a marine mammal specified in § 218.92(b) if NMFS determines such taking results in more than a negligible impact on the species of such marine mammal." 50:50:10.0.1.3.4.7.1.5,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,J,Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT),,§ 218.94 Mitigation requirements.,NOAA,,,,"When conducting the activities identified in § 218.90(c), the mitigation measures contained in any LOA issued under §§ 216.106 of this section and 218.96 must be implemented. These mitigation measures include, but are not limited to: (a) Procedural mitigation. Procedural mitigation is mitigation that the Navy must implement whenever and wherever an applicable training or testing activity takes place within the MITT Study Area for each applicable activity category or stressor category and includes acoustic stressors ( i.e., active sonar and other transducers, weapons firing noise), explosive stressors ( i.e., sonobuoys, torpedoes, medium-caliber and large-caliber projectiles, missiles and rockets, bombs, sinking exercises, mines, anti-swimmer grenades), and physical disturbance and strike stressors (i.e., vessel movement; towed in-water devices; small-, medium-, and large-caliber non-explosive practice munitions; non-explosive missiles and rockets; and non-explosive bombs and mine shapes). (1) Environmental awareness and education. Appropriate Navy personnel (including civilian personnel) involved in mitigation and training or testing reporting under the specified activities will complete one or more modules of the U.S. Navy Afloat Environmental Compliance Training Series, as identified in their career path training plan. Modules include: Introduction to the U.S. Navy Afloat Environmental Compliance Training Series, Marine Species Awareness Training; U.S. Navy Protective Measures Assessment Protocol; and U.S. Navy Sonar Positional Reporting System and Marine Mammal Incident Reporting. (2) Active sonar. Active sonar includes low-frequency active sonar, mid-frequency active sonar, and high-frequency active sonar. For vessel-based activities, mitigation applies only to sources that are positively controlled and deployed from manned surface vessels ( e.g., sonar sources towed from manned surface platforms). For aircraft-based activities, mitigation applies only to sources that are positively controlled and deployed from manned aircraft that do not operate at high altitudes ( e.g., rotary-wing aircraft). Mitigation does not apply to active sonar sources deployed from unmanned aircraft or aircraft operating at high altitudes ( e.g., maritime patrol aircraft). (i) Number of Lookouts and observation platform —(A) Hull-mounted sources. One Lookout must be positioned for platforms with space or manning restrictions while underway (at the forward part of a small boat or ship) and platforms using active sonar while moored or at anchor (including pierside); and two Lookouts must be positioned for platforms without space or manning restrictions while underway (at the forward part of the ship). (B) Sources that are not hull-mounted sources. One Lookout must be positioned on the ship or aircraft conducting the activity. (ii) Mitigation zone and requirements. The mitigation zones must be the zones as described in paragraphs (a)(2)(ii)(B) and (C) of this section. (A) Prior to the initial start of the activity ( e.g., when maneuvering on station), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of active sonar transmission. (B) During the activity for low-frequency active sonar at or above 200 dB and hull-mounted mid-frequency active sonar, Navy personnel must observe the mitigation zone for marine mammals and power down active sonar transmission by 6 dB if marine mammals are observed within 1,000 yd of the sonar source; power down by an additional 4 dB (for a total of 10 dB) if marine mammals are observed within 500 yd of the sonar source; and cease transmission if marine mammals are observed within 200 yd of the sonar source. (C) During the activity for low-frequency active sonar below 200 dB, mid-frequency active sonar sources that are not hull mounted, and high-frequency active sonar, Navy personnel must observe the mitigation zone for marine mammals and cease active sonar transmission if marine mammals are observed within 200 yd of the sonar source. (D) 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 or powering up active sonar transmission) 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 sonar source; the mitigation zone has been clear from any additional sightings for 10 minutes (min) for aircraft-deployed sonar sources or 30 min for vessel-deployed sonar sources; for mobile activities, the active sonar source has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting; or for activities using hull-mounted sonar where a dolphin(s) is observed in the mitigation zone, the Lookout concludes that the dolphin(s) is deliberately closing in on the ship to ride the ship's bow wave, and is therefore out of the main transmission axis of the sonar (and there are no other marine mammal sightings within the mitigation zone). (3) Weapons firing noise. Weapons firing noise associated with large-caliber gunnery activities. (i) Number of Lookouts and observation platform. One Lookout must be positioned on the ship conducting the firing. Depending on the activity, the Lookout could be the same as the one provided for under “Explosive medium-caliber and large-caliber projectiles” or under “Small-, medium-, and large-caliber non-explosive practice munitions” in paragraphs (a)(6)(i) and (a)(15)(i) of this section. (ii) Mitigation z one and requirements. The mitigation zone must be thirty degrees on either side of the firing line out to 70 yd from the muzzle of the weapon being fired. (A) Prior to the initial start of the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of weapons firing. (B) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease weapons 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 weapons 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 firing ship; the mitigation zone has been clear from any additional sightings for 30 min; or for mobile activities, the firing ship has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (4) Explosive sonobuoys —(i) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft or on a small boat. If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 600 yd around an explosive sonobuoy. (B) Prior to the initial start of the activity ( e.g., during deployment of a sonobuoy pattern, which typically lasts 20-30 min), Navy personnel must conduct passive acoustic monitoring for marine mammals and use information from detections to assist visual observations. Navy personnel also must visually observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of sonobuoy or source/receiver pair detonations. (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease sonobuoy or source/receiver pair detonations. (D) 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 detonations) 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 sonobuoy; or the mitigation zone has been clear from any additional sightings for 10 min when the activity involves aircraft that have fuel constraints ( e.g., helicopter), or 30 min when the activity involves aircraft that are not typically fuel constrained. (E) After completion of the activity ( e.g., prior to maneuvering off station), when practical ( e.g., when platforms are not constrained by fuel restrictions or mission-essential follow-on commitments), Navy personnel must 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. (5) Explosive torpedoes —(i) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. If additional platforms are participating in the activity, Navy personnel positioned on those assets (e.g., safety observers, evaluators) must support observing the mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 2,100 yd around the intended impact location. (B) Prior to the initial start of the activity ( e.g., during deployment of the target), Navy personnel must conduct passive acoustic monitoring for marine mammals and use the information from detections to assist visual observations. Navy personnel also must visually observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of firing. (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals. If marine mammals are observed, Navy personnel must cease firing. (D) 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; 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. (E) 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) Explosive medium-caliber and large-caliber projectiles. Gunnery activities using explosive medium-caliber and large-caliber projectiles. Mitigation applies to activities using a surface target. (i) Number of Lookouts and observation platform. One Lookout must be on the vessel or aircraft conducting the activity. For activities using explosive large-caliber projectiles, depending on the activity, the Lookout could be the same as the one described in “Weapons firing noise” in paragraph (a)(3)(i) of this section. If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 200 yd around the intended impact location for air-to-surface activities using explosive medium-caliber projectiles. (B) The mitigation zone must be 600 yd around the intended impact location for surface-to-surface activities using explosive medium-caliber projectiles. (C) The mitigation zone must be 1,000 yd around the intended impact location for surface-to-surface activities using explosive large-caliber projectiles. (D) Prior to the initial start of the activity ( e.g., when maneuvering on station), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of firing. (E) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (F) 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 mobile targets, the intended impact location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (G) 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. (7) Explosive missiles and rockets. Aircraft-deployed explosive missiles and rockets. Mitigation applies to activities using a surface target. (i) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 900 yd around the intended impact location for missiles or rockets with 0.6-20 lb net explosive weight. (B) 2,000 yd around the intended impact location for missiles with 21-500 lb net explosive weight. (C) 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 marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of firing. (D) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (E) 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; 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. (F) 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. (8) 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 mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 2,500 yd around the intended target. (B) Prior to the initial start of the activity ( e.g., when arriving on station), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of bomb deployment. (C) During the activity ( e.g., during target approach), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease bomb deployment. (D) 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 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. (E) 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. (9) Sinking exercises —(i) Number of Lookouts and observation platform. Two Lookouts (one must be positioned in an aircraft and one must be positioned on a vessel). If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 2.5 nmi around the target ship hulk. (B) Prior to the initial start