cfr_sections
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80 rows where part_number = 218 and title_number = 50 sorted by section_id
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| 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 |
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| 50:50:10.0.1.3.4.1.1.1 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia | § 218.1 Specified activity and geographical region. | NOAA | (a) Regulations in this subpart apply only to the U.S. Navy (Navy) and those persons it authorizes or funds to conduct activities on its behalf for the taking of marine mammals that occurs in the areas outlined in paragraph (b) of this section and that occurs incidental to construction activities including marine structure maintenance, pile replacement, and select waterfront improvements at Naval Station (NAVSTA) Norfolk. (b) The taking of marine mammals by the Navy may be authorized in a Letter of Authorization (LOA) only if it occurs at NAVSTA Norfolk and adjacent Navy facilities. | ||||
| 50:50:10.0.1.3.4.1.1.2 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia | § 218.2 Effective dates. | NOAA | Regulations in this subpart are effective from June 7, 2021 to June 7, 2026. | ||||
| 50:50:10.0.1.3.4.1.1.3 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia | § 218.3 Permissible methods of taking. | NOAA | Under an LOA issued pursuant to §§ 216.106 of this chapter and 218.7, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.1(b) by Level B harassment associated with construction activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. | ||||
| 50:50:10.0.1.3.4.1.1.4 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia | § 218.4 Prohibitions. | NOAA | (a) Except for the takings contemplated in § 218.3 and authorized by a LOA issued under §§ 216.106 of this chapter and 218.7, it is unlawful for any person to do any of the following in connection with the activities described in § 218.1 may: (1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under § 216.106 of this chapter and § 218.7; (2) Take any marine mammal not specified in such LOA; (3) Take any marine mammal specified in such LOA in any manner other than as specified; (4) Take a marine mammal specified in such LOA if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or (5) Take a marine mammal specified in such LOA if NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses. (b) [Reserved] | ||||
| 50:50:10.0.1.3.4.1.1.5 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia | § 218.5 Mitigation requirements. | NOAA | (a) When conducting the activities identified in § 218.20(a), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 218.7 must be implemented. These mitigation measures shall include but are not limited to: (1) A copy of any issued LOA must be in the possession of the Navy, its designees, and work crew personnel operating under the authority of the issued LOA; (2) The Navy shall conduct briefings for construction supervisors and crews, the monitoring team, and Navy staff prior to the start of all pile driving activity, and when new personnel join the work, in order to explain responsibilities, communication procedures, the marine mammal monitoring protocol, and operational procedures; (3) For in-water heavy machinery work other than pile driving, if a marine mammal comes within 10 m, the Navy shall cease operations and reduce vessel speed to the minimum level required to maintain steerage and safe working conditions; (4) For all pile driving activity, the Navy shall implement a minimum shutdown zone of a 10 m radius around the pile. If a marine mammal comes within or approaches the shutdown zone, such operations shall cease; (5) For all pile driving activity, the Navy shall implement shutdown zones with radial distances as identified in a LOA issued under §§ 216.106 of this chapter and 218.7. If a marine mammal comes within or approaches the shutdown zone, such operations shall cease; (6) The Navy shall deploy protected species observers (observers) as indicated in its Marine Mammal Monitoring Plan approved by NMFS; (7) A minimum of three PSOs shall be stationed at the best vantage points practicable to monitor for marine mammals and implement shutdown/delay procedures during vibratory pile driving at Pier 3, Pier 12, and Craney Island, and at least four PSOs must be stationed at the best vantage points practicable during vibratory pile driving at Lambert's Point. For all other pile driving activities, a minimum of two observers shall be stationed at the best vantage po… | ||||
| 50:50:10.0.1.3.4.1.1.6 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia | § 218.6 Requirements for monitoring and reporting. | NOAA | (a) The Navy shall submit a Marine Mammal Monitoring Plan to NMFS for approval in advance of construction. (b) The Navy shall deploy at least three PSOs during vibratory pile driving at Pier 3, Pier 12, and Craney Island, and at least four PSOs during vibratory pile driving at Lambert's Point. For all other pile driving activities, the Navy shall deploy a minimum of two PSOs. (c) Observers shall be trained in marine mammal identification and behaviors. Observers shall have no other construction-related tasks while conducting monitoring. (d) For all pile driving activities, a minimum of two observers shall be stationed at the active pile driving site or in reasonable proximity in order to monitor the shutdown zone. (e) The Navy shall monitor the Level B harassment zones (areas where SPLs are equal to or exceed the 160 dB rms threshold for impact driving and the 120 dB rms threshold during vibratory pile driving) to the extent practicable and the shutdown zones. The Navy shall monitor at least a portion of the Level B harassment zone on all pile driving days. (f) The Navy shall submit a draft monitoring report to NMFS within 45 work days of the completion of required monitoring for each marine structure maintenance, pile replacement, and upgrades project. The report must detail the monitoring protocol and summarize the data recorded during monitoring. If no comments are received from NMFS within 30 days, the draft report will constitute the final report. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments. Specifically, the report must include: (1) Dates and times (begin and end) of all marine mammal monitoring; (2) Construction activities occurring during each daily observation period, including how many and what type of piles were driven or removed and by what method ( i.e., impact or vibratory); (3) Environmental conditions during monitoring periods (at beginning and end of observer shift and whenever conditions change significantl… | ||||
| 50:50:10.0.1.3.4.1.1.7 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia | § 218.7 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to these regulations, the Navy must apply for and obtain an LOA. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations. (c) If an LOA expires prior to the expiration date of these regulations, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, the Navy must apply for and obtain a modification of the LOA as described in § 218.8. (e) The LOA shall set forth the following information: (1) Permissible methods of incidental taking; (2) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species, its habitat, and on the availability of the species for subsistence uses; and (3) Requirements for monitoring and reporting. (f) Issuance of the LOA shall be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations. (g) Notice of issuance or denial of an LOA shall be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.4.1.1.8 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia | § 218.8 Renewals and modifications of Letters of Authorization. | NOAA | (a) An LOA issued under §§ 216.106 of this chapter and 218.7 for the activity identified in § 218.1(a) shall be renewed or modified upon request by the applicant, provided that: (1) The proposed specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for these regulations, and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), NMFS may publish a notice of proposed LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under § 216.106 of this chapter and § 218.7 for the activity identified in § 218.1(a) may be modified by NMFS under the following circumstances: (1) NMFS may modify (including augment) the existing mitigation, monitoring, or reporting measures (after consulting with Navy regarding the practicability of the modifications) if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring set forth in the preamble for these regulations. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in a LOA: (A) Results from Navy's monitoring from previous years; (B) Results from other marine mammal and/or sound research or studies; (C) Any information that reveals marine mammals may have been taken in a manner, extent or number not authorized by these regulations or subsequent LOAs; and (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or r… | ||||
| 50:50:10.0.1.3.4.1.1.9 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Taking and Importing Marine Mammals Incidental to U.S. Navy Construction at Naval Station Norfolk in Norfolk, Virginia | § 218.9 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.4.10.1.1 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | P | Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area | § 218.150 Specified activity and geographical region. | NOAA | (a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The Gulf of Alaska (GOA) Study Area is entirely at sea and is comprised of three areas: a TMAA, a warning area, and the WMA located south and west of the TMAA. The TMAA and WMA are temporary areas established within the GOA for ships, submarines, and aircraft to conduct training activities. The TMAA is a polygon roughly resembling a rectangle oriented from northwest to southeast, approximately 300 nautical miles (nmi; 556 km) in length by 150 nmi (278 km) in width, located south of Montague Island and east of Kodiak Island. The warning area overlaps and extends slightly beyond the northern corner of the TMAA. The WMA provides an additional 185,806 nmi 2 of surface, sub-surface, and airspace training area to support activities occurring within the TMAA. The boundary of the WMA follows the bottom of the slope at the 4,000 m contour line. (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training activities, including: (1) Anti-Submarine Warfare; and (2) Surface Warfare. | ||||
