{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 217 and title_number = 50 sorted by section_id", "rows": [["50:50:10.0.1.3.3.1.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "A", "Subpart A\u2014Taking Marine Mammals Incidental to Russian River Estuary Management Activities", "", "\u00a7 217.1 Specified activity and specified geographical region.", "NOAA", "", "", "", "(a) Regulations in this subpart apply only to the Sonoma County Water Agency (SCWA) and those persons it authorizes or funds to conduct activities on its behalf for the taking of marine mammals that occurs in the area outlined in paragraph (b) of this section and that occurs incidental to estuary management activities.\n\n(b) The taking of marine mammals by SCWA may be authorized in a Letter of Authorization (LOA) only if it occurs at Goat Rock State Beach or in the Russian River estuary in California."], ["50:50:10.0.1.3.3.1.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "A", "Subpart A\u2014Taking Marine Mammals Incidental to Russian River Estuary Management Activities", "", "\u00a7 217.2 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective from April 21, 2022, through April 20, 2027."], ["50:50:10.0.1.3.3.1.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "A", "Subpart A\u2014Taking Marine Mammals Incidental to Russian River Estuary Management Activities", "", "\u00a7 217.3 Permissible methods of taking.", "NOAA", "", "", "", "(a) Under LOAs issued pursuant to \u00a7\u00a7 216.106 of this chapter and 217.7, the Holder of the LOA (hereinafter \u201cSCWA\u201d) may incidentally, but not intentionally, take marine mammals within the area described in \u00a7 217.1(b) of this chapter by Level B harassment associated with estuary management activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA.\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.1.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "A", "Subpart A\u2014Taking Marine Mammals Incidental to Russian River Estuary Management Activities", "", "\u00a7 217.4 Prohibitions.", "NOAA", "", "", "", "Except for the takings contemplated in \u00a7 217.3 and authorized by an LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.7, it is unlawful for any person to do any of the following in connection with the activities described in \u00a7 217.1 of this chapter:\n\n(a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.7;\n\n(b) Take any marine mammal not specified in such LOAs;\n\n(c) Take any marine mammal specified in such LOAs in any manner other than as specified;\n\n(d) Take a marine mammal specified in such LOAs if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or\n\n(e) Take a marine mammal specified in such LOAs 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."], ["50:50:10.0.1.3.3.1.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "A", "Subpart A\u2014Taking Marine Mammals Incidental to Russian River Estuary Management Activities", "", "\u00a7 217.5 Mitigation requirements.", "NOAA", "", "", "", "When conducting the activities identified in \u00a7 217.1(a), the mitigation measures contained in any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.7 must be implemented. These mitigation measures shall include but are not limited to:\n\n(a) General conditions:\n\n(1) A copy of any issued LOA must be in the possession of SCWA, its designees, and work crew personnel operating under the authority of the issued LOA.\n\n(2) If SCWA observes a pup that may be abandoned, it shall contact the National Marine Fisheries Service (NMFS) West Coast Regional Stranding Coordinator immediately and also report the incident to NMFS Office of Protected Resources within 48 hours. Observers shall not approach or move the pup.\n\n(b) SCWA crews shall cautiously approach the haul-out ahead of heavy equipment.\n\n(c) SCWA staff shall avoid walking or driving equipment through the seal haul-out.\n\n(d) Crews on foot shall make an effort to be seen by seals from a distance.\n\n(e) All work shall be completed as efficiently as possible and with the smallest amount of heavy equipment possible.\n\n(f) Boats operating near river haul-outs during monitoring shall be kept within posted speed limits and driven as far from the haul-outs as safely possible.\n\n(g) SCWA shall implement the following mitigation measures during pupping season (March 15-June 30):\n\n(1) SCWA shall maintain a one week no-work period between water level management events (unless flooding is an immediate threat) to allow for an adequate disturbance recovery period. During the no-work period, equipment must be removed from the beach;\n\n(2) A water level management event may not occur for more than two consecutive days unless flooding threats cannot be controlled.\n\n(3) If a pup less than one week old is on the beach where heavy machinery will be used or on the path used to access the work location, the management action shall be delayed until the pup has left the site or the latest day possible to prevent flooding while still maintaining suitable fish rearing habitat. In the event that a pup remains present on the beach in the presence of flood risk, SCWA shall consult with NMFS and the California Department of Fish and Wildlife to determine the appropriate course of action. SCWA shall determine if pups less than one week old are on the beach prior to a breaching event.\n\n(4) Physical and biological monitoring shall not be conducted if a pup less than one week old is present at the monitoring site or on a path to the site."], ["50:50:10.0.1.3.3.1.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "A", "Subpart A\u2014Taking Marine Mammals Incidental to Russian River Estuary Management Activities", "", "\u00a7 217.6 Requirements for monitoring and reporting.", "NOAA", "", "", "", "(a) Monitoring and reporting shall be conducted in accordance with the approved Pinniped Monitoring Plan.\n\n(b) Reporting:\n\n(1) Annual reporting:\n\n(i) SCWA shall submit an annual summary report to NMFS not later than ninety days following the end of a given calendar year. SCWA shall provide a final report within thirty days following resolution of comments on the draft report.\n\n(ii) These reports shall contain, at minimum, the following:\n\n(A) The number of seals taken, by species and age class (if possible);\n\n(B) Behavior prior to and during water level management events;\n\n(C) Start and end time of activity;\n\n(D) Estimated distances between source and seals when disturbance occurs;\n\n(E) Weather conditions ( e.g., temperature, wind, etc.);\n\n(F) Haul-out reoccupation time of any seals based on post-activity monitoring;\n\n(G) Tide levels and estuary water surface elevation; and\n\n(H) Seal census from haul-out monitoring.\n\n(2) [Reserved]\n\n(c) Reporting of injured or dead marine mammals:\n\n(1) In the unanticipated event that the activity defined in \u00a7 217.1(a) clearly causes the take of a marine mammal in a prohibited manner, SCWA shall immediately cease such activity and report the incident to the Office of Protected Resources (OPR), NMFS and the West Coast Regional Stranding Coordinator, NMFS. Activities shall not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with SCWA to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. SCWA may not resume their activities until notified by NMFS. The report must include the following information:\n\n(i) Time and date of the incident;\n\n(ii) Description of the incident;\n\n(iii) Environmental conditions;\n\n(iv) Description of all marine mammal observations in the 24 hours preceding the incident;\n\n(v) Species identification or description of the animal(s) involved;\n\n(vi) Fate of the animal(s); and\n\n(vii) Photographs or video footage of the animal(s).\n\n(2) In the event that SCWA discovers an injured or dead marine mammal and determines that the cause of the injury or death is unknown and the death is relatively recent ( e.g., in less than a moderate state of decomposition), SCWA shall immediately report the incident to OPR and the West Coast Regional Stranding Coordinator, NMFS. The report must include the information identified in paragraph (c)(1) of this section. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with SCWA to determine whether additional mitigation measures or modifications to the activities are appropriate.\n\n(3) In the event that SCWA discovers an injured or dead marine mammal and determines that the injury or death is not associated with or related to the activities defined in \u00a7 217.1(a) ( e.g., previously wounded animal, carcass with moderate to advanced decomposition, scavenger damage), SCWA shall report the incident to OPR and the West Coast Regional Stranding Coordinator, NMFS, within 24 hours of the discovery. SCWA shall provide photographs or video footage or other documentation of the stranded animal sighting to NMFS.\n\n(4) Pursuant to paragraphs (c)(2-3) of this section, SCWA may use discretion in determining what injuries ( i.e., nature and severity) are appropriate for reporting. At minimum, SCWA must report those injuries considered to be serious ( i.e., will likely result in death) or that are likely caused by human interaction ( e.g., entanglement, gunshot). Also pursuant to sections paragraphs (c)(2-3) of this section, SCWA may use discretion in determining the appropriate vantage point for obtaining photographs of injured/dead marine mammals."], ["50:50:10.0.1.3.3.1.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "A", "Subpart A\u2014Taking Marine Mammals Incidental to Russian River Estuary Management Activities", "", "\u00a7 217.7 Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to these regulations, SCWA must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations.\n\n(c) If an LOA expires prior to the expiration date of these regulations, SCWA may apply for and obtain a renewal of the LOA.\n\n(d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, SCWA must apply for and obtain a modification of the LOA as described in \u00a7 217.8.\n\n(e) The LOA shall set forth:\n\n(1) Permissible methods of incidental taking;\n\n(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\n\n(3) Requirements for monitoring and reporting.\n\n(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.\n\n(g) Notice of issuance or denial of an LOA shall be published in the Federal Register within 30 days of a determination."], ["50:50:10.0.1.3.3.1.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "A", "Subpart A\u2014Taking Marine Mammals Incidental to Russian River Estuary Management Activities", "", "\u00a7 217.8 Renewals and modifications of Letters of Authorization.", "NOAA", "", "", "", "(a) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.7 for the activity identified in \u00a7 217.1(a) shall be renewed or modified upon request by the applicant, provided that:\n\n(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 (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section), and\n\n(2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented.\n\n(b) For an LOA modification or renewal requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting (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 proposed LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA.\n\n(c) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.7 for the activity identified in \u00a7 217.1(a) may be modified by NMFS under the following circumstances:\n\n(1) Adaptive Management\u2014NMFS may modify (including augment) the existing mitigation, monitoring, or reporting measures (after consulting with SCWA 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.\n\n(i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA:\n\n(A) Results from SCWA's monitoring from the previous year(s).\n\n(B) Results from other marine mammal and/or sound research or studies.\n\n(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.\n\n(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.\n\n(2) Emergencies\u2014If 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 \u00a7\u00a7 216.106 of this chapter and 217.7, 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."], ["50:50:10.0.1.3.3.1.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "A", "Subpart A\u2014Taking Marine Mammals Incidental to Russian River Estuary Management Activities", "", "\u00a7\u00a7 217.9-217.10 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.11.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "K", "Subpart K\u2014Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts", "", "\u00a7 217.100 Specified activity and specified geographical region.", "NOAA", "", "", "", "(a) Regulations in this subpart apply only to the University of California Santa Cruz's Multi-Agency Rocky Intertidal Network (UCSC/MARINe) and those persons it authorizes or funds to conduct activities on its behalf for the taking of marine mammals that occur in the areas outlined in paragraph (b) of this section and that occur incidental to rocky intertidal monitoring research surveys.\n\n(b) The taking of marine mammals by UCSC/MARINe may be authorized in a Letter of Authorization (LOA) only if it occurs on the coasts of Oregon or California."], ["50:50:10.0.1.3.3.11.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "K", "Subpart K\u2014Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts", "", "\u00a7 217.101 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective from June 26, 2025, through June 26, 2030."], ["50:50:10.0.1.3.3.11.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "K", "Subpart K\u2014Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts", "", "\u00a7 217.102 Permissible methods of taking.", "NOAA", "", "", "", "Under LOAs issued pursuant to \u00a7\u00a7 216.106 of this chapter and 217.106, the Holder of the LOA (hereinafter \u201cUCSC/MARINe\u201d) may incidentally, but not intentionally, take marine mammals within the area described in \u00a7 217.100 (b) by Level B harassment associated with rocky intertidal monitoring activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA."], ["50:50:10.0.1.3.3.11.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "K", "Subpart K\u2014Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts", "", "\u00a7 217.103 Prohibitions.", "NOAA", "", "", "", "Notwithstanding takings contemplated in \u00a7 217.100 and authorized by an LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.106, no person in connection with the activities described in \u00a7 217.100 may:\n\n(a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.106;\n\n(b) Take any marine mammal not specified in such LOA;\n\n(c) Take any marine mammal specified in such LOA in any manner other than as specified in \u00a7 217.102;\n\n(d) 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\n\n(e) 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."], ["50:50:10.0.1.3.3.11.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "K", "Subpart K\u2014Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts", "", "\u00a7 217.104 Mitigation requirements.", "NOAA", "", "", "", "When conducting the activities identified in \u00a7 217.100(a), the mitigation measures contained in any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.106 must be implemented. These mitigation measures shall include but are not limited to:\n\n(a) General conditions. (1) Researchers must observe a site from a distance for at least five minutes, using binoculars if necessary, to detect any marine mammals prior to approach to determine if mitigation is required. Site surveys will not be conducted if other species of pinnipeds are present. Researchers will approach with caution, walking slowly, quietly, and close to the ground to avoid surprising any hauled out individuals and to reduce flushing ( i.e., disturbing from its position).\n\n(2) Researchers shall avoid pinnipeds along access ways to sites by locating and taking a different access way. Researchers shall keep a safe distance from and not approach any marine mammal while conducting research, unless it is absolutely necessary to approach a marine mammal in order to continue conducting research ( i.e., if a site cannot be accessed or sampled due to the presence of pinnipeds).\n\n(3) Researchers shall avoid making loud noises ( e.g., using hushed voices) and keep bodies low to the ground in the visual presence of pinnipeds.\n\n(4) Researchers shall monitor the offshore area for predators ( e.g., killer whales and great white sharks) and avoid flushing of pinnipeds when predators are observed in nearshore waters.\n\n(5) Researchers shall promptly vacate sites at the conclusion of sampling.\n\n(6) Researchers shall not operate unmanned aerial vehicles (UAVs) at an altitude below 10 meters while in the presence of pinnipeds.\n\n(7) Research occurring on the Channel Islands, Farallon Islands, or A\u00f1o Nuevo Island will be coordinated with researchers who regularly work in these areas.\n\n(b) Pup protection measures. (1) Intentional approach will not occur if dependent pups are present to avoid mother/pup separation and trampling of pups. Staff shall reschedule work at sites where pups are present, unless other means of accomplishing the work can be done without causing disturbance to mothers and dependent pups.\n\n(2) [Reserved]"], ["50:50:10.0.1.3.3.11.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "K", "Subpart K\u2014Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts", "", "\u00a7 217.105 Requirements for monitoring and reporting.", "NOAA", "", "", "", "(a) Visual monitoring program. (1) Standard information recorded will include species counts (with numbers of pups/juveniles when possible) of animals present before approaching, numbers of observed disturbances, and descriptions of the disturbance behaviors during the monitoring surveys, including location, date, and time of the event.\n\n(2) UCSC/MARINe must note observations of:\n\n(i) Unusual behaviors, numbers, or distributions of pinnipeds, such that any potential follow-up research can be conducted by the appropriate personnel;\n\n(ii) Tag-bearing carcasses of pinnipeds, allowing transmittal of the information to appropriate agencies and personnel; and\n\n(iii) Rare or unusual species of marine mammals for agency follow-up.\n\n(3) For consistency, any reactions by pinnipeds to researchers must be recorded according to a three-point pinniped disturbance scale included in any LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.106.\n\n(4) UCSC/MARINe must note information regarding the date and time that research is conducted, as well as the physical and biological conditions pertaining to a site.\n\n(b) Prohibited take. (1) If at any time the specified activity clearly causes the take of a marine mammal in a manner prohibited by these regulations or LOA, such as an injury (Level A harassment), serious injury, or mortality, UCSC/MARINe shall immediately cease the specified activities and report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS. The report must include the following information:\n\n(i) Time and date of the incident;\n\n(ii) Description of the incident;\n\n(iii) Environmental conditions ( e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility);\n\n(iv) Description of all marine mammal observations in the 24 hours preceding the incident;\n\n(v) Species identification or description of the animal(s) involved;\n\n(vi) Fate of the animal(s); and\n\n(vii) Photographs or video footage of the animal(s) (if equipment is available).\n\n(2) Activities shall not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with UCSC/MARINe to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure Marine Mammal Protection Act (MMPA) compliance. UCSC/MARINe must not resume the activities until notified by NMFS via letter, email, or telephone.\n\n(c) Notification of dead or injured marine mammals. (1) In the event that UCSC/MARINe discovers an injured or dead marine mammal and determines that the cause of the injury or death is unknown and the death is relatively recent ( e.g., in less than a moderate state of decomposition), UCSC/MARINe shall immediately report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS. The report must include the information identified in paragraph (b)(1) of this section. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with UCSC/MARINe to determine whether additional mitigation measures or modifications to the activities are appropriate; and\n\n(2) In the event that an injured or dead marine mammal is discovered and it is determined that the injury or death is not associated with or related to the activities authorized in the regulations and LOA ( e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), UCSC/MARINe shall report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS, within 24 hours of the discovery. UCSC/MARINe shall provide photographs, video footage (if available) or other documentation of the stranded animal sighting to NMFS and the Marine Mammal Stranding Network. Activities may continue while NMFS reviews the circumstances of the incident.\n\n(d) Annual report. (1) A draft annual report shall be submitted to NMFS Office of Protected Resources within 90 days after the conclusion of each annual field season. The final annual report after year five may be included as part of the final report (see paragraph (e) of this section). The report will include a summary of the information gathered pursuant to the monitoring requirements set forth in this section and in the LOA; and\n\n(2) A final annual report shall be submitted to the Director of the NMFS Office of Protected Resources within 30 days after receiving comments from NMFS on the draft annual report. If no comments are received from NMFS, the draft annual report will be considered the final report."], ["50:50:10.0.1.3.3.11.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "K", "Subpart K\u2014Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts", "", "\u00a7 217.106 Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to these regulations, UCSC/MARINe must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations.\n\n(c) If an LOA expires prior to the expiration date of these regulations, UCSC/MARINe may apply for and obtain a renewal of the LOA.\n\n(d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, UCSC/MARINe must apply for and obtain a modification of the LOA as described in \u00a7 217.107.\n\n(e) The LOA shall set forth:\n\n(1) Permissible methods and numbers of incidental taking;\n\n(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\n\n(3) Requirements for monitoring and reporting.\n\n(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.\n\n(g) Notice of issuance or denial of an LOA shall be published in the Federal Register within 30 days of a determination."], ["50:50:10.0.1.3.3.11.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "K", "Subpart K\u2014Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts", "", "\u00a7 217.107 Renewals and modifications of Letters of Authorization.", "NOAA", "", "", "", "(a) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.106 for the activity identified in \u00a7 217.100(a) shall be renewed or modified upon request by the applicant, provided that:\n\n(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 (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and\n\n(2) NMFS' Office of Protected Resources determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented.\n\n(b) For an LOA modification or renewal requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting (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' Office of Protected Resources 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.\n\n(c) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.106 for the activity identified in \u00a7 217.100(a) may be modified by NMFS' Office of Protected Resources under the following circumstances:\n\n(1) Adaptive Management. NMFS' Office of Protected Resources may modify (including augment) the existing mitigation, monitoring, or reporting measures (after consulting with UCSC/MARINe 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 this subpart.\n\n(i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA:\n\n(A) Results from UCSC/MARINe's monitoring from the previous year(s);\n\n(B) Results from other marine mammal and/or sound research or studies; and\n\n(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; and\n\n(ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS' Office of Protected Resources will publish a notice of proposed LOA in the Federal Register and solicit public comment; and\n\n(2) Emergencies. If 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 \u00a7\u00a7 216.106 of this chapter and 217.106, an LOA may be modified without prior notice or opportunity for public comment. Notice will publish in the Federal Register within 30 days of the action."], ["50:50:10.0.1.3.3.11.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "K", "Subpart K\u2014Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts", "", "\u00a7\u00a7 217.108-217.109 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.12.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "L", "Subpart L\u2014Taking and Importing Marine Mammals Incidental to Navy Construction of the Pier 3 Replacement Project at Naval Station Norfolk at Norfolk, Virginia", "", "\u00a7 217.110 Specified activity and geographical region.", "NOAA", "", "", "", "(a) Regulations under 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 related to the replacement of Pier 3 at Naval Station Norfolk at Norfolk, Virginia.\n\n(b) The taking of marine mammals by the Navy may be authorized in a Letter of Authorization (LOA) only if it occurs at Naval Station Norfolk, Norfolk, Virginia."], ["50:50:10.0.1.3.3.12.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "L", "Subpart L\u2014Taking and Importing Marine Mammals Incidental to Navy Construction of the Pier 3 Replacement Project at Naval Station Norfolk at Norfolk, Virginia", "", "\u00a7 217.111 Effective dates.", "NOAA", "", "", "", "Regulations under this subpart are effective from May 18, 2023, through May 18, 2028."], ["50:50:10.0.1.3.3.12.