of the activity (90 min prior to the first firing), Navy personnel must conduct aerial observations of the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must delay the start of firing. (C) During the activity, Navy personnel must conduct passive acoustic monitoring for marine mammals and use the information from detections to assist visual observations. Navy personnel must visually observe the mitigation zone for marine mammals from the vessel; if marine mammals are observed, Navy personnel must cease firing. Immediately after any planned or unplanned breaks in weapons firing of longer than two hours, Navy personnel must observe the mitigation zone for marine mammals from the aircraft and vessel; if marine mammals are observed, Navy personnel must delay recommencement of firing. (D) 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 target ship hulk; or the mitigation zone has been clear from any additional sightings for 30 min. (E) After completion of the activity (for two hours after sinking the vessel or until sunset, whichever comes first), Navy personnel must 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. (10) Explosive mine countermeasure and neutralization activities —(i) Number of Lookouts and observation platform. (A) One Lookout must be positioned on a vessel or in an aircraft. (B) If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 600 yd around the detonation site. (B) Prior to the initial start of the activity ( e.g., when maneuvering on station; typically 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), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of detonations. (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease detonations. (D) 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 detonations) 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 detonation site; 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. (E) [Reserved] (F) After completion of the activity (typically 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), Navy personnel must 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. (11) Explosive mine neutralization activities involving Navy divers —(i) Number of Lookouts and observation platform. (A) Two Lookouts (two small boats with one Lookout each, or one Lookout must be on a small boat and one must be in a rotary-wing aircraft) when implementing the smaller mitigation zone. (B) Four Lookouts (two small boats with two Lookouts each), and a pilot or member of an aircrew which must serve as an additional Lookout if aircraft are used during the activity, must be used when implementing the larger mitigation zone. (C) All divers placing the charges on mines will support the Lookouts while performing their regular duties and will report applicable sightings to their supporting small boat or Range Safety Officer. (D) If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation zone and requirements. (A) For Lookouts on small boats or aircraft, the mitigation zone must be 500 yd around the detonation site under positive control. (B) For Lookouts on small boats or aircraft, the mitigation zone must be 1,000 yd around the detonation site during all activities using time-delay fuses. (C) For divers, the mitigation zone must be the underwater detonation location, which is defined as the sea space within the divers' range of visibility but no further than the mitigation zone specified for Lookouts on small boats or aircraft (500 yd or 1,000 yd depending on the charge type). (D) Prior to the initial start of the activity (when maneuvering on station for activities under positive control; 30 min for activities using time-delay firing devices), Navy Lookouts on small boats or aircraft, must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of detonations or fuse initiation. (E) During the activity, Navy Lookouts on small boats or aircraft, must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease detonations or fuse initiation. While performing their normal duties during the activity, divers must observe the underwater detonation location for marine mammals. Divers must notify their supporting small boat or Range Safety Officer of marine mammal sightings at the underwater detonation location; if observed, the Navy must cease detonations or fuse initiation. To the maximum extent practicable depending on mission requirements, safety, and environmental conditions, Navy personnel must position boats near the mid-point of the mitigation zone radius (but outside of the detonation plume and human safety zone), must position themselves on opposite sides of the detonation location (when two boats are used), and must travel in a circular pattern around the detonation location with one Lookout observing inward toward the detonation site and the other observing outward toward the perimeter of the mitigation zone. If used, Navy aircraft must travel in a circular pattern around the detonation location to the maximum extent practicable. Navy personnel must not set time-delay firing devices to exceed 10 min. (F) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the underwater detonation location or mitigation zone (as applicable) prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing detonations or fuse initiation) until one of the following conditions has been met: The animal is observed exiting the 500 yd or 1,000 yd mitigation zone; the animal is thought to have exited the 500 yd or 1,000 yd mitigation zone based on a determination of its course, speed, and movement relative to the detonation site; or the 500 yd or 1,000 yd mitigation zones (for Lookouts on small boats or aircraft) and the underwater detonation location (for divers) has been clear from any additional sightings for 10 min during activities under positive control with aircraft that have fuel constraints, or 30 min during activities under positive control with aircraft that are not typically fuel constrained and during activities using time-delay firing devices. (G) After completion of an activity, the Navy must observe for marine mammals for 30 min. Navy personnel must 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. (12) Maritime security operations—anti-swimmer grenades —(i) Number of Lookouts and observation platform. One Lookout must be positioned on the small boat 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 mitigation zone for marine mammals and other applicable biological resources while performing their regular duties. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 200 yd around the intended detonation location. (B) Prior to the initial start of the activity ( e.g., when maneuvering on station), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of detonations. (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease detonations. (D) 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 detonations) 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 detonation location; the mitigation zone has been clear from any additional sightings for 30 min; or the intended detonation location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (E) 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. (13) Vessel movement. The mitigation will not be applied if: The vessel's 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. (A) The mitigation zone must be 500 yd around whales. (B) The mitigation zone must be 200 yd around all other marine mammals (except bow-riding dolphins). (C) 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. (iii) Reporting. If a marine mammal vessel strike occurs, Navy personnel must follow the established incident reporting procedures. (14) Towed in-water devices. Mitigation applies to devices that are towed from a manned surface platform or manned aircraft. The mitigation will not be applied if the safety of the towing platform or in-water device is threatened. (i) Number of Lookouts and observation platform. One Lookout must be positioned on a manned towing platform. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 250 yd around marine mammals. (B) During the activity ( i.e., when towing an in-water device), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must maneuver to maintain distance. (15) 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 (a)(3)(i) of this section. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 200 yd around the intended impact location. (B) Prior to the initial start of the activity ( e.g., when maneuvering on station), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of firing. (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (D) 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. (16) Non-explosive missiles and rockets. Aircraft-deployed non-explosive missiles and rockets. Mitigation applies to activities using a surface target. (i) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 900 yd around the intended impact location. (B) 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 marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of firing. (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (D) 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. (17) Non-explosive bombs and mine shapes. Non-explosive bombs and non-explosive mine shapes during mine laying activities. (i) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. (ii) Mitigation zone and requirements. (A) The mitigation zone must be 1,000 yd around the intended target. (B) Prior to the initial start of the activity ( e.g., when arriving on station), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of bomb deployment or mine laying. (C) During the activity ( e.g., during approach of the target or intended minefield location), Navy personnel must observe the mitigation zone for marine mammals and, if marine mammals are observed, Navy personnel must cease bomb deployment or mine laying. (D) 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 or mine laying) 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. (b) Mitigation areas. In addition to procedural mitigation, Navy personnel must implement mitigation measures within mitigation areas to avoid or reduce potential impacts on marine mammals. (1) Mitigation areas for marine mammals off Saipan in MITT Study Area for sonar, explosives, and vessel strikes —(i) Mitigation area requirements —(A) Marpi Reef and Chalan Kanoa Reef Geographic Mitigation Areas. ( 1 ) Navy personnel will conduct a maximum combined total of 20 hours annually from December 1 through April 30 of surface ship hull-mounted MF1 mid-frequency active sonar during training and testing within the Marpi Reef and Chalan Kanoa Reef Geographic Mitigation Areas. ( 2 ) Navy personnel will not use in-water explosives. ( 3 ) Navy personnel must report the total hours of all active sonar use (all bins, by bin) from December 1 through April 30 in these geographic mitigation areas in the annual training and testing exercise report submitted to NMFS. ( 4 ) Should national security present a requirement to conduct training or testing prohibited by the mitigation requirements in this paragraph (b)(1)(i)(A), Navy personnel must obtain permission from the appropriate designated Command authority prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include relevant information ( e.g., sonar hours, explosives use) in its annual activity reports submitted to NMFS. (B) Marpi Reef and Chalan Kanoa Reef Awareness Notification Message Area. ( 1 ) Navy personnel must issue a seasonal awareness notification message to alert Navy ships and aircraft operating in the Marpi Reef and Chalan Kanoa Reef Geographic Mitigation Areas to the possible presence of increased concentrations