| 50:50:10.0.1.3.4.10.1.2 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | P | Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area | § 218.151 Effective dates and definitions. | NOAA | (a) Regulations in this subpart are effective February 3, 2023 through February 2, 2030. (b) In additions to the definitions contained in section 2 of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1362, and § 218.103, the following definitions apply to this subpart: (1) GOA Study Area means the area described in § 218.150(b). (2) TMAA means Temporary Maritime Activities Area, as described in § 218.150(b). (3) WMA means Western Maneuver Area, as described in § 218.150(b). (4) LOA means a Letter of Authorization issued under §§ 216.106 of this chapter and 218.156. (5) MTE means major training exercise. (6) Navy means United States Department of the Navy. (7) Navy personnel means active-duty and reserve uniformed Navy personnel and Navy civil servants. (8) Navy contractor means any individual, firm, corporation, partnership, association, or other legal non-Federal entity that enters into a contract directly with the Navy to furnish services, supplies, or construction and is performing or acting in furtherance of those duties. (9) Lookout means an individual designated the responsibility of visually observing mitigation zones. (10) Training activities means military readiness activities described in § 218.150. | ||||
| 50:50:10.0.1.3.4.10.1.3 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | P | Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area | § 218.152 Permissible methods of taking. | NOAA | (a) Under an LOA issued pursuant to §§ 216.106 of this chapter and 218.156, the Navy may incidentally, but not intentionally, take marine mammals within the TMAA only, by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.150(c) is limited to the following species: Table 1 to § 218.152( b ) | ||||
| 50:50:10.0.1.3.4.10.1.4 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | P | Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area | § 218.153 Prohibitions. | NOAA | (a) Except for incidental takings contemplated in § 218.152(a) and authorized by an LOA issued under §§ 216.106 of this chapter and 218.156, it shall be unlawful for any person to do any of the following in connection with the activities listed in § 218.150(c): (1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 218.156; (2) Take any marine mammal not specified in § 218.152(b); (3) Take any marine mammal specified in § 218.152(b) in any manner other than as specified in the LOA; or (4) Take a marine mammal specified in § 218.152(b) if the National Marine Fisheries Service (NMFS) determines such taking results in more than a negligible impact on the species or stocks of such marine mammal. (b) [Reserved] | ||||
| 50:50:10.0.1.3.4.10.1.5 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | P | Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area | § 218.154 Mitigation requirements. | NOAA | (a) When conducting the activities identified in § 218.150(c), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 218.156 must be implemented. If Navy contractors are serving in a role similar to Navy personnel, Navy contractors will follow the mitigation applicable to Navy personnel. These mitigation measures include, but are not limited to: (1) Procedural mitigation. Procedural mitigation is mitigation that the Navy must implement whenever and wherever an applicable training activity takes place within the GOA Study Area for acoustic stressors ( i.e., active sonar, weapons firing noise), explosive stressors ( i.e., large-caliber projectiles, bombs), and physical disturbance and strike stressors ( i.e., vessel movement, towed in-water devices, small-, medium-, and large-caliber non-explosive practice munitions, non-explosive bombs). (i) Environmental awareness and education. Appropriate Navy personnel (including civilian personnel) involved in mitigation and training activity reporting under the specified activities must complete the environmental compliance training modules identified in their career path training plan, as specified in the LOA. (ii) Active sonar. Active sonar includes mid-frequency active sonar and high-frequency active sonar. For vessel-based active sonar activities, mitigation applies only to sources that are positively controlled and deployed from manned surface vessels ( e.g., sonar sources towed from manned surface platforms). For aircraft-based active sonar activities, mitigation applies only to sources that are positively controlled and deployed from manned aircraft that do not operate at high altitudes ( e.g., rotary-wing aircraft). Mitigation does not apply to active sonar sources deployed from unmanned aircraft or aircraft operating at high altitudes ( e.g., maritime patrol aircraft). (A) Number of Lookouts and observation platform for hull-mounted sources. For hull-mounted sources, the Navy must have one Lookout for platforms wi… | ||||
| 50:50:10.0.1.3.4.10.1.6 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | P | Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area | § 218.155 Requirements for monitoring and reporting. | NOAA | (a) Unauthorized take. Navy personnel must notify NMFS immediately (or as soon as operational security considerations allow) if the specified activity identified in § 218.150 is thought to have resulted in the mortality or serious injury of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not authorized under this subpart. (b) Monitoring and reporting under the LOA. The Navy must conduct all monitoring and reporting required under the LOA, including abiding by the U.S. Navy's Marine Species Monitoring Program. Details on program goals, objectives, project selection process, and current projects are available at www.navymarinespeciesmonitoring.us . (c) Notification of injured, live stranded, or dead marine mammals. Navy personnel must consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities . (d) Annual GOA Marine Species Monitoring Report. The Navy must submit an annual report of the GOA Study Area monitoring, which will be included in a Pacific-wide monitoring report and include results specific to the GOA Study Area, describing the implementation and results from the previous calendar year. Data collection methods must be standardized across Pacific Range Complexes including the Mariana Islands Training and Testing (MITT), Hawaii-Southern California Training and Testing (HSTT), Northwest Training and Testing (NWTT), and Gulf of Alaska (GOA) Study Areas to allow for comparison among different geographic locations. The report must be submitted to the Director, Office of Protected Resources, NMFS, either within 3 months after the end of the calendar year, or within 3 months after the conclusion of the monitoring year, to be determined by the adaptive management process. NM… | ||||
| 50:50:10.0.1.3.4.10.1.7 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | P | Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area | § 218.156 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to this subpart, the Navy must apply for and obtain an LOA in accordance with § 216.106 of this chapter. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) If an LOA expires prior to the expiration date of this subpart, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.157(c)(1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in § 218.157. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species and stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (f) Issuance of the LOA will be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under this subpart. (g) Notice of issuance or denial of the LOA will be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.4.10.1.8 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | P | Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area | § 218.157 Renewals and modifications of Letters of Authorization. | NOAA | (a) An LOA issued under §§ 216.106 of this chapter and 218.156 for the activity identified in § 218.150(c) may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for this subpart or result in no more than a minor change in the total estimated number of takes (or distribution by species or stock or years), NMFS may publish a notice of the proposed changes to the LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.156 may be modified by NMFS under the following circumstances: (1) After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's monitoring from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a man… | ||||
| 50:50:10.0.1.3.4.10.1.9 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | P | Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area | § 218.158 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.4.12.1.1 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | X | Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans | § 218.230 Specified activity, level of taking, and species/stocks. | NOAA | Regulations in this subpart apply to the U.S. Navy (Navy) for the taking of marine mammals that occurs incidental to the Navy's SURTASS LFA sonar training and testing activities under authority of the Secretary of the Navy within the central and western North Pacific and eastern Indian Oceans (SURTASS LFA Sonar Study Area) (Table 1 to § 218.230). Table 1 to § 218.230—Species/Stocks Proposed for Authorization by Level B Harassment for the 7-Year Period of the Proposed Rule by SURTASS LFA Sonar Training and Testing Activities 1 ANT = Antarctic; CNP = Central North Pacific; NP = North Pacific; NIND = Northern Indian; SIND = Southern Indian; IND = Indian; WNP = Western North Pacific; ECS = East China Sea; WP = Western Pacific; SOJ = Sea of Japan; IA = Inshore Archipelago; WAU = Western Australia; YS = Yellow Sea; OE = Offshore Japan; OW = Nearshore Japan; JW = Sea of Japan/Minke; JE = Pacific coast of Japan; SH = Southern Hemisphere; DPS = distinct population segment. | ||||
| 50:50:10.0.1.3.4.12.1.2 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | X | Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans | § 218.231 Effective dates. | NOAA | Regulations in this subpart are effective from August 13, 2019, through August 12, 2026. | ||||
| 50:50:10.0.1.3.4.12.1.3 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | X | Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans | § 218.232 Permissible methods of taking. | NOAA | Under a Letter or Letters of Authorization (LOA) issued pursuant to §§ 216.106 of this chapter and 218.237, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.230 by Level B harassment associated with SURTASS LFA sonar training and testing provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. | ||||
