§ 218.95 - Requirements for monitoring and reporting.

§ 218.95 Requirements for monitoring and reporting.

(a) As outlined in the MITT Study Area Stranding Communication Plan, the Holder of the Authorization 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 or injury of any marine mammals, or in any take Level A harassment or Level B harassment of marine mammals not identified in § 218this subpart. 91.

(b) The Holder of Monitoring and reporting under the LOA. The Navy must conduct all monitoring and reporting required reporting under the LOA, including abiding by the MITT Monitoring Project Description.

(c) General notification of injured

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 shall ensure that NMFS (regional stranding coordinator) is notified immediately (or as soon as operational security considerations allow) if an injured or dead marine mammal is found during or shortly after, and in the vicinity of, an Navy training or testing activity utilizing mid- or high-frequency active sonar, or underwater explosive detonations. 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). The Navy shall consult the Stranding Response Plan to obtain more specific reporting requirements for specific circumstances.

(d) Vessel strike. In the event that a Navy vessel strikes a whale, the Navy shall do the following:

(1) Immediately report to NMFS (pursuant to the established Communication Protocol) the:

(i) Species identification if known;

(ii) Location (latitude/longitude) of the animal (or location of the strike if the animal has disappeared);

(iii) Whether the animal is alive or dead (or unknown); and

(iv) The time of the strike.

(2) As soon as feasible, the Navy shall report to or provide to NMFS, the:

(i) Size, length, and description (critical if species is not known) of animal;

(ii) An estimate of the injury status (e.g., dead, injured but alive, injured and moving, blood or tissue observed in the water, status unknown, disappeared, etc.);

(iii) Description of the behavior of the whale during event, immediately after the strike, and following the strike (until the report is made or the animal is no long sighted);

(iv) Vessel class/type and operation status;

(v) Vessel length

(vi) Vessel speed and heading; and

(vii) To the best extent possible, obtain

(3) Within 2 weeks of the strike, provide NMFS:

(i) A detailed description of the specific actions of the vessel in the 30-minute timeframe immediately preceding the strike, during the event, and immediately after the strike (e.g., the speed and changes in speed, the direction and changes in the direction, other maneuvers, sonar use, etc., if not classified); and

(ii) A narrative description of marine mammal sightings during the event and immediately after, and any information as to sightings prior to the strike, if available; and

(iii) Use established Navy shipboard procedures to make a camera available to attempt to capture photographs following a ship strike.

(e) Annual MITT monitoring program report.

(1) The Navy shall submit an annual report describing the implementation and results of the MITT Monitoring Program, described in § 218.95. Data standards will be consistent to the extent appropriate across range complexes and study areas to allow for comparison in different geographic locations. Although additional information will be gathered, the protected species observers collecting marine mammal data pursuant to the MITT Monitoring Program shall, at a minimum, provide the same marine mammal observation data required in this section.

(2) As an alternative, the Navy may submit a multi-range complex annual monitoring plan report to fulfill this requirement. Such a report would

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 monitoring report, if any, within three 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 provide comments on the draft report. Such a report will describe progress of knowledge made with respect to monitoring

plan

study questions across multiple Navy ranges associated with the ICMP. Similar study questions

shall

must be treated together so that progress on each topic

shall

can be summarized across

all

multiple Navy ranges. The report need not include analyses and content that does not provide direct assessment of cumulative progress on the monitoring

plan

study

questions. The report shall be submitted either 90 days after the calendar year, or 90 days after the conclusion of the monitoring year date to be determined by the Adaptive Management process.

(f) Sonar exercise notification. The Navy shall submit to NMFS (specific contact information to be provided in the LOA) either an electronic (preferably) or verbal report within 15 calendar days after the completion of any major exercise indicating:

(1) Location of the exercise.

(2) Beginning and end dates of the exercise.

(3) Type of exercise.

(g) Annual MITT exercise and testing report. The Navy shall submit preliminary reports

question. This will continue to allow the Navy to provide a cohesive monitoring report covering multiple ranges (as per ICMP goals), rather than entirely separate reports for the MITT, Hawaii-Southern California, Gulf of Alaska, and Northwest Training and Testing Study Areas.