of humpback whales from December 1 through April 30. ( 2 ) 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 humpback whales that when concentrated seasonally, may become vulnerable to vessel strikes. ( 3 ) Navy personnel must use the information from the awareness notification message to assist their visual observation of applicable geographic mitigation zones during training and testing activities and to aid in the implementation of procedural mitigation. (ii) [Reserved] (2) Mitigation areas for marine mammals off Guam of the MITT Study Area for sonar and explosives —(i) Mitigation area requirements —(A) Agat Bay Nearshore Geographic Mitigation Area. ( 1 ) Navy personnel will not conduct MF1 surface ship hull-mounted mid-frequency active sonar year-round. ( 2 ) Navy personnel will not use in-water explosives year-round. ( 3 ) Should national security require the use of MF1 surface ship hull-mounted mid-frequency active sonar or explosives within the Agat Bay Nearshore Geographic Mitigation Area, Navy personnel must obtain permission from the appropriate designated Command authority prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include the information ( e.g., sonar hours, explosives usage) in its annual activity reports submitted to NMFS. (B) [Reserved]" 50:50:10.0.1.3.4.7.1.6,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,J,Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT),,§ 218.95 Requirements for monitoring and reporting.,NOAA,,,,"(a) Unauthorized take. Navy personnel must notify NMFS immediately (or as soon as operational security considerations allow) if the specified activity identified in § 218.90 is thought to have resulted in the serious injury or mortality of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart. (b) Monitoring and reporting under the LOA. The Navy must conduct all monitoring and reporting required under the LOA, including abiding by the U.S. Navy's Marine Species Monitoring Program for the MITT Study Area. Details on program goals, objectives, project selection process, and current projects are available at www.navymarinespeciesmonitoring.us. (c) Notification of injured, live stranded, or dead marine mammals. Navy personnel must consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-mariana-islands-training-and-testing-mitt. (d) Annual MITT Study Area marine species monitoring report. The Navy must submit an annual report to NMFS of the MITT Study Area monitoring which will be included in a Pacific-wide monitoring report including results specific to the MITT Study Area describing the implementation and results from the previous calendar year. Data collection methods will be standardized across Pacific Range Complexes including the MITT, HSTT, NWTT, and Gulf of Alaska (GOA) Study Areas to the best extent practicable, to allow for comparison in different geographic locations. The report must be submitted to the Director, Office of Protected Resources, NMFS, either within three months after the end of the calendar year, or within three months after the conclusion of the monitoring year, to be determined by the Adaptive Management process. NMFS will submit comments or questions on the draft monitoring report, if any, within three months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or three months after the submittal of the draft if NMFS does not provide comments on the draft report. Such a report will describe progress of knowledge made with respect to monitoring study questions across multiple Navy ranges associated with the ICMP. Similar study questions must be treated together so that progress on each topic can be summarized across multiple Navy ranges. The report need not include analyses and content that does not provide direct assessment of cumulative progress on the monitoring study question. This will continue to allow the Navy to provide a cohesive monitoring report covering multiple ranges (as per ICMP goals), rather than entirely separate reports for the MITT, Hawaii-Southern California, Gulf of Alaska, and Northwest Training and Testing Study Areas. (e) Annual MITT Study Area Training and Testing Exercise Report. Each year, the Navy must submit a preliminary report (Quick Look Report) detailing the status of authorized sound sources within 21 days after the anniversary of the date of issuance of the LOA to the Director, Office of Protected Resources, NMFS. The Navy must also submit a detailed report (MITT Annual Training and Testing Exercise Report) to the Director, Office of Protected Resources, NMFS, within three months after the one-year anniversary of the date of issuance of the LOA. The MITT Annual Training and Testing Exercise Report can be consolidated with other exercise reports from other range complexes in the Pacific Ocean for a single Pacific Exercise Report, if desired. NMFS will submit comments or questions on the report, if any, within one month of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or one month after submittal of the draft if NMFS does not provide comments on the draft report. The annual will contain information on major training exercises (MTEs), Sinking Exercise (SINKEX) events, and a summary of all sound sources used (total hours or quantity of each bin of sonar or other non-impulsive source; total annual number of each type of explosive exercises; and total annual expended/detonated rounds (missiles, bombs, sonobuoys, etc.) for each explosive bin). The annual report will also contain information on sound sources used including within specific mitigation reporting areas as described in paragraph (e)(4) of this section. The annual report will also contain both the current year's data as well as cumulative sonar and explosive use quantity from previous years' reports. Additionally, if there were any changes to the sound source allowance in a given year, or cumulatively, the report will include a discussion of why the change was made and include analysis to support how the change did or did not affect the analysis in the 2020 MITT FSEIS/OEIS and MMPA final rule. The annual report will also include the details regarding specific requirements associated with specific mitigation areas. The final annual/close-out report at the conclusion of the authorization period (year seven) will serve as the comprehensive close-out report and include both the final year annual use compared to annual authorization as well as a cumulative seven-year annual use compared to seven-year authorization. The detailed reports must contain the information identified in paragraphs (e)(1) through (6) of this section. (1) MTEs. This section of the report must contain the following information for MTEs conducted in the MITT Study Area. (i) Exercise information for each MTE. (A) Exercise designator. (B) Date that exercise began and ended. (C) Location. (D) Number and types of active sonar sources used in exercise. (E) Number and types of passive acoustic sources used in exercise. (F) Number and types of vessels, aircraft, and other platforms participating in exercise. (G) Total hours of all active sonar source operation. (H) Total hours of each active sonar source bin. (I) Wave height (high, low, and average) during exercise. (ii) Individual marine mammal sighting information for each sighting in each exercise where mitigation was implemented. (A) Date/Time/Location of sighting. (B) Species (if not possible, indication of whale or dolphin). (C) Number of individuals. (D) Initial Detection Sensor ( e.g., sonar, Lookout). (E) Indication of specific type of platform observation was made from (including, for example, what type of surface vessel or testing platform). (F) Length of time observers maintained visual contact with marine mammal. (G) Sea state. (H) Visibility. (I) Sound source in use at the time of sighting. (J) Indication of whether the animal was less than 200 yd, 200 to 500 yd, 500 to 1,000 yd, 1,000 to 2,000 yd, or greater than 2,000 yd from sonar source. (K) Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and how long the delay. (L) If source in use was hull-mounted, true bearing of animal from the vessel, true direction of vessel's travel, and estimation of animal's motion relative to vessel (opening, closing, parallel). (M) Lookouts must report, in plain language and without trying to categorize in any way, the observed behavior of the animal(s) (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc.) and if any calves were present. (iii) An evaluation (based on data gathered during all of the MTEs) of the effectiveness of mitigation measures designed to minimize the received level to which marine mammals may be exposed. This evaluation must identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation. (2) SINKEXs. This section of the report must include the following information for each SINKEX completed that year. (i) Exercise information gathered for each SINKEX. (A) Location. (B) Date and time exercise began and ended. (C) Total hours of observation by Lookouts before, during, and after exercise. (D) Total number and types of explosive source bins detonated. (E) Number and types of passive acoustic sources used in exercise. (F) Total hours of passive acoustic search time. (G) Number and types of vessels, aircraft, and other platforms, participating in exercise. (H) Wave height in feet (high, low, and average) during exercise. (I) Narrative description of sensors and platforms utilized for marine mammal detection and timeline illustrating how marine mammal detection was conducted. (ii) Individual marine mammal observation (by Navy Lookouts) information for each sighting where mitigation was implemented. (A) Date/Time/Location of sighting. (B) Species (if not possible, indicate whale or dolphin). (C) Number of individuals. (D) Initial detection sensor ( e.g., sonar or Lookout). (E) Length of time observers maintained visual contact with marine mammal. (F) Sea state. (G) Visibility. (H) Whether sighting was before, during, or after detonations/exercise, and how many minutes before or after. (I) Distance of marine mammal from actual detonations (or target spot if not yet detonated): Less than 200 yd, 200 to 500 yd, 500 to 1,000 yd, 1,000 to 2,000 yd, or greater than 2,000 yd. (J) Lookouts must report, in plain language and without trying to categorize in any way, the observed behavior of the animal(s) (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming etc.), including speed and direction and if any calves were present. (K) The report must indicate whether explosive detonations were delayed, ceased, modified, or not modified due to marine mammal presence and for how long. (L) If observation occurred while explosives were detonating in the water, indicate munition type in use at time of marine mammal detection. (3) Summary of sources used. This section of the report must include the following information summarized from the authorized sound sources used in all training and testing events: (i) Total annual hours or quantity (per the LOA) of each bin of sonar or other transducers; and (ii) Total annual expended/detonated ordnance (missiles, bombs, sonobuoys, etc.) for each explosive bin. (4) Marpi Reef and Chalan Kanoa Reef Geographic Mitigation Areas. The Navy must report any active sonar use (all bins, by bin) between December 1 and April 30 that occurred as specifically described in these areas. Information included in the classified annual reports may be used to inform future adaptive management within the MITT Study Area. (5) Geographic information presentation. The reports must present an annual (and seasonal, where practical) depiction of training and testing bin usage geographically across the MITT Study Area. (6) Sonar exercise notification. The Navy must submit to NMFS (contact as specified in the LOA) an electronic report within fifteen calendar days after the completion of any MTE indicating: (i) Location of the exercise; (ii) Beginning and end dates of the exercise; and (iii) Type of exercise. (f) Final Close-Out Report. The final (year seven) draft annual/close-out report must be submitted within three months after the expiration of this subpart to the Director, Office of Protected Resources, NMFS. NMFS must submit comments on the draft close-out report, if any, within three months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or three months after the submittal of the draft if NMFS does not provide comments." 