50 CFR Part 218 — Regulations Governing the Taking and Importing of Marine Mammals

PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS Authority: 16 U.S.C. 1361 et seq. Source: 74 FR 28343, June 15, 2009, unless otherwise noted. Subpart A [Reserved] Subpart B—Taking and Importing Marine Mammals; U.S. Navy's Point Mugu Sea Range (PMSR) Training and Testing Study Area Source: 87 FR 40960, July 8, 2022, unless otherwise noted. Effective Date Note: 87 FR 40960, July 8, 2022, subpart B was added to part 218, effective July 7, 2022, through July 7, 2029. § 218.10 Specified activity and geographical region. (a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occur in the area described in paragraph (b) of this section and that occur incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the Navy under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the PMSR Training and Testing Study Area. The PMSR Study Area is located adjacent to Los Angeles, Ventura, Santa Barbara, and San Luis Obispo Counties along the Pacific Coast of Southern California and includes a 36,000-square-mile sea range. The two primary components of the PMSR Complex are Special Use Airspace and the ocean Operating Areas. (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training and testing activities, including: (1) Training. (i) Air warfare; (ii) Electronic warfare; and (iii) Surface warfare. (2) Testing. (i) Air warfare; (ii) Electronic warfare; and (iii) Surface warfare. § 218.11 Effective dates. Regulations in this subpart are effective from July 7, 2022, through July 7, 2029. § 218.12 Permissible methods of taking. (a) Under an LOA issued pursuant to §§ 216.106 of this subchapter and 218.16, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.10(b) by Level A harassment and Level B harassment associated with the use of explosives and missile launch activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.10(c) is limited to the species and stocks listed in Table 1 of this section. Table 1 to § 218.12( b Common name Scientific name Stock Blue whale Balaenoptera musculus Eastern North Pacific. Fin whale Balaenoptera physalus California, Oregon, and Washington. Gray whale Eschrichtius robustus Eastern North Pacific. Humpback whale Megaptera novaeangliae California, Oregon, Washington. Minke whale Balaenoptera acutorostrata California, Oregon, and Washington. Common Bottlenose dolphin Tursiops truncatus California, Oregon, and Washington Offshore. Dall's porpoise Phocoenoides dalli California, Oregon, and Washington. Dwarf sperm whale Kogia sima California, Oregon, and Washington. Long-beaked common dolphin Delphinus capensis California. Mesoplodont beaked whales Mesoplodon spp California, Oregon, and Washington. Northern right whale dolphin Lissodelphis borealis California, Oregon, and Washington. Pacific white-sided dolphin Lagenorhynchus obliquidens California, Oregon, and Washington. Pygmy killer whale Feresa attenuata Pygmy sperm whale Kogia breviceps California, Oregon, and Washington. Risso's dolphins Grampus griseus California, Oregon, and Washington. Short-beaked common dolphin Delphinus delphis California, Oregon, and Washington. Sperm whale Physeter macrocephalus California, Oregon, and Washington. Striped dolphin Stenella coeruleoalba California, Oregon, and Washington. Harbor seal Phoca vitulina California. Northern elephant seal Mirounga angustirostris California. California sea lion Zalophus californianus U.S. Stock. Guadalupe fur seal Arctocephalus townsendi Mexico to California. § 218.13 Prohibitions. Except for incidental takings contemplated in § 218.12(a) and authorized by an LOA issued under §§ 216.106 of this chapter and 218.16, it shall be unlawful for any person to do any of the following in connection with the activities listed in § 218.10(c): (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 218.16; (b) Take any marine mammal not specified in § 218.12(b); (c) Take any marine mammal specified in § 218.12(b) in any manner other than as specified in the LOA issued under §§ 216.106 of this chapter and 218.16; or (d) Take a marine mammal specified in § 218.12(b) if NMFS determines such taking is having, or may have, more than a negligible impact on the species or stock concerned. § 218.14 Mitigation requirements. When conducting the activities identified in § 218.10(c), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 218.16 will be implemented. These mitigation measures include, but are not limited to: (a) Procedural mitigation. i.e., i.e., i.e., e.g., (1) Environmental awareness and education. (2) Weapons firing noise. (i) Number of Lookouts and observation platform. (ii) Mitigation one and requirements. (A) Prior to the initial start of the activity. (B) During the activity. (C) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Determined to have exited. ( 3 Clear from additional sightings. ( 4 Firing ship transit. (3) Explosive medium-caliber and large-caliber projectiles. (i) Number of Lookouts and observation platform. e.g., (ii) Mitigation zone and requirements. (A) Prior to the initial start of the activity (e.g., when maneuvering on station). (B) During the activity. (C) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Determined to have exited. ( 3 Clear from additional sightings. ( 4 Impact location transit. (D) After completion of the activity (e.g., prior to maneuvering off station). e.g., e.g., (4) Explosive missiles and rockets. (i) Number of Lookouts and observation platform. e.g., (ii) Mitigation zone and requirements. (A) Prior to the initial start of the activity e.g., (B) During the activity. (C) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Determined to have exited. ( 3 Clear from additional sightings. (D) After completion of the activity e.g., e.g., e.g., (5) Explosive bombs. (i) Number of Lookouts and observation platform. e.g., (ii) Mitigation one and requirements. (A) Prior to the initial start of the activity (e.g., when arriving on station). (B) During the activity (e.g., during target approach). (C) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Determined to have exited. ( 3 Clear from additional sightings. ( 4 Intended target transit. (D) After completion of the activity (e.g., prior to maneuvering off station). e.g., e.g., (6) Vessel movement. e.g., e.g., (i) Number of Lookouts and observation platform. (ii) Mitigation zone and requirements. (A) During the activity. (B) [Reserved] (iii) Reporting. (7) Small-, medium-, and large-caliber non-explosive practice munitions. (i) Number of Lookouts and observation platform. (ii) Mitigation zone and requirements. (A) Prior to the initial start of the activity (e.g., when maneuvering on station). (B) During the activity. (C) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Determined to have exited. ( 3 Clear of additional sightings. ( 4 Impact location transit. (8) Non-explosive missiles and rockets. (i) Number of Lookouts and observation platform. (ii) Mitigation zone and requirements. (A) Prior to the initial start of the activity (e.g., during a fly-over of the mitigation zone). (B) During the activity. (C) Commencement/recommencement conditions after a marine mammal sighting prior to or during the activity. ( 1 Observed exiting. ( 2 Determined to have exited. ( 3 Clear of additional sightings. (9) Non-explosive bombs. (i) Number of Lookouts and observation platform. (ii) Mitigation zone and requirements. (A) Prior to the initial start of the activity (e.g., when arriving on station). (B) During the activity (e.g., during approach of the target or intended minefield location). (C) Commencement/recommencement conditions after a marine mammal sighting prior to or during the activity. ( 1 Observed exiting. ( 2 Determined to have exited. ( 3 Clear of additional sightings. ( 4 Intended target transit. (10) Target and missile launches from San Nicolas Islands (SNI). (i) Mitigation zone and requirements. (A) Pinniped haulouts. (B) Number of launch events. (C) Launches during the peak pinniped pupping season. (D) Unauthorized species. (E) Review of launch procedures. (ii) [Reserved] (b) Seasonal awareness messages. (1) Blue whale awareness notification message. (ii) To maintain safety of navigation and to avoid interactions with large whales during transits, Navy personnel will instruct vessels to remain vigilant to the presence of blue whales that, when concentrated seasonally, may become vulnerable to vessel strikes. (iii) Navy personnel will use the information from the awareness notification message to assist their visual observation of applicable mitigation zones during training and testing activities and to aid in the implementation of procedural mitigation. (2) Gray whale awareness notification message. (ii) To maintain safety of navigation and to avoid interactions with large whales during transits, Navy personnel will instruct vessels to remain vigilant to the presence of gray whales that, when concentrated seasonally, may become vulnerable to vessel strikes. (iii) Navy personnel will use the information from the awareness notification message to assist their visual observation of applicable mitigation zones during training and testing activities and to aid in the implementation of procedural mitigation. (3) Fin whale awareness notification message. (ii) To maintain safety of navigation and to avoid interactions with large whales during transits, Navy personnel will instruct vessels to remain vigilant to the presence of fin whales that, when concentrated seasonally, may become vulnerable to vessel strikes. (iii) Navy personnel will use the information from the awareness notification message to assist their visual observation of applicable mitigation zones during training and testing activities and to aid in the implementation of procedural mitigation. § 218.15 Requirements for monitoring and reporting. (a) Unauthorized take. (b) Monitoring and reporting under the LOA. (c) Notification of injured, live stranded, or dead marine mammals. https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-testing-and-training-activities-point-mugu-sea-range. (d) Pinniped monitoring plan on SNI. e.g., (e) Annual pinniped monitoring report on SNI. (f) Annual PMSR Study Area Training and Testing Activity Report. etc. https://pmsr-eis.com/ (1) Explosives. (i) Activity information gathered for each explosive event. (A) Location by Special Use Airspace ( e.g., (B) Date and time exercise began and ended. (C) Total hours of observation by Lookouts before, during, and after exercise. (D) Total annual expended/detonated ordnance ( i.e., etc. (E) Wave height in feet (high, low, and average) during exercise. (F) 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, indicate whale or dolphin). (C) Number of individuals. (D) Initial detection sensor ( e.g., (E) Length of time observers maintained visual contact with marine mammal. (F) Sea state. (G) Visibility. (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 (183 m), 200 to 500 yd (183 m to 457 m), 500 to 1,000 yd (457 m to 914 m), 1,000 to 2,000 yd (914 m to 1,829 m), or greater than 2,000 yd (1,829 m). (J) Lookouts will 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. (K) The report will 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. (2) Summary of sources used. (i) Total annual quantity (per the LOA) of each explosive bin; and (ii) Total annual expended/detonated ordnance (missiles, bombs, etc. (g) Final close-out report. § 218.16 Letters of Authorization. (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy will apply for and obtain an LOA in accordance with § 216.106 of this chapter. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed between October 31, 2021, and October 30, 2028. (c) If an LOA expires prior to October 30, 2028, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.17(c)(1)) required by an LOA issued under this subpart, the Navy will apply for and obtain a modification of the LOA as described in § 218.17. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., (4) Requirements for monitoring and reporting. (f) Issuance of the LOA(s) will be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register § 218.17 Renewals and modifications of Letters of Authorization. (a) An LOA issued under §§ 216.106 of this chapter and 218.16 for the activity identified in § 218.10(c) may be renewed or modified upon request by the applicant, provided that: (1) The specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA(s) were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations in this subpart or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), NMFS may publish a notice of LOA in the Federal Register, (c) An LOA issued under §§ 216.106 of this chapter and 218.16 may be modified by NMFS under the following circumstances: (1) Adaptive management. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's annual monitoring report and annual exercise report from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; (C) Results from specific stranding investigations; or (D) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations in this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of a new LOA in the Federal Register (2) Emergencies. Federal Register §§ 218.18-218.19 [Reserved] Subparts C-F [Reserved] Subpart G—Taking and Importing Marine Mammals; U.S. Air Force's Eglin Gulf Test and Training Range (EGTTR) Source: 88 FR 24100, Apr. 18, 2023, unless otherwise noted. Effective Date Note: At 88 FR 24100, Apr. 18, 2023, subpart G was added to part 218, effective from Apr. 13, 2023, through Apr. 13, 2030. § 218.60 Specified activity and geographical region. (a) Regulations in this subpart apply only to the U.S. Air Force (USAF) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the USAF under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the Eglin Gulf Test and Training Range (EGTTR). The EGTTR is located adjacent to Santa Rosa, Okaloosa, and Walton Counties and includes property on Santa Rosa Island and Cape San Blas. The EGTTR is the airspace controlled by Eglin Air Force Base (AFB) over the Gulf of America, beginning 3 nautical miles (nmi) from shore, and the underlying Gulf of America waters. The EGTTR extends southward and westward off the coast of Florida and encompasses approximately 102,000 square nautical miles (nmi 2 (c) The taking of marine mammals by the USAF is only authorized if it occurs incidental to the USAF conducting training and testing activities, including air warfare and surface warfare training and testing activities. [88 FR 24100, Apr. 18, 2023, as amended at 90 FR 38002, Aug. 7, 2025] § 218.61 Effective dates. Regulations in this subpart are effective from April 13, 2023, through April 13, 2030. § 218.62 Permissible methods of taking. (a) Under an LOA issued pursuant to § 216.106 of this subchapter and § 218.66, the Holder of the LOA (hereinafter “USAF”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.60(b) by Level A and Level B harassment (defined in section 3(18)(B) of the Marine Mammal Protection Act) associated training and testing activities described in § 218.60(c) provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.60(c) is limited to the species and stocks listed in table 1 to this paragraph (b). Only Level B Harassment of Rice's whales is authorized. Level A Harassment and level B Harassment of the two dolphin stocks are authorized. Table 1 to Paragraph (b) Common name Scientific name Stock Atlantic spotted dolphin Stenella frontalis Northern Gulf of Mexico. Common Bottlenose dolphin Tursiops truncatus Northern Gulf of Mexico Continental Shelf. Rice's whale Balaenoptera ricei No Stock Designated. § 218.63 Prohibitions. (a) Except for permissible incidental take described in § 218.62(a) and authorized by an LOA issued under § 216.106 of this subchapter and § 218.66, no person in connection with the activities listed in § 218.66 may do any of the following in connection with activities listed in § 218.60(c): (1) Violate, or fail to comply with, the terms, conditions, or requirements of this subpart or an LOA issued under § 216.106 of this subchapter and § 218.66; (2) Take any marine mammal not specified in § 218.62(b); (3) Take any marine mammal specified in § 218.62(b) in any manner other than as specified in the LOA issued under § 216.106 of this subchapter and § 218.66; (4) Take a marine mammal specified in § 218.62(b) after the National Marine Fisheries Service (NMFS) determines such taking results in more than a negligible impact on the species or stock of such marine mammal. (b) [Reserved] § 218.64 Mitigation requirements. (a) When conducting the activities identified in § 218.60(c), the mitigation measures contained in this subpart and any LOA issued under § 216.106 of this subchapter and § 218.66 must be implemented. These mitigation measures include, but are not limited to: (1) Operational measures. (i) Pre-mission survey. (B) USAF range-clearing vessels and marine mammal survey vessels must be onsite 90 minutes before mission to clear prescribed human safety zone and survey the mitigation zone for the given mission-day category. (C) For all live missions except gunnery missions, USAF Protected Species Observers (PSOs) must monitor the mitigation zones as defined in table 1 to paragraph (a)(1)(i)(C)( 5 ( 1 5 ( 2 ( 3 ( 4 ( 5 5 Table 1 to Paragraph (a)(1)(i)(C) 5 (in m) Mission-day category Mitigation zone Monitoring zone 5 6 A 1,130 TBD (to be determined). B 1,170 TBD. C 1,090 TBD. D 950 TBD. E 960 TBD. F 710 TBD. G 1 550. H 2 450. I 280 TBD. J 1,360 TBD. K 890 TBD. L 780 TBD. M 580 TBD. N 500 TBD. O 370 TBD. P 410 TBD. Q 3 500. R 4 TBD. S 860 TBD. 1 2 3 4 5 6 (D) Missions involving air-to-surface gunnery operations must conduct aerial monitoring of the mitigation zones, as described in the table 3 to this paragraph (a)(1)(i)(D). Table 2 to Paragraph (a)(1)(i)(D) (in m) Inert impact class Mitigation zone Monitoring zone 1 2 160 TBD. 1 126 TBD. 0.5 100 TBD. 0.15 68 TBD. 1 Table 3 to Paragraph (a)(1)(i)(D) Aircraft Gunnery round Mitigation zone Monitoring altitude Operational altitude AC-30 Gunship 30 mm; 105 mm (FU and TR) 1 5 nmi (9,260 m) 6,000 ft (1,828 m) 15,000 ft (4,572 m) to 20,000 ft (6,096 m). CV-22 Osprey .50 caliber 3 nmi (5,556 m) 1,000 ft (3,280 m) 1,000 ft (3,280 m). 1 (ii) Mission postponement, relocation, or cancellation. (B) The mission must be postponed, relocated, or cancelled if either of the two authorized dolphin species are visually detected in the mitigation zone during the pre-mission survey. Postponement must continue until the animals are confirmed to be outside of the mitigation zone and observed by a PSO to be heading away from the mitigation zone or until the animals are not seen again for 30 minutes. (C) The mission must be postponed if marine mammal indicators ( i.e., (D) If either of the two authorized dolphin species are observed in the monitoring zone by PSOs when observation vessels are exiting the human safety zone, and if PSOs determine the marine mammals are heading toward the mitigation zone, then missions must either be postponed, relocated, or cancelled based on mission-specific test and environmental parameters. Postponement must continue until the animals are confirmed by a PSO to be heading away from the mitigation zone or until the animals are not seen again for 30 minutes. (E) Aerial-based PSOs must look for potential indicators of marine mammal species presence, such as large schools of fish and large, active groups of birds. (F) If marine mammal or potential indicators are detected in the mitigation area during pre-mission surveys or during the mission by aerial-based or video-based PSOs, operations must be immediately halted until the mitigation zone is clear of all marine mammals, or the mission must be relocated to another target area. (iii) Vessel avoidance measures. (A) When any marine mammal is sighted, vessels must attempt to maintain a distance of at least 150 ft (46 m) away from marine mammals and 300 ft (92 m) away from whales. Vessels must reduce speed and avoid abrupt changes in direction until the animal(s) has left the area. (B) If a whale is sighted in a vessel's path or within 300 feet (92 m) from the vessel, the vessel speed must be reduced and the vessel's engine must be shifted to neutral. The engines must not be engaged until the animals are clear of the area. (C) If a whale is sighted farther than 300 feet (92 m) from the vessel, the vessel must maintain a distance of 300 feet greater between the whale and the vessel's speed must be reduced to 10 knots or less. (D) Vessels are required to stay 500 m away from the Rice's whale. If a baleen whale cannot be positively identified to species level then it must be assumed to be a Rice's whale and the 500 m separation distance must be maintained. (E) Vessels must