When conducting RDT&E; activities identified in Sec. 218.170(c), the mitigation measures contained in this subpart and subsequent Letters of Authorization issued under Sec. 216.106 of this chapter and Sec. 218.176 must be implemented. These mitigation measures include, but are not limited to:
(a) Marine mammal observers training:
(1) All range personnel shall be trained in marine mammal recognition.
(2) Marine mammal observer training shall be conducted by qualified organizations approved by NMFS.
(b) Lookouts onboard vessels:
(1) Vessels on a range shall use lookouts during all hours of range activities.
(2) Lookout duties include looking for marine mammals.
(3) All sightings of marine mammals shall be reported to the Range Officer in charge of overseeing the activity.
(c) Visual surveillance shall be conducted just prior to all in-water exercises.
(1) Surveillance shall include, as a minimum, monitoring from all participating surface craft and, where available, adjacent shore sites.
(2) When cetaceans have been sighted in the vicinity of the operation, all range participants increase vigilance and take reasonable and practicable actions to avoid collisions and activities that may result in close interaction of naval assets and marine mammals.
(3) Actions may include changing speed and/or direction, subject to environmental and other conditions (e.g., safety, weather).
(d) An ``exclusion zone'' shall be established and surveillance will be conducted to ensure that there are no marine mammals within this exclusion zone prior to the commencement of each in-water exercise.
(1) For cetaceans, the exclusion zone shall extend out 1,000 yards (914.4 m) from the intended track of the test unit.
(2) For pinnipeds, the exclusion zone shall extend out 100 yards (91 m) from the intended track of the test unit.
(e) Range craft shall not approach within 100 yards (91 m) of marine mammals, to the extent practicable considering human and vessel safety priorities. This includes marine mammals ``hauled-out'' on islands, rocks, and other areas such as buoys.
(f) In the event of a collision between a Navy vessel and a marine mammal, NUWC Keyport activities shall notify immediately the Navy chain of Command, which shall notify NMFS immediately.
(g) Passive acoustic monitoring for cetaceans will be implemented throughout the NUWC Keyport Range Complex during RDT&E; testing activities involving active sonar transmissions when passive acoustic monitoring capabilities are being operated during the testing activity.
(h) Procedures for reporting marine mammal sightings on the NAVSEA NUWC Keyport Range Complex shall be promulgated, and sightings shall be entered into the Range Operating System and forwarded to NOAA/NMML Platforms of Opportunity Program.
(i) If there is clear evidence that a marine mammal is injured or killed as a result of the proposed Navy RDT&E; activities, the Naval activities shall be immediately suspended and the situation immediately reported by personnel involved in the activity to the Ranger Officer, who will follow Navy procedures for reporting the incident to NMFS through the Navy's chain-of-command.
(j) For nighttime RDT&E; activities of active acoustic transmissions in the Keyport Range proposed extension area, the Navy shall conduct passive acoustic monitoring within the Agate Pass and south of University Point in southern Port Orchard Reach. If Southern Resident killer whales are detected in the vicinity of the Keyport Range Site, the Range Office shall be notified immediately and the active acoustic sources must be shutdown if killer whales are confirmed to approach at 1,000 yards from the source.