50:50:10.0.1.3.4.7.1.7,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,J,Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT),,§ 218.96 Letters of Authorization.,NOAA,,,,"(a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy must apply for and obtain an LOA in accordance with § 216.106 of this section. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed July 30, 2027. (c) If an LOA expires prior to July 30, 2027, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.97(c)(1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in § 218.97. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (f) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination." 50:50:10.0.1.3.4.7.1.8,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,J,Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT),,§ 218.97 Renewals and modifications of Letters of Authorization.,NOAA,,,,"(a) An LOA issued under §§ 216.106 of this section and 218.96 for the activity identified in § 218.90(c) may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA(s) were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), NMFS may publish a notice of planned LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this section and 218.96 may be modified by NMFS under the following circumstances: (1) Adaptive management. After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's annual monitoring report and annual exercise report from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; (C) Results from specific stranding investigations; or (D) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations in this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of planned LOA in the Federal Register and solicit public comment. (2) Emergencies. If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this section and 218.96, an LOA may be modified without prior notice or opportunity for public comment. Notice will be published in the Federal Register within thirty days of the action." 50:50:10.0.1.3.4.9.1.1,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,O,Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT),,§ 218.140 Specified activity and geographical region.,NOAA,,,,"(a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the Navy under this subpart may be authorized in Letters of Authorization (LOAs) only if it occurs within the NWTT Study Area. The NWTT Study Area is composed of established maritime operating and warning areas in the eastern North Pacific Ocean region, including areas of the Strait of Juan de Fuca, Puget Sound, and Western Behm Canal in southeastern Alaska. The Study Area includes air and water space within and outside Washington state waters, and outside state waters of Oregon and Northern California. The eastern boundary of the Offshore Area portion of the Study Area is 12 nautical miles (nmi) off the coastline for most of the Study Area starting south of W-237, including southern Washington, Oregon, and Northern California. The Offshore Area includes the ocean all the way to the coastline only along that part of the Washington coast that lies beneath the airspace of W-237 and the Olympic Military Operations Area. The Quinault Range Site is a defined area of sea space where training and testing is conducted. The Quinault Range Site coincides with the boundaries of W-237A and also includes a surf zone component. The surf zone component extends north to south 5 nmi along the eastern boundary of W-237A, extends approximately 3 nmi to shore along the mean lower low water line, and encompasses 1 mile (1.6 kilometers) of shoreline at Pacific Beach, Washington. The Study Area includes four existing range complexes and facilities: the Northwest Training Range Complex (NWTRC), the Keyport Range Complex, the Carr Inlet Operations Area, and the Southeast Alaska Acoustic Measurement Facility (SEAFAC). In addition to these range complexes, the Study Area also includes Navy pierside locations where sonar maintenance and testing occurs as part of overhaul, modernization, maintenance, and repair activities at Naval Base Kitsap, Bremerton; Naval Base Kitsap, Bangor; and Naval Station Everett. (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training and testing activities, including: (1) Anti-submarine warfare; (2) Mine warfare; (3) Surface warfare; (4) Unmanned systems; (5) Vessel evaluation; and (6) Other training and testing activities." 50:50:10.0.1.3.4.9.1.2,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,O,Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT),,§ 218.141 Effective dates.,NOAA,,,,"Regulations in this subpart are effective from November 9, 2020, through November 8, 2027." 50:50:10.0.1.3.4.9.1.3,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,O,Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT),,§ 218.142 Permissible methods of taking.,NOAA,,,,"(a) Under LOAs issued pursuant to §§ 216.106 of this chapter and 218.146, the Holder of the LOAs (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.140(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs. (b) The incidental take of marine mammals by the activities listed in § 218.140(c) is limited to the following species: Table 1 to Paragraph ( b )" 50:50:10.0.1.3.4.9.1.4,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,O,Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT),,§ 218.143 Prohibitions.,NOAA,,,,"(a) Notwithstanding incidental takings contemplated in § 218.142(a) and authorized by LOAs issued under §§ 216.106 of this chapter and 218.146, no person in connection with the activities listed in § 218.140(c) may: (1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 218.146; (2) Take any marine mammal not specified in § 218.142(b); (3) Take any marine mammal specified in § 218.142(b) in any manner other than as specified in the LOAs; or (4) Take a marine mammal specified in § 218.142(b) if NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal. (b) [Reserved]" 50:50:10.0.1.3.4.9.1.5,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,O,Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT),,§ 218.144 Mitigation requirements.,NOAA,,,,"(a) When conducting the activities identified in § 218.140(c), the mitigation measures contained in any LOAs issued under §§ 216.106 of this chapter and 218.146 must be implemented. These mitigation measures include, but are not limited to: (1) Procedural mitigation. Procedural mitigation is mitigation that the Navy must implement whenever and wherever an applicable training or testing activity takes place within the NWTT Study Area for each applicable activity category or stressor category and includes acoustic stressors ( i.e., active sonar, weapons firing noise), explosive stressors ( i.e., sonobuoys, torpedoes, medium-caliber and large-caliber projectiles, missiles, bombs, Mine Countermeasure and Neutralization activities, mine neutralization involving Navy divers), and physical disturbance and strike stressors ( i.e., vessel movement, towed in-water devices, small-, medium-, and large-caliber non-explosive practice munitions, non-explosive missiles, non-explosive bombs and mine shapes). (i) Environmental awareness and education. Appropriate Navy personnel (including civilian personnel) involved in mitigation and training or testing activity reporting under the specified activities will complete the environmental compliance training modules identified in their career path training plan, as specified in the LOAs. (ii) Active sonar. Active sonar includes low-frequency active sonar, mid-frequency active sonar, and high-frequency active sonar. For vessel-based active sonar activities, mitigation applies only to sources that are positively controlled and deployed from manned surface vessels ( e.g., sonar sources towed from manned surface platforms). For aircraft-based active sonar activities, mitigation applies only to sources that are positively controlled and deployed from manned aircraft that do not operate at high altitudes ( e.g., rotary-wing aircraft). Mitigation does not apply to active sonar sources deployed from unmanned aircraft or aircraft operating at high altitudes ( e.g., maritime patrol aircraft). (A) Number of Lookouts and observation platform for hull-mounted sources. For hull-mounted sources, the Navy must have one Lookout for platforms with space or manning restrictions while underway (at the forward part of a small boat or ship) and platforms using active sonar while moored or at anchor (including pierside), and two Lookouts for platforms without space or manning restrictions while underway (at the forward part of the ship). (B) Number of Lookouts and observation platform for sources not hull-mounted. For sources that are not hull-mounted, the Navy must have one Lookout on the ship or aircraft conducting the activity. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of active sonar transmission until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(ii)(F) are met for marine mammals. (D) During activity for low-frequency active sonar at 200 decibels (dB) and hull-mounted mid-frequency active sonar. During the activity, for low-frequency active sonar at 200 dB and hull-mounted mid-frequency active sonar, Navy personnel must observe the following mitigation zones for marine mammals. ( 1 ) Powerdowns for marine mammals. Navy personnel must power down active sonar transmission by 6 dB if marine mammals are observed within 1,000 yard (yd) of the sonar source; Navy personnel must power down an additional 4 dB (10 dB total) if marine mammals are observed within 500 yd of the sonar source. ( 2 ) Shutdowns for marine mammals. Navy personnel must cease transmission if cetaceans are observed within 200 yd of the sonar source in any location in the Study Area; Navy personnel must cease transmission if pinnipeds in the NWTT Offshore Area or Western Behm Canal are observed within 200 yd of the sonar source and cease transmission if pinnipeds in NWTT Inland Waters are observed within 100 yd of the sonar source (except if hauled out on, or in the water near, man-made structures and vessels). (E) During activity for low-frequency active sonar below 200 dB, mid-frequency active sonar not hull-mounted, and high-frequency sonar. During the activity, for low-frequency active sonar below 200 dB, mid-frequency active sonar sources that are not hull-mounted, and high-frequency sonar, Navy personnel must observe the following mitigation zones for marine mammals. Navy personnel must cease transmission if cetaceans are observed within 200 yd of the sonar source in any location in the Study Area. Navy personnel must cease transmission if pinnipeds in the NWTT Offshore Area or Western Behm Canal are observed within 200 yd of the sonar source. Navy personnel must cease transmission if pinnipeds in NWTT Inland Waters are observed within 100 yd of the sonar source (except if hauled out on, or in the water near, man-made structures and