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "L", "Subpart L\u2014Taking and Importing Marine Mammals Incidental to Navy Construction of the Pier 3 Replacement Project at Naval Station Norfolk at Norfolk, Virginia", "", "\u00a7 217.112 Permissible methods of taking.", "NOAA", "", "", "", "Under an LOA issued pursuant to \u00a7\u00a7 216.106 of this chapter and 217.116, the Holder of the LOA (hereinafter \u201cNavy\u201d) may incidentally, but not intentionally, take marine mammals within the area described in 217.110(b) by harassment associated with construction activities related to replacement of Pier 3, provided the activity is in compliance with all terms, conditions, and requirements of the regulations under this subpart and the applicable LOA."], ["50:50:10.0.1.3.3.12.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "L", "Subpart L\u2014Taking and Importing Marine Mammals Incidental to Navy Construction of the Pier 3 Replacement Project at Naval Station Norfolk at Norfolk, Virginia", "", "\u00a7 217.113 Prohibitions.", "NOAA", "", "", "", "(a) Except for the takings contemplated in \u00a7 217.112 and authorized by a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.116, it is unlawful for any person to do any of the following in connection with the activities described in \u00a7 217.110:\n\n(1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.116;\n\n(2) Take any marine mammal not specified in such LOA;\n\n(3) Take any marine mammal specified in such LOA in any manner other than as specified;\n\n(4) Take a marine mammal specified in such LOA after NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or\n\n(5) Take a marine mammal specified in such LOA after NMFS determined such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.12.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "L", "Subpart L\u2014Taking and Importing Marine Mammals Incidental to Navy Construction of the Pier 3 Replacement Project at Naval Station Norfolk at Norfolk, Virginia", "", "\u00a7 217.114 Mitigation requirements.", "NOAA", "", "", "", "(a) When conducting the activities identified in \u00a7 217.110(a), the mitigation measures contained under this subpart and any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.116 must be implemented by the Navy. These mitigation measures include:\n\n(1) A copy of any issued LOA must be in the possession of the Navy, supervisory construction personnel, lead protected species observers (PSOs), and any other relevant designees of the Navy operating under the authority of the LOA at all times that activities subject to the LOA are being conducted.\n\n(2) The Navy must ensure that construction supervisors and crews, the monitoring team, and relevant Navy staff are trained prior to the start of activities subject to any issued LOA, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. New personnel joining during the project must be trained prior to commencing work.\n\n(3) The Navy, construction supervisors and crews, and relevant Navy staff must avoid direct physical interaction with marine mammals during construction activity. If a marine mammal comes within 10 m of such activity, operations must cease and vessels must reduce speed to the minimum level required to maintain steerage and safe working conditions, as necessary to avoid direct physical interaction.\n\n(4) The Navy must employ PSOs and establish monitoring locations as described in the NMFS-approved Marine Mammal Monitoring Plan. The Navy must monitor the project area to the maximum extent possible based on the required number of PSOs, required monitoring locations, and environmental conditions.\n\n(5) For all pile driving and drilling activity, the Navy shall implement shutdown zones with radial distances as identified in a LOA issued under \u00a7 217.116. If a marine mammal is observed entering or within the shutdown zone, such operations must be delayed or halted.\n\n(6) Monitoring must take place from 30 minutes prior to initiation of pile driving or drilling activity ( i.e., pre-start clearance monitoring) through 30 minutes post-completion of pile driving or drilling activity.\n\n(7) Pre-start clearance monitoring must be conducted during periods of visibility sufficient for the lead PSO to determine that the shutdown zones are clear of marine mammals. Pile driving and drilling may commence following 30 minutes of observation when the determination is made that the shutdown zones are clear of marine mammals.\n\n(8) Should environmental conditions deteriorate such that marine mammals within the entire shutdown zone would not be visible (e.g., fog, heavy rain, night), the Holder shall delay in-water construction activities until observers are confident marine mammals within the shutdown zone could be detected.\n\n(9) If pile driving and/or drilling is delayed or halted due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zone or 15 minutes have passed without re-detection of the animal.\n\n(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.\n\n(11) The Navy must use soft start techniques when impact pile driving. Soft start requires contractors to provide an initial set of strikes at reduced energy, followed by a 30-second waiting period, then two subsequent reduced-energy strike sets. 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.\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.12.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "L", "Subpart L\u2014Taking and Importing Marine Mammals Incidental to Navy Construction of the Pier 3 Replacement Project at Naval Station Norfolk at Norfolk, Virginia", "", "\u00a7 217.115 Requirements for monitoring and reporting.", "NOAA", "", "", "", "(a) The Navy shall submit a Marine Mammal Monitoring Plan to NMFS for approval in advance of construction. Marine mammal monitoring must be conducted in accordance with the conditions in this section and the NMFS-approved Marine Mammal Monitoring Plan.\n\n(b) Monitoring must be conducted by qualified, NMFS-approved PSOs, in accordance with the following conditions:\n\n(1) PSOs must be independent of the activity contractor (for example, employed by a subcontractor) and have no other assigned tasks during monitoring periods.\n\n(2) At least one PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(3) Other PSOs may substitute other relevant experience, education (degree in biological science or related field), or training for prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(4) One PSO must be designated as lead PSO or monitoring coordinator. The lead PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(5) PSOs must be approved by NMFS prior to beginning any activity subject to any issued LOA.\n\n(6) For all pile driving activities, a minimum of two PSOs shall be stationed at the best vantage points practicable to monitor for marine mammals and implement shutdown/delay procedures.\n\n(7) For all pile driving activities, a minimum of two PSOs shall be stationed at the active pile driving site, docks, or piers to monitor the harassment and shutdown zones, and as described in the Marine Mammal Monitoring Plan. For shutdown zones exceeding 1,000 m, a minimum of three PSOs shall be stationed appropriately, as described in the Marine Mammal Monitoring Plan, to monitor the entire shutdown zone.\n\n(8) The Navy shall monitor the harassment zones to the extent practicable and the entire shutdown zones. The Navy shall monitor at least a portion of the Level B harassment zone on all pile driving days.\n\n(9) The Navy shall conduct hydroacoustic data collection in accordance with a Marine Mammal Monitoring Plan that must be approved by NMFS in advance of construction.\n\n(10) The shutdown/monitoring zones may be modified with NMFS' approval following NMFS' acceptance of an acoustic monitoring report.\n\n(11) The Navy must submit a draft monitoring report to NMFS within 90 calendar days of the completion of each construction year. A draft comprehensive 5-year summary report must also be submitted to NMFS within 90 days of the end of the project. The reports must detail the monitoring protocol and summarize the data recorded during monitoring. Final annual reports and the 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 must be considered final. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments. The reports must, at minimum, contain the informational elements described below (as well as any additional information described in the Marine Mammal Monitoring Plan), including:\n\n(i) Dates and times (begin and end) of all marine mammal monitoring;\n\n(ii) Construction activities occurring during each daily observation period, including the number and type of piles that were driven or removed and by what method ( i.e., impact, vibratory or drilling), total duration of driving time for each pile (vibratory and drilling) and number of strikes for each pile (impact);\n\n(iii) PSO locations during marine mammal monitoring;\n\n(iv) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance;\n\n(v) Upon observation of a marine mammal, the follow information:\n\n(A) Name of PSO who sighted the animal(s) and PSO location and activity at time of sighting;\n\n(B) Time of sighting;\n\n(C) Identification of the animal(s) (e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species;\n\n(D) Distance and location of each observed marine mammal relative to the pile being driven for each sighting;\n\n(E) Estimated number of animals (min/max/best estimate);\n\n(F) Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc.); and\n\n(G) Animal's closest point of approach and estimated time spent within the harassment zone.\n\n(vi) Description of any marine mammal behavioral observations (e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses thought to have resulted form the activity (e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);\n\n(vii) Number of marine mammals detected within the harassment zones, by species; and\n\n(viii) Detailed information about implementation of any mitigation (e.g., shutdown and delays), a description of specific actions that ensued, and resulting changes in behavior of the animal(s), if any.\n\n(12) The Holder must submit all PSO datasheets and/or raw sighting data within the draft report.\n\n(13) All draft and final monitoring reports must be submitted to PR.ITP.MonitoringReports@noaa.gov and ITP.corcoran@noaa.gov.\n\n(14) The Navy must report hydroacoustic data collected as required by a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.116 and as discussed in the Navy's Marine Mammal Monitoring Plan approved by NMFS.\n\n(15) 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, 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. The report must include the following information:\n\n(i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);\n\n(ii) Species identification (if known) or description of the animal(s) involved;\n\n(iii) Condition of the animal(s) (including carcass condition if the animal is dead);\n\n(iv) Observed behaviors of the animal(s), if alive;\n\n(v) If available, photographs or video footage of the animal(s); and\n\n(vi) General circumstances under which the animal was discovered."], ["50:50:10.0.1.3.3.12.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "L", "Subpart L\u2014Taking and Importing Marine Mammals Incidental to Navy Construction of the Pier 3 Replacement Project at Naval Station Norfolk at Norfolk, Virginia", "", "\u00a7 217.116 Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to the regulations under this subpart, the Navy must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of the regulations under this subpart.\n\n(c) If an LOA expires prior to the expiration date of the regulations under this subpart, the Navy may apply for and obtain a renewal of the LOA.\n\n(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 \u00a7 217.116.\n\n(e) The LOA must set forth the following information:\n\n(1) Permissible methods of incidental taking;\n\n(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\n\n(3) Requirements for monitoring and reporting.\n\n(f) Issuance of the LOA must be based on a determination that the level of taking must be consistent with the findings made for the total taking allowable under the regulations under this subpart.\n\n(g) Notice of issuance or denial of an LOA must be published in the Federal Register within 30 days of a determination."], ["50:50:10.0.1.3.3.12.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "L", "Subpart L\u2014Taking and Importing Marine Mammals Incidental to Navy Construction of the Pier 3 Replacement Project at Naval Station Norfolk at Norfolk, Virginia", "", "\u00a7 217.117 Renewals and modifications of Letters of Authorization.", "NOAA", "", "", "", "(a) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.116 for the activity identified in \u00a7 217.110(a) may be renewed or modified upon request by the applicant, provided that:\n\n(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 under this subpart; and\n\n(2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA under the regulations under this subpart were implemented.\n\n(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.\n\n(c) A LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.116 for the activity identified in \u00a7 217.110(a) may be modified by NMFS under the following circumstances:\n\n(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 for the regulations under this subpart;\n\n(i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in a LOA:\n\n(A) Results from Navy's monitoring from previous years;\n\n(B) Results from other marine mammal and/or sound research or studies; and\n\n(C) Any information that reveals marine mammals may have been taken in a manner, extent or number not authorized by the regulations under this subpart or subsequent LOAs; and\n\n(ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS must publish a notice of proposed LOA in the Federal Register and solicit public comment;\n\n(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 \u00a7\u00a7 216.106 of this chapter and 217.116, a LOA may be modified without prior notice or opportunity for public comment. Notification would be published in the Federal Register within 30 days of the action."], ["50:50:10.0.1.3.3.12.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "L", "Subpart L\u2014Taking and Importing Marine Mammals Incidental to Navy Construction of the Pier 3 Replacement Project at Naval Station Norfolk at Norfolk, Virginia", "", "\u00a7\u00a7 217.118-217.119 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.13.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "M", "Subpart M\u2014Taking Marine Mammals Incidental to Seabird Research Activities in Central California", "", "\u00a7 217.120 Specified activity and specified geographical region.", "NOAA", "", "", "", "(a) Regulations in this subpart apply only to the incidental taking of marine mammals during seabird research activities by Point Blue Conservation Science (Point Blue) and those persons it authorizes or funds to conduct activities on its behalf in the areas outlined in paragraph (b) of this section.\n\n(b) The incidental taking of marine mammals by Point Blue may only occur in California on Southeast Farallon Island, A\u00f1o Nuevo Island, and Point Reyes National Seashore in accordance with a Letter of Authorization (LOA) issued under \u00a7\u00a7 216.106 of this chapter and 217.126."], ["50:50:10.0.1.3.3.13.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "M", "Subpart M\u2014Taking Marine Mammals Incidental to Seabird Research Activities in Central California", "", "\u00a7 217.121 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective from July 1, 2021, through June 30, 2026."], ["50:50:10.0.1.3.3.13.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "M", "Subpart M\u2014Taking Marine Mammals Incidental to Seabird Research Activities in Central California", "", "\u00a7 217.122 Permissible methods of taking.", "NOAA", "", "", "", "Under LOAs issued pursuant to \u00a7\u00a7 216.106 of this chapter and 217.126, the Holder of the LOA (hereinafter \u201cPoint Blue\u201d) may incidentally, but not intentionally, take marine mammals within the area described in \u00a7 217.120(b) by Level B harassment associated with seabird research activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA."], ["50:50:10.0.1.3.3.13.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "M", "Subpart M\u2014Taking Marine Mammals Incidental to Seabird Research Activities in Central California", "", "\u00a7 217.123 Prohibitions.", "NOAA", "", "", "", "Except for the takings contemplated in \u00a7 217.120 and authorized by a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.126, it is unlawful for any person to do any of the following in connection with the activities described in \u00a7 217.120 may:\n\n(a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.126;\n\n(b) Take any marine mammal not specified in such LOA;\n\n(c) Take any marine mammal specified in such LOA in any manner other than as specified in \u00a7 217.122;\n\n(d) 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\n\n(e) 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."], ["50:50:10.0.1.3.3.13.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "M", "Subpart M\u2014Taking Marine Mammals Incidental to Seabird Research Activities in Central California", "", "\u00a7 217.124 Mitigation requirements.", "NOAA", "", "", "", "When conducting the activities identified in \u00a7 217.120(a), the mitigation measures contained in any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.126 must be implemented. These mitigation measures shall include but are not limited to the following general conditions:\n\n(a) All persons must slowly approach beaches for boat landings. Boat landings must avoid causing stampede and provide marine mammals with an opportunity to safely enter the water. Vessel strikes are prohibited.\n\n(b) All persons must observe a site from a distance, using binoculars if necessary, to detect any marine mammals prior to approach to determine if mitigation is required ( i.e., if pinnipeds are present, researchers must approach with caution, walking slowly, quietly, and close to the ground to avoid surprising any hauled-out marine mammals and to reduce flushing/stampeding of individuals).\n\n(c) All persons must avoid pinnipeds along access ways to sites by locating and taking a different access way. Researchers must keep a safe distance from and not approach any marine mammal while conducting research, unless it is absolutely necessary to flush a marine mammal in order to continue conducting research ( i.e., if a site cannot be accessed or sampled due to the presence of pinnipeds).\n\n(d) All persons must avoid visits to sites when pups are present, if the number of takes that have been authorized are met, or if species for which authorization has not been granted are present.\n\n(e) All persons must monitor for offshore predators and must not approach hauled out pinnipeds if great white sharks ( Carcharodon carcharias ) or killer whales ( Orcinus orca ) are observed to be present. If Point Blue and/or its designees see pinniped predators in the area, they must not disturb the pinnipeds until the lead biologist determines the area is free of predators based on best professional judgment.\n\n(f) All persons must keep voices hushed and bodies low to the ground in the visual presence of pinnipeds.\n\n(g) All persons must conduct seabird observations at North Landing on Southeast Farallon Island in an observation blind, shielded from the view of hauled out pinnipeds.\n\n(h) All persons must crawl slowly to access seabird nest boxes on A\u00f1o Nuevo Island if pinnipeds are within view.\n\n(i) Researchers must coordinate research visits to intertidal areas of Southeast Farallon Island and coordinate research activities for A\u00f1o Nuevo Island to minimize the number of trips to these areas."], ["50:50:10.0.1.3.3.13.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "M", "Subpart M\u2014Taking Marine Mammals Incidental to Seabird Research Activities in Central California", "", "\u00a7 217.125 Requirements for monitoring and reporting.", "NOAA", "", "", "", "(a) Visual monitoring. When conducting activities under an LOA, Point Blue must conduct a visual monitoring program and record information as required by the LOA and this subpart.\n\n(1) Standard information recorded must include species counts (with age/sex classes noted when possible) of animals present before approaching, numbers of observed disturbances, and descriptions of the disturbance behaviors during the monitoring surveys, including location, date, and time of the event.\n\n(2) The lead biologist must serve as an observer to record incidental take.\n\n(3) The lead biologist must record the following:\n\n(i) The date, time, and location (or closest point of ingress) of each visit to the research site;\n\n(ii) Composition of the marine mammals sighted, such as species, sex, and life history stage ( e.g., adult, sub-adult, pup);\n\n(iii) The number (by species) of marine mammals observed during the activities;\n\n(iv) Estimated number of marine mammals (by species) that may have been disturbed during the activities, using a three-point scale of disturbance contained in an LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.126. Disturbance Levels 2 and 3 must be recorded as takes;\n\n(v) Behavioral responses or modifications in behaviors that may be attributed to the specific activities and a description of the specific activities occurring during that time ( e.g., pedestrian approach, vessel approach);\n\n(vi) Information on the weather, including the tidal state and horizontal visibility; and\n\n(vii) If applicable, note the presence of any offshore predators (date, time, number, and species).\n\n(4) Point Blue must report observations of unusual behaviors, numbers, or distributions of pinnipeds, or of tag-bearing carcasses, to the NMFS West Coast Regional Office.\n\n(b) Prohibited take. (1) In the event that personnel discovers an injured or dead marine mammal, Point Blue shall report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS as soon as feasible. If the death or injury was caused by Point Blue's activities, Point Blue must immediately cease activities conducted under its LOA 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 LOA. Point Blue must not resume their activities until notified by NMFS. The report must include the following information:\n\n(i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);\n\n(ii) Species identification (if known) or description of the animal(s) involved;\n\n(iii) Condition of the animal(s) (including carcass condition if the animal is dead);\n\n(iv) Observed behaviors of the animal(s), if alive;\n\n(v) If available, photographs or video footage of the animal(s); and\n\n(vi) General circumstances under which the animal was discovered.\n\n(c) Annual report. (1) A draft annual report covering the period of January 1 through December 31 of each year must be submitted to NMFS Office of Protected Resources by April 1 of each year. The final annual report after year five may be included as part of the final report (see below). The report must include the information gathered pursuant to the monitoring requirements set forth above and in the LOA at minimum, and must also include raw sightings data.\n\n(2) A final annual report must be submitted to the Director of the NMFS Office of Protected Resources within 30 days after receiving comments from NMFS on the draft annual report. If no comments are received from NMFS, the draft annual report will be considered the final report.\n\n(d) Final report. A draft final report must be submitted to NMFS Office of Protected Resources within 60 days after the conclusion of the fifth year. A final report must be submitted to the Director of the NMFS Office of Protected Resources within 30 days after receiving comments from NMFS on the draft final report. If no comments are received from NMFS, the draft final report will be considered the final report."], ["50:50:10.0.1.3.3.13.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "M", "Subpart M\u2014Taking Marine Mammals Incidental to Seabird Research Activities in Central California", "", "\u00a7 217.126 Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to these regulations, Point Blue must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations.\n\n(c) If an LOA expires prior to the expiration date of these regulations, Point Blue may apply for and obtain a renewal of the LOA.\n\n(d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, Point Blue must apply for and obtain a modification of the LOA as described in \u00a7 217.127.\n\n(e) The LOA shall set forth:\n\n(1) Permissible methods and numbers of incidental taking;\n\n(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\n\n(3) Requirements for monitoring and reporting.\n\n(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.\n\n(g) Notice of issuance or denial of an LOA shall be published in the Federal Register within thirty days of a determination."], ["50:50:10.0.1.3.3.13.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "M", "Subpart M\u2014Taking Marine Mammals Incidental to Seabird Research Activities in Central California", "", "\u00a7 217.127 Renewals and modifications of Letters of Authorization.", "NOAA", "", "", "", "(a) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.126 for the activity identified in \u00a7 217.120(a) shall be renewed or modified upon request by the applicant, provided that:\n\n(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 (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section), and\n\n(2) NMFS' Office of Protected Resources determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented.\n\n(b) For an LOA modification or renewal requests by the applicant that includes changes to the activity or the mitigation, monitoring, or reporting (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' Office of Protected Resources 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.\n\n(c) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.126 for the activity identified in \u00a7 217.120(a) may be modified by NMFS' Office of Protected Resources under the following circumstances:\n\n(1) Adaptive management \u2014NMFS' Office of Protected Resources may modify (including augment) the existing mitigation, monitoring, or reporting measures (after consulting with Point Blue 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.