| 50:50:10.0.1.3.4.12.1.4 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | X | Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans | § 218.233 Prohibitions. | NOAA | Notwithstanding takings contemplated in § 218.230 and authorized by a LOA issued under §§ 216.106 of this chapter and 218.237, no person in connection with the activities described in § 218.230 may: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under §§ 216.106 of this chapter and 218.237; (b) Take any marine mammal not specified in such LOAs; (c) Take any marine mammal specified in such LOAs in any manner other than Level B harassment; (d) Take any marine mammal specified in the LOA if NMFS makes a determination that such taking is having, or may have, more than a negligible impact on the species or stocks concerned; or (e) Take a marine mammal specified in the LOA if NMFS determines such taking is having, or may have, an unmitigable adverse impact on availability of the species or stock for taking for subsistence uses. | ||||
| 50:50:10.0.1.3.4.12.1.5 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | X | Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans | § 218.234 Mitigation. | NOAA | When conducting activities identified in § 218.230, the mitigation measures described in this section and in any LOA issued under §§ 216.106 of this chapter and 218.237 must be implemented. (a) Personnel training—lookouts. The Navy will utilize one or more trained marine biologists qualified in conducting at-sea marine mammal visual monitoring to conduct at-sea marine mammal visual monitoring training and qualify designated ship personnel to conduct at-sea visual monitoring. Training will ensure quick and effective communication within the command structure in order to facilitate implementation of protective measures if they detect marine mammals and may be accomplished either in-person, or via video training. (b) General operating procedures. (1) Prior to SURTASS LFA sonar activities, the Navy will promulgate executive guidance for the administration, execution, and compliance with the environmental regulations under these regulations and LOA. (2) The Navy must not transmit the SURTASS LFA sonar signal at a frequency greater than 500 Hz. (c) 2,000-yard LFA sonar mitigation zone; suspension and delay. If a marine mammal is detected, through monitoring required under § 218.235, within or about to enter within 2,000 yards of the SURTASS LFA source ( i.e., the LFA mitigation zone), the Navy must immediately delay or suspend SURTASS LFA sonar transmissions. (d) Resumption of SURTASS LFA sonar transmissions. (1) The Holder of a LOA may not resume SURTASS LFA sonar transmissions earlier than 15 minutes after: (i) All marine mammals have left the area of the 2,000-yard LFA sonar mitigation zone; and (ii) There is no further detection of any marine mammal within the 2,000-yard LFA sonar mitigation zone as determined by the visual, passive acoustic, and active acoustic high frequency monitoring described in § 218.235. (2) [Reserved] (e) Ramp-up procedures for the high-frequency marine mammal monitoring (HF/M3) sonar required under § 218.235. (1) The Navy must ramp up the HF/M3 sonar power level beginni… | ||||
| 50:50:10.0.1.3.4.12.1.6 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | X | Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans | § 218.235 Requirements for monitoring. | NOAA | (a) The Navy must: (1) Conduct visual monitoring from the ship's bridge during all daylight hours (30 minutes before sunrise until 30 minutes after sunset). During training and testing activities that employ SURTASS LFA sonar in the active mode, the SURTASS vessels must have Lookouts to maintain a topside watch with standard binoculars (7x) and with the naked eye. If the lookout sights a possible marine mammal, the lookout will use big-eye binoculars (25x) to confirm the sighting and potentially identify the marine mammal species. (2) Use the passive SURTASS sonar component to detect vocalizing marine mammals; and (3) Use the HF/M3 sonar to locate and track marine mammals in relation to the SURTASS LFA sonar vessel and the LFA mitigation zone, subject to the ramp-up requirements in § 216.234(e) of this chapter. (b) Monitoring under paragraph (a) of this section must: (1) Commence at least 30 minutes before the first SURTASS LFA sonar training and testing transmission; (2) Continue between transmission pings; and (3) Continue either for at least 15 minutes after completion of the SURTASS LFA sonar training and testing transmission, or, if marine mammals are exhibiting unusual changes in behavioral patterns, until behavior patterns return to normal or conditions prevent continued observations. (c) The Navy must designate qualified on-site individuals to conduct the mitigation, monitoring, and reporting activities specified in these regulations and LOA issued under §§ 216.106 of this chapter and 218.237. (d) The Navy must continue to assess data from the Marine Mammal Monitoring Program and work toward making some portion of that data, after appropriate security reviews, available to scientists with appropriate clearances. Any portions of the analyses conducted by these scientists based on these data that are determined to be unclassified after appropriate security reviews will be made publically available. (e) The Navy must collect ambient noise data and will explore the feasibility of declassifying and a… | ||||
| 50:50:10.0.1.3.4.12.1.7 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | X | Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans | § 218.236 Requirements for reporting. | NOAA | (a) The Navy must submit classified and unclassified annual training and testing activity reports to the Director, Office of Protected Resources, NMFS, no later than 90 days after the end of each year covered by the LOA beginning on the date of effectiveness of a LOA. Each annual training and testing activity report will include a summary of all active-mode training and testing activities completed during that year. At a minimum, each classified training and testing activity report must contain the following information: (1) Dates, times, and location of each vessel during each training and testing activity; (2) Information on sonar transmissions during each training and testing activity; (3) Results of the marine mammal monitoring program specified in the LOA; and (4) Estimates of the percentages of marine mammal species and stocks affected (both for the year and cumulatively for each successive year) covered by the LOA. (b) The seventh annual report must be prepared as a final comprehensive report, which will include information for the final year as well as the prior six years of activities under the rule. This final comprehensive report must also contain an unclassified analysis of new passive sonar technologies and an assessment of whether such a system is feasible as an alternative to SURTASS LFA sonar, and be submitted to the Director, Office of Protected Resources, NMFS as described in this paragraph (b). (c) The Navy will continue to assess the data collected by its undersea arrays and work toward making some portion of that data, after appropriate security reviews, available to scientists with appropriate clearances. Any portions of the analyses conducted by these scientists based on these data that are determined to be unclassified after appropriate security reviews will be made publically available. (d) The Navy must consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements for when dead, injured, or live stranded marine mammals are reported in … | ||||
| 50:50:10.0.1.3.4.12.1.8 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | X | Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans | § 218.237 Letter of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to these regulations, Navy must apply for and obtain a Letter of Authorization (LOA). (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations. (c) If an LOA expires prior to the expiration date of these regulations, Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA (excluding changes made pursuant to the adaptive management provision of § 218.239), the Navy must apply for and obtain a modification of the LOA as described in § 218.238. (e) The LOA shall set forth: (1) Permissible methods of incidental taking; (2) Means of effecting the least practicable adverse impact on the species, its habitat, and on the availability of the species for subsistence uses ( i.e., mitigation); and (3) Requirements for monitoring and reporting. (f) Issuance of the LOA will be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations. (g) Notice of issuance or denial of an LOA will be published in the Federal Register within thirty days of a determination. | ||||
| 50:50:10.0.1.3.4.12.1.9 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | X | Subpart X—Taking and Importing of Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans | § 218.238 Renewals and modifications of a Letter of Authorization. | NOAA | (a) An LOA issued under §§ 216.106 of this chapter and 218.237 for the activity identified in § 218.230 may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA(s) were implemented. (b) For LOA modification or renewal requests by the Navy that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations or that do not result in more than a minor change in the total estimated number of takes (or distribution by species or stock or years), NMFS may publish notification of a planned LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.237 may be modified by NMFS under the following circumstances: (1) Adaptive management. After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's monitoring from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine m… | ||||
| 50:50:10.0.1.3.4.2.1.1 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area | § 218.10 Specified activity and geographical region. | NOAA | (a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occur in the area described in paragraph (b) of this section and that occur incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the Navy under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the PMSR Training and Testing Study Area. The PMSR Study Area is located adjacent to Los Angeles, Ventura, Santa Barbara, and San Luis Obispo Counties along the Pacific Coast of Southern California and includes a 36,000-square-mile sea range. The two primary components of the PMSR Complex are Special Use Airspace and the ocean Operating Areas. (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training and testing activities, including: (1) Training. (i) Air warfare; (ii) Electronic warfare; and (iii) Surface warfare. (2) Testing. (i) Air warfare; (ii) Electronic warfare; and (iii) Surface warfare. | ||||
| 50:50:10.0.1.3.4.2.1.2 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area | § 218.11 Effective dates. | NOAA | Regulations in this subpart are effective from July 7, 2022, through July 7, 2029. | ||||
| 50:50:10.0.1.3.4.2.1.3 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area | § 218.12 Permissible methods of taking. | NOAA | (a) Under an LOA issued pursuant to §§ 216.106 of this subchapter and 218.16, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.10(b) by Level A harassment and Level B harassment associated with the use of explosives and missile launch activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.10(c) is limited to the species and stocks listed in Table 1 of this section. Table 1 to § 218.12( b ) | ||||