vessels). (F) Co mmencement/recommencement conditions after marine mammal sighting before or during 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 or powering up active sonar transmission) until one of the following conditions has been met: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. The animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the sonar source; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 10 minutes (min) for aircraft-deployed sonar sources or 30 min for vessel-deployed sonar sources; ( 4 ) Sonar source transit. For mobile activities, the active sonar source has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting; or ( 5 ) Bow-riding dolphins. For activities using hull-mounted sonar, the Lookout concludes that dolphins are deliberately closing in on the ship to ride the ship's bow wave, and are therefore out of the main transmission axis of the sonar (and there are no other marine mammal sightings within the mitigation zone). (iii) Weapons firing noise. Weapons firing noise associated with large-caliber gunnery activities. (A) Number of Lookouts and observation platform. One Lookout must be positioned on the ship conducting the firing. Depending on the activity, the Lookout could be the same as the one described for “Explosive medium-caliber and large-caliber projectiles” or for “Small-, medium-, and large-caliber non-explosive practice munitions” in paragraphs (a)(1)(vi)(A) and (a)(1)(xiii)(A) of this section. (B) Mitigation zone. Thirty degrees on either side of the firing line out to 70 yd from the muzzle of the weapon being fired. (C) Prior to activity. Prior to the initial start of the activity, Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or a marine mammal is observed, Navy personnel must relocate or delay the start of weapons firing until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(iii)(E) of this section are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease weapons firing. (E) Commencement/recommencement conditions after marine mammal sighting before or during 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 weapons firing) until one of the following conditions has been met: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. The animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the firing ship; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 30 min; or ( 4 ) Firing ship transit. For mobile activities, the firing ship has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (iv) Explosive sonobuoys. (A) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft or on a small boat. If additional platforms are participating in the activity, Navy personnel positioned in those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for applicable biological resources, including marine mammals, while performing their regular duties. (B) Mitigation zone. 600 yd around an explosive sonobuoy. (C) Prior to activity. Prior to the initial start of the activity ( e.g., during deployment of a sonobuoy field, which typically lasts 20-30 min), Navy personnel must conduct passive acoustic monitoring for marine mammals; personnel must use information from detections to assist visual observations. Navy personnel also must visually observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or a marine mammal is observed, Navy personnel must relocate or delay the start of sonobuoy or source/receiver pair detonations until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(iv)(E) of this section are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease sonobuoy or source/receiver pair detonations. (E) Commencement/recommencement conditions after marine mammal sighting before or during 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 detonations) until one of the following conditions has been met: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. The animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the sonobuoy; or ( 3 ) Clear from additional sightings. 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. (F) After activity. 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. (v) Explosive torpedoes. (A) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. If additional platforms are participating in the activity, Navy personnel positioned in those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for applicable biological resources, including marine mammals, while performing their regular duties. (B) Mitigation zone. 2,100 yd around the intended impact location. (C) Prior to activity. Prior to the initial start of the activity ( e.g., during deployment of the target), Navy personnel must conduct passive acoustic monitoring for marine mammals; personnel must use the information from detections to assist visual observations. Navy personnel also must visually observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or a marine mammal is observed, Navy personnel must relocate or delay the start of firing until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(v)(E) of this section are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (E) Commencement/recommencement conditions after marine mammal sighting before or during 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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 ( 3 ) Clear from additional sightings. 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. (F) After activity. 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. (vi) Explosive medium-caliber and large-caliber projectiles. Gunnery activities using explosive medium-caliber and large-caliber projectiles. Mitigation applies to activities using a surface target. (A) Number of Lookouts and observation platform. One Lookout must be on the vessel conducting the activity. For activities using explosive large-caliber projectiles, depending on the activity, the Lookout could be the same as the one described for “Weapons firing noise” in paragraph (a)(1)(iii)(A) of this section. If additional platforms are participating in the activity, Navy personnel positioned in those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for applicable biological resources, including marine mammals, while performing their regular duties. (B) Mitigation zones. 600 yd around the intended impact location for explosive medium-caliber projectiles. 1,000 yd around the intended impact location for explosive large-caliber projectiles. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of firing until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(vi)(E) of this section are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (E) Commencement/recommencement conditions after marine mammal sighting before or during 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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; ( 3 ) Clear of additional sightings. The mitigation zone has been clear from any additional sightings for 30 min for vessel-based firing; or ( 4 ) Impact location transit. For activities using mobile targets, the intended impact location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (F) After activity. 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. (vii) Explosive missiles. Aircraft-deployed explosive missiles. Mitigation applies to activities using a surface target. (A) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. If additional platforms are participating in the activity, Navy personnel positioned in those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for applicable biological resources, including marine mammals, while performing their regular duties. (B) Mitigation zone. 2,000 yd around the intended impact location. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of firing until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(vii)(E) of this section are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (E) Commencement/recommencement conditions after marine mammal sighting before or during 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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 ( 3 ) Clear of additional sightings. 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. (F) After activity. 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. (viii) Explosive bombs. (A) 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 in those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for applicable biological resources, including marine mammals, while performing their regular duties. (B) Mitigation zone. 2,500 yd around the intended target. (C) Prior to activity. 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 a marine mammals is observed, Navy personnel must relocate or delay the start of bomb deployment until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(viii)(E) of this section are met for marine mammals. (D) During activity. During the activity ( e.g., during target approach), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease bomb deployment. (E) Commencement/recommencement conditions after marine mammal sighting before or during 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 10 min; or ( 4 ) Intended target transit. 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. (F) After activity. 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. (ix) Explosive Mine Countermeasure and Neutralization activities. (A) Number of Lookouts and observation platform. One Lookout must be positioned on a vessel or in an aircraft when implementing the smaller mitigation zone. Two Lookouts must be positioned (one in an aircraft and one on a small boat) when implementing the larger mitigation zone. If additional platforms are participating in the activity, Navy personnel positioned in those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for applicable biological resources, including marine mammals, while performing their regular duties. (B) Mitigation zones. 600 yd around the detonation site for activities using ≤5 lb net explosive weight. 2,100 yd around the detonation site for activities using >5-60 lb net explosive weight. (C) Prior to activity. Prior to the initial start of the activity ( e.g., when maneuvering on station; typically, 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), Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or a marine mammal is observed, Navy personnel must relocate or delay the start of detonations until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(ix)(E) are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease detonations. Navy personnel must use the smallest practicable charge size for each activity. Navy personnel must conduct activities in daylight hours only and in Beaufort Sea state number 3 conditions or less. (E) Commencement/recommencement conditions after marine mammal sighting before or during 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 detonations) until one of the following conditions has been met: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. The animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the detonation site; or ( 3 ) Clear from additional sightings. 