\n\n(i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include:\n\n(A) Results from Point Blue's monitoring from the previous year(s);\n\n(B) Results from other marine mammal and/or sound research or studies; and\n\n(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.\n\n(ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS' Office of Protected Resources will publish a notice of proposed LOA in the Federal Register and solicit public comment.\n\n(2) Emergencies. If 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 \u00a7\u00a7 216.106 of this chapter and 217.126, 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."], ["50:50:10.0.1.3.3.13.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "M", "Subpart M\u2014Taking Marine Mammals Incidental to Seabird Research Activities in Central California", "", "\u00a7\u00a7 217.128-217.129 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.14.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "N", "Subpart N\u2014Subpart N\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine", "", "\u00a7 217.130 Specified activity and geographical region.", "NOAA", "", "", "", "(a) Regulations in this subpart apply only to taking of marine mammals by the U.S. Navy (Navy) and those persons it authorizes or funds to conduct activities that occur incidental to construction activities related to the multifunctional expansion and modification of Dry Dock 1 in the areas outlined in paragraph (b) of this section.\n\n(b) The taking of marine mammals by the Navy may be authorized in a Letter of Authorization (LOA) only if it occurs at Portsmouth Naval Shipyard, Kittery, Maine."], ["50:50:10.0.1.3.3.14.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "N", "Subpart N\u2014Subpart N\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine", "", "\u00a7 217.131 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective for a period of 5 years from the date of issuance."], ["50:50:10.0.1.3.3.14.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "N", "Subpart N\u2014Subpart N\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine", "", "\u00a7 217.132 Permissible methods of taking.", "NOAA", "", "", "", "Under an LOA issued pursuant to \u00a7 216.106 of this chapter and \u00a7 217.136, the Holder of the LOA (hereinafter \u201cNavy\u201d) may incidentally, but not intentionally, take marine mammals within the area described in \u00a7 217.130(b) by harassment associated with construction activities related to the multifunctional expansion and modification of Dry Dock 1, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA."], ["50:50:10.0.1.3.3.14.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "N", "Subpart N\u2014Subpart N\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine", "", "\u00a7 217.133 Prohibitions.", "NOAA", "", "", "", "(a) Except for the takings contemplated in \u00a7 217.132 and authorized by a LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.136, it is unlawful for any person to do any of the following in connection with the activities described in \u00a7 217.130:\n\n(1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.136;\n\n(2) Take any marine mammal not specified in such LOA;\n\n(3) Take any marine mammal specified in such LOA in any manner other than as specified;\n\n(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\n\n(5) Take a marine mammal specified in such LOA after NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.14.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "N", "Subpart N\u2014Subpart N\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine", "", "\u00a7 217.134 Mitigation requirements.", "NOAA", "", "", "", "(a) When conducting the activities identified in \u00a7 217.130(a), the mitigation measures contained in this subpart and any LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.136 must be implemented. These mitigation measures include:\n\n(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 at all times that activities subject to this LOA are being conducted.\n\n(2) 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 drilling until observers are confident marine mammals within the shutdown zone could be detected.\n\n(3) The Navy must ensure that construction supervisors and crews, the monitoring team, and relevant Navy staff are trained prior to the start of construction activity subject to this rule, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. New personnel joining during the project will be trained prior to commencing work.\n\n(4) The Navy, construction supervisors and crews, protected species observers (PSOs), and relevant Navy staff must avoid direct physical interaction with marine mammals during construction activity. If a marine mammal comes within 10 m of such activity, operations will cease and vessels will reduce speed to the minimum level required to maintain steerage and safe working conditions, as necessary, to avoid direct physical interaction.\n\n(5) The Navy must monitor the project area to the maximum extent possible based on the required number of PSOs, required monitoring locations, and environmental conditions as described in this rule and the NMFS-approved Marine Mammal Monitoring Plan.\n\n(6) Monitoring must take place from 30 minutes prior to initiation of pile driving or drilling activity ( i.e., pre-start clearance monitoring) through 30 minutes post-completion of pile driving or drilling activity.\n\n(7) For all pile driving and drilling activities, the Navy must implement shutdown zones with radial distances as identified in a LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.136. If a marine mammal comes within or approaches the shutdown zone, such operations must cease.\n\n(8) In the event of a delay or shutdown of activity resulting from marine mammals in the shutdown zone, animals must be allowed to remain in the shutdown zone ( i.e., must leave of their own volition) and their behavior must be monitored and documented. If a marine mammal is observed within the shutdown zone, pile driving or drilling activities may not commence or resume until at least one of the following conditions has been met:\n\n(i) The animal has been observed exiting the shutdown zone;\n\n(ii) The animal is thought to have exited the shutdown zone based on a determination of its course, speed, and movement relative to the pile driving location; or\n\n(iii) The shutdown zone has been clear from any additional sightings for fifteen minutes.\n\n(9) If pile driving or drilling construction activities cease for more than 30 minutes, the pre-activity monitoring of the shutdown zone must commence.\n\n(10) The Navy must conduct monitoring to include the entire region of influence, which includes the area within the Level A and Level B harassment zones with radial distances as identified in a LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.136.\n\n(11) The Navy must use soft start techniques when impact pile driving. Soft start requires contractors to provide an initial set of strikes from the hammer at reduced energy, followed by a 30-second waiting period, then two subsequent reduced-energy strike sets. A soft start will 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.\n\n(12) The Navy must install a bubble curtain across the entrance openings during DTH cluster drill and hydraulic rock hammering activities. The bubble curtain must adhere to the following restrictions:\n\n(i) The bubble curtain must distribute air bubbles across 100 percent of the entrance openings for the full depth of the water column;\n\n(ii) The lowest bubble ring must be in contact with the substrate for the full extent of the curtain, and the weights attached to the bottom of the curtain must ensure 100 percent substrate contact. No parts of the curtain or other objects shall prevent full substrate contact; and\n\n(iii) Air flow to the bubblers must be balanced across the entrance openings to the super flood basin.\n\n(iv) The Navy shall require that construction contractors train personnel in the proper balancing of air flow to the bubblers and corrections to the attenuation device to meet the performance standards. This shall occur prior to the initiation of in-water construction activities.\n\n(13) The bubble curtain may be discontinued for certain activities should the results of hydroacoustic recordings inside the bubble curtain show that the source levels from those activities do not result in the Level A harassment thresholds being achieved across the entire region of influence, upon review of the data by NMFS.\n\n(14) Pile driving and drilling activity must be halted upon observation of either a species entering or within the harassment zone 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.\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.14.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "N", "Subpart N\u2014Subpart N\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine", "", "\u00a7 217.135 Requirements for monitoring and reporting.", "NOAA", "", "", "", "(a) Marine Mammal monitoring must be conducted in accordance with the conditions in this section and the Marine Mammal Monitoring Plan. The Navy must submit a Marine Mammal Monitoring Plan to NMFS for approval in advance of construction.\n\n(b) Monitoring must be conducted by qualified PSOs in accordance with the following conditions:\n\n(1) PSOs must be independent ( i.e., not construction personnel) and have no other assigned tasks during monitoring periods.\n\n(2) At least one PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(3) Other PSOs may substitute relevant experience, education (degree in biological science or related field), or training for prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(4) Where a team of three PSOs are required, a lead observer or monitoring coordinator shall be designated. The lead observer must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization; and\n\n(5) One PSO must be designated as lead PSO or monitoring coordinator. The lead PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(6) PSOs must work in shifts to reduce fatigue and ensure their ability to monitor for marine mammals.\n\n(7) PSOs must be approved by NMFS prior to beginning any activity subject to this LOA.\n\n(c) For all pile driving activities, a minimum of three PSOs must be stationed on boats, docks, or piers sufficient to monitor the harassment and shutdown zones, and as described in the Marine Mammal Monitoring Plan.\n\n(d) PSOs must record all observations of marine mammals, regardless of distance from the pile/hole being driven/drilled or the construction activity taking place ( i.e., DTH, rotary drilling, rock hammering), as well as additional data indicated in the reporting requirements.\n\n(e) The Navy must conduct hydroacoustic data collection (sound source verification and propagation loss) as described in a LOA and in accordance with a hydroacoustic monitoring plan that must be approved by NMFS in advance of construction. This plan shall include acoustic monitoring inside the bubble curtain to measure construction generated noise levels.\n\n(f) The harassment and/or shutdown zones may be modified with NMFS' approval following NMFS' acceptance of an acoustic monitoring report.\n\n(g) The Navy must submit a draft monitoring report to NMFS within 90 work days of the completion of required monitoring for each portion of the project as well as a comprehensive summary report at the end of the project. The reports will detail the monitoring protocol and summarize the data recorded during monitoring. Final annual reports (each portion of the project and comprehensive) must be prepared and submitted within 30 days following resolution of any NMFS comments on the draft report. If no comments are received from NMFS within 30 days of receipt of the draft report, the report must be considered final. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments.\n\n(h) All draft and final monitoring reports must be submitted to PR.ITP.MonitoringReports@noaa.gov and ITP.tyson.moore@noaa.gov.\n\n(i) The reports must at minimum contain the informational elements described as follows (as well as any additional information described in the Marine Mammal Monitoring Plan), including:\n\n(1) Dates and times (begin and end) of all marine mammal monitoring.\n\n(2) Construction activities occurring during each daily observation period, including:\n\n(i) The number and type of piles that were driven or removed and by what method ( i.e., impact, vibratory, DTH, rotary drilling, rock hammering.\n\n(ii) The total duration of driving time for each pile/hole (vibratory driving, rotary drilling) and number of strikes for each pile/hole (impact driving, hydraulic rock hammering).\n\n(iii) For DTH, the duration of operation for both impulsive and non-pulse components as well as the strike rate.\n\n(3) PSO locations during marine mammal monitoring.\n\n(4) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance (if less than the harassment zone distance);\n\n(5) Upon observation of a marine mammal, the following information:\n\n(i) Name of PSO who sighted the animal(s) and PSO location, as well as the activity at the time of the sighting;\n\n(ii) Time of sighting;\n\n(iii) Identification of the animal ( e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species;\n\n(iv) Distances and bearings of each marine mammal observed in relation to the pile being driven or drilled for each sighting (if pile driving or drilling was occurring at time of sighting).\n\n(v) Estimated number of animals (min/max/best estimate);\n\n(vi) Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc. );\n\n(vii) Animal's closest point of approach and estimated time spent within the harassment zone;\n\n(viii) Description of any marine mammal behavioral observations ( e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses to the activity ( e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);\n\n(6) Number of marine mammals detected within the harassment zones, by species;\n\n(7) Detailed information about any implementation of any mitigation ( e.g., shutdowns and delays), a description of specific actions that ensued, and resulting changes in the behavior of the animal, if any; and\n\n(j) The Holder will submit all PSO datasheets and/or raw sightings data with the draft reports.\n\n(k) The Navy must report the hydroacoustic data collected as required by a LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.136 and as described in the Acoustic Monitoring Plan, which at a minimum, must include:\n\n(1) Hydrophone equipment and methods: recording device, sampling rate, distance (m) from the pile where recordings were made; depth of water and recording device(s);\n\n(2) Type and size of pile being driven, substrate type, method of driving during recordings ( e.g., hammer model and energy), and total pile driving duration;\n\n(3) Whether a sound attenuation device is used and, if so, a detailed description of the device used and the duration of its use per pile;\n\n(4) For impact pile driving and/or DTH excavation (DTH mono-hammer and cluster drill) (per pile/hole): Number of strikes and strike rate; depth of substrate to penetrate; pulse duration and mean, median, and maximum sound levels (dB re: 1 \u00b5Pa): root mean square sound pressure level (SPLrms); cumulative sound exposure level (SELcum), peak sound pressure level (SPLpeak), and single-strike sound exposure level (SELss);\n\n(5) For vibratory driving/removal, rotary drilling, and/or DTH excavation (DTH mono-hammer and cluster drill) (per pile/hole): Duration of driving per pile; mean, median, and maximum sound levels (dB re: 1 \u00b5Pa): root mean square sound pressure level (SPLrms), cumulative sound exposure level (SELcum) (and timeframe over which the sound is averaged);\n\n(6) One-third octave band spectrum and power spectral density plot; and\n\n(7) General Daily Site Conditions, including the date and time of activities, and environmental data such as wind speed and direction, air temperature, humidity, surface water temperature, tidal state, water depth, wave height, weather conditions, and other factors that could contribute to influencing the airborne and underwater sound levels ( e.g., aircraft, boats, etc.).\n\n(l) In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the Navy must report incident to the Office of Protected Resources (OPR), NMFS (PR.ITP.MonitoringReports@noaa.gov and ITP.tyson.moore@noaa.gov ) and to the Greater Atlantic Region New England/Mid-Atlantic Regional Stranding Coordinator (978-282-8478 or 978-281-9291) 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 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 rule and the LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.136. The Navy will not resume their activities until notified by NMFS. The report must include the following information:\n\n(1) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);\n\n(2) Species identification (if known) or description of the animal(s) involved;\n\n(3) Condition of the animal(s) (including carcass condition if the animal is dead);\n\n(4) Observed behaviors of the animal(s), if alive;\n\n(5) If available, photographs or video footage of the animal(s); and\n\n(6) General circumstances under which the animal was discovered."], ["50:50:10.0.1.3.3.14.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "N", "Subpart N\u2014Subpart N\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine", "", "\u00a7 217.136 Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to this subpart, the Navy must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations.\n\n(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.\n\n(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 \u00a7 217.137.\n\n(e) The LOA will set forth the following information:\n\n(1) Permissible methods of incidental taking;\n\n(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\n\n(3) Requirements for monitoring and reporting.\n\n(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.\n\n(g) Notice of issuance or denial of an LOA will be published in the Federal Register within 30 days of a determination."], ["50:50:10.0.1.3.3.14.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "N", "Subpart N\u2014Subpart N\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine", "", "\u00a7 217.137 Renewals and modifications of Letters of Authorization.", "NOAA", "", "", "", "(a) An LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.136 for the activity identified in \u00a7 217.130(a) may be renewed or modified upon request by the applicant, provided that:\n\n(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\n\n(2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented.\n\n(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.\n\n(c) A LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.136 for the activity identified in \u00a7 217.130(a) may be modified by NMFS under the following circumstances:\n\n(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;\n\n(i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in a LOA:\n\n(A) Results from Navy's monitoring from previous years;\n\n(B) Results from other marine mammal and/or sound research or studies; and\n\n(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\n\n(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;\n\n(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 \u00a7 216.106 of this chapter and \u00a7 217.136, a LOA may be modified without prior public notice or opportunity for public comment. Notification would be published in the Federal Register within 30 days of the action."], ["50:50:10.0.1.3.3.14.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "N", "Subpart N\u2014Subpart N\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Portsmouth Naval Shipyard, Kittery, Maine", "", "\u00a7 217.138-217.139 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.16.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "Q", "Subpart Q\u2014Taking Marine Mammals Incidental to Hilcorp Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska", "", "\u00a7 217.160 Specified activity and specified geographical region.", "NOAA", "", "", "", "(a) Regulations in this subpart apply only to Hilcorp Alaska LLC (Hilcorp) and those persons it authorizes or funds to conduct activities on its behalf for the taking of marine mammals in Cook Inlet, Alaska, and that occurs incidental to the activities described in paragraph (c) of this section. Requirements imposed on Hilcorp must be implemented by those persons it authorizes or funds to conduct activities on its behalf.\n\n(b) The incidental taking of marine mammals by Hilcorp may be authorized in a letter of authorization (LOA) only if it occurs within in Cook Inlet, Alaska.\n\n(c) The taking of marine mammals by Hilcorp is only authorized if it occurs incidental to the use of tugs towing, holding, or positioning a jack-up rig, impact pile driving, and pipeline installation and/or replacement involving anchor handling and/or pipe pulling."], ["50:50:10.0.1.3.3.16.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "Q", "Subpart Q\u2014Taking Marine Mammals Incidental to Hilcorp Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska", "", "\u00a7 217.161 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective from February 20, 2026, through February 19, 2031."], ["50:50:10.0.1.3.3.16.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "Q", "Subpart Q\u2014Taking Marine Mammals Incidental to Hilcorp Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska", "", "\u00a7 217.162 Permissible methods of taking.", "NOAA", "", "", "", "Under an LOA issued pursuant to \u00a7\u00a7 217.106 of this chapter and 217.166, the holder of the LOA (hereinafter \u201cHilcorp\u201d) may incidentally, but not intentionally, take marine mammals within the specified geographical region described in \u00a7 217.160(b) by harassment associated with the specified activities provided they are in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA."], ["50:50:10.0.1.3.3.16.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "Q", "Subpart Q\u2014Taking Marine Mammals Incidental to Hilcorp Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska", "", "\u00a7 217.163 Prohibitions.", "NOAA", "", "", "", "Except for the takings permitted in \u00a7 217.162 and authorized by an LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.166, it is unlawful for any person to do any of the following in connection with the specified activities:\n\n(a) Violate or fail to comply with the terms, conditions, and requirements of this subpart or an LOA issued under this subpart or an LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.166;\n\n(b) Take any marine mammal not specified in such LOA;\n\n(c) Take any marine mammal specified in such LOA in any manner other than specified;\n\n(d) Take a marine mammal should NMFS withdraw or suspend such LOA; or\n\n(e) Take a marine mammal specified in such LOA after NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses."], ["50:50:10.0.1.3.3.16.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "Q", "Subpart Q\u2014Taking Marine Mammals Incidental to Hilcorp Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska", "", "\u00a7 217.164 Mitigation requirements.", "NOAA", "", "", "", "When conducting the specified activities identified in \u00a7 217.160(c), Hilcorp must implement the mitigation measures contained in this section and any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.166 unless implementing the mitigation measure would create a risk to human safety or cause pile instability or refusal. These mitigation measures include, but are not limited to:\n\n(a) A copy of any issued LOA should be in the possession of Hilcorp, its designees, and work crew personnel operating under the authority of the issued LOA.\n\n(b) Hilcorp must coordinate with local Tribes as described in its Stakeholder Engagement Plan, notify the communities of any changes in the operation, and take action to avoid or mitigate impacts to subsistence harvests.\n\n(c) Tug boat and pile driving supervisors and crews, the monitoring team, and relevant Hilcorp staff must be trained prior to the start of all activities so that responsibilities, communication procedures, mitigation measures, monitoring protocols, and operational procedures are clearly understood. New personnel joining during the project must be trained prior to commencing work.\n\n(d) Hilcorp must implement clearance and shutdown zones with radial distances as identified in any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.166.\n\n(e) Pre-start clearance monitoring.\n\n(1) Prior to initiating any activity or resuming those activities after a 30-minute lapse ( e.g., pauses between intermittent pile driving), Hilcorp must conduct monitoring of the clearance zones 30 minutes prior to commencing activities identified in \u00a7 217.160(c) ( i.e., pre-start clearance monitoring).\n\n(2) Except for tugs towing a jack-up rig, activities may commence or resume if, following 30 minutes of observation of the clearance zone, it is determined by a protected species observer (PSO) that the clearance zones are clear of marine mammals.\n\n(3) Should a marine mammal be within the clearance zone during the clearance monitoring period, the activity (except for tugs under tow if tidal restrictions necessitate) must not commence or resume until any animal has left the clearance zone and is on a path away from the clearance zone or at least 30 minutes has elapsed for all baleen whale species and Cook Inlet Beluga Whales (CIBWs) without subsequent detection, or 15 minutes has elapsed without subsequent detection for all other species.\n\n(f) Pile driving at the Tyonek Platform may only occur from November 15 through April 15.\n\n(g) Hilcorp must cease all pile driving activities, including soft starts, if a marine mammal is observed entering or within the shutdown zone. Should safety or pile instability or refusal concerns prevent a shutdown, pile driving may continue only until the current segment of the pile is driven; no additional sections of pile or additional piles may be driven until a PSO has determined that the clearance zones are clear of marine mammals.