| 50:50:10.0.1.3.4.2.1.4 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area | § 218.13 Prohibitions. | NOAA | Except for incidental takings contemplated in § 218.12(a) and authorized by an LOA issued under §§ 216.106 of this chapter and 218.16, it shall be unlawful for any person to do any of the following in connection with the activities listed in § 218.10(c): (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 218.16; (b) Take any marine mammal not specified in § 218.12(b); (c) Take any marine mammal specified in § 218.12(b) in any manner other than as specified in the LOA issued under §§ 216.106 of this chapter and 218.16; or (d) Take a marine mammal specified in § 218.12(b) if NMFS determines such taking is having, or may have, more than a negligible impact on the species or stock concerned. | ||||
| 50:50:10.0.1.3.4.2.1.5 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area | § 218.14 Mitigation requirements. | NOAA | When conducting the activities identified in § 218.10(c), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 218.16 will be implemented. These mitigation measures include, but are not limited to: (a) Procedural mitigation. Procedural mitigation is mitigation that the Navy will implement whenever and wherever an applicable training or testing activity takes place within the PMSR Study Area for each applicable activity category or stressor category and includes acoustic stressors ( i.e., weapons firing noise), explosive stressors ( i.e., medium-caliber and large-caliber projectiles, missiles and rockets, bombs), and physical disturbance and strike stressors ( i.e., vessel movement; towed in-water devices ( e.g., surface targets); small-, medium-, and large-caliber non-explosive practice munitions; non-explosive missiles and rockets; and non-explosive bombs). (1) Environmental awareness and education. Navy personnel (including civilian personnel) involved in mitigation and training or testing reporting under the specified activities will complete one or more modules of the U.S. Navy Afloat Environmental Compliance Training Series, as identified in their career path training plan. Modules include: Introduction to the U.S. Navy Afloat Environmental Compliance Training Series, Marine Species Awareness Training, and U.S. Navy Protective Measures Assessment Protocol. (2) Weapons firing noise. Weapons firing noise associated with large-caliber gunnery activities. (i) Number of Lookouts and observation platform. One Lookout will be positioned on the ship conducting the firing. Depending on the activity, the Lookout could be the same as the one provided for under paragraph (a)(7)(i) of this section. (ii) Mitigation z one and requirements. The mitigation zone will be 30 degrees on either side of the firing line out to 70 yd from the muzzle of the weapon being fired. (A) Prior to the initial start of the activity. Navy personnel will observe the mitigation zone for … | ||||
| 50:50:10.0.1.3.4.2.1.6 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area | § 218.15 Requirements for monitoring and reporting. | NOAA | (a) Unauthorized take. Navy personnel will notify NMFS immediately (or as soon as operational security considerations allow) if the specified activity identified in § 218.10 is thought to have resulted in the serious injury or mortality of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart. (b) Monitoring and reporting under the LOA. The Navy will conduct all monitoring and reporting required under the LOA. The Navy will coordinate and discuss with NMFS how monitoring in the PMSR Study Area could contribute to the Navy's Marine Species Monitoring Program. (c) Notification of injured, live stranded, or dead marine mammals. Navy personnel will consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-testing-and-training-activities-point-mugu-sea-range. (d) Pinniped monitoring plan on SNI. In consultation with NMFS, the Navy will implement a monitoring plan for beaches exposed to missile launch noise with the goal of assessing baseline pinniped distribution/abundance and potential changes in pinniped use of these beaches after launch events. Marine mammal monitoring shall include multiple surveys ( e.g., time-lapse photography) during the year that record the species, number of animals, general behavior, presence of pups, age class, gender and reactions to launch noise or other natural or human caused disturbances, in addition to environmental conditions that may include tide, wind speed, air temperature, and swell. In addition, video and acoustic monitoring of up to three pinniped haulout areas and rookeries will be conducted during launch events that include missiles or targets that have not been previously monitored using video and acoustic recorders for at least three launch events. Video mo… | ||||
| 50:50:10.0.1.3.4.2.1.7 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area | § 218.16 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy will apply for and obtain an LOA in accordance with § 216.106 of this chapter. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed between October 31, 2021, and October 30, 2028. (c) If an LOA expires prior to October 30, 2028, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.17(c)(1)) required by an LOA issued under this subpart, the Navy will apply for and obtain a modification of the LOA as described in § 218.17. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species or stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (f) Issuance of the LOA(s) will be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.4.2.1.8 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area | § 218.17 Renewals and modifications of Letters of Authorization. | NOAA | (a) An LOA issued under §§ 216.106 of this chapter and 218.16 for the activity identified in § 218.10(c) may be renewed or modified upon request by the applicant, provided that: (1) The specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA(s) were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations in this subpart or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), NMFS may publish a notice of LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.16 may be modified by NMFS under the following circumstances: (1) Adaptive management. After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's annual monitoring report and annual exercise report from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; (C) Results from speci… | ||||
| 50:50:10.0.1.3.4.2.1.9 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area | §§ 218.18-218.19 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.4.4.1.1 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) | § 218.60 Specified activity and geographical region. | NOAA | [88 FR 24100, Apr. 18, 2023, as amended at 90 FR 38002, Aug. 7, 2025] | (a) Regulations in this subpart apply only to the U.S. Air Force (USAF) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the USAF under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the Eglin Gulf Test and Training Range (EGTTR). The EGTTR is located adjacent to Santa Rosa, Okaloosa, and Walton Counties and includes property on Santa Rosa Island and Cape San Blas. The EGTTR is the airspace controlled by Eglin Air Force Base (AFB) over the Gulf of America, beginning 3 nautical miles (nmi) from shore, and the underlying Gulf of America waters. The EGTTR extends southward and westward off the coast of Florida and encompasses approximately 102,000 square nautical miles (nmi 2 ). It is subdivided into blocks of airspace that consist of Warning Areas W-155, W-151, W-470, W-168, and W-174 and Eglin Water Test Areas 1 through 6. The two primary components of the EGTTR Complex are Live Impact Area and East Live Impact Area. (c) The taking of marine mammals by the USAF is only authorized if it occurs incidental to the USAF conducting training and testing activities, including air warfare and surface warfare training and testing activities. | |||
| 50:50:10.0.1.3.4.4.1.2 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) | § 218.61 Effective dates. | NOAA | Regulations in this subpart are effective from April 13, 2023, through April 13, 2030. | ||||
| 50:50:10.0.1.3.4.4.1.3 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) | § 218.62 Permissible methods of taking. | NOAA | (a) Under an LOA issued pursuant to § 216.106 of this subchapter and § 218.66, the Holder of the LOA (hereinafter “USAF”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.60(b) by Level A and Level B harassment (defined in section 3(18)(B) of the Marine Mammal Protection Act) associated training and testing activities described in § 218.60(c) provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.60(c) is limited to the species and stocks listed in table 1 to this paragraph (b). Only Level B Harassment of Rice's whales is authorized. Level A Harassment and level B Harassment of the two dolphin stocks are authorized. Table 1 to Paragraph (b) | ||||
| 50:50:10.0.1.3.4.4.1.4 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) | § 218.63 Prohibitions. | NOAA | (a) Except for permissible incidental take described in § 218.62(a) and authorized by an LOA issued under § 216.106 of this subchapter and § 218.66, no person in connection with the activities listed in § 218.66 may do any of the following in connection with activities listed in § 218.60(c): (1) Violate, or fail to comply with, the terms, conditions, or requirements of this subpart or an LOA issued under § 216.106 of this subchapter and § 218.66; (2) Take any marine mammal not specified in § 218.62(b); (3) Take any marine mammal specified in § 218.62(b) in any manner other than as specified in the LOA issued under § 216.106 of this subchapter and § 218.66; (4) Take a marine mammal specified in § 218.62(b) after the National Marine Fisheries Service (NMFS) determines such taking results in more than a negligible impact on the species or stock of such marine mammal. (b) [Reserved] | ||||
