(a) When conducting operations identified in Sec. 218.40(c), the mitigation measures contained in the Letter of Authorization issued under Sec. 216.106 of this chapter and Sec. 218.47 must be implemented. These mitigation measures include, but are not limited to:
(b) Training Exercises at BT-9 and BT-11:
(1) Safety Zone:
(i) The Marine Corps shall establish and monitor a safety zone for marine mammals comprising the entire Rattan Bay area at BT-11.
(ii) The Marine Corps shall establish and monitor a safety zone for marine mammals comprising a radius of 914 meters (m) (3,000 feet) around the target area at BT-9.
(2) For training exercises, the Marine Corps shall comply with the monitoring requirements, including pre-mission and post-mission monitoring, set forth in Sec. 218.45(c).
(3) When detonating explosives or delivering ordnance:
(i) If personnel observe any marine mammals within the safety zone prescribed in paragraph (b)(1) of this section, or if personnel observe marine mammals that are on a course that will put them within the designated safety zone prior to surface-to-surface or air-to-surface training exercises, the Marine Corps shall delay ordnance delivery and/or explosives detonations until all marine mammals are no longer within the designated safety zone.
(ii) If personnel cannot reacquire marine mammals detected in the safety zone after delaying training missions, the Marine Corps shall not commence activities until the next verified location of the animal is outside of the safety zone and the animal is moving away from the mission area.
(iii) If personnel are unable to monitor the safety zone prescribed in paragraph (b)(1) of this section, then the Marine Corps shall delay training exercises.
(iv) If daytime weather and/or sea conditions preclude adequate surveillance for detecting marine mammals, then the Marine Corps shall postpone training exercises until adequate sea conditions exist for adequate monitoring of the safety zone prescribed in paragraph (b)(1) of this section.
(4) Pre-Mission and Post-Mission Monitoring:
(i) Range operators shall conduct or direct visual surveys to monitor BT-9 or BT-11 for marine mammals before and after each exercise. Range operation and control personnel shall monitor the target area through two tower-mounted safety and surveillance cameras.
(ii) Range operators shall use the surveillance camera's night vision (i.e., infrared) capabilities to monitor BT-9 or BT-11 for marine mammals during night-time exercises.
(iii) For BT-9, in the event that a marine mammal is sighted within the 914-m (3,000-ft) radius around the target area, personnel shall declare the area as fouled and cease training exercises. Personnel shall commence operations in BT-9 only until the marine mammal moves beyond and on a path away from the 914-m (3,000 ft) radius from the BT-9 target.
(iv) For BT-11, in the event that a marine mammal is sighted anywhere within the confines of Rattan Bay, personnel shall declare the water-based targets within Rattan Bay as fouled and cease training exercises. Personnel shall commence operations in BT-11 only after the animal has moved out of Rattan Bay.
(5) Range Sweeps for Safety Zone Monitoring and Delay of Exercises:
(i) The Marine Corps shall conduct a range sweep the morning of each exercise day prior to the commencement of range operations.
(ii) The Marine Corps shall also conduct a range sweep after each exercise following the conclusion of range operations.
(iii) Marine Corps Air Station personnel shall conduct the sweeps by aircraft at an altitude of 100 to 300 m (328 to 984 ft) above the water surface, at airspeeds between 60 to 100 knots.
(iv) The path of the sweeps shall run down the western side of BT-11, circle around BT-9, and then continue down the eastern side of BT-9 before leaving the area.
(v) The maximum number of days that shall elapse between pre- and post-exercise monitoring events shall be approximately 3 days, and will normally occur on weekends.
(6) Cold Pass by Aircraft:
(i) For waterborne targets, the pilot must perform a low-altitude visual check immediately prior to ordnance delivery at the bombing targets both day and night to ensure the target area is clear of marine mammals. This is referred to as a ``cold'' or clearing pass.
(ii) Pilots shall conduct the cold pass with the aircraft (helicopter or fixed-winged) flying straight and level at altitudes of 61 to 914 m (200 to 3,000 ft) over the target area.
(iii) If marine mammals are present in the target area during a range sweep, cold pass, or visual surveillance with the camera, the Range Controller shall deny ordnance delivery to the target as conditions warrant. If marine mammals are not present in the target area, the Range Controller may grant clearance to the pilot as conditions warrant.
(7) Vessel Operation:
(i) All vessels used during training operations shall abide by NMFS' Southeast Regional Viewing Guidelines designed to prevent harassment to marine mammals (http://www.nmfs.noaa.gov/pr/education/southeast/).
(ii) [Reserved]