\n\n(1) 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 is visually confirmed to be beyond the shutdown zone or at least 30 minutes has elapsed for all baleen whale species and CIBWs without subsequent detection or 15 minutes has elapsed without subsequent detection for all other species.\n\n(2) If during pile driving, a PSO can no longer effectively monitor the entirety of the corresponding shutdown zone due to environmental conditions ( e.g., fog, rain, wind), pile driving may continue only until the current segment of the pile is driven. No additional sections of pile or additional piles may be driven until conditions improve such that the shutdown zone can be effectively monitored. If the shutdown zone cannot be monitored for more than 15 minutes, the entire zone must be cleared again for 30 minutes prior to reinitiating pile driving.\n\n(h) Hilcorp must use soft-start techniques when impact pile driving. Should safety or pile instability/refusal concerns arise during a soft start wherein this process cannot be met, Hilcorp must use the minimum amount of energy practicable. Prior to soft-start beginning, the operator must receive confirmation from the PSO that the clearance zone is clear of any marine mammals.\n\n(i) For transportation of a jack-up rig to or from the Tyonek platform, in addition to PSOs stationed on the rig during towing, an additional PSO must be stationed on the Tyonek Platform to monitor for marine mammals. The PSO should be on watch for at least 1 hour before tugs are expected to arrive (scheduled to approach the estimated 120-dB isopleth).\n\n(j) Unless deviation is necessary to maintain safe maneuvering speed and justified because the vessel is in an area where oceanographic, hydrographic, and/or meteorological conditions severely restrict the maneuverability of the vessel; an emergency situation presents a threat to the health, safety, life of a person; or a vessel is actively engaged in emergency rescue or response duties, including vessel-in-distress or environmental crisis response, Hilcorp must:\n\n(1) Maneuver tugs engaged in towing, holding, or positioning a jack-up rig, and anchor handling and pipe pulling activities such that they maintain a consistent speed (approximately 4 knots [kt; 7 kilometers (km)/hr]) and avoid multiple changes of speed and direction to make the course of the vessels as predictable as possible to marine mammals in the surrounding environment, characteristics that are expected to be associated with a lower likelihood of disturbance;\n\n(2) Not actively approach a marine mammal purposefully and must adhere to NOAA Alaska Region Marine Mammal Viewing Guidelines;\n\n(3) Reduce vessel speed to < 9 km/hr (5 kt) when within 274 meters (m; 300 yards) of any whale, reduce speed to 18.5 km/hr (10 kt) or less when weather conditions reduce visibility to 1.6 km (1 mile [mi]) or less, avoid multiple changes in direction and speed when within 274 m (300 yards) of any whale, and place the engine in neutral if a whale is approaching within 91 m (100 yards) of a vessel;\n\n(4) Maintain a distance of at least 2.4 km from the Mean Lower Low Water line of the Susitna River Delta (Beluga River to the Little Susitna River) between April 15 and November 15; and\n\n(5) Maintain a watch for marine mammals while underway and check water immediately adjacent to the vessel prior to engaging propellers; should a marine mammal be observed near propellers and it is determined that interaction is possible, delay engaging propellers.\n\n(k) Hilcorp must maintain clean, taught lines in the water such that no lines are in the water unless both ends are under tension and affixed to vessels or gear."], ["50:50:10.0.1.3.3.16.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "Q", "Subpart Q\u2014Taking Marine Mammals Incidental to Hilcorp Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska", "", "\u00a7 217.165 Requirements for monitoring and reporting.", "NOAA", "", "", "", "Hilcorp must implement the following monitoring and reporting measures:\n\n(a) Monitoring must be conducted by NMFS-approved PSOs during all activities for which take is authorized, in accordance with Hilcorp's Marine Mammal Monitoring and Mitigation Plan (which is included in appendix A of Hilcorp's application). PSOs must be independent of the activity contractor ( e.g., employed by a subcontractor) and have no other assigned tasks during monitoring duties.\n\n(b) A lead PSO must be designated for all specified activities. The lead PSO must have prior experience performing the duties of a PSO during in-water activities pursuant to a NMFS-issued incidental take authorization or letter of concurrence.\n\n(c) PSOs must monitor for marine mammals from the best available vantage point, ideally an elevated stable platform from which the PSO has an unobstructed 360-degree view of the water or a total 360-degree view of water between all PSOs on watch. Monitoring must occur from 30 minutes before an activity commences to 30 minutes after the activity ceases.\n\n(d) PSOs must use a combination of equipment to scan the appropriate monitoring area and to identify the relevant mitigation distance from an activity, including the naked eye, binoculars (minimum 7x50), and night vision devices for low light and nighttime operations.\n\n(e) PSOs must be in communication with all rig or vessel captains via VHF radio and/or cell phones at all times and alert rig or vessel captains to all marine mammal sightings relative to the vessel location.\n\n(f) PSOs may not work in shifts lasting more than 4 hours without a minimum of 1-hour break and may not be on watch more than 12 hours in a 24-hour period.\n\n(g) Hilcorp must notify NMFS Office of Protected Resources (OPR) at least 48 hours prior to the start of the specified activities each year.\n\n(h) Hilcorp must submit interim monthly monitoring reports on the 15th day of the month after any specified activities occurred. These reports must include a summary of marine mammal species and behavioral observations, delays, shutdowns, and activities completed during the reporting period. The reports also must include an assessment of the amount of work remaining for the year, in addition to the number of CIBWs observed within estimated Level B harassment zones during activities to date, and any instances where mitigation could not be implemented due to safety or pile instability/refusal concerns.\n\n(i) Hilcorp must submit a draft annual summary monitoring report on all monitoring conducted during each project year which includes final electronic data sheets within 90 calendar days of the completion of marine mammal monitoring or 90 days prior to a requested date of issuance of any future incidental take authorization for projects at the same location, whichever comes first. A draft comprehensive 5-year summary report must also be submitted to NMFS within 90 days of the end of year 5 of the project. The reports must detail the monitoring protocol and summarize the data recorded during monitoring. If no comments are received from NMFS within 30 days of receipt of the draft reports, the report may be considered final. If comments are received, revised reports addressing NMFS comments must be submitted within 30 days after receipt of comments. At a minimum, the reports must contain:\n\n(1) Dates and times (begin and end) of all marine mammal monitoring;\n\n(2) Activities occurring during each daily observation period, including the type of activity (tugs under load with a jack-up rig, pile driving, anchor handling, pipe pulling), the total duration of each type of activity, when nighttime operations occurred (and if they did, whether night vision devices (NVDs) were employed, including which lenses were utilized), and whether towing against the tide was required;\n\n(3) PSO locations during marine mammal monitoring;\n\n(4) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), 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; and\n\n(5) Upon observation of a marine mammal, the following information must be collected and included in the annual and 5-year reports:\n\n(i) Name of the PSO who sighted the animal, observer location, and activity at time of sighting;\n\n(ii) Time of sighting;\n\n(iii) Identification of the animal ( e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species;\n\n(iv) Distances and bearings of each marine mammal observed in relation to the vessel ( e.g., tug, pipe lay barge) or pile being driven for each sighting (if pile driving was occurring at time of sighting);\n\n(v) Estimated number of animals (min/max/best);\n\n(vi) Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc. );\n\n(vii) Animal's closest point of approach and estimated time spent within the harassment zone;\n\n(viii) Description of any marine mammal behavioral observations ( e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses to the activity ( e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);\n\n(ix) Detailed information about any implementation of any mitigation ( e.g., shutdowns and delays), a description of specific actions that ensued, and resulting changes in the behavior of the animal, if any;\n\n(x) All PSO datasheets and raw sightings data in electronic spreadsheet format; and\n\n(xi) Any instances where mitigation could not be implemented due to safety or pile instability/refusal concerns.\n\n(j) In the event that personnel involved in Hilcorp's activities discover an injured or dead marine mammal, Hilcorp must report the incident to NMFS OPR and the Alaska Regional Stranding Network as soon as feasible. If the death or injury was caused by a specified activity, Hilcorp must immediately cease the specified activity 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 LOA. Hilcorp must not resume their activities until notified by NMFS. The report must include the following information:\n\n(1) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);\n\n(2) Species identification (if known) or description of the animal(s) involved;\n\n(3) Condition of the animal(s) (including carcass condition if the animal is dead);\n\n(4) Observed behaviors of the animal(s), if alive;\n\n(5) If available, photographs or video footage of the animal(s); and\n\n(6) General circumstances under which the animal was discovered."], ["50:50:10.0.1.3.3.16.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "Q", "Subpart Q\u2014Taking Marine Mammals Incidental to Hilcorp Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska", "", "\u00a7 217.166 Letters of authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to this subpart, Hilcorp must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the effective dates of this subpart in \u00a7 217.161.\n\n(c) In the event Hilcorp proposes projected changes to the activity or to mitigation and monitoring measures required by an LOA, Hilcorp must request and obtain a modification of the LOA as described in \u00a7 217.167.\n\n(d) The LOA must set forth the following information:\n\n(1) Permissible methods of incidental taking;\n\n(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\n\n(3) Requirements for monitoring and reporting.\n\n(e) Issuance of the LOA should be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under this subpart.\n\n(f) Notice of issuance or denial of an LOA should be published in the Federal Register within 30 days of a determination."], ["50:50:10.0.1.3.3.16.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "Q", "Subpart Q\u2014Taking Marine Mammals Incidental to Hilcorp Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska", "", "\u00a7 217.167 Modifications of letters of authorization.", "NOAA", "", "", "", "(a) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.166 for the specified activities may be modified upon request by Hilcorp, provided that:\n\n(1) The changes to the activity or the mitigation, monitoring, or reporting does not change the findings made pursuant to 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\n\n(2) NMFS determines that Hilcorp implemented the mitigation, monitoring, and reporting measures required by the LOA for which modification is requested.\n\n(b) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.166 may be modified at NMFS' initiation if:\n\n(1) Doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring measures; or\n\n(2) 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 an LOA issued pursuant to \u00a7\u00a7 216.106 of this chapter and 217.166, in which case, the LOA may be modified without prior notice or opportunity for public comment; however, notification will be published in the Federal Register within 30 days of the action.\n\n(c) If the modifications to the specified activities, mitigation, monitoring, or reporting measures are substantial, NMFS shall publish a notice of proposed LOA in the Federal Register and solicit public comment prior to making a determination on issuance.\n\n(d) Possible sources of data that could contribute to a decision to modify the LOA include, but are not limited to:\n\n(1) Results from Hilcorp's monitoring;\n\n(2) Results from other marine mammal and/or sound research or studies; and\n\n(3) Any information that reveals marine mammals may have been taken in a manner, extent or number not authorized by this subpart or subsequent LOAs."], ["50:50:10.0.1.3.3.16.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "Q", "Subpart Q\u2014Taking Marine Mammals Incidental to Hilcorp Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska", "", "\u00a7 \u00a7 217.168-217.169 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.17.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "R", "Subpart R\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode Island", "", "\u00a7 217.170 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 for bulkhead replacement and repairs at Naval Station (NAVSTA) Newport, Rhode Island.\n\n(b) The taking of marine mammals by the Navy may be authorized in a Letter of Authorization (LOA) only if it occurs at NAVSTA Newport, Rhode Island."], ["50:50:10.0.1.3.3.17.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "R", "Subpart R\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode Island", "", "\u00a7 217.171 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective from May 15, 2022, through May 14, 2027."], ["50:50:10.0.1.3.3.17.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "R", "Subpart R\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode Island", "", "\u00a7 217.172 Permissible methods of taking.", "NOAA", "", "", "", "Under an LOA issued pursuant to \u00a7\u00a7 216.106 of this chapter and 217.176, the Holder of the LOA (hereinafter \u201cNavy\u201d) may incidentally, but not intentionally, take marine mammals within the area described in \u00a7 217.170(b) by harassment associated with bulkhead replacement and repairs construction activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA."], ["50:50:10.0.1.3.3.17.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "R", "Subpart R\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode Island", "", "\u00a7 217.173 Prohibitions.", "NOAA", "", "", "", "(a) Except for the takings contemplated in \u00a7 217.172 and authorized by a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.176, it is unlawful for any person to do any of the following in connection with the activities described in \u00a7 217.170:\n\n(1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.176;\n\n(2) Take any marine mammal not specified in such LOA;\n\n(3) Take any marine mammal specified in such LOA in any manner other than as specified;\n\n(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\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.17.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "R", "Subpart R\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode Island", "", "\u00a7 217.174 Mitigation requirements.", "NOAA", "", "", "", "(a) When conducting the activities identified in \u00a7 217.171(a), the mitigation measures contained in any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.176 must be implemented. These mitigation measures must include but are not limited to:\n\n(1) A copy of any issued LOA must be in the possession of the Navy, supervisory construction personnel, lead protected species observers (PSOs), and any other relevant designees of the Holder operating under the authority of this LOA at all times that activities subject to this LOA are being conducted.\n\n(2) The Navy will follow mitigation procedures as described in this section. Should environmental conditions deteriorate such that marine mammals within the entire shutdown zone would not be visible ( e.g., fog, heavy rain, night), the Holder shall delay pile driving and removal until observers are confident marine mammals within the shutdown zone could be detected.\n\n(3) The Navy will ensure that construction supervisors and crews, the monitoring team, and relevant Navy staff are trained prior to the start of all activities subject to this rule, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. New personnel joining during the project will be trained prior to commencing work.\n\n(4) The Navy, construction supervisors and crews, PSOs, and relevant Navy staff will avoid direct physical interaction with marine mammals during construction activity. If a marine mammal comes within 10 m of such activity, operations will cease and vessels will reduce speed to the minimum level required to maintain steerage and safe working conditions, as necessary, to avoid direct physical interaction.\n\n(5) The Navy will employ PSOs and establish monitoring locations as described in this rule and the Marine Mammal Monitoring Plan. The Navy will monitor the project area to the maximum extent possible based on the required number of PSOs, required monitoring locations, and environmental conditions.\n\n(6) Monitoring will take place from 30 minutes prior to initiation of pile driving activity ( i.e., pre-start clearance monitoring) through 30 minutes post-completion of pile driving activity.\n\n(7) If a marine mammal is observed entering or within the shutdown zones indicated in this rule, pile driving activity must be delayed or halted. If pile driving is delayed or halted due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zone or 15 minutes have passed without re-detection of the animal.\n\n(8) The Navy will establish shutdown zones for all pile driving activities. Shutdown zones are limited to 150 m from the point of noise generation. Any remaining area within estimated Level A harassment zones shall be considered part of the \u201cdisturbance zone,\u201d i.e., the Level B harassment zone and, where present, the Level A harassment zone (PTS onset) beyond 150 m from the point of noise generation. For activities where the estimated Level A (PTS onset) harassment zones are smaller than 150 m, the disturbance zone shall include the entire region of influence (ROI), i.e., estimated Level A and Level B harassment zones). Work may proceed without cessation while marine mammals are in the disturbance zone and marine mammal behavior within the disturbance zone will be monitored and documented.\n\n(9) The Navy will conduct monitoring to include the area within 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 (disturbance zone).\n\n(10) Pre-start clearance monitoring will be conducted during periods of visibility sufficient for the lead PSO to determine that the shutdown zones are clear of marine mammals. Pile driving may commence following 30 minutes of observation when the determination is made that the shutdown zones are clear of marine mammals.\n\n(11) If pile driving is delayed or halted due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zone indicated or 15 minutes have passed without re-detection of the animal.\n\n(12) The Navy will use soft start techniques when impact pile driving. Soft start requires contractors to provide an initial set of three strikes from the hammer at reduced energy, followed by a 30-second waiting period. Then two subsequent reduced-energy strike sets would occur. A soft start will 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. Soft start is not required during vibratory pile driving activities.\n\n(13) Pile driving activity must be halted upon observation of either a species entering or within the harassment zone, 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.\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.17.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "R", "Subpart R\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode Island", "", "\u00a7 217.175 Requirements for monitoring and reporting.", "NOAA", "", "", "", "(a) Marine Mammal monitoring must be conducted in accordance with the conditions in this section and the Marine Mammal Monitoring Plan. The Navy must submit a Marine Mammal Monitoring Plan to NMFS for approval in advance of construction.\n\n(b) Monitoring must be conducted by qualified, NMFS-approved PSOs, in accordance with the following conditions:\n\n(1) PSOs must be independent ( i.e., not construction personnel) and have no other assigned tasks during monitoring periods.\n\n(2) At least one PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(3) Other PSOs may substitute other relevant experience, education (degree in biological science or related field), or training for prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(4) Where a team of three or more PSOs is required, a lead observer or monitoring coordinator must be designated. The lead observer must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(5) PSOs must be approved by NMFS prior to beginning any activity subject to this LOA.\n\n(c) The Navy will establish the following monitoring locations. For all pile driving activities, a minimum of one PSO will be assigned to each active pile driving location to monitor the shutdown zones. Trained PSOs will be placed at the best vantage point(s) practicable such as on nearby breakwaters, Gould Island, Coddington Point, or Taylor Point. Visual monitoring will be conducted by, at a minimum, by two PSOs. It is assumed that two to three PSOs would be sufficient to monitor the respective ROIs given the abundance of suitable vantage points. Any activity that would result in threshold exceedance at or more than 1,000 m would require a minimum of three PSOs to effectively monitor the entire ROI. However, additional monitors may be added if warranted by site conditions and/or the level of marine mammal activity in the area.\n\n(d) PSOs must record all observations of marine mammals, regardless of distance from the pile being driven, as well as the additional data indicated in the reporting requirements.\n\n(e) Acoustic monitoring will be conducted in accordance with the Acoustic Monitoring Plan. The Navy will conduct hydroacoustic data collection (sound source verification and propagation loss) in accordance with a hydroacoustic monitoring plan that must be approved by NMFS in advance of construction.\n\n(f) The shutdown/disturbances zones may be modified with NMFS' approval following NMFS' acceptance of an acoustic monitoring report.\n\n(g) The Navy will submit a draft monitoring report to NMFS within 90 calendar days of the completion of required monitoring for each portion of the project as well as a comprehensive summary report at the end of the project. The report will detail the monitoring protocol and summarize the data recorded during monitoring. Final annual reports (each portion of the project and comprehensive) must be prepared and submitted within 30 days following resolution of any NMFS comments on the draft report. If no comments are received from NMFS within 30 days of receipt of the draft report, the report must be considered final. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments.\n\n(h) All draft and final monitoring reports must be submitted to PR.ITP.MonitoringReports@noaa.gov and ITP.Egger@noaa.gov.\n\n(i) The marine mammal report must contain the informational elements described ed in the Marine Mammal Monitoring Plan and, at minimum, include:\n\n(1) Dates and times (begin and end) of all marine mammal monitoring;\n\n(2) Construction activities occurring during each daily observation period, including: the number and types of piles were driven or removed and by what method ( i.e., impact or vibratory) and the total duration of driving time for each pile (vibratory driving) and number of strikes for each pile (impact driving); and\n\n(3) PSO locations during marine mammal monitoring;\n\n(4) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance;\n\n(5) Upon observation of a marine mammal, the following information:\n\n(i) Name of PSO who sighted the animal(s) and PSO location and activity at time of sighting.\n\n(ii) Time of sighting; and\n\n(iii) Identification of the animal ( e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species;\n\n(iv) Distances and location of each marine mammal observed relative to the pile being driven or removed;\n\n(v) Estimated number of animals (min/max/best);\n\n(vi) Estimated number of animals by cohort (adults, juveniles, neonates, group composition etc.);\n\n(vii) Animal's closest point of approach and estimated time spent within the harassment zone; and\n\n(viii) Description of any marine mammal behavioral observations ( e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses thought to have resulted from the activity ( e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);\n\n(6) Number of marine mammals detected within the harassment zones, by species;\n\n(7) Detailed information about any implementation of any mitigation triggered ( e.g., shutdowns and delays), a description of specific actions that ensued, and resulting of the behavior of the animal, if any;\n\n(8) The Navy will submit all PSO datasheets and/or raw sightings data with the draft reports.