| 50:50:10.0.1.3.4.4.1.5 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) | § 218.64 Mitigation requirements. | NOAA | (a) When conducting the activities identified in § 218.60(c), the mitigation measures contained in this subpart and any LOA issued under § 216.106 of this subchapter and § 218.66 must be implemented. These mitigation measures include, but are not limited to: (1) Operational measures. Operational mitigation is mitigation that the USAF must implement whenever and wherever an applicable training or testing activity takes place within the EGTTR for each mission-day category. (i) Pre-mission survey. (A) All missions must occur during daylight hours with the exception of gunnery training, mission-day category K, and other missions that can have nighttime monitoring capabilities comparable to the nighttime monitoring capabilities of gunnery aircraft. (B) USAF range-clearing vessels and marine mammal survey vessels must be onsite 90 minutes before mission to clear prescribed human safety zone and survey the mitigation zone for the given mission-day category. (C) For all live missions except gunnery missions, USAF Protected Species Observers (PSOs) must monitor the mitigation zones as defined in table 1 to paragraph (a)(1)(i)(C)( 5 ) of this section for the given mission-day category for a minimum of 30 minutes or until the entirety of the mitigation zone has been surveyed, whichever takes longer. ( 1 ) The mitigation zone for live munitions must be defined by the mission-day category that most closely corresponds to the actual planned mission based on the predicted net explosive weight at impact (NEWi) to be released, as shown in table 1 to paragraph (a)(1)(i)(C)( 5 ) of this section. ( 2 ) The mitigation zone for inert munitions must be defined by the energy class that most closely corresponds to the actual planned mission, as shown in table 2 to paragraph (a)(1)(i)(D) of this section. ( 3 ) The energy of the actual mission must be less than the energy of the identified mission-day category in terms of total NEWi as well as the largest single munition NEWi. ( 4 ) For any gunnery missions PSOs must at a minim… | ||||
| 50:50:10.0.1.3.4.4.1.6 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) | § 218.65 Requirements for monitoring and reporting. | NOAA | (a) PSO training. All personnel who conduct protected species monitoring must complete Eglin Air Force Base's (AFB) Marine Species Observer Training Course. (1) Any person who will serve as a PSO for a particular mission must have completed the training within a year prior to the mission. (2) For missions that require multiple survey platforms to cover a large area, a Lead Biologist must be designated to lead the monitoring and coordinate sighting information with the Test Director or Safety Officer. (b) Vessel-based monitoring. (1) Survey vessels must run predetermined line transects, or survey routes that will provide sufficient coverage of the survey area. (2) Monitoring must be conducted from the highest point feasible on the vessels. (3) There must be at least two PSOs on each survey vessel. (4) For missions that require multiple vessels to cover a large survey area, a Lead Biologist must be designated. (i) The Lead Biologist must coordinate all survey efforts. (ii) The Lead Biologist must compile sightings information from other vessels. (iii) The Lead Biologist must inform Tower Control if the mitigation and monitoring zones are clear or not clear of marine mammal species. (iv) If the area is not clear, the Lead Biologist must provide recommendations on whether the mission should be postponed or canceled. (v) Tower Control must relay the Lead Biologist's recommendation to the Safety Officer. The Safety Officer and Test Director must collaborate regarding range conditions based on the information provided. (vi) The Safety Officer must have the final authority on decisions regarding postponements and cancellations of missions. (c) Aerial-based monitoring. (1) All mission-day categories require aerial-based monitoring, assuming assets are available and when such monitoring does not interfere with testing and training parameters required by mission proponents. (2) Gunnery mission aircraft must also serve as aerial-based monitoring platforms. (3) Aerial survey teams must consist of Eglin Na… | ||||
| 50:50:10.0.1.3.4.4.1.7 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) | § 218.66 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the USAF must apply for and obtain an LOA in accordance with § 216.106 of this subchapter. (b) An LOA, unless suspended or revoked, may be effective seven years from the date of issuance. (c) Except for changes made pursuant to the adaptive management provision of § 218.67(b)(1), in the event of projected changes to the activity or to mitigation, monitoring, or reporting required by an LOA issued under this subpart, the USAF must apply for and obtain a modification of the LOA as described in § 218.67. (d) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species or stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (e) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (f) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.4.4.1.8 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) | § 218.67 Renewals and modifications of Letters of Authorization. | NOAA | (a) An LOA issued under § 216.106 of this subchapter and § 218.66 for the activity identified in § 218.60(c) may be modified upon request by the applicant, consistent with paragraph (b) of this section, provided that any requested changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (b)(1) of this section) do not change the underlying findings made for the regulations in this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or years). (b) An LOA issued under § 216.106 of this subchapter and § 218.66 may be modified by NMFS under the following circumstances: (1) Adaptive management. After consulting with the USAF regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from USAF's annual monitoring report and annual exercise report from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; (C) Results from specific stranding investigations; or (D) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations in this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of a new proposed LOA in the Federal Register and solicit public comment. (2) Emergencies. If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species of marine mammals specified in LOAs issued pursu… | ||||
| 50:50:10.0.1.3.4.4.1.9 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) | §§ 218.68-218.69 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.4.5.1.1 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area | § 218.70 Specified activity and geographical region. | NOAA | (a) Regulations in this subpart apply only to the U.S. Navy (including the U.S. Marine Corps; Navy), U.S. Coast Guard (Coast Guard), and U.S. Army (collectively referred to as the “Action Proponents”) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. Requirements imposed on the Action Proponents must be implemented by those persons they authorize or fund to conduct activities on their behalf. (b) The taking of marine mammals by the Action Proponents under this subpart may be authorized in letters of authorization (LOAs) only if it occurs within the Hawaii-California Training and Testing (HCTT) Study Area. The HCTT Study Area includes areas in the north-central Pacific Ocean, from California west to Hawaii and the International Date Line, and including the Hawaii Range Complex (HRC) and Temporary Operating Area (TOA), Southern California (SOCAL) Range Complex, Point Mugu Sea Range (PMSR), Silver Strand Training Complex, areas along the Southern California coastline from approximately Dana Point to Port Hueneme, and the Northern California (NOCAL) Range Complex. Also included in the HCTT Study Area are Navy pierside locations in Hawaii and Southern California, Pearl Harbor, San Diego Bay, and the transit corridor on the high seas where training and testing may occur. Figure 1 to this paragraph (b) shows the location of the HCTT Study Area. (c) The taking of marine mammals by the Action Proponents is only authorized if it occurs incidental to the Action Proponents conducting military readiness activities, including the following: (1) Amphibious warfare; (2) Anti-submarine warfare; (3) Expeditionary warfare; (4) Mine warfare; (5) Surface warfare; (6) Vessel evaluation; (7) Unmanned systems; (8) Acoustic and oceanographic science and technology; (9) Vessel movement; (10) Land-based launches; and (11) Other training and testing activities. | ||||
| 50:50:10.0.1.3.4.5.1.2 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area | § 218.71 Effective dates. | NOAA | Regulations in this subpart are effective from December 21, 2025, through December 20, 2032. | ||||
| 50:50:10.0.1.3.4.5.1.3 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area | § 218.72 Permissible methods of taking. | NOAA | (a) Under LOAs issued pursuant to § 216.106 of this chapter and this subpart, the Action Proponents may incidentally, but not intentionally, take marine mammals within the area described in § 218.70(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs. (b) The incidental take of marine mammals by the activities listed in § 218.70(c) is limited to the following species: Table 1 to Paragraph (b) | ||||
| 50:50:10.0.1.3.4.5.1.4 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area | § 218.73 Prohibitions. | NOAA | Except incidental take described in § 218.72 and authorized by a LOA issued under this subpart, it shall be unlawful for any person to do the following in connection with the activities described in this subpart: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under § 216.106 of this chapter and this subpart; (b) Take any marine mammal not specified in § 218.72(b); (c) Take any marine mammal specified in § 218.72(b) in any manner other than as specified in the LOAs; or (d) Take a marine mammal specified in § 218.72(b) after NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal. | ||||
| 50:50:10.0.1.3.4.5.1.5 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area | § 218.74 Mitigation requirements. | NOAA | (a) When conducting the activities identified in § 218.70(c), the mitigation measures contained in this section and any LOA issued under this subpart must be implemented by Action Proponent personnel or contractors who are trained according to the requirements in the LOA. If Action Proponent contractors are serving on behalf of Action Proponent personnel, Action Proponent contractors must follow the mitigation applicable to Action Proponent personnel. These mitigation measures include, but are not limited to: (1) Activity-based mitigation. Activity-based mitigation is mitigation that the Action Proponents must implement whenever and wherever an applicable military readiness activity takes place within the HCTT Study Area. The Action Proponents must implement the mitigation described in paragraphs (a)(1)(i) through (xxii) of this section, except as provided in paragraph (a)(1)(xxiii) of this section. (i) Active acoustic sources with power down and shut down capabilities. For active acoustic sources with power down and shutdown capabilities (low-frequency active sonar ≥200 decibels (dB), mid-frequency active sonar sources that are hull mounted on a surface ship (including surfaced submarines), and broadband and other active acoustic sources >200 dB): (A) Mitigation zones and requirements. During use of active acoustic sources with power down and shutdown capabilities, the following mitigation zone requirements apply: ( 1 ) Within 1,000 yards (yd) (914.4 meters (m)) from a marine mammal, Action Proponent personnel must power down active acoustic sources by 6 dB total. ( 2 ) Within 500 yd (457.2 m) from a marine mammal, Action Proponent personnel must power down active acoustic sources by an additional 4 dB (10 dB total). ( 3 ) Within 200 yd (182.9 m) from a marine mammal, Action Proponent personnel must shut down active acoustic sources. (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in or on one of the following: aircraft; pierside, moored, or anchored vessel; … | ||||