avoid transit in the core distribution area (CDA), as specified in the LOA issued under § 216.106 of this subchapter and § 218.66, and within the 100—400 m isobath zone outside the CDA. If transit in these areas is unavoidable, vessels must not exceed 10 knots and transit at night is prohibited. (F) An exception to any vessel strike avoidance measure is for instances required for human safety, such as when members of the public need to be intercepted to secure the human safety zone, or when the safety of a vessel operations crew could be compromised. (iv) Gunnery-specific mitigation. (B) Within a mission, firing must start with use of the lowest caliber munition and proceed to increasingly larger rounds. (C) Any pause in live fire activities greater than 10 minutes must be followed by the re-initiation of pre-mission surveys. (2) Geographic mitigation measures Setbacks for Live Impact Areas (LIAs). Table 4 to Paragraph (a)(2)(i) User group Mission-day category NEWi Setback from 53rd Weapons Evaluation Group (53 WEG) A 2,413.6 7.323 B 2,029.9 6.659 C 1,376.2 5.277 D 836.22 3.557 E 934.9 3.192 Air Force Special Operations Command (AFSOC) F 584.6 3.169 I 29.6 0.394 96th Operations Group (96 OG) J 946.8 5.188 K 350 1.338 L 627.1 3.315 M 324.9 2.017 N 238.1 1.815 O 104.6 0.734 P 130.8 0.787 Q 94.4 0.667 R 37.1 0.368 Naval School Explosive Ordnance Disposal (NAVSCOLEOD) S 130 1.042 (ii) Gunnery missions. (iii) Live munition prohibitions. (iv) Inert munition restrictions. (v) Mission category K restrictions. (B) Mission-day category K munitions must have a setback of 1.338 km from the 100-m isobath. (C) Mission-day category K munitions may be fired into portions of the EGTTR outside the LIAs but must be outside the area between the 100-m and 400-m isobaths. (3) Environmental mitigation Sea state conditions. (ii) Daylight restrictions. (b) [Reserved] § 218.65 Requirements for monitoring and reporting. (a) PSO training. (1) Any person who will serve as a PSO for a particular mission must have completed the training within a year prior to the mission. (2) For missions that require multiple survey platforms to cover a large area, a Lead Biologist must be designated to lead the monitoring and coordinate sighting information with the Test Director or Safety Officer. (b) Vessel-based monitoring. (2) Monitoring must be conducted from the highest point feasible on the vessels. (3) There must be at least two PSOs on each survey vessel. (4) For missions that require multiple vessels to cover a large survey area, a Lead Biologist must be designated. (i) The Lead Biologist must coordinate all survey efforts. (ii) The Lead Biologist must compile sightings information from other vessels. (iii) The Lead Biologist must inform Tower Control if the mitigation and monitoring zones are clear or not clear of marine mammal species. (iv) If the area is not clear, the Lead Biologist must provide recommendations on whether the mission should be postponed or canceled. (v) Tower Control must relay the Lead Biologist's recommendation to the Safety Officer. The Safety Officer and Test Director must collaborate regarding range conditions based on the information provided. (vi) The Safety Officer must have the final authority on decisions regarding postponements and cancellations of missions. (c) Aerial-based monitoring. (2) Gunnery mission aircraft must also serve as aerial-based monitoring platforms. (3) Aerial survey teams must consist of Eglin Natural Resources Office personnel or their designees aboard a non-mission aircraft or the mission aircrew. (4) All aircraft personnel on non-mission and mission aircraft who are acting in the role of a PSO must have completed Eglin AFB's Marine Species Observer Training Course. (5) One trained PSO in the aircraft must record data and relay information on species sightings, including the species (if possible), location, direction of movement, and number of animals, to the Lead Biologist. (6) For gunnery missions, after arriving at the mission site and before initiating gun firing, the aircraft must fly at least two complete orbits around the target area out to the applicable monitoring zone at a minimum safe airspeed and appropriate monitoring altitude as shown in table 3 to § 218.64(a)(1)(i)(D). (7) Aerial monitoring by aircraft must maintain a minimum ceiling of 305 m (1,000 feet) and visibility of 5.6 km (3 nmi) for effective monitoring efforts and flight safety as shown in table 3 to § 218.64(a)(1)(i)(D). (8) Pre-mission aerial surveys conducted by gunnery aircrews in AC-130s must extend out 5 nmi (9,260 m) from the target location while aerial surveys in CV-22 aircraft must extend out from the target location to a range of 3 nmi (5,556 m) as shown in table 3 to § 218.64(a)(1)(i)(D). (9) If the mission is relocated, the pre-mission survey procedures must be repeated in the new area. (10) If multiple gunnery missions are conducted during the same flight, marine species monitoring must be conducted separately for each mission. (11) During nighttime missions, night-vision goggles must be used. (12) During nighttime missions, low-light electro-optical and infrared sensor systems on board the aircraft must be used for marine mammal species monitoring. (13) Mission-day category K tests and any other missions that are conducted at nighttime must be supported by AC-130 aircraft with night-vision instrumentation or other platforms with comparable nighttime monitoring capabilities. (14) For Mission-day category K missions, the pre-mission survey area must extend out to, at a minimum, double the Level A harassment (PTS) threshold distance for delphinids (0.89 km). Mission-day category K is estimated to have a PTS threshold distance of 0.445 km as shown in table 1 to this paragraph (c)(14). Table 1 to Paragraph (c)(14) (in km) Mission-day category Mortality Level A harassment Level B harassment Positive Slight lung Gastrointestinal (GI) PTS Temporary threshold shift (TTS) Behavioral Positive Peak sound pressure level (SPL) Weighted Peak SPL Weighted SEL Peak SPL Weighted SEL Bottlenose Dolphin A 0.139 0.276 0.194 0.562 0.389 5.59 0.706 9.538 B 0.128 0.254 0.180 0.581 0.361 5.215 0.655 8.937 C 0.100 0.199 0.144 0.543 0.289 4.459 0.524 7.568 D 0.100 0.199 0.144 0.471 0.289 3.251 0.524 5.664 E 0.068 0.136 0.103 0.479 0.207 3.272 0.377 5.88 F 0.128 0.254 0.180 0.352 0.362 2.338 0.655 4.596 G 0.027 0.054 0.048 0.274 0.093 1.095 0.165 2.488 H 0.010 0.019 0.021 0.225 0.040 0.809 0.071 1.409 I 0.025 0.049 0.045 0.136 0.087 0.536 0.154 0.918 J 0.228 0.449 0.306 0.678 0.615 3.458 1.115 6.193 K 0.158 0.313 0.222 0.258 0.445 1.263 0.808 2.663 L 0.139 0.276 0.194 0.347 0.389 2.35 0.706 4.656 M 0.068 0.136 0.103 0.286 0.207 1.446 0.377 3.508 N 0.073 0.145 0.113 0.25 0.225 1.432 0.404 2.935 O 0.046 0.092 0.078 0.185 0.155 0.795 0.278 1.878 P 0.046 0.092 0.078 0.204 0.155 0.907 0.278 2.172 Q 0.027 0.054 0.048 0.247 0.093 0.931 0.165 1.563 R 0.012 0.024 0.026 0.139 0.052 0.537 0.093 0.91 S 0.053 0.104 0.084 0.429 0.164 1.699 0.294 2.872 (d) Video-based monitoring. (2) A trained PSO (the video camera PSO) must monitor the live video feeds from the Gulf Range Armament Test Vessel (GRATV) transmitted to the Central Control Facility (CCF). (3) The video camera PSO must report any marine mammal species sightings to the Safety Officer, who will also be at the CCF. (4) The video camera PSO must have open lines of communication with the PSOs on vessels to facilitate real-time reporting of marine species sightings. (5) Direct radio communication must be maintained between vessels, GRATV personnel, and Tower Control throughout the mission. (6) If a marine mammal species is detected on the live video by a PSO prior to weapon release, the mission must be stopped immediately by the Safety Officer. (7) Supplemental video monitoring by additional aerial assets must be used when practicable ( e.g. (e) Post-mission monitoring. (2) For gunnery missions, following each mission, aircrews must conduct a post-mission survey beginning at the operational altitude and continuing through an orbiting descent to the designated monitoring altitude. The post-mission survey area will be the area covered in 30 minutes of observation in a direction down-current from the impact site or the actual pre-mission survey area, whichever is reached first. (3) During post-mission monitoring, PSOs must survey the mission site for any dead or injured marine mammals. The post-mission survey area will be the area covered in 30 minutes of observation in a direction down-current from the impact site or the actual pre-mission survey area, whichever is reached first. (f) Acoustic monitoring. (2) The USAF must further investigate ways to supplement its mitigation measures with the use of real-time PAM devices ( i.e., (3) These studies are contingent upon the availability of funding. (4) Both studies must be approved by NMFS. (g) Annual monitoring report. (1) Dates and times (begin and end) of each EGTTR mission; (2) Complete description of mission activities; (3) Complete description of pre-and post-monitoring activities occurring during each mission; (4) Environmental conditions during monitoring periods including Beaufort sea state and any other relevant weather conditions such as cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance; and (5) Upon observation of a marine mammal, the following information should be collected: (i) Observer who sighted the animal and observer location and activity at time of sighting; (ii) Time of sighting; (iii) Identification of the animal ( e.g., (iv) Distances and bearings of each marine mammal observed in relation to the target site; (v) Estimated number of animals including the minimum number, maximum number, and best estimate); (vi) Estimated number of animals by cohort ( e.g., (vii) Estimated time that the animal(s) spent within each of the mitigation and monitoring zones; (viii) Description of any marine mammal observed marine mammal behaviors (such as feeding or traveling) or changes in behavioral patterns ( e.g., (ix) Detailed information about implementation of any mitigation ( e.g., (x) All PSO datasheets and/or raw sightings data. (6) The final comprehensive report must include a summary of data collected as part of the annual reports. (h) Reporting dead or injured marine mammal. (2) The USAF will not resume their activities until notified by NMFS. The report must include