\n\n(j) The Navy must report the hydroacoustic data collected as required by a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.176 and as described in the Acoustic Monitoring Plan, and at a minimum, must include:\n\n(1) Hydrophone equipment and methods: recording device, sampling rate, distance (m) from the pile where recordings were made; depth of water and recording device(s);\n\n(2) Type and size of pile being driven, substrate type, method of driving during recordings ( e.g., hammer model and energy), and total pile driving duration;\n\n(i) Whether a sound attenuation device is used and, if so, a detailed description of the device used and the duration of its use per pile;\n\n(ii) For impact pile driving (per pile): Number of strikes and strike rate; depth of substrate to penetrate; pulse duration and mean, median, and maximum sound levels (dB re: 1 \u00b5Pa): Root mean square sound pressure level (SPLrms); cumulative sound exposure level (SELcum), peak sound pressure level (SPLpeak), and single-strike sound exposure level (SELs-s);\n\n(iii) For vibratory driving/removal (per pile): Duration of driving per pile; mean, median, and maximum sound levels (dB re: 1 \u00b5Pa): Root mean square sound pressure level (SPLrms), cumulative sound exposure level (SELcum) (and timeframe over which the sound is averaged); and\n\n(iv) One-third octave band spectrum and power spectral density plot.\n\n(k) In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the Navy must report the incident to NMFS Office of Protected Resources (OPR), NMFS ( PR.ITP.MonitoringReports@noaa.gov and ITP.Egger@noaa.gov ) Monitoring) and to the Greater Atlantic Region New England/Mid-Atlantic 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 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 rule and the LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.176. The Navy will not resume their activities until notified by NMFS. The report must include the following information:\n\n(1) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);\n\n(2) Species identification (if known) or description of the animal(s) involved;\n\n(3) Condition of the animal(s) (including carcass condition if the animal is dead);\n\n(4) Observed behaviors of the animal(s), if alive;\n\n(5) If available, photographs or video footage of the animal(s); and\n\n(6) General circumstances under which the animal was discovered."], ["50:50:10.0.1.3.3.17.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "R", "Subpart R\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode Island", "", "\u00a7 217.176 Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to these regulations, the Navy must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations.\n\n(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.\n\n(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 \u00a7 217.177.\n\n(e) The LOA will set forth the following information:\n\n(1) Permissible methods of incidental taking;\n\n(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\n\n(3) Requirements for monitoring and reporting.\n\n(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.\n\n(g) Notice of issuance or denial of an LOA will be published in the Federal Register within 30 days of a determination."], ["50:50:10.0.1.3.3.17.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "R", "Subpart R\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode Island", "", "\u00a7 217.177 Renewals and modifications of Letters of Authorization.", "NOAA", "", "", "", "(a) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.176 for the activity identified in \u00a7 217.170(a) may be renewed or modified upon request by the applicant, provided that:\n\n(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 these regulations; and\n\n(2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented.\n\n(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.\n\n(c) A LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.176 for the activity identified in \u00a7 217.170(a) may be modified by NMFS under the following circumstances:\n\n(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;\n\n(i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in a LOA:\n\n(A) Results from Navy's monitoring from previous years;\n\n(B) Results from other marine mammal and/or sound research or studies; and\n\n(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\n\n(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;\n\n(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 \u00a7\u00a7 216.106 of this chapter and 217.176, a LOA may be modified without prior notice or opportunity for public comment. Notification would be published in the Federal Register within 30 days of the action."], ["50:50:10.0.1.3.3.17.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "R", "Subpart R\u2014Taking and Importing Marine Mammals Incidental to U.S. Navy Bulkhead Replacement/Repairs at Naval Station Newport in Newport, Rhode Island", "", "\u00a7\u00a7 217.178-217.179 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.18.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "S", "Subpart S\u2014Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of America", "", "\u00a7 217.180 Specified activity and specified geographical region.", "NOAA", "", "", "[86 FR 5444, Jan. 19, 2021, as amended at 90 FR 38002, Aug. 7, 2025]", "(a) Regulations in this subpart apply only to oil and gas industry operators (LOA-holders), and those persons authorized to conduct activities on their behalf, for the taking of marine mammals that occurs in the area outlined in paragraph (b) of this section and that occurs incidental to geophysical survey activities.\n\n(b) The taking of marine mammals by oil and gas industry operators may be authorized in a Letter of Authorization (LOA) only if it occurs within U.S. waters in the Gulf of America, outside the area subject to a Congressional leasing moratorium under the Gulf of Mexico Energy Security Act (GOMESA) (Pub L. 109-432, \u00a7 104) as of the effective date of these regulations."], ["50:50:10.0.1.3.3.18.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "S", "Subpart S\u2014Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of America", "", "\u00a7 217.181 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective from April 19, 2021 through April 19, 2026."], ["50:50:10.0.1.3.3.18.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "S", "Subpart S\u2014Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of America", "", "\u00a7 217.182 Permissible methods of taking.", "NOAA", "", "", "", "Under LOAs issued pursuant to \u00a7\u00a7 216.106 of this chapter and 217.186, LOA-holders may incidentally, but not intentionally, take marine mammals within the area described in \u00a7 217.180(b) by Level A and Level B harassment associated with geophysical survey activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA."], ["50:50:10.0.1.3.3.18.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "S", "Subpart S\u2014Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of America", "", "\u00a7 217.183 Prohibitions.", "NOAA", "", "", "", "Notwithstanding takings contemplated in \u00a7\u00a7 217.180 and 217.182, and authorized by a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.186, no person in connection with the activities described in \u00a7 217.180 may:\n\n(a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.186;\n\n(b) Take any marine mammal not specified in such LOAs;\n\n(c) Take any marine mammal specified in such LOAs in any manner other than as specified; or\n\n(d) Take a marine mammal specified in such LOAs if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal."], ["50:50:10.0.1.3.3.18.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "S", "Subpart S\u2014Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of America", "", "\u00a7 217.184 Mitigation requirements.", "NOAA", "", "", "", "When conducting the activities identified in \u00a7 217.180, the mitigation measures contained in any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.186 must be implemented. These mitigation measures shall include but are not limited to:\n\n(a) General conditions. (1) A copy of any issued LOA must be in the possession of the LOA-holder, vessel operator, other relevant personnel, the lead protected species observer (PSO), and any other relevant designees operating under the authority of the LOA.\n\n(2) The LOA-holder must instruct relevant vessel personnel with regard to the authority of the protected species monitoring team (PSO team), and must ensure that relevant vessel personnel and PSO team participate in a joint onboard briefing, led by the vessel operator and lead PSO, prior to beginning work to ensure that responsibilities, communication procedures, protected species monitoring protocols, operational procedures, and LOA requirements are clearly understood. This briefing must be repeated when relevant new personnel join the survey operations before work involving those personnel commences.\n\n(3) The acoustic source must be deactivated when not acquiring data or preparing to acquire data, except as necessary for testing. Unnecessary use of the acoustic source must be avoided. For surveys using airgun arrays as the acoustic source, notified operational capacity ( i.e., total array volume) (not including redundant backup airguns) must not be exceeded during the survey, except where unavoidable for source testing and calibration purposes. All occasions where activated source volume exceeds notified operational capacity must be communicated to the PSO(s) on duty and fully documented. The lead PSO must be granted access to relevant instrumentation documenting acoustic source power and/or operational volume.\n\n(4) PSOs must be used as specified in this paragraph (a)(4).\n\n(i) LOA-holders must use independent, dedicated, qualified PSOs, meaning that the PSOs must be employed by a third-party observer provider, must have no tasks other than to conduct observational effort, collect data, and communicate with and instruct relevant vessel crew with regard to the presence of protected species and mitigation requirements (including brief alerts regarding maritime hazards), and must be qualified pursuant to \u00a7 217.185(a) (except as specified at \u00a7 217.184(d)(2)(iii-iv)). Acoustic PSOs are required to complete specialized training for operating passive acoustic monitoring (PAM) systems and are encouraged to have familiarity with the vessel on which they will be working. PSOs may act as both acoustic and visual observers (but not simultaneously), so long as they demonstrate that their training and experience are sufficient to perform each task.\n\n(ii) The LOA-holder must submit PSO resumes for NMFS review and approval prior to commencement of the survey (except as specified at \u00a7 217.184(d)(2)(iii)). Resumes should include dates of training and any prior NMFS approval, as well as dates and description of last experience, and must be accompanied by information documenting successful completion of an acceptable training course. NMFS is allowed one week to approve PSOs from the time that the necessary information is received by NMFS, after which PSOs meeting the minimum requirements will automatically be considered approved.\n\n(iii) At least one visual PSO and two acoustic PSOs (when required) aboard each acoustic source vessel must have a minimum of 90 days at-sea experience working in those roles, respectively, with no more than eighteen months elapsed since the conclusion of the at-sea experience (except as specified at \u00a7 217.184(d)(2)(iii)). One visual PSO with such experience must be designated as the lead for the entire PSO team. The lead must coordinate duty schedules and roles for the PSO team and serve as the primary point of contact for the vessel operator. (Note that the responsibility of coordinating duty schedules and roles may instead be assigned to a shore-based, third-party monitoring coordinator.) To the maximum extent practicable, the lead PSO must devise the duty schedule such that experienced PSOs are on duty with those PSOs with appropriate training but who have not yet gained relevant experience.\n\n(b) Deep penetration surveys. (1) Deep penetration surveys are defined as surveys using airgun arrays with total volume greater than 1,500 in\n 3 .\n\n(2) Visual monitoring must be conducted as specified in this paragraph (b)(2).\n\n(i) During survey operations ( i.e., any day on which use of the acoustic source is planned to occur, and whenever the acoustic source is in the water, whether activated or not), a minimum of two PSOs must be on duty and conducting visual observations at all times during daylight hours ( i.e., from 30 minutes prior to sunrise through 30 minutes following sunset).\n\n(ii) Visual monitoring must begin not less than 30 minutes prior to ramp-up and must continue until one hour after use of the acoustic source ceases or until 30 minutes past sunset.\n\n(iii) Visual PSOs must coordinate to ensure 360\u00b0 visual coverage around the vessel from the most appropriate observation posts, and must conduct visual observations using binoculars and the naked eye while free from distractions and in a consistent, systematic, and diligent manner.\n\n(iv) Visual PSOs must immediately communicate all observations of marine mammals to the on-duty acoustic PSO, including any determination by the PSO regarding species identification, distance, and bearing and the degree of confidence in the determination.\n\n(v) Any observations of marine mammals by crew members aboard any vessel associated with the survey must be relayed to the PSO team.\n\n(vi) During good conditions ( e.g., daylight hours; Beaufort sea state (BSS) 3 or less), visual PSOs must conduct observations when the acoustic source is not operating for comparison of sighting rates and behavior with and without use of the acoustic source and between acquisition periods, to the maximum extent practicable.\n\n(vii) Visual PSOs may be on watch for a maximum of two consecutive hours followed by a break of at least one hour between watches and may conduct a maximum of 12 hours of observation per 24-hour period. NMFS may grant an exception for LOA applications that demonstrate such a \u201ctwo hours on/one hour off\u201d duty cycle is not practicable, in which case visual PSOs will be subject to a maximum of four consecutive hours on watch followed by a break of at least two hours between watches. Combined observational duties (visual and acoustic but not at the same time) must not exceed 12 hours per 24-hour period for any individual PSO.\n\n(3) Acoustic monitoring must be conducted as specified in this paragraph (b)(3).\n\n(i) All source vessels must use a towed PAM system at all times when operating in waters deeper than 100 m, which must be monitored by a minimum of one acoustic PSO beginning at least 30 minutes prior to ramp-up, at all times during use of the acoustic source, and until one hour after use of the acoustic source ceases. \u201cPAM system\u201d refers to calibrated hydrophone arrays with full system redundancy to detect, identify, and estimate distance and bearing to vocalizing cetaceans, coupled with appropriate software to aid monitoring and listening by a PAM operator skilled in bioacoustics analysis and computer system specifications capable of running appropriate software. The PAM system must have at least one calibrated hydrophone (per each deployed hydrophone type and/or set) sufficient for determining whether background noise levels on the towed PAM system are sufficiently low to meet performance expectations. Applicants must provide a PAM plan including description of the hardware and software proposed for use prior to proceeding with any survey where PAM is required.\n\n(ii) Acoustic PSOs must immediately communicate all detections of marine mammals to visual PSOs (when visual PSOs are on duty), including any determination by the PSO regarding species identification, distance, and bearing, and the degree of confidence in the determination.\n\n(iii) Acoustic PSOs may be on watch for a maximum of four consecutive hours followed by a break of at least two hours between watches, and may conduct a maximum of 12 hours of observation per 24-hour period. Combined observational duties (visual and acoustic but not at the same time) must not exceed 12 hours per 24-hour period for any individual PSO.\n\n(iv) Survey activity may continue for 30 minutes when the PAM system malfunctions or is damaged, while the PAM operator diagnoses the issue. If the diagnosis indicates that the PAM system must be repaired to solve the problem, operations may continue for an additional two hours without acoustic monitoring during daylight hours only under the following conditions:\n\n(A) Sea state is less than or equal to BSS 4;\n\n(B) No marine mammals (excluding delphinids) detected solely by PAM in the applicable exclusion zone in the previous two hours;\n\n(C) NMFS is notified via email as soon as practicable with the time and location in which operations began occurring without an active PAM system; and\n\n(D) Operations with an active acoustic source, but without an operating PAM system, do not exceed a cumulative total of four hours in any 24-hour period.\n\n(4) PSOs must establish and monitor applicable exclusion and buffer zones. These zones must be based upon the radial distance from the edges of the airgun array (rather than being based on the center of the array or around the vessel itself). During use of the acoustic source ( i.e., anytime the acoustic source is active, including ramp-up), occurrence of marine mammals within the relevant buffer zone (but outside the exclusion zone) should be communicated to the operator to prepare for the potential shutdown of the acoustic source.\n\n(i) Two exclusion zones are defined, depending on the species and context. A standard exclusion zone encompassing the area at and below the sea surface out to a radius of 500 meters from the edges of the airgun array (0-500 m) is defined. For special circumstances (defined at \u00a7 217.184(b)(9)(v)), the exclusion zone encompasses an extended distance of 1,500 meters (0-1,500 m).\n\n(ii) During pre-start clearance monitoring ( i.e., before ramp-up begins), the buffer zone acts as an extension of the exclusion zone in that observations of marine mammals within the buffer zone would also preclude airgun operations from beginning ( i.e., ramp-up). For all marine mammals (except where superseded by the extended 1,500-m exclusion zone), the buffer zone encompasses the area at and below the sea surface from the edge of the 0-500 meter exclusion zone out to a radius of 1,000 meters from the edges of the airgun array (500-1,000 m). The buffer zone is not applicable when the exclusion zone is greater than 500 meters, i.e., the observational focal zone is not increased beyond 1,500 meters.\n\n(5) A ramp-up procedure, involving a step-wise increase in the number of airguns firing and total active array volume until all operational airguns are activated and the full volume is achieved, is required at all times as part of the activation of the acoustic source. A 30-minute pre-start clearance observation period must occur prior to the start of ramp-up. The LOA-holder must adhere to the following pre-start clearance and ramp-up requirements:\n\n(i) The operator must notify a designated PSO of the planned start of ramp-up as agreed upon with the lead PSO; the notification time should not be less than 60 minutes prior to the planned ramp-up.\n\n(ii) Ramp-ups must be scheduled so as to minimize the time spent with source activated prior to reaching the designated run-in.\n\n(iii) A designated PSO must be notified again immediately prior to initiating ramp-up procedures and the operator must receive confirmation from the PSO to proceed.\n\n(iv) Ramp-up must not be initiated if any marine mammal is within the applicable exclusion or buffer zone. If a marine mammal is observed within the exclusion zone or the buffer zone during the 30-minute pre-start clearance period, ramp-up must not begin until the animal(s) has been observed exiting the zones or until an additional time period has elapsed with no further sightings (15 minutes for small delphinids and 30 minutes for all other species).\n\n(v) Ramp-up must begin by activating a single airgun of the smallest volume in the array and shall continue in stages by doubling the number of active elements at the commencement of each stage, with each stage of approximately the same duration. Total duration must not be less than 20 minutes. The operator must provide information to the PSO documenting that appropriate procedures were followed.\n\n(vi) Ramp-up must cease and the source shut down upon observation of marine mammals within the applicable exclusion zone. Once ramp-up has begun, observations of marine mammals within the buffer zone do not require shutdown.\n\n(vii) Ramp-up may occur at times of poor visibility, including nighttime, if appropriate acoustic monitoring has occurred with no detections of a marine mammal other than delphinids in the 30 minutes prior to beginning ramp-up. Acoustic source activation may only occur at night where operational planning cannot reasonably avoid such circumstances.\n\n(viii) If the acoustic source is shut down for brief periods ( i.e., less than 30 minutes) for reasons other than implementation of prescribed mitigation ( e.g., mechanical difficulty), it may be activated again without ramp-up if PSOs have maintained constant visual and/or acoustic observation and no visual or acoustic detections of any marine mammal have occurred within the applicable exclusion zone. For any longer shutdown, pre-start clearance observation and ramp-up are required. For any shutdown at night or in periods of poor visibility ( e.g., BSS 4 or greater), ramp-up is required, but if the shutdown period was brief and constant observation maintained, pre-start clearance watch is not required.\n\n(ix) Testing of the acoustic source involving all elements requires ramp-up. Testing limited to individual source elements or strings does not require ramp-up but does require the pre-start clearance observation period.\n\n(6) Shutdowns must be implemented as specified in this paragraph (b)(6).\n\n(i) Any PSO on duty has the authority to delay the start of survey operations or to call for shutdown of the acoustic source pursuant to the requirements of this subpart.\n\n(ii) The operator must establish and maintain clear lines of communication directly between PSOs on duty and crew controlling the acoustic source to ensure that shutdown commands are conveyed swiftly while allowing PSOs to maintain watch.\n\n(iii) When both visual and acoustic PSOs are on duty, all detections must be immediately communicated to the remainder of the on-duty PSO team for potential verification of visual observations by the acoustic PSO or of acoustic detections by visual PSOs.\n\n(iv) When the airgun array is active ( i.e., anytime one or more airguns is active, including during ramp-up) and (1) a marine mammal appears within or enters the applicable exclusion zone and/or (2) a marine mammal (excluding delphinids) is detected acoustically and localized within the applicable exclusion zone, the acoustic source must be shut down. When shutdown is called for by a PSO, the acoustic source must be immediately deactivated and any dispute resolved only following deactivation.\n\n(v) The extended 1,500-m exclusion zone must be applied upon detection (visual or acoustic) of a baleen whale, sperm whale, beaked whale, or Kogia spp. within the zone.\n\n(vi) Shutdown requirements are waived for dolphins of the following genera: Tursiops, Stenella, Steno, and Lagenodelphis. If a delphinid is visually detected within the exclusion zone, no shutdown is required unless the PSO confirms the individual to be of a genus other than those listed above, in which case a shutdown is required. Acoustic detection of delphinids does not require shutdown.\n\n(vii) If there is uncertainty regarding identification or localization, PSOs may use best professional judgment in making the decision to call for a shutdown.\n\n(viii) Upon implementation of shutdown, the source may be reactivated after the marine mammal(s) has been observed exiting the applicable exclusion zone or following a 30-minute clearance period with no further detection of the marine mammal(s).\n\n(c) Shallow penetration surveys. (1) Shallow penetration surveys are defined as surveys using airgun arrays with total volume equal to or less than 1,500 in\n 3 , single airguns, boomers, or equivalent sources.\n\n(2) LOA-holders conducting shallow penetration surveys must follow the requirements defined for deep penetration surveys at \u00a7 217.184(b), with the following exceptions:\n\n(i) Acoustic monitoring is not required for shallow penetration surveys.\n\n(ii) Ramp-up for small airgun arrays must follow the procedure described above for large airgun arrays, but may occur over an abbreviated period of time. Ramp-up is not required for surveys using only a single airgun. For non-airgun sources, power should be increased as feasible to effect a ramp-up.\n\n(iii) Two exclusion zones are defined, depending on the species and context. A standard exclusion zone encompassing the area at and below the sea surface out to a radius of 100 meters from the edges of the airgun array (if used) or from the acoustic source (0-100 m) is defined. For special circumstances (\u00a7 217.184(b)(6)(v)), the exclusion zone encompasses an extended distance of 500 meters (0-500 m).\n\n(iv) The buffer zone encompasses the area at and below the sea surface from the edge of the 0-100 meter exclusion zone out to a radius of 200 meters from the edges of the airgun array (if used) or from the acoustic source (100-200 meters). The buffer zone is not applicable when the exclusion zone is greater than 100 meters.\n\n(d) High-resolution geophysical (HRG) surveys. (1) HRG surveys are defined as surveys using an electromechanical source that operates at frequencies less than 180 kHz, other than those defined at \u00a7 217.184(c)(1) ( e.g., side-scan sonar, multibeam echosounder, or chirp sub-bottom profiler).\n\n(2) LOA-holders conducting HRG surveys must follow the requirements defined for shallow penetration surveys at \u00a7 217.184(c), with the following exceptions:\n\n(i) No shutdowns are required for HRG surveys. Pre-start clearance watch is required as defined at \u00a7 217.184(c), i.e., for a period of 30 minutes and over a 200-m radius from the acoustic source.\n\n(ii) During survey operations ( e.g., any day on which use of the acoustic source is planned to occur, and whenever the acoustic source is in the water, whether activated or not), a minimum of one trained and experienced independent PSO must be on duty and conducting visual observations at all times during daylight hours ( i.e., from 30 minutes prior to sunrise through 30 minutes following sunset) when operating in waters deeper than 100 m.