| 50:50:10.0.1.3.4.5.1.6 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area | § 218.75 Requirements for monitoring and reporting. | NOAA | The Action Proponents must implement the following monitoring and reporting requirements when conducting the specified activities: (a) Notification of take. If the Action Proponent reasonably believes that the specified activity identified in § 218.70 resulted in the mortality or serious injury of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart, then the Action Proponent shall notify NMFS immediately or as soon as operational security considerations allow. (b) Monitoring and reporting under the LOAs. The Action Proponents must conduct all monitoring and reporting required under the LOAs. (c) Notification of injured, live stranded, or dead marine mammals. Action Proponent personnel must abide by the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. (d) Annual HCTT Study Area marine species monitoring report. The Navy, on behalf of the Action Proponents, must submit an annual HCTT Study Area marine species monitoring report describing the implementation and results from the previous calendar year. Data collection methods will be standardized across range complexes and the HCTT Study Area to allow for comparison in different geographic locations. The draft report must be submitted to the Director, Office of Protected Resources, NMFS, annually. NMFS will submit comments or questions on the report, if any, within 3 months of receipt. The report will be considered final after the Action Proponents have addressed NMFS' comments, or 3 months after submittal of the draft if NMFS does not provide comments on the draft report. The report must describe progress of knowledge made with respect to intermediate scientific objectives within the HCTT Study Area… | ||||
| 50:50:10.0.1.3.4.5.1.7 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area | § 218.76 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to this subpart, the Action Proponents must apply for and obtain LOAs. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) In the event of projected changes to the activity or to mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision of § 218.77(c)(1)) required by an LOA, the Action Proponent must apply for and obtain a modification of the LOA as described in § 218.77. (d) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species and stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (e) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations of this subpart. (f) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.4.5.1.8 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area | § 218.77 Modifications of Letters of Authorization. | NOAA | (a) An LOA issued under §§ 216.106 of this chapter and 218.76 for the activity identified in § 218.70(c) shall be modified, upon request by the Action Proponents, provided that: (1) The specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs under this subpart were implemented. (b) For LOA modification requests by the applicants that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section), the LOA should be modified provided that: (1) NMFS determines that the change(s) to the activity or the mitigation, monitoring, or reporting do not change the findings made for this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or stock or years); and (2) NMFS may publish a notice of proposed modified LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.76 for the activities identified in § 218.70(c) may be modified by NMFS Office of Protected Resources under the following circumstances: (1) After consulting with the Action Proponents regarding the practicability of the modifications, through adaptive management, NMFS may modify (including remove, revise, or add to) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring measures set forth in this subpart. (i) Possible sources of data that could contribute to t… | ||||
| 50:50:10.0.1.3.4.5.1.9 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area | §§ 218.78-218.79 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.4.6.1.1 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area | § 218.80 Specified activity and geographical region. | NOAA | (a) Regulations in this subpart apply only to the U.S. Navy (Navy) and U.S. Coast Guard (Coast Guard) (collectively referred to as the “Action Proponents”) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. Requirements imposed on the Action Proponents must be implemented by those persons they authorize or fund to conduct activities on their behalf. (b) The taking of marine mammals by the Action Proponents under this subpart may be authorized in letters of authorization (LOAs) only if it occurs within the Atlantic Fleet Training and Testing (AFTT) Study Area. The AFTT Study Area includes areas of the western Atlantic Ocean along the east coast of North America, the Gulf of America, and portions of the Caribbean Sea, covering approximately 2.6 million nmi 2 (8.9 million km 2 ) of ocean, oriented from the mean high tide line along the U.S. coast and extending east to 45° W longitude line, north to 65° N latitude line, and south to approximately the 20° N latitude line. It also includes Navy and Coast Guard pierside locations, port transit channels, bays, harbors, inshore waterways ( e.g., channels, rivers), civilian ports where military readiness activities occur, and vessel and aircraft transit routes among homeports, designated operating areas (OPAREAs), and testing and training ranges. (c) The taking of marine mammals by the Action Proponents is only authorized if it occurs incidental to the Action Proponents conducting military readiness activities, including those in the following categories: (1) Amphibious warfare; (2) Anti-submarine warfare; (3) Expeditionary warfare; (4) Mine warfare; (5) Surface warfare; (6) Vessel evaluation; (7) Unmanned systems; (8) Acoustic and oceanographic science and technology; (9) Vessel movement; and (10) Other training and testing activities. | ||||
| 50:50:10.0.1.3.4.6.1.2 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area | § 218.81 Effective dates. | NOAA | Regulations in this subpart are effective from November 14, 2025, through November 13, 2032. | ||||
| 50:50:10.0.1.3.4.6.1.3 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area | § 218.82 Permissible methods of taking. | NOAA | (a) Under LOAs issued pursuant to § 216.106 of this chapter and this subpart, the Action Proponents may incidentally, but not intentionally, take marine mammals within the area described in § 218.80(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs. (b) The incidental take of marine mammals by the activities listed in § 218.80(c) is limited to the following species: Table 1 to Paragraph (b) | ||||
| 50:50:10.0.1.3.4.6.1.4 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area | § 218.83 Prohibitions. | NOAA | Except incidental take described in § 218.82 and authorized by a LOA issued under this subpart, it shall be unlawful for any person to do the following in connection with the activities described in this subpart: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under § 216.106 of this chapter and this subpart; (b) Take any marine mammal not specified in § 218.82(b); (c) Take any marine mammal specified in § 218.82(b) in any manner other than as specified in the LOAs; or (d) Take a marine mammal specified in § 218.82(b) after NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal. | ||||
| 50:50:10.0.1.3.4.6.1.5 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area | § 218.84 Mitigation requirements. | NOAA | (a) When conducting the activities identified in § 218.80(c), the mitigation measures contained in this section and any LOA issued under this subpart must be implemented by Action Proponent personnel or contractors who are trained according to the requirements in the LOA. If Action Proponent contractors are serving on behalf of Action Proponent personnel, Action Proponent contractors must follow the mitigation applicable to Action Proponent personnel. These mitigation measures include, but are not limited to: (1) Activity-based mitigation. Activity-based mitigation is mitigation that the Action Proponents must implement whenever and wherever an applicable military readiness activity takes place within the AFTT Study Area. The Action Proponents must implement the mitigation described in paragraphs (a)(1)(i) through (xxii) of this section, except as provided in paragraph (a)(1)(xxiii) of this section. (i) Active acoustic sources with power down and shut down capabilities. For active acoustic sources with power down and shutdown capabilities (low-frequency active sonar ≥200 decibels (dB), mid-frequency active sonar sources that are hull mounted on a surface ship (including surfaced submarines), and broadband and other active acoustic sources >200 dB): (A) Mitigation zones and requirements. During use of active acoustic sources with power down and shutdown capabilities, the following mitigation zone requirements apply: ( 1 ) Within 1,000 yards (yd; 914.4 meters (m)) from a marine mammal, Action Proponent personnel must power down active acoustic sources by 6 dB total. ( 2 ) Within 500 yd (457.2 m) from a marine mammal, Action Proponent personnel must power down active acoustic sources by an additional 4 dB (10 dB total). ( 3 ) Within 200 yd (182.9 m) from a marine mammal, Action Proponent personnel must shut down active acoustic sources. (B) Lookout requirements. The following Lookout requirements apply: ( 1 ) One Lookout in or on one of the following: aircraft; pierside, moored, or anchored vessel; u… | ||||