(e) Annual MITT Study Area Training and Testing Exercise Report. Each year, the Navy must submit a preliminary report (Quick Look Report) detailing the status of authorized sound sources within 21 days after the anniversary of the date of issuance of the LOA to the Director, Office of Protected Resources, NMFS. The Navy

shall

must also submit a detailed report

3

(MITT Annual Training and Testing Exercise Report) to the Director, Office of Protected Resources, NMFS, within three months after the one-year anniversary of the date of issuance of the LOA. The

detailed annual report shall contain information on Major Training Exercises (MTE

MITT Annual Training and Testing Exercise Report can be consolidated with other exercise reports from other range complexes in the Pacific Ocean for a single Pacific Exercise Report, if desired. NMFS will submit comments or questions on the report, if any, within one month of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or one month after submittal of the draft if NMFS does not provide comments on the draft report. The annual will contain information on major training exercises (MTEs), Sinking Exercise (SINKEX) events, and a summary of all sound sources used (total hours or quantity of each bin of sonar or other non-impulsive source; total annual number of each type of explosive exercises; and total annual expended/detonated rounds (missiles,

as described below. The analysis in the detailed report will be based on the accumulation of data from the current year's report and data collected from previous reports. The detailed report shall contain information identified in § 218.95

bombs, sonobuoys, etc.) for each explosive bin). The annual report will also contain information on sound sources used including within specific mitigation reporting areas as described in paragraph (e)(4) of this section. The annual report will also contain both the current year's data as well as cumulative sonar and explosive use quantity from previous years' reports. Additionally, if there were any changes to the sound source allowance in a given year, or cumulatively, the report will include a discussion of why the change was made and include analysis to support how the change did or did not affect the analysis in the 2020 MITT FSEIS/OEIS and MMPA final rule. The annual report will also include the details regarding specific requirements associated with specific mitigation areas. The final annual/close-out report at the conclusion of the authorization period (year seven) will serve as the comprehensive close-out report and include both the final year annual use compared to annual authorization as well as a cumulative seven-year annual use compared to seven-year authorization. The detailed reports must contain the information identified in paragraphs (e)(1)

and

through (

2

6) of this section.

(1)

Major Training Exercises/SINKEX:

(i) This section shall contain the reporting requirements for Coordinated and Strike Group exercises and SINKEX. Coordinated and Strike Group Major Training Exercises include:

(A) Joint Multi-Strike Group Exercise (Valiant Shield).

(B) Joint Expeditionary Exercise

(ii) Exercise information for each MTE:

MTEs. This section of the report must contain the following information for MTEs conducted in the MITT Study Area.

(i) Exercise information for each MTE.

(A) Exercise designator.

(B) Date that exercise began and ended.

(C) Location

(operating area)

.

(D) Number

of items or hours (per the LOA) of each sound source bin (impulsive and non-impulsive) used in the exercise. (E

and types of active sonar sources used in exercise.

(E) Number and types of passive acoustic sources used in exercise.

(F) Number and types of vessels, aircraft,

etc.,

and other platforms participating in exercise.

(

F)

G) Total hours of all active sonar source operation.

(H) Total hours of each active sonar source bin.

(I) Wave height (high, low, and average) during exercise.

(ii) Individual marine mammal sighting information for each sighting

when mitigation occurred during each MTE: (1

in each exercise where mitigation was implemented.

(A) Date/

time

Time/

location

Location of sighting.

(

2

B) Species (if not possible, indication of whale

/

or dolphin).

(

3

C) Number of individuals.

(

4

D) Initial

detection sensor. (5

Detection Sensor (e.g., sonar, Lookout).

(E) Indication of specific type of platform

the

observation was made from (including, for example, what type of surface vessel or testing platform).

(

6

F) Length of time observers maintained visual contact with marine mammal

(s)

.

(

7

G) Sea state.

(

8

H) Visibility.

(

9

I) Sound source in use at the time of sighting.

(

10

J) Indication of whether

animal is <200

the animal was less than 200 yd, 200 to 500 yd, 500 to 1,000 yd, 1,000 to 2,000 yd, or

>2

greater than 2,000 yd from

sound

sonar source.

(

11

K)

Mitigation Implementation -

Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and how long the delay

was; or whether navigation was changed or delayed

.

(

12

L) If source in use

is a

was hull-mounted

sonar

,

relative

true bearing of animal from

ship,

the vessel, true direction of vessel's travel, and estimation of animal's motion relative to

ship

vessel (opening, closing, parallel).

(

13) Observed behavior - Watchstanders shall

M) Lookouts must report, in plain language and without trying to categorize in any way, the observed behavior of the animal(s) (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc.) and if any calves were present.

(iii) An evaluation (based on data gathered during all of the MTEs) of the effectiveness of mitigation measures designed to minimize the received level to which marine mammals may be exposed. This evaluation

shall

must identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation.

(

iv) Exercise

2) SINKEXs. This section of the report must include the following information for each SINKEX

: (A) List of the vessels and aircraft involved in the

completed that year.

(i) Exercise information gathered for each SINKEX.

(

B

A) Location.

(

operating area)

B) Date and time exercise began and ended.

(C)

Chronological list of events with times, including time of sunrise and sunset, start and stop time of all marine species surveys that occur

Total hours of observation by Lookouts before, during, and after

the SINKEX, and ordnance used

exercise.