\n\n(iii) When operating in waters shallower than 100 m, LOA-holders must employ one trained visual PSO, who may be a crew member, only for purposes of conducting pre-start clearance monitoring. If PSOs are crew members, i.e., are not independent PSOs, the PSOs are not subject to NMFS' approval. In these circumstances, LOA requests must describe the training that will be provided to crew members filling the role of PSO.\n\n(iv) PSOs are not required during survey operations in which the active acoustic source(s) are deployed on an autonomous underwater vehicle.\n\n(e) Time-area closure. From January 1 through May 31, no use of airguns may occur shoreward of the 20-m isobath and between 90-84\u00b0 W.\n\n(f) Entanglement avoidance. To avoid the risk of entanglement, LOA-holders conducting surveys using ocean-bottom nodes or similar gear must:\n\n(1) Use negatively buoyant coated wire-core tether cable;\n\n(2) Retrieve all lines immediately following completion of the survey; and\n\n(3) Attach acoustic pingers directly to the coated tether cable; acoustic releases should not be used.\n\n(g) Vessel strike avoidance. LOA-holders must adhere to the following requirements:\n\n(1) Vessel operators and crews must maintain a vigilant watch for all marine mammals and must slow down, stop their vessel, or alter course, as appropriate and regardless of vessel size, to avoid striking any marine mammal. A visual observer aboard the vessel must monitor a vessel strike avoidance zone around the vessel, which shall be defined according to the parameters stated in this subsection. Visual observers monitoring the vessel strike avoidance zone may be third-party observers ( i.e., PSOs) or crew members, but crew members responsible for these duties must be provided sufficient training to distinguish marine mammals from other phenomena and broadly to identify a marine mammal as a baleen whale, sperm whale, or other marine mammal;\n\n(2) Vessel speeds must be reduced to 10 kn or less when mother/calf pairs, pods, or large assemblages of marine mammals are observed near a vessel;\n\n(3) All vessels must maintain a minimum separation distance of 500 m from baleen whales;\n\n(4) All vessels must maintain a minimum separation distance of 100 m from sperm whales;\n\n(5) All vessels must, to the maximum extent practicable, attempt to maintain a minimum separation distance of 50 m from all other marine mammals, with an exception made for those animals that approach the vessel; and\n\n(6) When marine mammals are sighted while a vessel is underway, the vessel must take action as necessary to avoid violating the relevant separation distance, e.g., attempt to remain parallel to the animal's course, avoid excessive speed or abrupt changes in direction until the animal has left the area. If marine mammals are sighted within the relevant separation distance, the vessel must reduce speed and shift the engine to neutral, not engaging the engines until animals are clear of the area. This does not apply to any vessel towing gear or any vessel that is navigationally constrained.\n\n(7) These requirements do not apply in any case where compliance would create an imminent and serious threat to a person or vessel or to the extent that a vessel is restricted in its ability to maneuver and, because of the restriction, cannot comply."], ["50:50:10.0.1.3.3.18.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "S", "Subpart S\u2014Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of America", "", "\u00a7 217.185 Requirements for monitoring and reporting.", "NOAA", "", "", "[86 FR 5444, Jan. 19, 2021; 86 FR 18476, Apr. 9, 2021]", "(a) PSO qualifications. (1) PSOs must successfully complete relevant, acceptable training, including completion of all required coursework and passing (80 percent or greater) a written and/or oral examination developed for the training program.\n\n(2) PSOs must have successfully attained a bachelor's degree from an accredited college or university with a major in one of the natural sciences, a minimum of 30 semester hours or equivalent in the biological sciences, and at least one undergraduate course in math or statistics. The educational requirements may be waived if the PSO has acquired the relevant skills through alternate experience. Requests for such a waiver must be submitted to NMFS and shall include written justification. Requests will be granted or denied (with justification) by NMFS within one week of receipt of submitted information. Alternate experience that may be considered includes, but is not limited to:\n\n(i) Secondary education and/or experience comparable to PSO duties;\n\n(ii) Previous work experience conducting academic, commercial, or government-sponsored marine mammal surveys; or\n\n(iii) Previous work experience as a PSO; the PSO should demonstrate good standing and consistently good performance of PSO duties.\n\n(b) Equipment. LOA-holders are required to:\n\n(i) Provide PSOs with bigeye binoculars ( e.g., 25 x 150; 2.7 view angle; individual ocular focus; height control) of appropriate quality solely for PSO use. These must be pedestal-mounted on the deck at the most appropriate vantage point that provides for optimal sea surface observation, PSO safety, and safe operation of the vessel.\n\n(ii) For each vessel required to use a PAM system, provide a PAM system that has been verified and tested by an experienced acoustic PSO who will be using it during the trip for which monitoring is required;\n\n(iii) Work with the selected third-party observer provider to ensure PSOs have all equipment (including backup equipment) needed to adequately perform necessary tasks, including accurate determination of distance and bearing to observed marine mammals. (Equipment specified in A. through G. below may be provided by an individual PSO, the third-party observer provider, or the LOA-holder, but the LOA-holder is responsible for ensuring PSOs have the proper equipment required to perform the duties specified herein.) Such equipment, at a minimum, must include:\n\n(A) Reticle binoculars ( e.g., 7 x 50) of appropriate quality (at least one per PSO, plus backups);\n\n(B) Global Positioning Unit (GPS) (plus backup);\n\n(C) Digital camera with a telephoto lens (the camera or lens should also have an image stabilization system) that is at least 300 mm or equivalent on a full-frame single lens reflex (SLR) (plus backup);\n\n(D) Compass (plus backup);\n\n(E) Radios for communication among vessel crew and PSOs (at least one per PSO, plus backups); and\n\n(F) Any other tools necessary to adequately perform necessary PSO tasks.\n\n(c) Data collection. PSOs must use standardized electronic data forms. PSOs must record detailed information about any implementation of mitigation requirements, including the distance of marine mammals to the acoustic source and description of specific actions that ensued, the behavior of the animal(s), any observed changes in behavior before and after implementation of mitigation, and if shutdown was implemented, the length of time before any subsequent ramp-up or activation of the acoustic source. If required mitigation was not implemented, PSOs must record a description of the circumstances. At a minimum, the following information should be recorded:\n\n(1) Vessel names (source vessel and other vessels associated with survey), vessel size and type, maximum speed capability of vessel, port of origin, and call signs;\n\n(2) PSO names and affiliations;\n\n(3) Dates of departures and returns to port with port name;\n\n(4) Dates of and participants in PSO briefings;\n\n(5) Dates and times (Greenwich Mean Time) of survey effort and times corresponding with PSO effort;\n\n(6) Vessel location (latitude/longitude) when survey effort began and ended and vessel location at beginning and end of visual PSO duty shifts;\n\n(7) Vessel location at 30-second intervals (if software capability allows) or 5-minute intervals (if location must be manually recorded);\n\n(8) Vessel heading and speed at beginning and end of visual PSO duty shifts and upon any line change;\n\n(9) Environmental conditions while on visual survey (at beginning and end of PSO shift and whenever conditions changed significantly), including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon;\n\n(10) Vessel location when environmental conditions change significantly;\n\n(11) Factors that may have contributed to impaired observations during each PSO shift change or as needed as environmental conditions change ( e.g., vessel traffic, equipment malfunctions);\n\n(12) Survey activity information, such as acoustic source power output while in operation, number and volume of airguns operating in an array, tow depth of an acoustic source, and any other notes of significance ( i.e., pre-start clearance, ramp-up, shutdown, testing, shooting, ramp-up completion, end of operations, streamers, etc.); and\n\n(13) Upon visual observation of a marine mammal, the following information:\n\n(i) Watch status (sighting made by PSO on/off effort, opportunistic, crew, alternate vessel/platform);\n\n(ii) PSO who sighted the animal and PSO location (including height above water) at time of sighting;\n\n(iii) Time of sighting;\n\n(iv) Vessel coordinates at time of sighting;\n\n(v) Water depth;\n\n(vi) Direction of vessel's travel (compass direction);\n\n(vii) Speed of the vessel(s) from which the observation was made;\n\n(viii) Direction of animal's travel relative to the vessel;\n\n(ix) Pace of the animal;\n\n(x) Estimated distance to the animal (and method of estimating distance) and its heading relative to vessel at initial sighting;\n\n(xi) Identification of the animal ( e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species;\n\n(xii) Estimated number of animals (high/low/best);\n\n(xiii) Estimated number of animals by cohort (adults, juveniles, group composition, etc.);\n\n(xiv) Description (as many distinguishing features as possible of each individual seen, including length, shape, color, pattern, scars or markings, shape and size of dorsal fin, shape of head, and blow characteristics);\n\n(xv) Detailed behavior observations ( e.g., number of blows/breaths, number of surfaces, breaching, spyhopping, diving, feeding, traveling; as explicit and detailed as possible; note any observed changes in behavior), including an assessment of behavioral responses to survey activity;\n\n(xvi) Animal's closest point of approach (CPA) and/or closest distance from any element of the acoustic source;\n\n(xvii) Platform activity at time of sighting ( e.g., deploying, recovering, testing, shooting, data acquisition, other); and\n\n(xviii) Description of any actions implemented in response to the sighting ( e.g., delays, shutdown, ramp-up) and time and location of the action.\n\n(14) Upon acoustic detection of a marine mammal using a PAM system, the following information:\n\n(i) An acoustic encounter identification number, and whether the detection was linked with a visual sighting;\n\n(ii) Date and time when first and last heard;\n\n(iii) Types and nature of sounds heard ( e.g., clicks, whistles, creaks, burst pulses, continuous, sporadic, strength of signal); and\n\n(iv) Any additional information recorded such as water depth of the hydrophone array, bearing of the animal to the vessel (if determinable), species or taxonomic group (if determinable), spectrogram screenshot, and any other notable information.\n\n(d) Reporting. (1) Annual reporting must be submitted as specified in this paragraph.\n\n(i) LOA-holders must submit a summary report to NMFS on all activities and monitoring results within 90 days of the completion of the survey or expiration of the LOA, whichever comes sooner, and must include all information described above under \u00a7 217.185(c). If an issued LOA is valid for greater than one year, the summary report must be submitted on an annual basis.\n\n(ii) The report must describe activities conducted and sightings of marine mammals, must provide full documentation of methods, results, and interpretation pertaining to all monitoring, and must summarize the dates and locations of survey operations and all marine mammal sightings (dates, times, locations, activities, associated survey activities, and information regarding locations where the acoustic source was used). In addition to the report, all raw observational data must be made available to NMFS.\n\n(iii) For operations requiring the use of PAM, the report must include a validation document concerning the use of PAM, which should include necessary noise validation diagrams and demonstrate whether background noise levels on the PAM deployment limited achievement of the planned detection goals. Copies of any vessel self-noise assessment reports must be included with the report.\n\n(iv) The LOA-holder must provide geo-referenced time-stamped vessel tracklines for all time periods in which airguns (full array or single) were operating. Tracklines must include points recording any change in airgun status ( e.g., when the airguns began operating, when they were turned off). GIS files must be provided in ESRI shapefile format and include the UTC date and time, latitude in decimal degrees, and longitude in decimal degrees. All coordinates must be referenced to the WGS84 geographic coordinate system.\n\n(v) The draft report must be accompanied by a certification from the lead PSO as to the accuracy of the report, and the lead PSO may submit directly to NMFS a statement concerning implementation and effectiveness of the required mitigation and monitoring.\n\n(vi) A final report must be submitted within 30 days following resolution of any comments on the draft report.\n\n(2) Comprehensive reporting must be submitted as specified in this paragraph. LOA-holders must contribute to the compilation and analysis of data for inclusion in an annual synthesis report addressing all data collected and reported through annual reporting in each calendar year. The synthesis period shall include all annual reports deemed to be final by NMFS in a given one-year reporting period. The report must be submitted to NMFS within 90 days following the end of a given one-year reporting period.\n\n(e) Reporting of injured or dead marine mammals. (1) In the event that personnel involved in the survey activities discover an injured or dead marine mammal, the LOA-holder must report the incident to the Office of Protected Resources (OPR), NMFS and to the Southeast Regional Stranding Network as soon as feasible. The report must include the following information:\n\n(i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);\n\n(ii) Species identification (if known) or description of the animal(s) involved;\n\n(iii) Condition of the animal(s) (including carcass condition if the animal is dead);\n\n(iv) Observed behaviors of the animal(s), if alive;\n\n(v) If available, photographs or video footage of the animal(s); and\n\n(vi) General circumstances under which the animal was discovered.\n\n(2) In the event of a ship strike of a marine mammal by any vessel involved in the survey activities, the LOA-holder must report the incident to OPR, NMFS and to the Southeast Regional Stranding Network as soon as feasible. The report must include the following information:\n\n(i) Time, date, and location (latitude/longitude) of the incident;\n\n(ii) Species identification (if known) or description of the animal(s) involved;\n\n(iii) Vessel's speed during and leading up to the incident;\n\n(iv) Vessel's course/heading and what operations were being conducted (if applicable);\n\n(v) Status of all sound sources in use;\n\n(vi) Description of avoidance measures/requirements that were in place at the time of the strike and what additional measures were taken, if any, to avoid strike;\n\n(vii) Environmental conditions ( e.g., wind speed and direction, Beaufort sea state, cloud cover, visibility) immediately preceding the strike;\n\n(viii) Estimated size and length of animal that was struck;\n\n(ix) Description of the behavior of the marine mammal immediately preceding and following the strike;\n\n(x) If available, description of the presence and behavior of any other marine mammals immediately preceding the strike;\n\n(xi) Estimated fate of the animal ( e.g., dead, injured but alive, injured and moving, blood or tissue observed in the water, status unknown, disappeared); and\n\n(xii) To the extent practicable, photographs or video footage of the animal(s).\n\n(3) For deep penetration surveys, in the event of a live stranding (or near-shore atypical milling) event within 50 km of the survey operations, where the NMFS stranding network is engaged in herding or other interventions to return animals to the water, the Director of OPR, NMFS (or designee) will advise the LOA-holder of the need to implement shutdown procedures for all active acoustic sources operating within 50 km of the stranding. Shutdown procedures for live stranding or milling marine mammals include the following:\n\n(i) If at any time, the marine mammal(s) die or are euthanized, or if herding/intervention efforts are stopped, the Director of OPR, NMFS (or designee) will advise the LOA-holder that the shutdown around the animals' location is no longer needed.\n\n(ii) Otherwise, shutdown procedures will remain in effect until the Director of OPR, NMFS (or designee) determines and advises the LOA-holder that all live animals involved have left the area (either of their own volition or following an intervention).\n\n(iii) If further observations of the marine mammals indicate the potential for re-stranding, additional coordination with the LOA-holder 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.\n\n(4) If NMFS determines that the circumstances of any marine mammal stranding found in the vicinity of the activity suggest investigation of the association with survey activities is warranted, and an investigation into the stranding is being pursued, NMFS will submit a written request to the LOA-holder indicating that the following initial available information must be provided as soon as possible, but no later than 7 business days after the request for information. In the event that the investigation is still inconclusive, the investigation of the association of the survey activities is still warranted, and the investigation is still being pursued, NMFS may provide additional information requests, in writing, regarding the nature and location of survey operations prior to the time period above.\n\n(i) Status of all sound source use in the 48 hours preceding the estimated time of stranding and within 50 km of the discovery/notification of the stranding by NMFS; and\n\n(ii) If available, description of the behavior of any marine mammal(s) observed preceding ( i.e., within 48 hours and 50 km) and immediately after the discovery of the stranding."], ["50:50:10.0.1.3.3.18.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "S", "Subpart S\u2014Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of America", "", "\u00a7 217.186 Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to these regulations, prospective LOA-holders must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period not to exceed the expiration date of these regulations.\n\n(c) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, the LOA-holder must apply for and obtain a modification of the LOA as described in \u00a7 217.187.\n\n(d) The LOA shall set forth:\n\n(1) Permissible methods of incidental taking;\n\n(2) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species or stock and its habitat; and\n\n(3) Requirements for monitoring and reporting.\n\n(e) 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 and a determination that the amount of take authorized under the LOA is of no more than small numbers.\n\n(f) For LOA issuance, where either (1) the conclusions put forth in an application ( e.g., take estimates) are based on analytical methods that differ substantively from those used in the development of the rule, or (2) the proposed activity or anticipated impacts vary substantively in scope or nature from those analyzed for the rule, NMFS may publish a notice of proposed LOA in the Federal Register, including the associated analysis of the differences, and solicit public comment before making a decision regarding issuance of the LOA.\n\n(g) Notice of issuance or denial of an LOA shall be published in the Federal Register within thirty days of a determination."], ["50:50:10.0.1.3.3.18.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "S", "Subpart S\u2014Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of America", "", "\u00a7 217.187 Renewals and modifications of Letters of Authorization (LOA).", "NOAA", "", "", "", "(a) An LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.186 for the activity identified in \u00a7 217.180 shall be modified upon request by the applicant, provided that:\n\n(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 (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and\n\n(2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented.\n\n(b) For LOA modification requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that result in 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.\n\n(c) An LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.186 for the activity identified in \u00a7 217.180 may be modified by NMFS under the following circumstances:\n\n(1) NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures (after consulting with the LOA-holder regarding the practicability of the modifications) if doing so is practicable and creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring set forth in the preamble for these regulations;\n\n(i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA:\n\n(A) Results from monitoring from previous years;\n\n(B) Results from other marine mammal and/or sound research or studies; and\n\n(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.\n\n(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.\n\n(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 an LOA issued pursuant to \u00a7 216.106 of this chapter and \u00a7 217.186, 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."], ["50:50:10.0.1.3.3.18.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "S", "Subpart S\u2014Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of America", "", "\u00a7\u00a7 217.188-217.189 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.19.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "T", "Subpart T\u2014Taking Marine Mammals Incidental to U.S. Coast Guard Alaska Facility Maintenance and Repair Activities", "", "\u00a7 217.190 Specified activity and specified geographical region.", "NOAA", "", "", "", "(a) Regulations in this subpart apply only to incidental taking of marine mammals by the U.S. Coast Guard (Coast Guard) and those persons it authorizes or funds to conduct activities on its behalf in the areas outlined in paragraph (b) of this section and that occurs incidental to maintenance construction activities.\n\n(b) The taking of marine mammals by the Coast Guard may be authorized in a Letter of Authorization (LOA) only if it occurs within Gulf of Alaska waters in the vicinity of one of the following eight Coast Guard facilities: Kodiak, Sitka, Ketchikan, Valdez, Cordova, Juneau, Petersburg, and Seward."], ["50:50:10.0.1.3.3.19.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "T", "Subpart T\u2014Taking Marine Mammals Incidental to U.S. Coast Guard Alaska Facility Maintenance and Repair Activities", "", "\u00a7 217.191 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective from March 1, 2024, through February 28, 2029."], ["50:50:10.0.1.3.3.19.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "T", "Subpart T\u2014Taking Marine Mammals Incidental to U.S. Coast Guard Alaska Facility Maintenance and Repair Activities", "", "\u00a7 217.192 Permissible methods of taking.", "NOAA", "", "", "", "Under LOAs issued pursuant to \u00a7\u00a7 216.106 of this chapter and 217.196, the Holder of the LOA (hereinafter \u201cCoast Guard\u201d) may incidentally, but not intentionally, take marine mammals within the areas described in \u00a7 217.190(b) by Level A or Level B harassment associated with maintenance construction activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA."], ["50:50:10.0.1.3.3.19.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "T", "Subpart T\u2014Taking Marine Mammals Incidental to U.S. Coast Guard Alaska Facility Maintenance and Repair Activities", "", "\u00a7 217.193 Prohibitions.", "NOAA", "", "", "", "Except for takings described in \u00a7 217.192 and authorized by a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.196, it shall be unlawful for any person to do any of the following in connection with the activities described in \u00a7 217.190:\n\n(a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.196;\n\n(b) Take any marine mammal not specified in such LOAs;\n\n(c) Take any marine mammal specified in such LOAs in any manner other than as authorized;\n\n(d) Take a marine mammal specified in such LOAs after NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or\n\n(e) Take a marine mammal specified in such LOAs after NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses."], ["50:50:10.0.1.3.3.19.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "T", "Subpart T\u2014Taking Marine Mammals Incidental to U.S. Coast Guard Alaska Facility Maintenance and Repair Activities", "", "\u00a7 217.194 Mitigation requirements.", "NOAA", "", "", "", "When conducting the activities identified in \u00a7 217.190(a), the mitigation measures contained in this subpart and any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.196 must be implemented. These mitigation measures shall include but are not limited to:\n\n(a) General conditions:\n\n(1) A copy of any issued LOA must be in the possession of the Coast Guard, supervisory construction personnel, lead protected species observers, and any other relevant designees of the Coast Guard operating under the authority of this LOA at all times that activities subject to this LOA are being conducted.\n\n(2) The Coast Guard shall conduct training between construction supervisors and crews and the marine mammal monitoring team and relevant Coast Guard staff prior to the start of all down-the-hole (DTH), pile driving, cutting or power washing activity and when new personnel join the work, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood.\n\n(3) The Coast Guard shall avoid direct physical interaction with marine mammals during construction activity. If a marine mammal comes within 20 m of an activity regulated under this subpart, operations must cease and vessels must reduce speed to the minimum level required to maintain steerage and safe working conditions.\n\n(b) Shutdown zones:\n\n(1) For all DTH, pile driving, cutting or power washing activity, the Coast Guard shall implement a minimum shutdown zone of a 20-m radius around the pile or DTH hole. If a marine mammal comes within or approaches the shutdown zone, such operations shall cease.\n\n(2) For all DTH and pile driving activity, the Coast Guard shall implement shutdown zones with radial distances as identified in any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.196. If a marine mammal comes within or approaches the shutdown zone, such operations shall cease.\n\n(3) For all DTH and pile driving activity, the Coast Guard shall designate monitoring zones with radial distances as identified in any LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.196. Anticipated observable zones within the designated monitoring zones shall be identified in the Marine Mammal Monitoring Plan, subject to approval by NMFS.\n\n(c) Shutdown protocols:\n\n(1) The Coast Guard shall deploy Protected Species Observers (PSOs) as indicated in the Marine Mammal Monitoring Plan, which shall be subject to approval by NMFS, and as described in \u00a7 217.195.\n\n(2) For all DTH and pile driving activities, a minimum of one PSO shall be stationed at the active pile driving rig or activity site or in reasonable proximity in order to monitor the entire shutdown zone.\n\n(3) Monitoring must take place from 30 minutes prior to initiation of DTH and pile driving activity through 30 minutes post-completion of DTH and pile driving activity. Pre-start clearance monitoring must be conducted during periods of visibility sufficient for the lead PSO to determine the shutdown zones are clear of marine mammals. DTH and pile driving activity may commence following 30 minutes of observation when the determination is made.\n\n(4) If DTH and pile driving activity is delayed or halted due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zone or 15 minutes have passed without re-detection of the animal.\n\n(5) Should environmental conditions deteriorate such that marine mammals within the entire shutdown zone would not be visible ( e.g., fog, heavy rain, night), the Coast Guard must delay in-water construction activities until observers are confident marine mammals within the shutdown zone could be detected.\n\n(6) Monitoring shall be conducted by trained PSOs, who shall have no other assigned tasks during monitoring periods. Trained PSOs 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 Coast Guard shall adhere to the PSO qualifications in \u00a7 217.195.\n\n(d) The Coast Guard must use soft start techniques for impact pile driving. Soft start for impact drivers requires contractors 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 30 minutes or longer."], ["50:50:10.0.1.3.3.19.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "T", "Subpart T\u2014Taking Marine Mammals Incidental to U.S. Coast Guard Alaska Facility Maintenance and Repair Activities", "", "\u00a7 217.195 Requirements for monitoring and reporting.", "NOAA", "", "", "", "(a) The Coast Guard must submit a Marine Mammal Monitoring Plan to NMFS for approval in advance of construction. Marine mammal monitoring must be conducted in accordance with the conditions in this section and the Marine Mammal Monitoring Plan.\n\n(b) Monitoring must be conducted by qualified, NMFS-approved PSOs, in accordance with the following:\n\n(1) PSOs must be independent of the activity contractor ( i.e. not employed by the construction contractor), and have no other assigned tasks during monitoring periods.\n\n(2) At least one PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(3) Other PSOs may substitute education (degree in biological science or related field) or training for prior experience.\n\n(4) Where a team of three or more PSOs are required, one observer shall be designated as lead observer or monitoring coordinator. The lead observer must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.\n\n(5) The Coast Guard must submit PSO curriculum vitae (CVs) for approval by NMFS. PSOs must be approved by NMFS prior to beginning any activity subject to this regulation.\n\n(c) PSOs must record all observations of marine mammals as described in the Marine Mammal Monitoring Plan, regardless of distance from the pile being driven. PSOs shall document any behavioral reactions in concert with distance from piles being driven or removed.\n\n(d) The Coast Guard shall deploy additional PSOs to monitor harassment zones according to the minimum requirements defined in Marine Mammal Monitoring Plan, subject to approval by NMFS. These observers shall collect sighting data and behavioral responses to pile driving for marine mammal species observed in the region of activity during the period of activity, and shall communicate with the shutdown zone observer(s) as appropriate with regard to the presence of marine mammals. All observers shall be trained in identification and reporting of marine mammal behaviors.\n\n(e) Reporting:\n\n(1) Annual reporting:\n\n(i) Coast Guard shall submit a draft monitoring report to NMFS within 90 work days of the completion of required monitoring for each portion of the project as well as a comprehensive summary report at the end of the project. Coast Guard shall provide a final report within 30 days following resolution of comments on the draft report. If no work requiring monitoring is conducted within a calendar year, Coast Guard shall provide a statement to that effect in lieu of a draft report.\n\n(ii) These reports shall contain, at minimum, the following:\n\n(A) Dates and times (begin and end) of all marine mammal monitoring;\n\n(B) Construction activities occurring during each daily observation period, including the number and type of piles driven or removed and by what method ( i.e., impact or vibratory) and the total equipment duration for vibratory or DTH for each pile. When possible, the number of strikes for each pile/hole (impact driving, DTH); and, for DTH, the duration of operation for both impulsive and non-impulsive components as well as the strike rate must be included;\n\n(C) PSO locations during marine mammal monitoring;\n\n(D) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance;\n\n(E) Upon observation of a marine mammal, the following information: Name of PSO who sighted the animal(s) and PSO location and activity at time of sighting; Time of sighting; Identification of the animal(s) ( e.g., genus and species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species; Distance and bearing of each marine mammal observed relative to the pile being driven for each sighting (if pile driving was occurring at time of sighting); Estimated number of animals (min, max, and best estimate); Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc. ); Animal's closest point of approach and estimated time spent within the harassment zone; and Description of any marine mammal behavioral observations ( e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses thought to have resulted from the activity ( e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);\n\n(F) Number of marine mammals detected within the harassment zones, by species;\n\n(G) Detailed information about any implementation of any mitigation triggered ( e.g., shutdowns and delays), a description of specific actions that ensued, and resulting changes in behavior of the animal(s), if any.\n\n(2) Coast Guard shall submit a comprehensive summary report to NMFS not later than 90 days following the conclusion of marine mammal monitoring efforts described in this subpart. All PSO datasheets and/or raw sighting data must be submitted with the draft reports.\n\n(3) All draft and final monitoring reports must be submitted to PR.ITP.MonitoringReports@noaa.gov and ITP.Hotchkin@noaa.gov.\n\n(f) Reporting of injured or dead marine mammals:\n\n(1) In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the Coast Guard must immediately cease the specified activities and report the incident to the Office of Protected Resources ( PR.ITP.MonitoringReports@noaa.gov and ITP.Hotchkin@noaa.gov ), NMFS and to Alaska Regional Stranding Coordinator as soon as feasible. If the death or injury was likely caused by the specified activity, the Coast Guard 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 regulations under this subpart and LOAs. The Coast Guard must not resume their activities until notified by NMFS. The report must include the following information:\n\n(i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);\n\n(ii) Species identification (if known) or description of the animal(s) involved;\n\n(iii) Condition of the animal(s) (including carcass condition if the animal is dead);\n\n(iv) Observed behaviors of the animal(s), if alive;\n\n(v) If available, photographs or video footage of the animal(s); and\n\n(vi) General circumstances under which the animal was discovered.\n\n(2) [Reserved]"], ["50:50:10.0.1.3.3.19.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "T", "Subpart T\u2014Taking Marine Mammals Incidental to U.S. Coast Guard Alaska Facility Maintenance and Repair Activities", "", "\u00a7 217.196 Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to the regulations under this subpart, the Coast Guard must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of the regulations under this subpart.\n\n(c) If an LOA expires prior to the expiration date of the regulations under this subpart, the Coast Guard may apply for and obtain a renewal of the LOA.\n\n(d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, the Coast Guard must apply for and obtain a modification of the LOA as described in \u00a7 217.197.\n\n(e) The LOA shall set forth:\n\n(1) Permissible methods of incidental taking;\n\n(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\n\n(3) Requirements for monitoring and reporting.\n\n(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 the regulations of this subpart.\n\n(g) Notice of issuance or denial of an LOA shall be published in the Federal Register within 30 days of a determination."], ["50:50:10.0.1.3.3.19.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "T", "Subpart T\u2014Taking Marine Mammals Incidental to U.S. Coast Guard Alaska Facility Maintenance and Repair Activities", "", "\u00a7 217.197 Renewals and modifications of Letters of Authorization.", "NOAA", "", "", "", "(a) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.196 for the activity identified in \u00a7 217.190(a) shall be renewed or modified upon request by the applicant, provided that:\n\n(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 the regulations under this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section), and\n\n(2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA under the regulations of this subpart were implemented.\n\n(b) For LOA modification or renewal requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting (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 proposed LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA.\n\n(c) An LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.196 for the activity identified in \u00a7 217.190(a) may be modified by NMFS under the following circumstances:\n\n(1) Adaptive Management\u2014NMFS may modify (including augment) the existing mitigation, monitoring, or reporting measures (after consulting with the Coast Guard regarding the practicability of the modifications) if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring.\n\n(i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA:\n\n(A) Results from the Coast Guard's monitoring from the previous year(s).\n\n(B) Results from other marine mammal and/or sound research or studies.\n\n(C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations under this subpart or subsequent LOAs.\n\n(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.\n\n(2) Emergencies\u2014If 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 \u00a7\u00a7 216.106 of this chapter and 217.196, 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."], ["50:50:10.0.1.3.3.19.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "T", "Subpart T\u2014Taking Marine Mammals Incidental to U.S. Coast Guard Alaska Facility Maintenance and Repair Activities", "", "\u00a7\u00a7 217.198-217.199 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.2.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "B", "Subpart B\u2014Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, Alaska", "", "\u00a7 217.11 Specified activity and specified geographical region.", "NOAA", "", "", "", "(a) The incidental taking of marine mammals by the Port of Alaska (POA) may be authorized in a Letter of Authorization (LOA) only if it occurs at or around the Port of Alaska, including waters of Knik Arm and Upper Cook Inlet near Anchorage, Alaska incidental to the specified activities outlined in paragraph (b) of this section. Requirements imposed on the POA in this subpart must be implemented by those persons it authorizes or funds to conduct activities on its behalf.\n\n(b) The specified activities are construction and demolition activities associated with the Cargo Terminals Replacement Project under the Port of Alaska Modernization Program at the Don Young Port of Alaska in Anchorage, Alaska."], ["50:50:10.0.1.3.3.2.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "B", "Subpart B\u2014Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, Alaska", "", "\u00a7 217.12 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective from March 1, 2026, until February 28, 2031."], ["50:50:10.0.1.3.3.2.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "B", "Subpart B\u2014Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, Alaska", "", "\u00a7 217.13 Permissible methods of taking.", "NOAA", "", "", "", "Under a LOA issued pursuant to \u00a7\u00a7 216.106 of this chapter and 217.17, the POA and those persons it authorizes or funds to conduct activities on its behalf may incidentally, but not intentionally, take marine mammals within the specified geographical region by harassment associated with the specified activities provided they are in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA."], ["50:50:10.0.1.3.3.2.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "B", "Subpart B\u2014Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, Alaska", "", "\u00a7 217.14 Prohibitions.", "NOAA", "", "", "", "(a) Except for the takings permitted in \u00a7 217.13 and authorized by a LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.17, it is unlawful for any person to do any of the following in connection with the specified activities:\n\n(1) Violate or fail to comply with the terms, conditions, and requirements of this subpart or a LOA issued under this subpart;\n\n(2) Take any marine mammal not specified in such LOA;\n\n(3) Take any marine mammal specified in such LOA in any manner other than specified;\n\n(4) Take a marine mammal specified in such LOA after NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or\n\n(5) Take a marine mammal specified in such LOA after NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.2.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "B", "Subpart B\u2014Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, Alaska", "", "\u00a7 217.15 Mitigation requirements.", "NOAA", "", "", "", "(a) When conducting the specified activities identified in \u00a7 217.11(b), POA must implement the mitigation measures contained in this section and any LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.17. These mitigation measures include, but are not limited to:\n\n(1) A copy of any issued LOA must be in the possession of the POA, its designees, and work crew personnel operating under the authority of the issued LOA;\n\n(2) The POA must ensure that construction supervisors and crews, the monitoring team and relevant POA staff are trained prior to the start of all pile driving so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. New personnel joining during the project must be trained prior to commencing work; and\n\n(3) The POA must employ Protected Species Observers (PSO) and establish monitoring locations pursuant to \u00a7 217.16 and as described in a NMFS-approved Marine Mammal Monitoring and Mitigation Plan;\n\n(i) For all pile driving activities, land-based PSOs must be stationed at the best vantage points practicable to monitor for marine mammals and implement shutdown/delay procedures. A minimum of 4 locations must be used to monitor the designated harassment zones to the maximum extent possible based on daily visibility conditions. Additional PSOs must be added if warranted by site conditions and/or the level of marine mammal activity in the area. PSOs must be able to implement shutdown or delay procedures when applicable through communication with the equipment operator;\n\n(ii) If during pile driving activities, PSOs can no longer effectively monitor the entirety of the Cook Inlet beluga whale (CIBW) shutdown zone due to environmental conditions ( e.g., fog, rain, wind), pile driving may continue only until the current segment of the pile is driven; no additional sections of pile or additional piles may be driven until conditions improve such that the shutdown zone can be effectively monitored. If the shutdown zone cannot be monitored for more than 15 minutes, the entire zone must be cleared again for 30 minutes prior to reinitiating pile driving;\n\n(4) Pre-start clearance monitoring must take place from 30 minutes prior to initiation of pile driving activity ( i.e., pre-start clearance monitoring) through 30 minutes post-completion of pile driving activity;\n\n(i) Pre-start clearance monitoring must be conducted during periods of visibility sufficient for the lead PSO to determine that the shutdown zones are clear of marine mammals;\n\n(ii) Pile driving may only commence if, following 30 minutes of observation, it is determined by the lead PSO that the shutdown zones are clear of marine mammals and for CIBW, any observed whale(s) is at least 100 meters (m) past the shutdown zone and on a path away from the zone or the whale has not been re-sighted for 30 minutes;\n\n(5) For all pile driving activity, the POA must implement shutdown zones with radial distances as identified in a LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.17;\n\n(i) If a marine mammal is observed entering or within the shutdown zone, all pile driving activities, including soft starts, at that location must 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 has been visually confirmed beyond the shutdown zone or 15 minutes (for non-CIBWs) or 30 minutes (for CIBWs) have passed without re-detection of the animal. Specific to CIBW, if a CIBW(s) is observed within or on a path towards the shutdown zone, pile driving activities, including soft starts, must shut down and not re-commence until the whale has traveled at least 100 m beyond the shutdown zone and is on a path away from such zone or until no CIBW has been observed in the shutdown zone for 30 minutes;\n\n(ii) In the event of a delay or shutdown of activity resulting from marine mammals in the shutdown zone, animal behavior must be monitored and documented;\n\n(iii) If work ceases for more than 30 minutes, the shutdown zones must be cleared again for 30 minutes prior to reinitiating pile driving. A determination that the shutdown zone is clear must be made during a period of good visibility;\n\n(iv) If a shutdown procedure should be initiated but human safety is at risk, as determined by the best professional judgment of the vessel operator or project engineer, the in-water activity, including pile driving, is allowed to continue until the risk to human safety has dissipated. In this scenario, pile driving may continue only until the current segment of the pile is driven; no additional sections of pile or additional piles may be driven until the lead PSO has determined that the shutdown zones are clear of marine mammals and, for CIBW, any observed whale(s) is at least 100 m past the shutdown zone and on a path away from the zone;\n\n(v) For in-water construction activities other than pile driving ( e.g., barge positioning; use of barge-mounted excavators; dredging), if a marine mammal comes within 10 m, POA must cease operations and reduce vessel speed to the minimum level required to maintain steerage and safe working conditions. If human safety is at risk, as determined by the best professional judgment of the vessel operator or project engineer, the in-water activity is allowed to continue until the risk to human safety has dissipated;\n\n(6) The POA must use soft start techniques when impact pile driving. Soft start requires the POA to conduct 3 sets of strikes (3 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;\n\n(7) The POA must use bubble curtains for all permanent piles (72-inch (in) diameter) during both vibratory and impact pile driving in waters deeper than 3 m in all months. The bubble curtain must be operated to achieve optimal performance. At a minimum, the bubble curtain must comply with the following:\n\n(i) The bubble curtain must distribute air bubbles around 100 percent of the piling perimeter for the full depth of the water column;\n\n(ii) The lowest bubble ring must be in contact with the mudline and/or rock bottom for the full circumference of the ring, and the weights attached to the bottom ring shall ensure 100 percent mudline and/or rock bottom contact. No parts of the ring or other objects shall prevent full mudline and/or rock bottom contact;\n\n(iii) Air flow to the bubblers must be balanced around the circumference of the pile;\n\n(8) Pile driving activity must be halted upon observation of a species entering or within the harassment zone for 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;\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.2.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "B", "Subpart B\u2014Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, Alaska", "", "\u00a7 217.16 Requirements for monitoring and reporting.", "NOAA", "", "", "", "(a) The POA must submit a Marine Mammal Monitoring and Mitigation Plan to NMFS for approval at least 90 days before the start of construction and abide by the Plan, if approved.\n\n(b) Monitoring must be conducted by qualified, NMFS-approved PSOs, in accordance with the following conditions:\n\n(1) PSOs must be independent of the activity contractor ( e.g., employed by a subcontractor) and have no other assigned tasks during monitoring duties;\n\n(2) PSOs must be approved by NMFS prior to beginning work on the specified activities;\n\n(3) PSOs must be trained in marine mammal identification and behavior;\n\n(i) A designated project lead PSO must always be on site. The project lead PSO must have prior experience performing the duties of a PSO during in-water construction activities pursuant to a NMFS-issued ITA or Letter of Concurrence;\n\n(ii) Each PSO station must also have a designated station lead PSO specific to that station and shift. These station lead PSOs must have prior experience working as a PSO during in-water construction activities;\n\n(iii) Other PSOs may substitute other relevant experience (including relevant Alaska Native traditional knowledge), education (degree in biological science or related field), or training for prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization;\n\n(iv) PSOs must also have sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations; writing skills sufficient to record required information including but not limited to the number and species of marine mammals observed; dates and times when in-water construction activities were conducted; dates, times, and reason for implementation of mitigation (or why mitigation was not implemented when required); and marine mammal behavior; and the ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary.\n\n(4) PSO stations must be elevated platforms constructed on top of shipping containers or a similar base that is at least 8 ft 6 in high ( i.e., the standard height of a shipping container) that can support at least 3 PSOs and their equipment. The platforms must be stable enough to support use of a theodolite and must be located to optimize the PSO's ability to observe marine mammals and the shutdown zones. Each PSO station must have at least 2 PSOs on watch at any given time, including the station lead PSO;\n\n(5) If the POA is conducting in-water work for other projects that includes PSOs, the PSOs for the Cargo Terminals Replacement Project must be in real-time contact with those PSOs, and both sets of PSOs must share all information regarding marine mammal sightings with each other.\n\n(c) The POA must submit weekly monitoring reports within 14 days after the conclusion of each calendar week during each Cargo Terminals Replacement Project construction season. These reports must include a summary of marine mammal species and behavioral observations, construction shutdowns or delays, and construction work completed during the reporting period. The weekly reports also must include an assessment of the amount of construction remaining to be completed ( i.e., the number of estimated hours of work remaining), in addition to the number of CIBW observed within estimated harassment zones to date.\n\n(d) The POA must submit a draft annual summary monitoring report on all monitoring conducted during each construction season which includes final electronic data sheets within 90 calendar days after the completion of each construction season or 60 days prior to a requested date of issuance of any future incidental take authorization for projects at the same location, whichever comes first. A draft comprehensive 5-year summary report must also be submitted to NMFS within 90 days of the end of year 5 of the project. The reports must detail the monitoring protocol and summarize the data recorded during monitoring. If no comments are received from NMFS within 30 days of receipt of the draft report, the report may be considered final. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt. At a minimum, the reports must contain:\n\n(1) Dates and times (begin and end) of all marine mammal monitoring;\n\n(2) Construction activities occurring during each daily observation period, including how many and what type of piles were driven or removed, by what method ( i.e., impact or vibratory), the total duration of driving time for each pile (vibratory driving), and number of strikes for each pile (impact driving);\n\n(3) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), 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);\n\n(4) Upon observation of a marine mammal, the following information should be collected:\n\n(i) Name of the PSO who sighted the animal, observer location, and activity at time of sighting;\n\n(ii) Time of sighting;\n\n(iii) Identification of the animal ( e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species;\n\n(iv) Distances and bearings of each marine mammal observed in relation to the pile being driven for each sighting (if pile driving was occurring at time of sighting);\n\n(v) Estimated number of animals (min/max/best);\n\n(vi) Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc. );\n\n(vii) Animal's closest point of approach and estimated time spent within the harassment zone;\n\n(viii) Description of any marine mammal behavioral observations ( e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses to the activity ( e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);\n\n(ix) Detailed information about any implementation of any mitigation ( e.g., shutdowns and delays), a description of specific actions that ensued, and resulting changes in the behavior of the animal, if any; and\n\n(x) All PSO data in an electronic format that can be queried such as a spreadsheet or database ( i.e., digital images of data sheets are not sufficient).\n\n(e) In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the POA must report the incident to NMFS Office of Protected Resources (OPR) and to the Alaska Regional Stranding Coordinator no later than 24 hours after the initial observation. If the death or injury was caused by the specified activity, the POA must immediately cease the specified activities described in \u00a7 217.11(b) until NMFS OPR is able to review the circumstances of the incident. The POA must not resume their activities until notified by NMFS. The report must include the following information:\n\n(1) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);\n\n(2) Species identification (if known) or description of the animal(s) involved;\n\n(3) Condition of the animal(s) (including carcass condition if the animal is dead);\n\n(4) Observed behaviors of the animal(s), if alive;\n\n(5) If available, photographs or video footage of the animal(s); and\n\n(6) General circumstances under which the animal was discovered."], ["50:50:10.0.1.3.3.2.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "B", "Subpart B\u2014Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, Alaska", "", "\u00a7 217.17 Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to these regulations, the POA must apply for and obtain an LOA.\n\n(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the effective dates of this subpart.\n\n(c) If an LOA expires prior to the end of the effective dates of this subpart, the POA may apply for and obtain a renewal of the LOA.\n\n(d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, the POA must apply for and obtain a modification of the LOA as described in \u00a7 217.18.\n\n(e) The LOA must set forth the following information:\n\n(1) Permissible methods of incidental taking;\n\n(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\n\n(3) Requirements for monitoring and reporting.\n\n(f) Issuance of the LOA must be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under this subpart.\n\n(g) Notice of issuance or denial of an LOA must be published in the Federal Register within 30 days of a determination."], ["50:50:10.0.1.3.3.2.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "B", "Subpart B\u2014Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, Alaska", "", "\u00a7 217.18 Modifications of Letters of Authorization.", "NOAA", "", "", "", "(a) A LOA issued under \u00a7\u00a7 216.106 of this chapter and 217.17 for the specified activities may be modified upon request by the POA, provided that:\n\n(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 this subpart; and\n\n(2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA were implemented.\n\n(b) For LOA modification by the POA that includes changes to the specified activity or the mitigation, monitoring, or reporting measures 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 proposed LOA in the Federal Register, including the associated analysis of the change and solicit public comment before issuing the LOA.\n\n(c) A LOA issued under \u00a7 216.106 of this chapter and \u00a7 217.17 for the specified activity may be modified by NMFS under the following circumstances:\n\n(1) NMFS may modify the existing mitigation, monitoring, or reporting measures, after consulting with the POA regarding the practicability of the modifications, if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring measures;\n\n(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:\n\n(A) Results from the POA's monitoring;\n\n(B) Results from other marine mammal and/or sound research or studies; and\n\n(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; and\n\n(ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS shall publish a notice of proposed LOA in the Federal Register and solicit public comment;\n\n(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 \u00a7\u00a7 216.106 of this chapter and 217.17, a LOA may be modified without prior notice or opportunity for public comment. Notification will be published in the Federal Register within 30 days of the action."], ["50:50:10.0.1.3.3.2.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "B", "Subpart B\u2014Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, Alaska", "", "\u00a7 217.19 [Reserved]", "NOAA", "", "", "", ""], ["50:50:10.0.1.3.3.20.1.1", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.200 Specified activities and specified geographical region.", "NOAA", "", "", "", "(a) Regulations in this subpart apply only to the incidental taking of those marine mammals specified in \u00a7 217.202(b) by the Port of Anchorage and the U.S. Department of Transportation Maritime Administration (MARAD), and those persons it authorizes to engage in construction activities associated with the Port of Anchorage Marine Terminal Redevelopment Project, specifically in-water pile driving, at the Port of Anchorage, Alaska.\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.20.1.10", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.209 Modifications of Letters of Authorization.", "NOAA", "", "", "", "(a) Except as provided in paragraph (b) of this section, no substantive modification (including withdrawal or suspension) to the Letter of Authorization by NMFS, issued pursuant to \u00a7 216.106 of this chapter and \u00a7 217.207 and subject to the provisions of this subpart, shall be made until after notification and an opportunity for public comment has been provided. For purposes of this paragraph, a renewal of a Letter of Authorization under \u00a7 217.208, without modification (except for the period of validity), is not considered a substantive modification.\n\n(b) If the Assistant Administrator determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in \u00a7 217.202(b), a Letter of Authorization issued pursuant to \u00a7 216.106 of this chapter and \u00a7 217.207 may be substantively modified without prior notification and an opportunity for public comment. Notification will be published in the Federal Register within 30 days subsequent to the action."], ["50:50:10.0.1.3.3.20.1.2", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.201 Effective dates.", "NOAA", "", "", "", "Regulations in this subpart are effective from July 15, 2009, through July 14, 2014."], ["50:50:10.0.1.3.3.20.1.3", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.202 Permissible methods of taking.", "NOAA", "", "", "", "(a) Under Letters of Authorization issued pursuant to \u00a7 216.106 of this chapter and \u00a7 217.207, the Port of Anchorage and MARAD, and persons under their authority, may incidentally, but not intentionally, take marine mammals by harassment, within the area described in \u00a7 217.200, provided the activity is in compliance with all terms, conditions, and requirements of these regulations and the appropriate Letter of Authorization.\n\n(b) The taking of marine mammals under a Letter of Authorization is limited to the incidental take, by Level B harassment only, of the following species under the activities identified in \u00a7 217.200(a): Cook Inlet beluga whales (Delphinapterus leucas), harbor seals (Phoca vitulina), harbor porpoises (Phocoena phocoena), and killer whales (Orcinus orca).\n\n(c) The taking by injury or death of the species listed in paragraph (b) of this section or the taking by Level B harassment, injury or death of any other marine mammal species is prohibited and may result in the modification, suspension, or revocation of a Letter of Authorization."], ["50:50:10.0.1.3.3.20.1.4", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.203 Prohibitions.", "NOAA", "", "", "", "Notwithstanding takings contemplated in \u00a7 217.202(b) and authorized by a Letter of Authorization issued under \u00a7 216.106 of this chapter and \u00a7 217.207, no person in connection with the activities described in \u00a7 217.200 may:\n\n(a) Take any marine mammal not specified in \u00a7 217.202(b);\n\n(b) Take any marine mammal specified in \u00a7 217.202(b) other than by incidental, unintentional Level B harassment;\n\n(c) Take a marine mammal specified in \u00a7 217.202(b) if such taking results in more than a negligible impact on the species or stocks of such marine mammal; or\n\n(d) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a Letter of Authorization issued under \u00a7 216.106 of this chapter and \u00a7 217.207."], ["50:50:10.0.1.3.3.20.1.5", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.204 Mitigation.", "NOAA", "", "", "", "(a) When conducting operations identified in \u00a7 217.200(a), the mitigation measures contained in the Letter of Authorization, issued under \u00a7 216.106 of this chapter and \u00a7 217.207, must be implemented. These mitigation measures are:\n\n(1) Through monitoring described under \u00a7 217.205, the Holder of a Letter of Authorization will ensure that no marine mammal is subjected to a sound pressure levels of 190 or 180 dB re: 1 microPa or greater for pinnipeds and cetaceans, respectively. If a marine mammal is detected within or approaching a distance 200 m from in-water pile driving or in-water chipping, operations shall be immediately delayed or suspended until the marine mammal moves outside these designated zones or the animal is not detected within 15 minutes of the last sighting.\n\n(2) If a marine mammal is detected within or approaching the Level B harassment zone designated for impact pile driving (350 m) prior to in-water impact pile driving, operations shall not commence until the animal moves outside this zone or it is not detected within 15 minutes of the last sighting.\n\n(3) If a marine mammal is detected within or approaching the Level B harassment zone designated for vibratory pile driving (1,300 m) prior to in-water vibratory pile driving, operations shall not commence until the marine mammal moves outside this zone or it is not detected within 15 minutes of the last sighting.\n\n(4) A start\u201d technique shall be used at the beginning of each day's in-water pile driving activities or if pile driving has ceased for more than one hour to allow any marine mammal that may be in the immediate area to leave before piling driving reaches full energy. For vibratory hammers, the soft start requires the holder of the Letter of Authorization to initiate noise from the hammers for 15 seconds at reduced energy followed by 1-minute waiting period and repeat the procedure two additional times. If an impact hammer is used, the soft start requires an initial set of three strikes from the impact hammer at 40 percent energy, followed by a one minute waiting period, then two subsequent 3 strike sets.\n\n(5) In-water pile driving or chipping shall not occur when conditions restrict clear, visible detection of all waters within the appropriate harassment zones or the 200 m safety zone. Such conditions that can impair sightibility include, but are not limited to, fog and rough sea state.\n\n(6) In-water piles will be driven with a vibratory hammer to the maximum extent possible (i.e., until a desired depth is achieved or to refusal) prior to using an impact hammer.\n\n(7) In-water impact pile driving shall not occur during the period from two hours before low tide until two hours after low tide.\n\n(8) The following measures apply to all in-water pile driving, except during the \u201cstabbing\u201d phase, and all in-water chipping associated with demolition of the existing dock:\n\n(i) No in-water pile driving (impact or vibratory) or chipping shall occur if any marine mammal is located within 200m of the hammer in any direction. If any marine mammal is sighted within or approaching this 200m safety zone, pile-driving or chipping must be suspended until the animal has moved outside the 200m safety zone or the animal is not resighted within 15 minutes.\n\n(ii) If a group of more than 5 beluga whales is sighted within the Level B harassment isopleths, in-water pile driving shall be suspended. If the group is not re-sighted within 15 minutes, pile driving may resume.\n\n(iii) If a beluga whale calf or group with a calf is sighted within or approaching a harassment zone, in-water pile driving shall cease and shall not be resumed until the calf or group is confirmed to be outside of the harassment zone and moving along a trajectory away from such zone. If the calf or group with a calf is not re-sighted within 15 minutes, pile driving may resume.\n\n(9) If maximum authorized take is reached or exceeded for a particular species, any marine mammal of that species entering into the harassment or safety isopleths will trigger mandatory in-water pile driving shut down.\n\n(10) For Port of Anchorage operated in-water heavy machinery work other than pile driving or chipping (i.e., dredging, dump scowles, tug boats used to move barges, barge mounted hydraulic excavators, or clamshell equipment used to place or remove material), if a marine mammal comes within 50 m, those operations will cease and vessels will reduce to the slowest speed practicable while still maintaining control of the vessel and safe working conditions.\n\n(11) In the event the Port of Anchorage conducts out-of-water blasting, detonation of charges will be delayed if a marine mammal is detected anywhere within a visible distance from the detonation site.\n\n(12) Additional mitigation measures as contained in a Letter of Authorization.\n\n(b) [Reserved]"], ["50:50:10.0.1.3.3.20.1.6", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.205 Requirements for monitoring and reporting.", "NOAA", "", "", "", "(a) The Holder of a Letter of Authorization issued pursuant to \u00a7 216.106 of this chapter and \u00a7 217.207, for activities described in \u00a7 217.200(a) is required to cooperate with NMFS, and any other Federal, state or local agency with authority to monitor the impacts of the activity on marine mammals. Unless specified otherwise in the Letter of Authorization, the Holder of the Letter of Authorization must notify the Administrator, Alaska Region, NMFS, by letter, e-mail, or telephone, at least 2 weeks prior to commencement of seasonal activities and dock demolition possibly involving the taking of marine mammals. If the activity identified in \u00a7 217.200(a) is thought to have resulted in the mortality or injury of any marine mammals or in any take of marine mammals not identified in \u00a7 217.202(b), the Holder of the Letter of Authorization must notify the Director, Office of Protected Resources, NMFS, or designee, by e-mail or telephone (301-713-2289), within 24 hours of the discovery of the injured or dead animal.\n\n(b) The Holder of a Letters of Authorization must designate qualified, on-site marine mammal observers (MMOs), approved in advance by NMFS, as specified in the Letter of Authorization, to:\n\n(1) Conduct visual marine mammal monitoring at the Port of Anchorage beginning 30 minutes prior to and during all in-water pile driving or chipping and out-of-water blasting.\n\n(2) Record the following information on NMFS-approved marine mammal sighting sheets whenever a marine mammal is detected:\n\n(i) Date and time of initial sighting to end of sighting, tidal stage, and weather conditions (including Beaufort Sea State);\n\n(ii) Species, number, group composition, initial and closest distance to pile driving hammer, and behavior (e.g., activity, group cohesiveness, direction and speed of travel, etc.) of animals throughout duration of sighting;\n\n(iii) Any discrete behavioral reactions to in-water work;\n\n(iv) The number (by species) of marine mammals that have been taken;\n\n(v) Pile driving, chipping, or out of water blasting activities occurring at the time of sighting and if and why shut down was or was not implemented.\n\n(3) Employ a scientific marine mammal monitoring team separate from the on-site MMOs to characterize beluga whale abundance, movements, behavior, and habitat use around the Port of Anchorage and observe, analyze, and document potential changes in behavior in response to in-water construction work. This monitoring team is not required to be present during all in-water pile driving operations but will continue monitoring one-year post in-water construction. The on-site MMOs and this marine mammal monitoring team shall remain in contact to alert each other to marine mammal presence when both teams are working.\n\n(c) The Holder of a Letter of Authorization must conduct additional monitoring as required under an annual Letter of Authorization.\n\n(d) The Holder of a Letter of Authorization shall submit a monthly report to NMFS' Headquarters Permits, Education and Conservation Division and the Alaska Region, Anchorage for all months in-water pile driving or chipping takes place. This report must contain the information listed in paragraph (b)(2) of this section.\n\n(e) An annual report must be submitted at the time of application for renewal of a Letter of Authorization. This report will summarize all in-water construction activities and marine mammal monitoring from January 1- December 31, annually, and any discernable short or long term impacts from the Marine Terminal Expansion Project.\n\n(f) A final report must be submitted to NMFS upon application for a subsequent incidental take authorization or, if no future authorization is requested, no later than 90 days post expiration of these regulations. This report will:\n\n(1) Summarize the activities undertaken and the results reported in all previous reports;\n\n(2) Assess the impacts to marine mammals from the port expansion project; and\n\n(3) Assess the cumulative impacts on marine mammals."], ["50:50:10.0.1.3.3.20.1.7", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.206 Applications for Letters of Authorization.", "NOAA", "", "", "", "(a) To incidentally take marine mammals pursuant to these regulations, the U.S. citizen (as defined by \u00a7 216.103 of this chapter) conducting the activity identified in \u00a7 217.200(a) (the Port of Anchorage and MARAD) must apply for and obtain either an initial Letter of Authorization in accordance with \u00a7 217.207 or a renewal under \u00a7 217.208.\n\n(b) The application must be submitted to NMFS at least 60 days before the expiration of the initial or current Letter of Authorization.\n\n(c) Applications for a Letter of Authorization and for renewals of Letters of Authorization must include the following:\n\n(1) Name of the U.S. citizen requesting the authorization,\n\n(2) The date(s), duration, and the specified geographic region where the activities specified in \u00a7 217.200 will occur; and\n\n(3) The most current population estimate of Cook Inlet beluga whales and the estimated percentage of marine mammal populations potentially affected for the 12-month period of effectiveness of the Letter of Authorization;\n\n(4) A summary of take levels, monitoring efforts and findings at the Port of Anchorage to date.\n\n(d) The National Marine Fisheries Service will review an application for a Letter of Authorization in accordance with this section and, if adequate and complete, issue a Letter of Authorization."], ["50:50:10.0.1.3.3.20.1.8", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.207 Letters of Authorization.", "NOAA", "", "", "", "(a) A Letter of Authorization, unless suspended or revoked, will be valid for a period of time not to exceed the period of validity of this subpart, but must be renewed annually subject to annual renewal conditions in \u00a7 217.208.\n\n(b) Each Letter of Authorization will set forth:\n\n(1) Permissible methods of incidental taking; and\n\n(2) Requirements for mitigation, monitoring and reporting, including, but not limited to, means of effecting the least practicable adverse impact on the species, its habitat, and on the availability of the species for subsistence uses.\n\n(c) Issuance of a Letter of Authorization will be based on the determination that the number of marine mammals taken during the period the Letter of Authorization is valid will be small, that the total taking of marine mammals by the activities specified in \u00a7 217.200(a) will have no more than a negligible impact on the species or stock of affected marine mammal(s), and that the total taking will not have an unmitigable adverse impact on the availability of species or stocks of marine mammals for subsistence uses.\n\n(d) Notice of issuance or denial of an application for a Letter of Authorization will be published in the Federal Register within 30 days of a determination."], ["50:50:10.0.1.3.3.20.1.9", 50, "Wildlife and Fisheries", "II", "C", "217", "PART 217\u2014REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES", "U", "Subpart U\u2014Taking Of Marine Mammals Incidental To The Port of Anchorage Marine Terminal Redevelopment Project", "", "\u00a7 217.208 Renewal of Letters of Authorization.", "NOAA", "", "", "", "(a) A Letter of Authorization issued under \u00a7 216.106 of this chapter and \u00a7 217.207 for the activity identified in \u00a7 217.200(a) will be renewed annually upon:\n\n(1) Notification to NMFS that the activity described in the application submitted under \u00a7 217.206 will be undertaken and that there will not be a substantial modification to the described work, mitigation or monitoring undertaken during the upcoming 12 months;\n\n(2) Timely receipt of the monitoring reports required under \u00a7 217.205(d) and (e), and the Letter of Authorization issued under \u00a7 217.207, which has been reviewed and accepted by NMFS; and\n\n(3) A determination by NMFS that the mitigation, monitoring and reporting measures required under \u00a7\u00a7 217.204 and 217.205 and the Letter of Authorization issued under \u00a7 216.106 of this chapter and \u00a7 217.207, were undertaken and will be undertaken during the upcoming annual period of validity of a renewed Letter of Authorization; and\n\n(4) A determination by NMFS that the number of marine mammals taken during the period of the Letter of Authorization will be small, that the total taking of marine mammals by the activities specified in \u00a7 217.200(a) will have no more than a negligible impact on the species or stock of affected marine mammal(s), and that the total taking will not have an unmitigable adverse impact on the availability of species or stocks of marine mammals for subsistence uses.\n\n(b) If a request for a renewal of a Letter of Authorization issued under \u00a7 216.106 of this chapter and this section indicates that a substantial modification to the described work, mitigation or monitoring undertaken during the upcoming season will occur, NMFS will provide the public a period of 30 days for review and comment on the request.\n\n(c) Notice of issuance or denial of a renewal of a Letter of Authorization will be published in the Federal Register within 30 days of a determination."]], "truncated": false, "filtered_table_rows_count": 224, "expanded_columns": [], "expandable_columns": [], "columns": ["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"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select 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 from cfr_sections where \"part_number\" = :p0 and \"title_number\" = :p1 order by section_id limit 101", "params": {"p0": "217", "p1": "50"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=217&title_number=50", "results": [{"value": 50, "label": 50, "count": 224, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=217", "selected": true}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=217&title_number=50", "results": [{"value": "NOAA", "label": "NOAA", "count": 224, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=217&title_number=50&agency=NOAA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=217&title_number=50", "results": [{"value": "217", "label": "217", "count": 224, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?title_number=50", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=217&title_number=50&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=217&title_number=50&_facet=subpart_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=217&title_number=50&_facet=amendment_citations"}], "next": "50~3A50~3A10~2E0~2E1~2E3~2E3~2E20~2E1~2E9,50~3A50~3A10~2E0~2E1~2E3~2E3~2E20~2E1~2E9", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=217&title_number=50&_next=50~3A50~3A10~2E0~2E1~2E3~2E3~2E20~2E1~2E9%2C50~3A50~3A10~2E0~2E1~2E3~2E3~2E20~2E1~2E9&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 767.3812869470567, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}