| 50:50:10.0.1.3.4.6.1.6 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area | § 218.85 Requirements for monitoring and reporting. | NOAA | The Action Proponents must implement the following monitoring and reporting requirements when conducting the specified activities: (a) Notification of take. If the Action Proponent reasonably believes that the specified activity identified in § 218.80 resulted in the mortality or serious injury of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart, then the Action Proponent shall notify NMFS immediately or as soon as operational security considerations allow. (b) Monitoring and reporting under the LOAs. The Action Proponents must conduct all monitoring and reporting required under the LOAs. (c) Notification of injured, live stranded, or dead marine mammals. Action Proponent personnel must abide by the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities . (d) Annual AFTT Study Area marine species monitoring report. The Navy, on behalf of the Action Proponents, must submit an annual AFTT Study Area marine species monitoring report describing the implementation and results from the previous calendar year. Data collection methods will be standardized across range complexes and the AFTT Study Area to allow for comparison in different geographic locations. The draft report must be submitted to the Director, Office of Protected Resources, NMFS, annually. NMFS will submit comments or questions on the report, if any, within 3 months of receipt. The report will be considered final after the Action Proponents have addressed NMFS' comments, or 3 months after submittal of the draft if NMFS does not provide comments on the draft report. The report must describe progress of knowledge made with respect to intermediate scientific objectives within the AFTT Study A… | ||||
| 50:50:10.0.1.3.4.6.1.7 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area | § 218.86 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to this subpart, the Action Proponents must apply for and obtain LOAs. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) In the event of projected changes to the activity or to mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision of § 218.87(c)(1)) required by an LOA, the Action Proponent must apply for and obtain a modification of the LOA as described in § 218.87. (d) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species and stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (e) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations of this subpart. (f) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.4.6.1.8 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area | § 218.87 Modifications of Letters of Authorization. | NOAA | (a) An LOA issued under §§ 216.106 of this chapter and 218.86 for the activity identified in § 218.80(c) shall be modified, upon request by an Action Proponent(s), provided that: (1) The specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs under this subpart were implemented. (b) For LOA modification requests by the applicants that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section), the LOA should be modified provided that: (1) NMFS determines that the change(s) to the activity or the mitigation, monitoring, or reporting do not change the findings made for this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or stock or years); and (2) NMFS may publish a notice of proposed modified LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.86 for the activities identified in § 218.80(c) may be modified by NMFS Office of Protected Resources under the following circumstances: (1) After consulting with the Action Proponents regarding the practicability of the modifications, through adaptive management, NMFS may modify (including remove, revise, or add to) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring measures set forth in this subpart. (i) Possible sources of data that could contribute to … | ||||
| 50:50:10.0.1.3.4.6.1.9 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area | §§ 218.88-218.89 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.4.7.1.1 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) | § 218.90 Specified activity and geographical region. | NOAA | (a) Regulations in this subpart apply only to the U.S. Navy for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the Navy under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the Mariana Islands Training and Testing (MITT) Study Area. The MITT Study Area is comprised of three components: The Mariana Islands Range Complex (MIRC), additional areas on the high seas, and a transit corridor between the MIRC and the Hawaii Range Complex (HRC). The MIRC includes the waters south of Guam to north of Pagan (Commonwealth of the Northern Mariana Islands (CNMI)), and from the Pacific Ocean east of the Mariana Islands to the Philippine Sea to the west, encompassing 501,873 square nautical miles (nmi 2 ) of open ocean. The additional areas of the high seas include the area to the north of the MIRC that is within the U.S. Exclusive Economic Zone (EEZ) of the CNMI and the areas to the west of the MIRC. The transit corridor is outside the geographic boundaries of the MIRC and represents a great circle route ( i.e., the shortest distance) across the high seas for Navy ships transiting between the MIRC and the HRC. Additionally, the MITT Study Area includes pierside locations in the Apra Harbor Naval Complex. (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training and testing activities, including: (1) Training. (i) Amphibious warfare; (ii) Anti-submarine warfare; (iii) Mine warfare; (iv)-(v) [Reserved]; (vi) Surface warfare; and (vii) Other training activities. (2) Testing. (i) Naval Air Systems Command Testing Activities; (ii) Naval Sea Systems Command Testing Activities; and (iii) Office of Naval Research Testing Activities. | ||||
| 50:50:10.0.1.3.4.7.1.2 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) | § 218.91 Effective dates. | NOAA | Regulations in this subpart are effective from July 31, 2020, to July 30, 2027. | ||||
| 50:50:10.0.1.3.4.7.1.3 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) | § 218.92 Permissible methods of taking. | NOAA | (a) Under an LOA issued pursuant to §§ 216.106 of this section and 218.96, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.90(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.90(c) is limited to the species listed in Table 1 of this section. Table 1 to § 218.92 (b) | ||||
| 50:50:10.0.1.3.4.7.1.4 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) | § 218.93 Prohibitions. | NOAA | Notwithstanding incidental takings contemplated in § 218.92(a) and authorized by an LOA issued under §§ 216.106 of this section and 218.96, no person in connection with the activities listed in § 218.90(c) may: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this section and 218.96; (b) Take any marine mammal not specified in § 218.92(b); (c) Take any marine mammal specified in § 218.92(b) in any manner other than as specified in the LOA issued under §§ 216.106 of this chapter and 218.96; or (d) Take a marine mammal specified in § 218.92(b) if NMFS determines such taking results in more than a negligible impact on the species of such marine mammal. | ||||
| 50:50:10.0.1.3.4.7.1.5 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) | § 218.94 Mitigation requirements. | NOAA | When conducting the activities identified in § 218.90(c), the mitigation measures contained in any LOA issued under §§ 216.106 of this section and 218.96 must be implemented. These mitigation measures include, but are not limited to: (a) Procedural mitigation. Procedural mitigation is mitigation that the Navy must implement whenever and wherever an applicable training or testing activity takes place within the MITT Study Area for each applicable activity category or stressor category and includes acoustic stressors ( i.e., active sonar and other transducers, weapons firing noise), explosive stressors ( i.e., sonobuoys, torpedoes, medium-caliber and large-caliber projectiles, missiles and rockets, bombs, sinking exercises, mines, anti-swimmer grenades), and physical disturbance and strike stressors (i.e., vessel movement; towed in-water devices; small-, medium-, and large-caliber non-explosive practice munitions; non-explosive missiles and rockets; and non-explosive bombs and mine shapes). (1) Environmental awareness and education. Appropriate Navy personnel (including civilian personnel) involved in mitigation and training or testing reporting under the specified activities will complete one or more modules of the U.S. Navy Afloat Environmental Compliance Training Series, as identified in their career path training plan. Modules include: Introduction to the U.S. Navy Afloat Environmental Compliance Training Series, Marine Species Awareness Training; U.S. Navy Protective Measures Assessment Protocol; and U.S. Navy Sonar Positional Reporting System and Marine Mammal Incident Reporting. (2) Active sonar. Active sonar includes low-frequency active sonar, mid-frequency active sonar, and high-frequency active sonar. For vessel-based activities, mitigation applies only to sources that are positively controlled and deployed from manned surface vessels ( e.g., sonar sources towed from manned surface platforms). For aircraft-based activities, mitigation applies only to sources that are positively controlled a… | ||||
| 50:50:10.0.1.3.4.7.1.6 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) | § 218.95 Requirements for monitoring and reporting. | NOAA | (a) Unauthorized take. Navy personnel must notify NMFS immediately (or as soon as operational security considerations allow) if the specified activity identified in § 218.90 is thought to have resulted in the serious injury or mortality of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart. (b) Monitoring and reporting under the LOA. The Navy must conduct all monitoring and reporting required under the LOA, including abiding by the U.S. Navy's Marine Species Monitoring Program for the MITT Study Area. Details on program goals, objectives, project selection process, and current projects are available at www.navymarinespeciesmonitoring.us. (c) Notification of injured, live stranded, or dead marine mammals. Navy personnel must consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-mariana-islands-training-and-testing-mitt. (d) Annual MITT Study Area marine species monitoring report. The Navy must submit an annual report to NMFS of the MITT Study Area monitoring which will be included in a Pacific-wide monitoring report including results specific to the MITT Study Area describing the implementation and results from the previous calendar year. Data collection methods will be standardized across Pacific Range Complexes including the MITT, HSTT, NWTT, and Gulf of Alaska (GOA) Study Areas to the best extent practicable, to allow for comparison in different geographic locations. The report must be submitted to the Director, Office of Protected Resources, NMFS, either within three months after the end of the calendar year, or within three months after the conclusion of the monitoring year, to be determined by the Adaptive Management process. NMFS will submit comments or questions on the draft monitor… | ||||
