(a) The Holder of the Letter of Authorization issued pursuant to Sec. 216.106 of this chapter and Sec. 218.176 for activities described in Sec. 218.170(c) is required to cooperate with the NMFS when monitoring the impacts of the activity on marine mammals.
(b) The Holder of the Authorization must notify NMFS immediately (or as soon as clearance procedures allow) if the specified activity identified in Sec. 218.170(c) is thought to have resulted in the mortality or injury of any marine mammals, or in any take of marine mammals not identified or authorized in Sec. 218.171(c).
(c) The Navy must conduct all monitoring and required reporting under the Letter of Authorization, including abiding by the NAVSEA NUWC Keyport Range Complex Monitoring Plan, which is incorporated herein by reference, and which requires the Navy to implement, at a minimum, the monitoring activities summarized below:
(1) Visual Surveys:
(i) The Holder of this Authorization shall conduct a minimum of 2 special visual surveys per year to monitor HFAS and MFAS respectively at the DBRC Range site.
(ii) For specified events, shore-based and vessel surveys shall be used 1 day prior to and 1-2 days post activity.
(A) Shore-based Surveys:
(1) Shore-based monitors shall observe test events that are planned in advance to occur adjacent to near shore areas where there are elevated topography or coastal structures, and shall use binoculars or theodolite to augment other visual survey methods.
(2) Shore-based surveys of the test area and nearby beaches shall be conducted for stranded marine animals following nearshore events. If any distressed, injured or stranded animals are observed, an assessment of the animal's condition (alive, injured, dead, or degree of decomposition) shall be reported immediately to the Navy and the information shall be transmitted immediately to NMFS through the appropriate chain of command.
(B) Vessel-based Surveys:
(1) Vessel-based surveys shall be designed to maximize detections of marine mammals near mission activity event.
(2) Post-analysis shall focus on how the location, speed and vector of the range craft and the location and direction of the sonar source (e.g. Navy surface vessel) relates to the animal.
(3) Any other vessels or aircraft observed in the area shall also be documented.
(iii) Surveys shall include the range site with special emphasis given to the particular path of the test run. When conducting a particular survey, the survey team shall collect the following information.
(A) Species identification and group size;
(B) Location and relative distance from the acoustic source(s);
(C) The behavior of marine mammals including standard environmental and oceanographic parameters;
(D) Date, time and visual conditions associated with each observation;
(E) Direction of travel relative to the active acoustic source; and
(F) Duration of the observation.
(iv) Animal sightings and relative distance from a particular active acoustic source shall be used post-survey to determine potential received energy (dB re 1 micro Pa-sec). This data shall be used, post-survey, to estimate the number of marine mammals exposed to different received levels (energy based on distance to the source, bathymetry, oceanographic conditions and the type and power of the acoustic source) and their corresponding behavior.
(2) Passive Acoustic Monitoring (PAM):
(i) The Navy shall deploy a hydrophone array in the Keyport Range Complex Study Area for PAM.
(ii) The array shall be utilized during the two special monitoring surveys in DBRC as described in Sec. 218.174(c)(1)(i).
(iii) The array shall have the capability of detecting low frequency vocalizations (<1,000 Hz) for baleen whales and relatively high frequency (up to 30 kHz) for odontocetes.
(iv) Acoustic data collected from the PAM shall be used to detect acoustically active marine mammals as appropriate.
(3) Marine Mammal Observers on range craft or Navy vessels:
(i) Navy Marine mammal observers (NMMOs) may be placed on a range craft or Navy platform during the event being monitored.
(ii) The NMMO must possess expertise in species identification of regional marine mammal species and experience collecting behavioral data.
(iii) NMMOs may be placed alongside existing lookouts during the two specified monitoring events as described in Sec. 218.174(c)(1)(i).
(iv) NMMOs shall inform the lookouts of any marine mammal sighting so that appropriate action may be taken by the chain of command. NMMOs shall schedule their daily observations to duplicate the lookouts' schedule.
(v) NMMOs shall observe from the same height above water as the lookouts, and they shall collect the same data collected by lookouts listed in Sec. 218.174(c)(1)(iii).
(d) The Navy shall complete an Integrated Comprehensive Monitoring Program (ICMP) Plan in 2009. This planning and adaptive management tool shall include:
(1) A method for prioritizing monitoring projects that clearly describes the characteristics of a proposal that factor into its priority.
(2) A method for annually reviewing, with NMFS, monitoring results, Navy R&D;, and current science to use for potential modification of mitigation or monitoring methods.
(3) A detailed description of the Monitoring Workshop to be convened in 2011 and how and when Navy/NMFS will subsequently utilize the findings of the Monitoring Workshop to potentially modify subsequent monitoring and mitigation.
(4) An adaptive management plan.
(5) A method for standardizing data collection for NAVSEA NUWC Keyport Range Complex Extension and across range complexes.
(e) Notification of Injured or Dead Marine Mammals--Navy personnel shall ensure that NMFS (regional stranding coordinator) is notified immediately (or as soon as clearance procedures allow) if an injured or dead marine mammal is found during or shortly after, and in the vicinity of, any Navy activities utilizing sonar. The Navy shall provide NMFS with species or description of the animal(s), the condition of the animal(s) (including carcass condition if the animal is dead), location, time of first discovery, observed behaviors (if alive), and photo or video (if available).
(f) Annual Keyport Range Complex Monitoring Plan Report--The Navy shall submit a report annually by December 1 describing the implementation and results (through September 1 of the same year) of the Keyport Range Complex Monitoring Plan. Data collection methods will be standardized across range complexes to allow for comparison in different geographic locations. Although additional information will also be gathered, the NMMOs collecting marine mammal data pursuant to the Keyport Range Complex Monitoring Plan shall, at a minimum, provide the same marine mammal observation data required in Sec. 218.174(c). The Keyport Range Complex Monitoring Plan Report may be provided to NMFS within a larger report that includes the required Monitoring Plan Reports from Keyport Range Complex and multiple range complexes.
(g) Keyport Range Complex 5-yr Comprehensive Report--The Navy shall submit to NMFS a draft comprehensive report that analyzes and summarizes all of the multi-year marine mammal information gathered during tests involving active acoustic sources for which individual reports are required in Sec. 218.174 (d)-(f). This report will be submitted at the end of the fourth year of the rule (June 2013), covering activities that have occurred through September 1, 2013.
(h) The Navy shall respond to NMFS comments and requests for additional information or clarification on the Keyport Range Complex Extension Comprehensive Report, the Annual Keyport Range Complex Monitoring Plan Report (or the multi-Range Complex Annual Monitoring Report, it that is how the Navy chooses to submit the information) if submitted within 3 months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or three months after the submittal of the draft if NMFS does not comment by then.
(i) In 2011, the Navy shall convene a Monitoring Workshop in which the Monitoring Workshop participants will be asked to review the Navy's Monitoring Plans and monitoring results and make individual recommendations (to the Navy and NMFS) of ways of improving the Monitoring Plans. The recommendations shall be reviewed by the Navy, in consultation with NMFS, and modifications to the Monitoring Plan shall be made, as appropriate.