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. (F) After activity. After completion of the activity (typically 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), Navy personnel must 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. (x) Explosive mine neutralization activities involving Navy divers. (A) Number of Lookouts and observation platform. ( 1 ) Lookouts on small boats. Two Lookouts on two small boats with one Lookout each, one of which must be a Navy biologist. ( 2 ) Divers. All divers placing the charges on mines must support the Lookouts while performing their regular duties and report applicable sightings to the lead Lookout, the supporting small boat, or the Range Safety Officer. ( 3 ) Additional platforms. If additional platforms are participating in the activity, Navy personnel positioned in those assets ( e.g., safety observers, evaluators) must support observing the mitigation zone for applicable biological resources, including marine mammals, while performing their regular duties. (B) Mitigation zone. 500 yd around the detonation site during activities using > 0.5-2.5 lb net explosive weight. (C) Prior to activity. Prior to the initial start of the activity (starting 30 min before the first planned detonation), Navy personnel must observe the mitigation zone for floating vegetation and marine mammals; if floating vegetation or a marine mammal is observed, Navy personnel must relocate or delay the start of detonations until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(x)(E) are met for marine mammals. A Navy biologist must serve as the lead Lookout and must make the final determination that the mitigation zone is clear of any floating vegetation or marine mammals, prior to the commencement of a detonation. The Navy biologist must maintain radio communication with the unit conducting the event and the other Lookout. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease detonations. To the maximum extent practicable depending on mission requirements, safety, and environmental conditions, Navy personnel must position boats near the midpoint of the mitigation zone radius (but outside of the detonation plume and human safety zone), must position themselves on opposite sides of the detonation location, and must travel in a circular pattern around the detonation location with one Lookout observing inward toward the detonation site and the other observing outward toward the perimeter of the mitigation zone. Navy personnel must only use positively controlled charges ( i.e., no time-delay fuses). Navy personnel must use the smallest practicable charge size for each activity. All activities must be conducted in Beaufort sea state number 2 conditions or better and must not be conducted in low visibility conditions. (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. Navy personnel must allow a sighted animal to leave the mitigation zone prior to the initial start of the activity (by delaying the start to ensure the mitigation zone is clear for 30 min) or during the activity (by not recommencing detonations) until one of the following conditions has been met: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. The animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the detonation site; or ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 30 min. (F) After activity. After each detonation and completion of an activity, the Navy must observe for marine mammals for 30 min in the vicinity of where detonations occurred and immediately downstream of the detonation location; 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. (xi) Vessel movement. The mitigation will not be applied if: The vessel's 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, and during Transit Protection Program exercises or other events involving escort vessels); the vessel is submerged or operated autonomously; or when impractical based on mission requirements ( e.g., during test body retrieval by range craft). (A) Number of Lookouts and observation platform. One Lookout must be on the vessel that is underway. (B) Mitigation zones. ( 1 ) Whales. 500 yd around whales. ( 2 ) Marine mammals other than whales: Surface vessels. 200 yd around marine mammals other than whales (except bow-riding dolphins and pinnipeds hauled out on man-made navigational structures, port structures, and vessels) for surface vessels (which do not include small boats). ( 3 ) Marine mammals other than whales: Small boats. 100 yd around marine mammals other than whales (except bow-riding dolphins and pinnipeds hauled out on man-made navigational structures, port structures, and vessels) for small boats, such as range craft. (C) During 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. (D) Incident reporting procedures. If a marine mammal vessel strike occurs, Navy personnel must follow the established incident reporting procedures. (xii) Towed in-water devices. Mitigation applies to devices that are towed from a manned surface platform or manned aircraft, or when a manned support craft is already participating in an activity involving in-water devices being towed by unmanned platforms. The mitigation will not be applied if the safety of the towing platform or in-water device is threatened. (A) Number of Lookouts and observation platform. One Lookout must be positioned on a manned towing platform or support craft. (B) Mitigation zones. ( 1 ) Mitigation zone: In-water devices towed by aircraft or surface ships. 250 yd around marine mammals (except bow-riding dolphins and pinnipeds hauled out on man-made navigational structures, port structures, and vessels) for in-water devices towed by aircraft or surface ships. ( 2 ) Mitigation zone: In-water devices towed by small boats. 100 yd around marine mammals (except bow-riding dolphins and pinnipeds hauled out on man-made navigational structures, port structures, and vessels) for in-water devices towed by small boats, such as range craft. (C) During activity. During the activity ( i.e., when towing an in-water device), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must maneuver to maintain distance. (xiii) Small-, medium-, and large-caliber non-explosive practice munitions. Gunnery activities using small-, medium-, and large-caliber non-explosive practice munitions. Mitigation applies to activities using a surface target. (A) 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 (a)(1)(iii)(A) of this section. (B) Mitigation zone. 200 yd around the intended impact location. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(xiii)(E) are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (E) Commencement/recommencement conditions after marine mammal sighting before or during 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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; ( 3 ) Clear of additional sightings. 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 ( 4 ) Impact location transit. 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. (xiv) Non-explosive missiles. Aircraft-deployed non-explosive missiles. Mitigation applies to activities using a surface target. (A) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. (B) Mitigation zone. 900 yd around the intended impact location. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of firing until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(xiv)(E) of this section are met for marine mammals. (D) During activity. During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (E) Commencement/recommencement conditions after marine mammal sighting prior to or during 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: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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 ( 3 ) Clear from additional sightings. 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. (xv) Non-explosive bombs and mine shapes. Non-explosive bombs and non-explosive mine shapes during mine laying activities. (A) Number of Lookouts and observation platform. One Lookout must be positioned in an aircraft. (B) Mitigation zone. 1,000 yd around the intended target. (C) Prior to activity. 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 a marine mammal is observed, Navy personnel must relocate or delay the start of bomb deployment or mine laying until the mitigation zone is clear of floating vegetation or until the conditions in paragraph (a)(1)(xv)(E) of this section are met for marine mammals. (D) During activity. During the activity ( e.g., during approach of the target or intended minefield location), Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease bomb deployment or mine laying. (E) Commencement/recommencement conditions after marine mammal sighting prior to or during 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 or mine laying) until one of the following conditions has been met: ( 1 ) Observed exiting. The animal is observed exiting the mitigation zone; ( 2 ) Thought to have exited. 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; ( 3 ) Clear from additional sightings. The mitigation zone has been clear from any additional sightings for 10 min; or ( 4 ) Intended target transit. 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. (2) Mitigation areas. In addition to procedural mitigation, Navy personnel must implement mitigation measures within mitigation areas to avoid or reduce potential impacts on marine mammals. (i) Marine Species Coastal Mitigation Area (year round unless specified as seasonal). (A) Within 50 nmi from shore in the Marine Species Coastal Mitigation Area. ( 1 ) Prohibited activities. The Navy must not conduct: Explosive training activities; explosive testing activities (with the exception of explosive Mine Countermeasure and Neutralization Testing activities); and non-explosive missile training activities. ( 2 ) Seasonal awareness notification messages. The Navy must issue annual seasonal awareness notification messages to alert Navy ships and aircraft to the possible presence of increased concentrations of Southern Resident killer whales from December 1 to June 30, humpback whales from May 1 to December 31, and gray whales from May 1 to November 30. For safe navigation and to avoid interactions with large whales, the Navy must instruct vessels to remain vigilant to the presence of Southern Resident killer whales, humpback whales, and gray whales that may be vulnerable to vessel strikes or potential impacts from training and testing activities. Platforms must use the information from the awareness notification messages to assist their visual observation of applicable mitigation zones during training and testing activities and to aid in the implementation of procedural mitigation. (B) Within 20 nmi from shore in the Marine Species Coastal Mitigation Area. ( 1 ) Surface ship hull-mounted MF1 mid-frequency active sonar. The Navy must not conduct more than a total of 33 hours of surface ship hull-mounted MF1 mid-frequency active sonar during testing annually within 20 nmi from shore in the Marine Species Coastal Mitigation Area, in the Juan de Fuca Eddy Marine Species Mitigation Area, and in the Olympic Coast National Marine Sanctuary Mitigation Area combined. ( 2 ) Mine Countermeasure and Neutralization Testing from July 1 to September 30. To the maximum extent practical, the Navy must conduct explosive Mine Countermeasure and Neutralization Testing from July 1 to September 30 when operating within 20 nmi from shore. ( 3 ) Mine Countermeasure and Neutralization Testing from October 1 to June 30. From October 1 to June 30, the Navy must not conduct more than one explosive Mine Countermeasure and Neutralization Testing event, not to exceed the use of 20 explosives from bin E4 and 3 explosives from bin E7 annually, and not to exceed the use of 60 explosives from bin E4 and 9 explosives from bin E7 over the seven-year period of the rule. ( 4 ) Large-caliber gunnery training activities and non-explosive bombing training. The Navy must not conduct non-explosive large-caliber gunnery training activities and non-explosive bombing training activities. (C) Within 12 nmi from shore in the Marine Species Coastal Mitigation Area. ( 1 ) Anti-submarine warfare tracking