(D)

Visibility and/or weather conditions, wind speed, cloud cover, etc. throughout exercise if it changes.

(E) Aircraft used in the surveys, flight altitude, and flight speed and the area covered by each of the surveys, given in coordinates, map, or square miles.

(F) Passive acoustic monitoring details (number of sonobuoys, area, detections of biologic activity, etc.).

(G) Individual marine mammal sighting info for each sighting that required mitigation to be implemented:

(1) Date/time/location of sighting.

(2

Total number and types of explosive source bins detonated.

(E) Number and types of passive acoustic sources used in exercise.

(F) Total hours of passive acoustic search time.

(G) Number and types of vessels, aircraft, and other platforms, participating in exercise.

(H) Wave height in feet (high, low, and average) during exercise.

(I) Narrative description of sensors and platforms utilized for marine mammal detection and timeline illustrating how marine mammal detection was conducted.

(ii) Individual marine mammal observation (by Navy Lookouts) information for each sighting where mitigation was implemented.

(A) Date/Time/Location of sighting.

(B) Species (if not possible,

indication of

indicate whale

/

or dolphin).

(

3

C) Number of individuals.

(

4

D) Initial detection sensor

. (5) Indication of specific type of platform the observation was made from (including, for example, what type of surface vessel or platform

(e.g., sonar or Lookout).

(

6

E) Length of time observers maintained visual contact with marine mammal

(s)

.

(

7

F) Sea state.

(

8

G) Visibility.

(

9) Indication of whether animal is <200 yd, 200-

H) Whether sighting was before, during, or after detonations/exercise, and how many minutes before or after.

(I) Distance of marine mammal from actual detonations (or target spot if not yet detonated): Less than 200 yd, 200 to 500 yd, 500

-

to 1,000 yd, 1,000

-

to 2,000 yd, or

>2

greater than 2,000 yd

from the target

.

(

10) Mitigation implementation - Whether the SINKEX was stopped or delayed and length of delay. (11) Observed behavior - Watchstanders shall

J) Lookouts must report, in plain language and without trying to categorize in any way, the observed behavior of the

animals

animal(s) (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming

,

etc.), including speed and direction and if any calves were present.

(

H) List of the ordnance used throughout the SINKEX and net explosive weight (NEW) of each weapon and the combined NEW. (2

K) The report must indicate whether explosive detonations were delayed, ceased, modified, or not modified due to marine mammal presence and for how long.

(L) If observation occurred while explosives were detonating in the water, indicate munition type in use at time of marine mammal detection.

(3) Summary of sources used.

(i)

This section

shall

of the report must include the following information summarized from the authorized sound sources used in all training and testing events:

(

A

i) Total annual hours or quantity (per the LOA) of each bin of sonar or other

non-impulsive source

transducers; and

(

B

ii) Total annual expended/detonated

rounds

ordnance (missiles, bombs, sonobuoys, etc.) for each explosive bin

; and

.

(

C) Improved Extended Echo-Ranging System (IEER)/sonobuoy summary, including:

(1) Total expended/detonated rounds (buoys).

(2) Total number of self-scuttled IEER rounds.

(3

4) Marpi Reef and Chalan Kanoa Reef Geographic Mitigation Areas. The Navy must report any active sonar use (all bins, by bin) between December 1 and April 30 that occurred as specifically described in these areas. Information included in the classified annual reports may be used to inform future adaptive management within the MITT Study Area.

(5) Geographic information presentation. The reports

shall

must present an annual (and seasonal, where practical) depiction of training

exercises

and testing bin usage geographically across the MITT Study Area.

(

h) Five-year close-out exercise and testing report. - This report will be included as part of the 2020 annual exercise or testing report. This report will provide the annual totals for each sound source bin with a comparison to the annual allowance and the 5-year total for each sound source bin with a comparison to the 5-year allowance. Additionally, if there were any changes to the sound source allowance, this report will include a discussion of why the change was made and include the analysis to support how the change did or did not result in a change in the FEIS and final rule determinations. The report will be submitted 3 months after the expiration of the rule. NMFS will

6) Sonar exercise notification. The Navy must submit to NMFS (contact as specified in the LOA) an electronic report within fifteen calendar days after the completion of any MTE indicating:

(i) Location of the exercise;

(ii) Beginning and end dates of the exercise; and

(iii) Type of exercise.

(f) Final Close-Out Report. The final (year seven) draft annual/close-out report must be submitted within three months after the expiration of this subpart to the Director, Office of Protected Resources, NMFS. NMFS must submit comments on the draft close-out report, if any, within

3

three months of receipt. The report will be considered final after the Navy has addressed NMFS' comments, or

3

three months after the submittal of the draft if NMFS does not provide comments.

[80 FR 46163, Aug. 3, 2015, as amended at 80 FR 73622, Nov. 24, 2015]