| 50:50:10.0.1.3.4.7.1.7 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) | § 218.96 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy must apply for and obtain an LOA in accordance with § 216.106 of this section. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed July 30, 2027. (c) If an LOA expires prior to July 30, 2027, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.97(c)(1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in § 218.97. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (f) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.4.7.1.8 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) | § 218.97 Renewals and modifications of Letters of Authorization. | NOAA | (a) An LOA issued under §§ 216.106 of this section and 218.96 for the activity identified in § 218.90(c) may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA(s) were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), NMFS may publish a notice of planned LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this section and 218.96 may be modified by NMFS under the following circumstances: (1) Adaptive management. After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's annual monitoring report and annual exercise report from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; (C) Results from speci… | ||||
| 50:50:10.0.1.3.4.9.1.1 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | O | Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) | § 218.140 Specified activity and geographical region. | NOAA | (a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the Navy under this subpart may be authorized in Letters of Authorization (LOAs) only if it occurs within the NWTT Study Area. The NWTT Study Area is composed of established maritime operating and warning areas in the eastern North Pacific Ocean region, including areas of the Strait of Juan de Fuca, Puget Sound, and Western Behm Canal in southeastern Alaska. The Study Area includes air and water space within and outside Washington state waters, and outside state waters of Oregon and Northern California. The eastern boundary of the Offshore Area portion of the Study Area is 12 nautical miles (nmi) off the coastline for most of the Study Area starting south of W-237, including southern Washington, Oregon, and Northern California. The Offshore Area includes the ocean all the way to the coastline only along that part of the Washington coast that lies beneath the airspace of W-237 and the Olympic Military Operations Area. The Quinault Range Site is a defined area of sea space where training and testing is conducted. The Quinault Range Site coincides with the boundaries of W-237A and also includes a surf zone component. The surf zone component extends north to south 5 nmi along the eastern boundary of W-237A, extends approximately 3 nmi to shore along the mean lower low water line, and encompasses 1 mile (1.6 kilometers) of shoreline at Pacific Beach, Washington. The Study Area includes four existing range complexes and facilities: the Northwest Training Range Complex (NWTRC), the Keyport Range Complex, the Carr Inlet Operations Area, and the Southeast Alaska Acoustic Measurement Facility (SEAFAC). In addition to these range complexes, the Study Area also includes Navy pierside locations where sonar maintenance and testing occurs as p… | ||||
| 50:50:10.0.1.3.4.9.1.2 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | O | Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) | § 218.141 Effective dates. | NOAA | Regulations in this subpart are effective from November 9, 2020, through November 8, 2027. | ||||
| 50:50:10.0.1.3.4.9.1.3 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | O | Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) | § 218.142 Permissible methods of taking. | NOAA | (a) Under LOAs issued pursuant to §§ 216.106 of this chapter and 218.146, the Holder of the LOAs (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.140(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs. (b) The incidental take of marine mammals by the activities listed in § 218.140(c) is limited to the following species: Table 1 to Paragraph ( b ) | ||||
| 50:50:10.0.1.3.4.9.1.4 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | O | Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) | § 218.143 Prohibitions. | NOAA | (a) Notwithstanding incidental takings contemplated in § 218.142(a) and authorized by LOAs issued under §§ 216.106 of this chapter and 218.146, no person in connection with the activities listed in § 218.140(c) may: (1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 218.146; (2) Take any marine mammal not specified in § 218.142(b); (3) Take any marine mammal specified in § 218.142(b) in any manner other than as specified in the LOAs; or (4) Take a marine mammal specified in § 218.142(b) if NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal. (b) [Reserved] | ||||
| 50:50:10.0.1.3.4.9.1.5 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | O | Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) | § 218.144 Mitigation requirements. | NOAA | (a) When conducting the activities identified in § 218.140(c), the mitigation measures contained in any LOAs issued under §§ 216.106 of this chapter and 218.146 must be implemented. These mitigation measures include, but are not limited to: (1) Procedural mitigation. Procedural mitigation is mitigation that the Navy must implement whenever and wherever an applicable training or testing activity takes place within the NWTT Study Area for each applicable activity category or stressor category and includes acoustic stressors ( i.e., active sonar, weapons firing noise), explosive stressors ( i.e., sonobuoys, torpedoes, medium-caliber and large-caliber projectiles, missiles, bombs, Mine Countermeasure and Neutralization activities, mine neutralization involving Navy divers), and physical disturbance and strike stressors ( i.e., vessel movement, towed in-water devices, small-, medium-, and large-caliber non-explosive practice munitions, non-explosive missiles, non-explosive bombs and mine shapes). (i) Environmental awareness and education. Appropriate Navy personnel (including civilian personnel) involved in mitigation and training or testing activity reporting under the specified activities will complete the environmental compliance training modules identified in their career path training plan, as specified in the LOAs. (ii) Active sonar. Active sonar includes low-frequency active sonar, mid-frequency active sonar, and high-frequency active sonar. For vessel-based active sonar activities, mitigation applies only to sources that are positively controlled and deployed from manned surface vessels ( e.g., sonar sources towed from manned surface platforms). For aircraft-based active sonar activities, mitigation applies only to sources that are positively controlled and deployed from manned aircraft that do not operate at high altitudes ( e.g., rotary-wing aircraft). Mitigation does not apply to active sonar sources deployed from unmanned aircraft or aircraft operating at high altitudes ( e.g., maritime patr… | ||||
| 50:50:10.0.1.3.4.9.1.6 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | O | Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) | § 218.145 Requirements for monitoring and reporting. | NOAA | (a) Notification of take. Navy personnel must notify NMFS immediately (or as soon as operational security considerations allow) if the specified activity identified in § 218.140 is thought to have resulted in the mortality or serious injury of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart. (b) Monitoring and reporting under the LOAs. The Navy must conduct all monitoring and reporting required under the LOAs, including abiding by the U.S. Navy's Marine Species Monitoring Program. Details on program goals, objectives, project selection process, and current projects are available at www.navymarinespeciesmonitoring.us. (c) Notification of injured, live stranded, or dead marine mammals. The Navy must consult the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. (d) Annual NWTT Study Area marine species monitoring report. The Navy must submit an annual report of the NWTT Study Area monitoring, which will be included in a Pacific-wide monitoring report including results specific to the NWTT Study Area, describing the implementation and results from the previous calendar year. Data collection methods must be standardized across Pacific Range Complexes including the Mariana Islands Training and Testing (MITT), Hawaii-Southern California Training and Testing (HSTT), NWTT, and Gulf of Alaska (GOA) Study Areas to allow for comparison in different geographic locations. The report must be submitted to the Director, Office of Protected Resources, NMFS, either within three months after the end of the calendar year, or within three months after the conclusion of the monitoring year, to be determined by the adaptive management process. NMFS will submit comment… | ||||
| 50:50:10.0.1.3.4.9.1.7 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | O | Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) | § 218.146 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy must apply for and obtain LOAs in accordance with § 216.106 of this chapter. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) If an LOA expires prior to the expiration date of this subpart, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.147(c)(1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in § 218.147. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species and stocks of marine mammals and their habitat; and (4) Requirements for monitoring and reporting. (f) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.4.9.1.8 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | O | Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) | § 218.147 Renewals and modifications of Letters of Authorization. | NOAA | (a) An LOA issued under §§ 216.106 of this chapter and 218.146 for the activity identified in § 218.140(c) may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or stock or years), NMFS may publish a notice of planned LOA in the Federal Register , including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 218.146 may be modified by NMFS under the following circumstances: (1) After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring, as part of an adaptive management process. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's monitoring report and annual exercise reports from the previous year(s); (B) Results from other marine mammal and/or sound research or studies… | ||||
| 50:50:10.0.1.3.4.9.1.9 | 50 | Wildlife and Fisheries | II | C | 218 | PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | O | Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) | § 218.148 [Reserved] | NOAA |
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