exercise—helicopter,—maritime patrol aircraft,—ship, or—submarine training and anti-submarine warfare torpedo exercise—submarine training. The Navy must not conduct Anti-Submarine Warfare Tracking Exercise—Helicopter,—Maritime Patrol Aircraft,—Ship, or—Submarine training activities (which involve the use of mid-frequency or high-frequency active sonar) or non-explosive Anti-Submarine Warfare Torpedo Exercise—Submarine training activities (which involve the use of mid-frequency or high-frequency active sonar). ( 2 ) Unmanned Underwater Vehicle Training. The Navy must not conduct more than one Unmanned Underwater Vehicle Training event within 12 nmi from shore at the Quinault Range Site. In addition, Unmanned Underwater Vehicle Training events within 12 nmi from shore at the Quinault Range Site must be cancelled or moved to another training location if Southern Resident killer whales are detected at the planned training location during the event planning process, or immediately prior to the event, as applicable. ( 3 ) Explosive use during Mine Countermeasure and Neutralization testing. During explosive Mine Countermeasure and Neutralization Testing, the Navy must not use explosives in bin E7 closer than 6 nmi from shore in the Quinault Range Site. ( 4 ) Non-explosive small- and medium-caliber gunnery training. The Navy must not conduct non-explosive small- and medium-caliber gunnery training activities. (D) National security exception. Should national security require that the Navy cannot comply with the restrictions in paragraphs (a)(2)(i)(A)( 1 ); (a)(2)(i)(B); or (a)(2)(i)(C) of this section, Navy personnel must obtain permission from the appropriate designated Command authority prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include information about the event in its annual activity reports to NMFS. (ii) Olympic Coast National Marine Sanctuary Mitigation Area (year-round). (A) Surface ship hull-mounted MF1 mid-frequency active sonar during training. The Navy must not conduct more than 32 hours of surface ship hull-mounted MF1 mid-frequency active sonar during training annually. (B) Non-explosive bombing training. The Navy must not conduct non-explosive bombing training activities. (C) Surface ship hull-mounted MF1 mid-frequency active sonar during testing. The Navy must not conduct more than a total of 33 hours of surface ship hull-mounted MF1 mid-frequency active sonar during testing annually within 20 nmi from shore in the Marine Species Coastal Mitigation Area, in the Juan de Fuca Eddy Marine Species Mitigation Area, and in the Olympic Coast National Marine Sanctuary Mitigation Area combined. (D) Explosive Mine Countermeasure and Neutralization testing. The Navy must not conduct explosive Mine Countermeasure and Neutralization Testing activities. (E) National security exception. Should national security require that the Navy cannot comply with the restrictions in paragraphs (a)(2)(ii)(A), (B), (C), or (D) of this section, Navy personnel must obtain permission from the appropriate designated Command authority prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include information about the event in its annual activity reports to NMFS. (iii) Juan de Fuca Eddy Marine Species Mitigation Area (year-round). (A) Surface ship hull-mounted MF1 mid-frequency active sonar during testing. The Navy must not conduct more than a total of 33 hours of surface ship hull-mounted MF1 mid-frequency active sonar during testing annually within 20 nmi from shore in the Marine Species Coastal Mitigation Area, in the Juan de Fuca Eddy Marine Species Mitigation Area, and in the Olympic Coast National Marine Sanctuary Mitigation Area combined. (B) Explosive Mine Countermeasure and Neutralization testing. The Navy must not conduct explosive Mine Countermeasure and Neutralization Testing activities. (C) National security exception. Should national security require that the Navy cannot comply with the restrictions in paragraphs (a)(2)(iii)(A) or (B) of this section, Navy personnel must obtain permission from the appropriate designated Command authority prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include information about the event in its annual activity reports to NMFS. (iv) Stonewall and Heceta Bank Humpback Whale Mitigation Area (May 1-November 30). (A) Surface ship hull-mounted MF1 mid-frequency active sonar. The Navy must not use surface ship hull-mounted MF1 mid-frequency active sonar during training and testing from May 1 to November 30. (B) Explosive Mine Countermeasure and Neutralization testing. The Navy must not conduct explosive Mine Countermeasure and Neutralization testing from May 1 to November 30. (C) National security exception. Should national security require that the Navy cannot comply with the restrictions in paragraphs (a)(2)(iv)(A) or (B) of this section, Navy personnel must obtain permission from the appropriate designated Command authority prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include information about the event in its annual activity reports to NMFS. (v) Point St. George Humpback Whale Mitigation Area (July 1-November 30). (A) Surface ship hull-mounted MF1 mid-frequency active sonar. The Navy must not use surface ship hull-mounted MF1 mid-frequency active sonar during training or testing from July 1 to November 30. (B) Explosive Mine Countermeasure and Neutralization testing. The Navy must not conduct explosive Mine Countermeasure and Neutralization Testing from July 1 to November 30. (C) National security exception. Should national security require that the Navy cannot comply with the restrictions in paragraphs (a)(2)(v)(A) or (B) of this section, Navy personnel must obtain permission from the appropriate designated Command authority prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include information about the event in its annual activity reports to NMFS. (vi) Northern Puget Sound Gray Whale Mitigation Area (March 1-May 31). (A) Civilian port defense—homeland security anti-terrorism/force protection exercises. The Navy must not conduct Civilian Port Defense-Homeland Security Anti-Terrorism/Force Protection Exercises from March 1 to May 31. (B) National security exception. Should national security require that the Navy cannot comply with the restrictions in paragraph (a)(2)(vi)(A) of this section, Navy personnel must obtain permission from the appropriate designated Command authority prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include information about the event in its annual activity reports to NMFS. (vii) Puget Sound and Strait of Juan de Fuca Mitigation Area (year-round unless specified as seasonal). (A) Active sonar use. The Navy must not use low-frequency, mid-frequency, or high-frequency active sonar during training or testing within the Puget Sound and Strait of Juan de Fuca Mitigation Area, unless a required element ( i.e., a criterion necessary for the success of the event) necessitates that the activity be conducted in NWTT Inland Waters during: ( 1 ) Unmanned underwater vehicle training. ( 2 ) Civilian port defense—homeland security anti-terrorism/force protection exercises. ( 3 ) Activities conducted by Naval Sea Systems Command at designated locations. ( 4 ) Pierside sonar maintenance or testing at designated locations. (B) Active sonar source levels. The Navy must use the lowest active sonar source levels practical to successfully accomplish each event. Naval units must obtain permission from the appropriate designated Command authority prior to commencing pierside maintenance or testing with hull-mounted mid-frequency active sonar. (C) Unmanned underwater vehicle training. The Navy must not conduct more than one Unmanned Underwater Vehicle Training activity annually at the Navy 3 OPAREA, Navy 7 OPAREA, and Manchester Fuel Depot ( i.e., a maximum of one event at each location). (D) Use of explosives —( 1 ) Explosives during testing. The Navy must not use explosives during testing. ( 2 ) Explosives during training. The Navy must not use explosives during training except at the Hood Canal EOD Range and Crescent Harbor EOD Range during explosive mine neutralization activities involving the use of Navy divers. ( 3 ) Explosives in bin E4 or above. The Navy must not use explosives in bin E4 (>2.5-5 lb. net explosive weight) or above, and must instead use explosives in bin E0 (< 0.1 lb. net explosive weight) or bin E3 (>0.5-2.5 lb. net explosive weight). ( 4 ) Explosives in bin E3 during February, March, and April at the Hood Canal EOD Range. During February, March, and April at the Hood Canal EOD Range, the Navy must not use explosives in bin E3 (>0.5-2.5 lb. net explosive weight), and must instead use explosives in bin E0 (< 0.1 lb. net explosive weight). ( 5 ) Explosives in bin E3 during August, September, and October at the Hood Canal EOD Range. During August, September, and October at the Hood Canal EOD Range, the Navy must not use explosives in bin E3 (>0.5-2.5 lb. net explosive weight) and must instead use explosives in bin E0 (< 0.1 lb. net explosive weight) to the maximum extent practical unless necessitated by mission requirements. ( 6 ) Explosives at the Crescent Harbor EOD Range. At the Crescent Harbor EOD Range, the Navy must conduct explosive activities at least 1,000 m from the closest point of land. (E) Non-explosive live fire events. The Navy must not conduct non-explosive live fire events in the mitigation area (except firing blank weapons), including gunnery exercises, missile exercises, torpedo exercises, bombing exercises, and Kinetic Energy Weapon Testing. (F) Coordination with Navy biologists. Navy event planners must coordinate with Navy biologists during the event planning process prior to conducting the activities listed in paragraphs (a)(2)(vii)(F)( 1 ), ( 2 ), ( 3 ), and ( 4 ) of this section. Navy biologists must work with NMFS and must initiate communication with the appropriate marine mammal detection networks to determine the likelihood of applicable marine mammal species presence in the planned training location. Navy biologists must notify event planners of the likelihood of species presence. To the maximum extent practical, Navy planners must use this information when planning specific details of the event ( e.g., timing, location, duration) to avoid planning activities in locations or seasons where species presence is expected. The Navy must ensure environmental awareness of event participants. Environmental awareness will help alert participating crews to the possible presence of applicable species in the training location. Lookouts must use the information to assist visual observation of applicable mitigation zones and to aid in the implementation of procedural mitigation. Unmanned Underwater Vehicle Training events at the Navy 3 OPAREA, Manchester Fuel Depot, Crescent Harbor Explosive Ordnance Disposal Range, and Navy 7 OPAREA must be cancelled or moved to another training location if the presence of Southern Resident killer whales is reported through available monitoring networks during the event planning process, or immediately prior to the event, as applicable. ( 1 ) Unmanned underwater vehicle training. Unmanned Underwater Vehicle Training at the Navy 3 OPAREA, Manchester Fuel Depot, Crescent Harbor Explosive Ordnance Disposal Range, and Navy 7 OPAREA (for Southern Resident killer whales); ( 2 ) Civilian port defense—homeland security anti-terrorism/force protection exercises. Civilian Port Defense—Homeland Security Anti-Terrorism/Force Protection Exercises (for Southern Resident killer whales and gray whales); ( 3 ) Explosive mine neutralization activities involving the use of Navy