(a) When conducting training and testing activities identified in Sec. 218.10, the mitigation measures contained in the LOA issued under Sec. 216.106 of this chapter and Sec. 218.17 must be implemented. These mitigation measures include, but are not limited to:
(1) Establishing mitigation zone. (i) A mitigation zone of 60 yards (55 m) around the pile being driven must be established.
(i) A mitigation zone of 60 yards (55 m) around the pile being driven must be established.
(ii) Visual observation must be conducted starting 30 minutes prior to, during, and until 30 minutes after the ELCAS (M) exercise within the mitigation zone. The exercise must not commence if concentrations of floating vegetation (Sargassum) are observed in the mitigation zone.
(2) Soft starts. (i) Soft starts, or gradually ramping up the power of pile driving hammer, must be performed during impact installation each day.
(i) Soft starts, or gradually ramping up the power of pile driving hammer, must be performed during impact installation each day.
(ii) During a soft start, an initial set of strikes from the impact hammer at reduced energy are performed before it is able to be operated at full power and speed.
(3) Shutdown measures. (i) Pile driving must cease if a marine mammal is visually detected within or approaching the mitigation zone.
(i) Pile driving must cease if a marine mammal is visually detected within or approaching the mitigation zone.
(ii) Pile driving may resume if any one of the following conditions is met:
(A) The animal is observed exiting the mitigation zone,
(B) The animal is thought to have exited the mitigation zone based on its course and speed, or
(C) The mitigation zone has been clear from any additional sightings for a period of 30 minutes.
(b) Marine species awareness training. (1) All personnel standing watch on the bridge, Commanding Officers, Executive Officers, and Lookouts must successfully complete the Marine Species Awareness Training prior to standing watch or serving as a Lookout.
(1) All personnel standing watch on the bridge, Commanding Officers, Executive Officers, and Lookouts must successfully complete the Marine Species Awareness Training prior to standing watch or serving as a Lookout.
(2) The Marine Species Awareness Training must be designed to improve the effectiveness of visual observations for marine resources, including marine mammals.
(3) The training must provide information on sighting cues, visual observation tools and techniques, and sighting notification procedures.
(c) Vessels. Vessels must avoid approaching marine mammals head on and must maneuver to maintain a mitigation zone of 500 yards (457 m) around observed whales and 200 yards (183 m) around all other marine mammals (except bow riding dolphins), providing it is safe to do so.
(d) North Atlantic Right Whale Protection. When transiting within the following areas between November 1 and April 30, the Navy must practice increased vigilance, exercise extreme caution, and proceed at the slowest speed that is consistent with safety, mission, and training objectives:
(1) Chesapeake Bay: Within a 20 nm radius of the following (as measured seaward from the COLREGS lines): 37[deg]00[min]36.9[sec] North/075[deg]57[min]50.5[sec] West.
(2) Morehead City, North Carolina: Within a 20 nm radius of the following (as measured seaward from the COLREGS lines): 34[deg]41[min]32.0[sec] North/076[deg]40[min]08.3[sec] West.
(3) Wilmington, North Carolina, through South Carolina, and to Brunswick, Georgia: Within a continuous area 20 nautical miles from shore and west back to shore bounded by 34[deg]10[min]30[sec] North/077[deg]49[min]12[sec] West; 33[deg]56[min]42[sec] North/077[deg]31[min]30[sec] West; 33[deg]36[min]30[sec] North/077[deg]47[min]06[sec] West; 33[deg]28[min]24[sec] North/078[deg]32[min]30[sec] West; 32[deg]59[min]06[sec] North/078[deg]50[min]18[sec] West; 31[deg]50[min]00[sec] North/080[deg]33[min]12[sec] West; 31[deg]27[min]00[sec] North/080[deg]51[min]36[sec] West.