divers. Explosive mine neutralization activities involving the use of Navy divers (for Southern Resident killer whales); and ( 4 ) Small boat attack exercises. Small Boat Attack Exercises, which involve firing blank small-caliber weapons (for Southern Resident killer whales and gray whales). (G) Seasonal awareness notification messages. The Navy must issue annual seasonal awareness notification messages to alert Navy ships and aircraft operating within the Puget Sound and Strait of Juan de Fuca Mitigation Area to the possible presence of concentrations of Southern Resident killer whales from July 1 to November 30 in Puget Sound and the Strait of Juan de Fuca, and concentrations of gray whales from March 1 to May 31 in the Strait of Juan de Fuca and northern Puget Sound. For safe navigation and to avoid interactions with large whales, the Navy must instruct vessels to remain vigilant to the presence of Southern Resident killer whales and gray whales that may be vulnerable to vessel strikes or potential impacts from training and testing activities. Platforms must use the information from the awareness notification messages to assist their visual observation of applicable mitigation zones during training and testing activities and to aid in the implementation of procedural mitigation. (H) National security exception. Should national security require that the Navy cannot comply with the restrictions in paragraphs (a)(2)(vii)(A), (B), (C), (D), or (E) of this section, Navy personnel must obtain permission from the appropriate designated Command authority prior to commencement of the activity. Navy personnel must provide NMFS with advance notification and include information about the event in its annual activity reports to NMFS. (3) Availability for Subsistence Use. The Navy must notify the following Alaskan Native communities of the issuance of Notices to Mariners of Navy operations that involve restricting access in the Western Behm Canal at least 72 hours in advance: Central Council of the Tlingit and Haida Indian Tribes, Ketchikan Indian Corporation, Organized Village of Saxman, and Metlakatla Indian Community, Annette Island Reserve. (b) [Reserved]" 50:50:10.0.1.3.4.9.1.6,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,O,Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT),,§ 218.145 Requirements for monitoring and reporting.,NOAA,,,,"(a) Notification of take. Navy personnel must notify NMFS immediately (or as soon as operational security considerations allow) if the specified activity identified in § 218.140 is thought to have resulted in the mortality or serious injury of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart. (b) Monitoring and reporting under the LOAs. The Navy must conduct all monitoring and reporting required under the LOAs, including abiding by the U.S. Navy's Marine Species Monitoring Program. Details on program goals, objectives, project selection process, and current projects are available at www.navymarinespeciesmonitoring.us. (c) Notification of injured, live stranded, or dead marine mammals. The Navy must consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. (d) Annual NWTT Study Area marine species monitoring report. The Navy must submit an annual report of the NWTT Study Area monitoring, which will be included in a Pacific-wide monitoring report including results specific to the NWTT Study Area, describing the implementation and results from the previous calendar year. Data collection methods must be standardized across Pacific Range Complexes including the Mariana Islands Training and Testing (MITT), Hawaii-Southern California Training and Testing (HSTT), NWTT, and Gulf of Alaska (GOA) Study Areas to allow for comparison in different geographic locations. The report must be submitted to the Director, Office of Protected Resources, NMFS, either within three months after the end of the calendar year, or within three months after the conclusion of the monitoring year, to be determined by the adaptive management process. NMFS will submit comments or questions on the report, if any, within three months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or three months after submittal of the draft if NMFS does not provide comments on the draft report. This report will describe progress of knowledge made with respect to intermediate scientific objectives within the NWTT Study Area associated with the Integrated Comprehensive Monitoring Program (ICMP). Similar study questions must be treated together so that progress on each topic can be summarized across all Navy ranges. The report need not include analyses and content that does not provide direct assessment of cumulative progress on the monitoring plan study questions. This will continue to allow the Navy to provide a cohesive monitoring report covering multiple ranges (as per ICMP goals), rather than entirely separate reports for the NWTT, HSTT, GOA, and MITT Study Areas. (e) NWTT Annual Training Exercise Report and Annual Testing Activity Report. Each year, the Navy must submit two preliminary reports (Quick Look Reports) detailing the status of applicable sound sources within 21 days after the anniversary of the date of issuance of each LOA to the Director, Office of Protected Resources, NMFS. The Navy must also submit detailed reports (NWTT Annual Training Exercise Report and Annual Testing Activity Report) to the Director, Office of Protected Resources, NMFS, within three months after the one-year anniversary of the date of issuance of the LOAs. NMFS will submit comments or questions on the reports, if any, within one month of receipt. The reports will be considered final after the Navy has addressed NMFS' comments, or one month after submittal of the draft if NMFS does not provide comments on the draft reports. The NWTT Annual Training Exercise Report and Annual Testing Activity Report can be consolidated with other exercise and activity reports from other range complexes in the Pacific Ocean for a single Pacific Training Exercise and Testing Activity Report, if desired. The annual reports must contain a summary of all sound sources used (total hours or quantity of each bin of sonar or other non-impulsive source; total annual number of each type of explosive; and total annual expended/detonated rounds (missiles, bombs, sonobuoys, etc. ) for each explosive bin). The annual reports will also contain both the current year's sonar and explosive use data as well as cumulative sonar and explosive use quantity from previous years' reports. Additionally, if there were any changes to the sound source allowance in a given year, or cumulatively, the report must include a discussion of why the change was made and include analysis to support how the change did or did not affect the analysis in the 2020 NWTT FSEIS/OEIS and MMPA final rule. The annual report must also include details regarding specific requirements associated with the mitigation areas listed in § 218.144(a)(2). The final annual/close-out report at the conclusion of the authorization period (year seven) will serve as the comprehensive close-out report and include both the final year annual incidental take compared to annual authorized incidental take as well as cumulative seven-year incidental take compared to seven-year authorized incidental take. The Annual Training Exercise Report and Annual Testing Activity Report must include the following information. (1) Summary of sources used. This section of the report must include the following information summarized from the authorized sound sources used in all training and testing events: (i) Sonar and other transducers. Total annual hours or quantity (per the LOA) of each bin of sonar or other transducers, and (ii) Explosives. Total annual expended/detonated ordinance (missiles, bombs, sonobuoys, etc.) for each explosive bin. (2) [Reserved] (f) Annual classified reports. Within the annual classified training exercise and testing activity reports, separate from the unclassified reports described in paragraphs (a) through (e) of this section, the Navy must specifically include the information described in paragraphs (f)(1) and (2) of this section. (1) Olympic Coast National Marine Sanctuary Mitigation Area. Total hours of authorized low-frequency, mid-frequency, and high-frequency active sonar (all bins, by bin) used during training and testing annually within the Olympic Coast National Marine Sanctuary Mitigation Area; and (2) Surface ship hull-mounted MF1 mid-frequency active sonar. Total hours of surface ship hull-mounted MF1 mid-frequency active sonar used in the following mitigation areas: (i) Testing annually in three combined areas. Testing annually within 20 nmi from shore in the Marine Species Coastal Mitigation Area, the Juan de Fuca Eddy Marine Species Mitigation Area, and the Olympic Coast National Marine Sanctuary Mitigation Area combined; (ii) Stonewall and Heceta Bank Humpback Whale Mitigation Area. Training and testing from May 1 to November 30 within the Stonewall and Heceta Bank Humpback Whale Mitigation Area; and (iii) Point St. George Humpback Whale Mitigation Area. Training and testing from July 1 to November 30 within the Point St. George Humpback Whale Mitigation Area. (g) Final close-out report. The final (year seven) draft annual/close-out report must be submitted within three months after the expiration of this subpart to the Director, Office of Protected Resources, NMFS. NMFS will submit comments on the draft close-out report, if any, within three months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or three months after submittal of the draft if NMFS does not provide comments." 50:50:10.0.1.3.4.9.1.7,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,O,Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT),,§ 218.146 Letters of Authorization.,NOAA,,,,"(a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy must apply for and obtain LOAs in accordance with § 216.106 of this chapter. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) If an LOA expires prior to the expiration date of this subpart, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.147(c)(1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in § 218.147. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species and stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (f) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination." 50:50:10.0.1.3.4.9.1.8,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,O,Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT),,§ 218.147 Renewals and modifications of Letters of Authorization.,NOAA,,,,"(a) An LOA issued under §§ 216.106 of this chapter and 218.146 for the activity identified in § 218.140(c) may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or stock or years), NMFS may publish a notice of planned LOA in the Federal Register , including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.146 may be modified by NMFS under the following circumstances: (1) After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring, as part of an adaptive management process. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's monitoring report and annual exercise reports from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of planned LOA in the Federal Register and solicit public comment. (2) If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.146, an LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register within 30 days of the action." 50:50:10.0.1.3.4.9.1.9,50,Wildlife and Fisheries,II,C,218,PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS,O,Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT),,§ 218.148 [Reserved],NOAA,,,,