the following information: (i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable); (ii) Species identification (if known) or description of the animal(s) involved; (iii) Condition of the animal(s) (including carcass condition if the animal is dead); (iv) Observed behaviors of the animal(s), if alive; (v) If available, photographs or video footage of the animal(s); and (vi) General circumstances under which the animal was discovered. § 218.66 Letters of Authorization. (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the USAF must apply for and obtain an LOA in accordance with § 216.106 of this subchapter. (b) An LOA, unless suspended or revoked, may be effective seven years from the date of issuance. (c) Except for changes made pursuant to the adaptive management provision of § 218.67(b)(1), in the event of projected changes to the activity or to mitigation, monitoring, or reporting required by an LOA issued under this subpart, the USAF must apply for and obtain a modification of the LOA as described in § 218.67. (d) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., (4) Requirements for monitoring and reporting. (e) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (f) Notice of issuance or denial of the LOA(s) will be published in the Federal Register § 218.67 Renewals and modifications of Letters of Authorization. (a) An LOA issued under § 216.106 of this subchapter and § 218.66 for the activity identified in § 218.60(c) may be modified upon request by the applicant, consistent with paragraph (b) of this section, provided that any requested changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (b)(1) of this section) do not change the underlying findings made for the regulations in this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or years). (b) An LOA issued under § 216.106 of this subchapter and § 218.66 may be modified by NMFS under the following circumstances: (1) Adaptive management. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from USAF's annual monitoring report and annual exercise report from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; (C) Results from specific stranding investigations; or (D) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations in this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of a new proposed LOA in the Federal Register (2) Emergencies. Federal Register §§ 218.68-218.69 [Reserved] Subpart H—Taking and Importing Marine Mammals; Military Readiness Activities in the Hawaii-California Training and Testing Study Area Source: 90 FR 59024, Dec. 17, 2025, unless otherwise noted. Effective Date Note: At 90 FR 59024, Dec. 17, 2025, subpart H to part 218 was revised, effective Dec. 21, 2025, to Dec. 20, 2032. § 218.70 Specified activity and geographical region. (a) Regulations in this subpart apply only to the U.S. Navy (including the U.S. Marine Corps; Navy), U.S. Coast Guard (Coast Guard), and U.S. Army (collectively referred to as the “Action Proponents”) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. Requirements imposed on the Action Proponents must be implemented by those persons they authorize or fund to conduct activities on their behalf. (b) The taking of marine mammals by the Action Proponents under this subpart may be authorized in letters of authorization (LOAs) only if it occurs within the Hawaii-California Training and Testing (HCTT) Study Area. The HCTT Study Area includes areas in the north-central Pacific Ocean, from California west to Hawaii and the International Date Line, and including the Hawaii Range Complex (HRC) and Temporary Operating Area (TOA), Southern California (SOCAL) Range Complex, Point Mugu Sea Range (PMSR), Silver Strand Training Complex, areas along the Southern California coastline from approximately Dana Point to Port Hueneme, and the Northern California (NOCAL) Range Complex. Also included in the HCTT Study Area are Navy pierside locations in Hawaii and Southern California, Pearl Harbor, San Diego Bay, and the transit corridor on the high seas where training and testing may occur. Figure 1 to this paragraph (b) shows the location of the HCTT Study Area. (c) The taking of marine mammals by the Action Proponents is only authorized if it occurs incidental to the Action Proponents conducting military readiness activities, including the following: (1) Amphibious warfare; (2) Anti-submarine warfare; (3) Expeditionary warfare; (4) Mine warfare; (5) Surface warfare; (6) Vessel evaluation; (7) Unmanned systems; (8) Acoustic and oceanographic science and technology; (9) Vessel movement; (10) Land-based launches; and (11) Other training and testing activities. § 218.71 Effective dates. Regulations in this subpart are effective from December 21, 2025, through December 20, 2032. § 218.72 Permissible methods of taking. (a) Under LOAs issued pursuant to § 216.106 of this chapter and this subpart, the Action Proponents may incidentally, but not intentionally, take marine mammals within the area described in § 218.70(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs. (b) The incidental take of marine mammals by the activities listed in § 218.70(c) is limited to the following species: Table 1 to Paragraph (b) Species Stock Gray whale Eastern North Pacific. Gray whale Western North Pacific. Blue whale Central North Pacific. Blue whale Eastern North Pacific. Bryde's whale Eastern Tropical Pacific. Bryde's whale Hawaii. Fin whale Hawaii. Fin whale California/Oregon/Washington. Humpback whale Central America/Southern Mexico—California-Oregon-Washington. Humpback whale Mainland Mexico—California-Oregon-Washington. Humpback whale Hawaii. Minke whale Hawaii. Minke whale California/Oregon/Washington. Sei whale Hawaii. Sei whale Eastern North Pacific. Sperm whale Hawaii. Sperm whale California/Oregon/Washington. Dwarf sperm whale Hawaii. Dwarf sperm whale California/Oregon/Washington. Pygmy sperm whale Hawaii. Pygmy sperm whale California/Oregon/Washington. Baird's beaked whale California/Oregon/Washington. Blainville's beaked whale Hawaii. Goose-beaked whale Hawaii. Goose-beaked whale California/Oregon/Washington. Longman's beaked whale Hawaii. Mesoplodont beaked whale California/Oregon/Washington. False killer whale Main Hawaiian Islands Insular. False killer whale Northwest Hawaiian Islands. False killer whale Hawaii Pelagic. False killer whale Baja California Peninsula Mexico population. Killer whale Hawaii. Killer whale Eastern North Pacific Offshore. Killer whale West Coast Transient. Melon-headed whale Hawaiian Islands. Melon-headed whale Kohala Resident (Hawaii). Pygmy killer whale Hawaii. Pygmy killer whale California—Baja California Peninsula Mexico population. Short-finned pilot whale Hawaii. Short-finned pilot whale California/Oregon/Washington. Bottlenose dolphin Maui Nui. Bottlenose dolphin Hawaii Island. Bottlenose dolphin Hawaii Pelagic. Bottlenose dolphin Kaua'i/Ni'ihau. Bottlenose dolphin O'ahu. Bottlenose dolphin California Coastal. Bottlenose dolphin California/Oregon/Washington Offshore. Fraser's dolphin Hawaii. Long-beaked common dolphin California. Northern right whale dolphin California/Oregon/Washington. Pacific white-sided dolphin California/Oregon/Washington. Pantropical spotted dolphin Maui Nui. Pantropical spotted dolphin Hawaii Island. Pantropical spotted dolphin Hawaii Pelagic. Pantropical spotted dolphin O'ahu. Pantropical spotted dolphin Baja California Peninsula Mexico population. Risso's dolphin Hawaii. Risso's dolphin California/Oregon/Washington. Rough-toothed dolphin Hawaii. Short-beaked common dolphin California/Oregon/Washington. Spinner dolphin Hawaii Pelagic. Spinner dolphin Hawaii Island. Spinner dolphin Kaua'i/Ni'ihau. Spinner dolphin O'ahu/4 Islands Region. Striped dolphin Hawaii Pelagic. Striped dolphin California/Oregon/Washington. Dall's porpoise California/Oregon/Washington. Harbor porpoise Monterey Bay. Harbor porpoise Morro Bay. Harbor porpoise Northern California/Southern Oregon. Harbor porpoise San Francisco/Russian River. California sea lion U.S. Guadalupe fur seal Mexico. Northern fur seal Eastern Pacific. Northern fur seal California. Steller sea lion Eastern. Harbor seal California. Hawaiian monk seal Hawaii. Northern elephant seal California Breeding. § 218.73 Prohibitions. Except incidental take described in § 218.72 and authorized by a LOA issued under this subpart, it shall be unlawful for any person to do the following in connection with the activities described in this subpart: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under § 216.106 of this chapter and this subpart; (b) Take any marine mammal not specified in § 218.72(b); (c) Take any marine mammal specified in § 218.72(b) in any manner other than as specified in the LOAs; or (d) Take a marine mammal specified in § 218.72(b) after NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal. § 218.74 Mitigation requirements. (a) When conducting the activities identified in § 218.70(c), the mitigation measures contained in this section and any LOA issued under this subpart must be implemented by Action Proponent personnel or contractors who are trained according to the requirements in the LOA. If Action Proponent contractors are serving on behalf of Action Proponent personnel, Action Proponent contractors must follow the mitigation applicable to Action Proponent personnel. These mitigation measures include, but are not limited to: (1) Activity-based mitigation. (i) Active acoustic sources with power down and shut down capabilities. (A) Mitigation zones and requirements. ( 1 ( 2 ( 3 (B) Lookout requirements. ( 1 ( 2 ( 3 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. e.g., (ii) Active acoustic sources with shut down capabilities only (no power down capability). e.g., (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 ( 3 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. e.g., (iii) Pile driving and extraction. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 ( 3 (D) Commencement or recommencement conditions. (iv) Weapons firing noise. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. (v) Explosive bombs. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities (D) Commencement or recommencement conditions. (vi) Explosive gunnery. (A) Mitigation zones and requirements. ( 1 ( 2 ( 3 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (vii) Explosive underwater demolition multiple charge—mat weave and obstacle loading. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 ( 3 ( 4 (D) Commencement or recommencement conditions. (viii) Explosive mine countermeasure and neutralization (no divers). (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (ix) Explosive mine neutralization (with divers). (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 e.g., ( 3 ( 4 i ( ii ( iii ( iv ( v ( 5 (D) Commencement or recommencement conditions. e.g., (x) Explosive missiles and rockets. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (xi) Explosive sonobuoys and research-based sub-surface explosives. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (xii) Explosive torpedoes. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (xiii) Ship shock trials. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 ( 3 ( 4 (D) Commencement or recommencement conditions. (xiv) Sinking exercises. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 ( 3 (D) Commencement or recommencement conditions. (xv) Non-explosive aerial-deployed mines and bombs. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. (xvi) Non-explosive gunnery. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. e.g., (xvii) Non-explosive missiles and rockets. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. e.g., (xviii) Manned surface vessels. (A) Mitigation zones and requirements. ( 1 ( i ( ii ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 (xix) Unmanned vehicles. (A) Mitigation zones and requirements. ( 1 ( i ( ii ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 (xx) Towed in-water devices. (A) Mitigation zones and requirements. ( 1 ( i ( ii ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 (xxi) Net deployment. (A) Mitigation zones and requirements. ( 1 ( i ( ii ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 (xxii) Commencement or recommencement conditions. (A) Observed exiting. (B) Concluded to have exited. (C) Clear from additional sightings. (D) Platform or target transit. (xxiii) Exceptions to activity-based mitigation for acoustic and explosive stressors and non-explosive ordnance. (A) Not operated under positive control. e.g., (B) Safety of navigation. e.g., (C) Aircraft operating at high altitudes. e.g., (D) Unmanned platforms. (E) Submerged submarines. e.g., (F) De minimis sources. e.g., (G) Unattended sources. (H) Bow- or wake-riding. e.g., e.g., (I) Aircraft operating at high altitudes. i.e., (J) Submerged submarines. (K) Aerial targets. (L) Vessel-launched or shore-launched missile or rocket events. (M) De minimis. (N) Unmanned platforms. (O) Aircraft operating at high altitudes. i.e., (P) Aerial targets and land-based targets. (Q) Vessel-launched or shore-launched missile or rocket events. (R) Unmanned platforms. (xxiv) Exceptions to activity-based mitigation for physical disturbance and strike stressors. (A) Submerged submarines. (B) Unmanned vehicles. (C) Bow- or wake-riding. e.g., e.g., (D) Hauled out pinnipeds. (E) Cable laying. (F) Mission requirements. e.g., (2) Geographic mitigation areas. (i) Hawaii Island marine mammal mitigation area. (A) Surface ship hull-mounted mid-frequency active sonar. (B) In-water explosives. (ii) Hawaii 4-Islands marine mammal mitigation area. (A) Surface ship hull-mounted mid-frequency active sonar. (B) In-water explosives. (iii) Hawaii humpback whale special reporting mitigation area. (A) Surface ship hull-mounted mid-frequency active sonar. (B) [Reserved] (iv) Hawaii humpback whale awareness notification mitigation area. (A) Hawaii humpback whale awareness notification mitigation area notifications. (B) Visual observations. (v) Northern California large whale mitigation area. (A) Surface ship hull-mounted mid-frequency active sonar. (B) [Reserved] (vi) Central California large whale mitigation area. (A) Surface ship hull-mounted mid-frequency active sonar. (B) [Reserved] (vii) Southern California blue whale mitigation area. (A) Surface ship hull-mounted mid-frequency active sonar. (B) In-water explosives. (viii) California large whale awareness messages. (A) California large whale awareness messages. e.g., (B) [Reserved] (ix) California large whale real-time notification mitigation area. (A) California large whale real-time notification mitigation area notifications. (B) [Reserved] (x) San Nicolas Island pinniped haulout mitigation area. (A) Haulouts. (B) Missile and target use. (C) Number of events. (D) Scheduling. (E) Monitoring plan. (F) Review of launch procedure. (xi) National security requirement. e.g., Figure 2 to paragraph (a)(2)—Geographic Mitigation Areas for Marine Mammals in the California Study Area (3) Cetacean live stranding. (i) Shutdown no longer needed. (ii) Shutdown procedures remain in effect. (iii) Further observations. e.g., (b) [Reserved] § 218.75 Requirements for monitoring and reporting. The Action Proponents must implement the following monitoring and reporting requirements when conducting the specified activities: (a) Notification of take. (b) Monitoring and reporting under the LOAs. (c) Notification of injured, live stranded, or dead marine mammals. https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. (d) Annual HCTT Study Area marine species monitoring report. (e) Quick look reports. (f) Annual HCTT training and testing reports. etc. https://www.nepa.navy.mil/hctteis/ (1) Major training exercises (MTEs). (i) Exercise information (for each MTE). (A) Exercise designator. (B) Date that exercise began and ended. (C) Location. (D) Number and types of active sonar sources used in the exercise. (E) Number and types of passive acoustic sources used in exercise. (F) Number and types of vessels, aircraft, and other platforms participating in each exercise. (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 in each exercise where mitigation was implemented. (A) Date, time, and location of sighting. (B) Species (if not possible, indication of whale/dolphin/pinniped). (C) Number of individuals. (D) Initial Detection Sensor ( e.g., (E) Indication of specific type of platform observation was made from (including, for example, what type of surface vessel or testing platform). (F) Length of time observers maintained visual contact with marine mammal. (G) Sea state. (H) Visibility. (I) Sound source in use at the time of sighting. (J) Indication of whether animal was less than 200 yd (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 m to 914.4 m), 1,000 to 2,000 yd (914.4 m to 1,828.8 m), or greater than 2,000 yd (1,828.8 m) from sonar source. (K) Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and the length of the delay. (L) If source in use was hull-mounted, true bearing of animal from the vessel, true direction of vessel's travel, and estimation of animal's motion relative to vessel (opening, closing, parallel). (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. (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. (A) This evaluation must identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation. (B) [Reserved] (2) Sinking exercises (SINKEX). (i) Exercise information. (A) Location. (B) Date and time exercise began and ended. (C) Total hours of observation by Lookouts before, during, and after exercise. (D) 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 Action Proponent Lookouts) information for each sighting where mitigation was implemented. (A) Date/time/location of sighting. (B) Species (if not possible, indicate whale, dolphin, or pinniped). (C) Number of individuals. (D) Initial detection sensor ( e.g., (E) Length of time observers maintained visual contact with marine mammal. (F) Sea state. (G) Visibility. (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 (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 to 914.4 m), 1,000 to 2,000 yd (914.4 to 1,828.8 m), or greater than 2,000 yd (1,828.8 m). (J) Lookouts must report the observed behavior of the animal(s) in plain language and without trying to categorize in any way (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. (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) Totals for sonar or other acoustic source bins. e.g., (ii) Total for explosive bins. etc. (4) San Nicolas Island. (5) Special reporting for geographic mitigation areas. (i) Hawaii humpback whale special reporting mitigation area. (ii) California large whale real-time notification mitigation area. (iii) National security requirement. (6) Foreign military sonar and explosives. (g) MTE sonar exercise notification. (1) Location. (2) Dates. (3) Type. § 218.76 Letters of Authorization. (a) To incidentally take marine mammals pursuant to this subpart, the Action Proponents must apply for and obtain LOAs. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) In the event of projected changes to the activity or to mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision of § 218.77(c)(1)) required by an LOA, the Action Proponent must apply for and obtain a modification of the LOA as described in § 218.77. (d) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., (4) Requirements for monitoring and reporting. (e) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations of this subpart. (f) Notice of issuance or denial of the LOA(s) will be published in the Federal Register § 218.77 Modifications of Letters of Authorization. (a) An LOA issued under §§ 216.106 of this chapter and 218.76 for the activity identified in § 218.70(c) shall be modified, upon request by the Action Proponents, provided that: (1) The specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs under this subpart were implemented. (b) For LOA modification requests by the applicants that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section), the LOA should be modified provided that: (1) NMFS determines that the change(s) to the activity or the mitigation, monitoring, or reporting do not change the findings made for this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or stock or years); and (2) NMFS may publish a notice of proposed modified LOA in the Federal Register, (c) An LOA issued under §§ 216.106 of this chapter and 218.76 for the activities identified in § 218.70(c) may be modified by NMFS Office of Protected Resources under the following circumstances: (1) After consulting with the Action Proponents regarding the practicability of the modifications, through adaptive management, NMFS may modify (including remove, revise, or add to) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring measures set forth in this subpart. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include, but are not limited to: (A) Results from the Action Proponents' monitoring report and annual exercise reports from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS shall publish a notice of proposed LOA(s) in the Federal Register (2) If the NMFS Office of Protected Resources determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.76, a LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register §§ 218.78-218.79 [Reserved] Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area Source: 90 FR 50705, Nov. 7, 2025, unless otherwise noted. Effective Date Note: At 90 FR 50705, Nov. 7, 2025, subpart I to part 218 was revised, effective Nov. 14, 2025, to Nov. 13, 2032 § 218.80 Specified activity and geographical region. (a) Regulations in this subpart apply only to the U.S. Navy (Navy) and U.S. Coast Guard (Coast Guard) (collectively referred to as the “Action Proponents”) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. Requirements imposed on the Action Proponents must be implemented by those persons they authorize or fund to conduct activities on their behalf. (b) The taking of marine mammals by the Action Proponents under this subpart may be authorized in letters of authorization (LOAs) only if it occurs within the Atlantic Fleet Training and Testing (AFTT) Study Area. The AFTT Study Area includes areas of the western Atlantic Ocean along the east coast of North America, the Gulf of America, and portions of the Caribbean Sea, covering approximately 2.6 million nmi 2 2 e.g., Figure 1 to Paragraph (b)—Map of the AFTT Study Area (c) The taking of marine mammals by the Action Proponents is only authorized if it occurs incidental to the Action Proponents conducting military readiness activities, including those in the following categories: (1) Amphibious warfare; (2) Anti-submarine warfare; (3) Expeditionary warfare; (4) Mine warfare; (5) Surface warfare; (6) Vessel evaluation; (7) Unmanned systems; (8) Acoustic and oceanographic science and technology; (9) Vessel movement; and (10) Other training and testing activities. § 218.81 Effective dates. Regulations in this subpart are effective from November 14, 2025, through November 13, 2032. § 218.82 Permissible methods of taking. (a) Under LOAs issued pursuant to § 216.106 of this chapter and this subpart, the Action Proponents may incidentally, but not intentionally, take marine mammals within the area described in § 218.80(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs. (b) The incidental take of marine mammals by the activities listed in § 218.80(c) is limited to the following species: Table 1 to Paragraph (b) Species Stock North Atlantic right whale Western. Blue whale Western North Atlantic. Bryde's whale Primary. Fin whale Western North Atlantic. Humpback whale Gulf of Maine. Minke whale Canadian Eastern Coast. Rice's whale Northern Gulf of America. Sei whale Nova Scotia. Sperm whale North Atlantic. Sperm whale Northern Gulf of America. Dwarf sperm whale Northern Gulf of America. Pygmy sperm whale Northern Gulf of America. Dwarf sperm whale Western North Atlantic. Pygmy sperm whale Western North Atlantic. Blainville's beaked whale Northern Gulf of America. Goose-beaked whale Northern Gulf of America. Gervais' beaked whale Northern Gulf of America. Blainville's beaked whale Western North Atlantic. Goose-beaked whale Western North Atlantic. Gervais' beaked whale Western North Atlantic. Northern bottlenose whale Western North Atlantic. Sowerby's beaked whale Western North Atlantic. True's beaked whale Western North Atlantic. Atlantic spotted dolphin Northern Gulf of America. Bottlenose dolphin Gulf of America Eastern Coastal. Bottlenose dolphin Gulf of America Northern Coastal. Bottlenose dolphin Gulf of America, Oceanic. Bottlenose dolphin Gulf of America Western Coastal. Bottlenose dolphin Mississippi Sound, Lake Borgne, and Bay Boudreau. Bottlenose dolphin Northern Gulf of America Continental Shelf. Bottlenose dolphin Nueces and Corpus Christi Bays. Bottlenose dolphin Sabine Lake. Bottlenose dolphin St. Andrew Bay. Bottlenose dolphin St. Joseph Bay. Bottlenose dolphin Tampa Bay. Clymene dolphin Northern Gulf of America. False killer whale Northern Gulf of America. Fraser's dolphin Northern Gulf of America. Killer whale Northern Gulf of America. Melon-headed whale Northern Gulf of America. Pygmy killer whale Northern Gulf of America. Risso's dolphin Northern Gulf of America. Rough-toothed dolphin Northern Gulf of America. Short-finned pilot whale Northern Gulf of America. Striped dolphin Northern Gulf of America. Pantropical spotted dolphin Northern Gulf of America. Spinner dolphin Northern Gulf of America. Atlantic white-sided dolphin Western North Atlantic. Common dolphin Western North Atlantic. Atlantic spotted dolphin Western North Atlantic. Bottlenose dolphin Indian River Lagoon Estuarine System. Bottlenose dolphin Jacksonville Estuarine System. Bottlenose dolphin Northern Georgia/Southern South Carolina Estuarine System. Bottlenose dolphin Northern North Carolina Estuarine System. Bottlenose dolphin Southern Georgia Estuarine System. Bottlenose dolphin Southern North Carolina Estuarine System. Tamanend's bottlenose dolphin Western North Atlantic Central Florida Coastal. Tamanend's bottlenose dolphin Western North Atlantic Northern Florida Coastal. Bottlenose dolphin Western North Atlantic Northern Migratory Coastal. Bottlenose dolphin Western North Atlantic Offshore. Tamanend's bottlenose dolphin Western North Atlantic South Carolina/Georgia Coastal. Bottlenose dolphin Western North Atlantic Southern Migratory Coastal. Clymene dolphin Western North Atlantic. False killer whale Western North Atlantic. Fraser's dolphin Western North Atlantic. Killer whale Western North Atlantic. Long-finned pilot whale Western North Atlantic. Melon-headed whale Western North Atlantic. Pantropical spotted dolphin Western North Atlantic. Pygmy killer whale Western North Atlantic. Risso's dolphin Western North Atlantic. Rough-toothed dolphin Western North Atlantic. Short-finned pilot whale Western North Atlantic. Spinner dolphin Western North Atlantic. Striped dolphin Western North Atlantic. White-beaked dolphin Western North Atlantic. Harbor porpoise Gulf of Maine/Bay of Fundy. Gray seal Western North Atlantic. Harbor seal Western North Atlantic. Harp seal Western North Atlantic. Hooded seal Western North Atlantic. § 218.83 Prohibitions. Except incidental take described in § 218.82 and authorized by a LOA issued under this subpart, it shall be unlawful for any person to do the following in connection with the activities described in this subpart: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under § 216.106 of this chapter and this subpart; (b) Take any marine mammal not specified in § 218.82(b); (c) Take any marine mammal specified in § 218.82(b) in any manner other than as specified in the LOAs; or (d) Take a marine mammal specified in § 218.82(b) after NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal. § 218.84 Mitigation requirements. (a) When conducting the activities identified in § 218.80(c), the mitigation measures contained in this section and any LOA issued under this subpart must be implemented by Action Proponent personnel or contractors who are trained according to the requirements in the LOA. If Action Proponent contractors are serving on behalf of Action Proponent personnel, Action Proponent contractors must follow the mitigation applicable to Action Proponent personnel. These mitigation measures include, but are not limited to: (1) Activity-based mitigation. (i) Active acoustic sources with power down and shut down capabilities. (A) Mitigation zones and requirements. ( 1 ( 2 ( 3 (B) Lookout requirements. ( 1 ( 2 ( 3 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. e.g., (ii) Active acoustic sources with shut down capabilities only (no power down capability). e.g., (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 ( 3 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. e.g., (iii) Pile driving and extraction. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 ( 3 (D) Commencement or recommencement conditions. (iv) Weapons firing noise. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. (v) Explosive bombs. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities (D) Commencement or recommencement conditions. (vi) Explosive gunnery. (A) Mitigation zones and requirements. ( 1 ( 2 ( 3 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (vii) Explosive line charges. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. (viii) Explosive mine countermeasure and neutralization (no divers). (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (ix) Explosive mine neutralization (with divers). (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 e.g., ( 3 ( 4 ( i ( ii ( iii ( iv ( v ( 5 (D) Commencement or recommencement conditions. e.g., (x) Explosive missiles and rockets. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (xi) Explosive sonobuoys and research-based sub-surface explosives. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (xii) Explosive torpedoes. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 ( 3 (D) Commencement or recommencement conditions. e.g., (xiii) Ship shock trials. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 ( 3 ( 4 (D) Commencement or recommencement conditions. (xiv) Sinking exercises. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 ( 3 (D) Commencement or recommencement conditions. (xv) Non-explosive aerial-deployed mines and bombs. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. (xvi) Non-explosive gunnery. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. e.g., (xvii) Non-explosive missiles and rockets. (A) Mitigation zones and requirements. ( 1 ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 e.g., ( 2 (D) Commencement or recommencement conditions. e.g., (xviii) Manned surface vessels. (A) Mitigation zones and requirements. ( 1 ( i ( ii ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 (xix) Unmanned vehicles. (A) Mitigation zones and requirements. ( 1 ( i ( ii ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 (xx) Towed in-water devices. (A) Mitigation zones and requirements. ( 1 ( i ( ii ( 2 (B) Lookout requirements. ( 1 ( 2 (C) Mitigation zone observation. ( 1 ( 2 (xxi) Commencement or recommencement conditions. (A) Observed exiting. (B) Concluded to have exited. (C) Clear from additional sightings. (D) Stressor transit. (xxii) Exceptions to activity-based mitigation for acoustic and explosive stressors. (A) Sources not operated under positive control ( e.g., (B) Sources used for safety of navigation ( e.g., (C) Sources used or deployed by aircraft operating at high altitudes ( e.g., (D) Sources used, deployed, or towed by unmanned platforms except when escort vessels are already participating in the event and have positive control over the source; (E) Sources used by submerged submarines ( e.g., (F) De minimis sources ( e.g., (G) Unattended sources, such as moored buoys used for acoustic and oceanographic research; and (H) Vessel-based, unmanned vehicle-based, or towed in-water sources when marine mammals ( e.g., e.g., (I) Explosives deployed by aircraft operating at high altitudes ( i.e., (J) Explosives deployed by submerged submarines, except for explosive torpedoes; (K) Explosives deployed against aerial targets; (L) Explosives during vessel-launched missile or rocket events; (M) Explosives used at or below the de minimis threshold (≤0.1 lb (0.05 kg) NEW); (N) Explosives deployed by unmanned platforms except when escort vessels are already participating in the event and have positive control over the explosive; (O) Non-explosive ordnance deployed by aircraft operating at high altitudes ( i.e., (P) Non-explosive ordnance deployed against aerial targets; (Q) Non-explosive ordnance deployed during vessel-launched missile or rocket events; and (R) Non-explosive ordnance deployed by unmanned platforms except when escort vessels are already participating in the event and have positive control over ordnance deployment. (xxiii) Exceptions to activity-based mitigation for physical disturbance and strike stressors. (A) By submerged submarines; (B) By unmanned vehicles except when escort vessels are already participating in the event and have positive control over the unmanned vehicle movements; (C) When marine mammals ( e.g., e.g., (D) When pinnipeds are hauled out on man-made navigational structures, port structures, and vessels; and (E) When impractical based on mission requirements ( e.g., (2) Geographic mitigation areas. (i) Ship shock trial mitigation area. (A) Jacksonville Operating Area. (B) Pre-event planning. (C) Environmentally unsuitable site. e.g., (ii) Major Training Exercise Planning Awareness Mitigation Areas. (A) Northeast. i.e., (B) Mid-Atlantic. i.e., (C) Gulf of America. (iii) Northeast North Atlantic Right Whale Mitigation Area. (A) Active sonar. (B) In-water explosives. (C) Explosive sonobuoys. (D) Non-explosive bombs. (E) Non-explosive torpedoes. ( 1 ( 2 ( i ( ii ( iii ( iv ( 3 e.g., (F) Vessel transits. ( 1 North Atlantic right whale sightings. https://whalemap.org/ ( 2 Sightings data to Lookouts. ( 3 Speed reductions. (iv) Gulf of Maine Marine Mammal Mitigation Area. (A) Surface ship hull-mounted mid-frequency active sonar. (B) [Reserved] (v) Martha's Vineyard North Atlantic Right Whale Mitigation Area. (A) Propulsion testing. (B) [Reserved] (vi) Jacksonville Operating Area North Atlantic Right Whale Mitigation Area. (A) November 15 to April 15. e.g., (B) Sightings data to Lookouts. (vii) Southeast North Atlantic Right Whale Mitigation Area. (A) Helicopter dipping sonar and low-frequency or surface ship hull-mounted mid-frequency active sonar during navigation training or object detection. (B) All other high-frequency, mid-frequency, or low-frequency active sonars. (C) Explosives. (D) Explosive sonobuoys. (E) Physical disturbance. (F) Vessel strike. (G) Vessel propulsion testing. (H) Acoustic, explosives, and physical disturbance and vessel strike. (viii) Dynamic North Atlantic Right Whale Mitigation Area. (A) North Atlantic Right Whale Dynamic Management Area notifications. e.g., ( 1 Alert assets. ( 2 Visual observations. (B) PMAP reports. ( 1 WhaleMap. https://whalemap.org ( 2 Strike risk. ( 3 Reinforce collision prevention. (C) Propulsion testing. e.g., https://whalemap.org (ix) Rice's Whale Mitigation Area. (A) Surface ship mid-frequency active sonar. (B) Explosives. (C) Explosive sonobuoys. (D) Propulsion testing. (E) Awareness message. i.e., (x) National security requirement. e.g., Figure 1 to Paragraph (a)(2)—Geographic Mitigation Areas for Marine Mammals in the AFTT Study Area (3) Cetacean live stranding. (i) Shutdown no longer needed. (ii) Shutdown procedures remain in effect. (iii) Further observations. e.g., (4) North Atlantic right whale persistence. (1) Analyze and discuss the application of new information from the NMFS North Atlantic Right Whale Persistence Modelling Efforts toward AFTT mitigation measures; (2) Evaluate the practicability and conservation benefits of newly proposed mitigation measure and/or changes to existing measures based on information from the model; and (3) Implement any new mitigation measures or changes to existing measures that meet the Action Proponents' Practicability Criteria and Sufficiently Beneficial requirements. (b) [Reserved] § 218.85 Requirements for monitoring and reporting. The Action Proponents must implement the following monitoring and reporting requirements when conducting the specified activities: (a) Notification of take. (b) Monitoring and reporting under the LOAs. (c) Notification of injured, live stranded, or dead marine mammals. https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities (d) Annual AFTT Study Area marine species monitoring report. (e) Quick look reports. (f) Annual AFTT training and testing reports. etc. https://www.nepa.navy.mil/aftteis/ (1) MTEs. (i) Exercise information (for each MTE). (A) Exercise designator. (B) Date that exercise began and ended. (C) Location. (D) Number and types of active sonar sources used in the exercise. (E) Number and types of passive acoustic sources used in exercise. (F) Number and types of vessels, aircraft, and other platforms participating in each exercise. (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 in each exercise where mitigation was implemented. (A) Date, time, and location of sighting. (B) Species (if not possible, indication of whale/dolphin/pinniped). (C) Number of individuals. (D) Initial detection sensor ( e.g., (E) Indication of specific type of platform observation was made from (including, for example, what type of surface vessel or testing platform). (F) Length of time observers maintained visual contact with marine mammal. (G) Sea state. (H) Visibility. (I) Sound source in use at the time of sighting. (J) Indication of whether marine mammal was less than 200 yd (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 m to 914.4 m), 1,000 to 2,000 yd (914.4 m to 1,828.8 m), or greater than 2,000 yd (1,828.8 m) from sonar source. (K) Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and the length of the delay. (L) If source in use was hull-mounted, true bearing of marine mammal from the vessel, true direction of vessel's travel, and estimation of marine mammal's motion relative to vessel (opening, closing, parallel). (M) Lookouts must report the observed behavior of the marine mammal(s) in plain language and without trying to categorize in any way (such as marine mammal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. (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. (A) This evaluation must identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation. (B) [Reserved] (2) Sinking exercises. (i) Exercise information. (A) Location. (B) Date and time exercise began and ended. (C) Total hours of observation by Lookouts before, during, and after exercise. (D) 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 Action Proponent Lookouts) information for each sighting where mitigation was implemented. (A) Date/time/location of sighting. (B) Species (if not possible, indicate whale, dolphin, or pinniped). (C) Number of individuals. (D) Initial detection sensor ( e.g., (E) Length of time observers maintained visual contact with marine mammal. (F) Sea state. (G) Visibility. (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 (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 to 914.4 m), 1,000 to 2,000 yd (914.4 to 1,828.8 m), or greater than 2,000 yd (1,828.8 m). (J) Lookouts must report the observed behavior of the marine mammal(s) in plain language and without trying to categorize in any way (such as marine mammal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. (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) Totals for sonar or other acoustic source bins. e.g., (ii) Total for explosive bins. etc. (4) Special reporting for geographic mitigation areas. (i) Northeast North Atlantic Right Whale Mitigation Area. (ii) Gulf of Maine Marine Mammal Mitigation Area. (iii) Southeast North Atlantic Right Whale Mitigation Area. (iv) Southeast North Atlantic Right Whale Special Reporting Mitigation Area. (v) Rice's Whale Mitigation Area. (vi) National security requirement. (5) Foreign military sonar and explosives. (g) MTE sonar exercise notification. (1) Location. (2) Dates. (3) Type. § 218.86 Letters of Authorization. (a) To incidentally take marine mammals pursuant to this subpart, the Action Proponents must apply for and obtain LOAs. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) In the event of projected changes to the activity or to mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision of § 218.87(c)(1)) required by an LOA, the Action Proponent must apply for and obtain a modification of the LOA as described in § 218.87. (d) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., (4) Requirements for monitoring and reporting. (e) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations of this subpart. (f) Notice of issuance or denial of the LOA(s) will be published in the Federal Register § 218.87 Modifications of Letters of Authorization. (a) An LOA issued under §§ 216.106 of this chapter and 218.86 for the activity identified in § 218.80(c) shall be modified, upon request by an Action Proponent(s), provided that: (1) The specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs under this subpart were implemented. (b) For LOA modification requests by the applicants that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section), the LOA should be modified provided that: (1) NMFS determines that the change(s) to the activity or the mitigation, monitoring, or reporting do not change the findings made for this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or stock or years); and (2) NMFS may publish a notice of proposed modified LOA in the Federal Register, (c) An LOA issued under §§ 216.106 of this chapter and 218.86 for the activities identified in § 218.80(c) may be modified by NMFS Office of Protected Resources under the following circumstances: (1) After consulting with the Action Proponents regarding the practicability of the modifications, through adaptive management, NMFS may modify (including remove, revise, or add to) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring measures set forth in this subpart. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include, but are not limited to: (A) Results from the Action Proponents' monitoring report and annual exercise reports from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS shall publish a notice of proposed LOA(s) in the Federal Register (2) If the NMFS Office of Protected Resources determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.86, a LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register §§ 218.88-218.89 [Reserved] Subpart J—Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) Source: 85 FR 46410, July 31, 2020, unless otherwise noted. Effective Date Note: At 85 FR 46410, July 31, 2020, subpart J to part 218 was revised, effective from July 31, 2020, to July 30, 2027. § 218.90 Specified activity and geographical region. (a) Regulations in this subpart apply only to the U.S. Navy for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the Navy under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the Mariana Islands Training and Testing (MITT) Study Area. The MITT Study Area is comprised of three components: The Mariana Islands Range Complex (MIRC), additional areas on the high seas, and a transit corridor between the MIRC and the Hawaii Range Complex (HRC). The MIRC includes the waters south of Guam to north of Pagan (Commonwealth of the Northern Mariana Islands (CNMI)), and from the Pacific Ocean east of the Mariana Islands to the Philippine Sea to the west, encompassing 501,873 square nautical miles (nmi 2 i.e., (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training and testing activities, including: (1) Training. (ii) Anti-submarine warfare; (iii) Mine warfare; (iv)-(v) [Reserved]; (vi) Surface warfare; and (vii) Other training activities. (2) Testing. (ii) Naval Sea Systems Command Testing Activities; and (iii) Office of Naval Research Testing Activities. § 218.91 Effective dates. Regulations in this subpart are effective from July 31, 2020, to July 30, 2027. § 218.92 Permissible methods of taking. (a) Under an LOA issued pursuant to §§ 216.106 of this section and 218.96, the Holder of the LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.90(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.90(c) is limited to the species listed in Table 1 of this section. Table 1 to § 218.92 (b) Species Scientific name Blue whale Balaenoptera musculus Bryde's whale Balaenoptera edeni Fin whale Balaenoptera physalus Humpback whale Megaptera novaeangliae Minke whale Balaenoptera acutorostrata Omura's whale Balaenoptera omurai Sei whale Balaenoptera borealis Blainville's beaked whale Mesoplodon densirostris Common bottlenose dolphin Tursiops truncatus Cuvier's beaked whale Ziphius cavirostris Dwarf sperm whale Kogia sima False killer whale Pseudorca crassidens Fraser's dolphin Lagenodelphis hosei Ginkgo-toothed beaked whale Mesoplodon ginkgodens Killer whale Orcinus orca Longman's beaked whale Indopacetus pacificus Melon-headed whale Peponocephala electra Pantropical spotted dolphin Stenella attenuata Pygmy killer whale Feresa attenuata Pygmy sperm whale Kogia breviceps Risso's dolphin Grampus griseus Rough-toothed dolphin Steno bredanensis Short-finned pilot whale Globicephala macrorhynchus Sperm whale Physeter macrocephalus Spinner dolphin Stenella longirostris Striped dolphin Stenella coeruleoalba § 218.93 Prohibitions. Notwithstanding incidental takings contemplated in § 218.92(a) and authorized by an LOA issued under §§ 216.106 of this section and 218.96, no person in connection with the activities listed in § 218.90(c) may: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this section and 218.96; (b) Take any marine mammal not specified in § 218.92(b); (c) Take any marine mammal specified in § 218.92(b) in any manner other than as specified in the LOA issued under §§ 216.106 of this chapter and 218.96; or (d) Take a marine mammal specified in § 218.92(b) if NMFS determines such taking results in more than a negligible impact on the species of such marine mammal. § 218.94 Mitigation requirements. When conducting the activities identified in § 218.90(c), the mitigation measures contained in any LOA issued under §§ 216.106 of this section and 218.96 must be implemented. These mitigation measures include, but are not limited to: (a) Procedural mitigation. i.e., i.e., (i.e., (1) Environmental awareness and education. (2) Active sonar. e.g., e.g., e.g., (i) Number of Lookouts and observation platform Hull-mounted sources. (B) Sources that are not hull-mounted sources. (ii) Mitigation zone and requirements. (A) Prior to the initial start of the activity ( e.g., (B) During the activity for low-frequency active sonar at or above 200 dB and hull-mounted mid-frequency active sonar, Navy personnel must observe the mitigation zone for marine mammals and power down active sonar transmission by 6 dB if marine mammals are observed within 1,000 yd of the sonar source; power down by an additional 4 dB (for a total of 10 dB) if marine mammals are observed within 500 yd of the sonar source; and cease transmission if marine mammals are observed within 200 yd of the sonar source. (C) During the activity for low-frequency active sonar below 200 dB, mid-frequency active sonar sources that are not hull mounted, and high-frequency active sonar, Navy personnel must observe the mitigation zone for marine mammals and cease active sonar transmission if marine mammals are observed within 200 yd of the sonar source. (D) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing or powering up active sonar transmission) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the sonar source; the mitigation zone has been clear from any additional sightings for 10 minutes (min) for aircraft-deployed sonar sources or 30 min for vessel-deployed sonar sources; for mobile activities, the active sonar source has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting; or for activities using hull-mounted sonar where a dolphin(s) is observed in the mitigation zone, the Lookout concludes that the dolphin(s) is deliberately closing in on the ship to ride the ship's bow wave, and is therefore out of the main transmission axis of the sonar (and there are no other marine mammal sightings within the mitigation zone). (3) Weapons firing noise. (i) Number of Lookouts and observation platform. (ii) Mitigation one and requirements. (A) Prior to the initial start of the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of weapons firing. (B) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease weapons firing. (C) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing weapons firing) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the firing ship; the mitigation zone has been clear from any additional sightings for 30 min; or for mobile activities, the firing ship has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (4) Explosive sonobuoys Number of Lookouts and observation platform. e.g., (ii) Mitigation zone and requirements. (B) Prior to the initial start of the activity ( e.g., (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease sonobuoy or source/receiver pair detonations. (D) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing detonations) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the sonobuoy; or the mitigation zone has been clear from any additional sightings for 10 min when the activity involves aircraft that have fuel constraints ( e.g., (E) After completion of the activity ( e.g., e.g., e.g., (5) Explosive torpedoes Number of Lookouts and observation platform. (e.g., (ii) Mitigation zone and requirements. (B) Prior to the initial start of the activity ( e.g., (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals. If marine mammals are observed, Navy personnel must cease firing. (D) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; or the mitigation zone has been clear from any additional sightings for 10 min when the activity involves aircraft that have fuel constraints, or 30 min when the activity involves aircraft that are not typically fuel constrained. (E) After completion of the activity ( e.g., (e.g., e.g., (6) Explosive medium-caliber and large-caliber projectiles. (i) Number of Lookouts and observation platform. e.g., (ii) Mitigation zone and requirements. (B) The mitigation zone must be 600 yd around the intended impact location for surface-to-surface activities using explosive medium-caliber projectiles. (C) The mitigation zone must be 1,000 yd around the intended impact location for surface-to-surface activities using explosive large-caliber projectiles. (D) Prior to the initial start of the activity ( e.g., (E) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (F) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; the mitigation zone has been clear from any additional sightings for 10 min for aircraft-based firing or 30 min for vessel-based firing; or for activities using mobile targets, the intended impact location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (G) After completion of the activity ( e.g., e.g., e.g., (7) Explosive missiles and rockets. (i) Number of Lookouts and observation platform. e.g., (ii) Mitigation zone and requirements. (B) 2,000 yd around the intended impact location for missiles with 21-500 lb net explosive weight. (C) Prior to the initial start of the activity ( e.g., (D) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (E) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; or the mitigation zone has been clear from any additional sightings for 10 min when the activity involves aircraft that have fuel constraints, or 30 min when the activity involves aircraft that are not typically fuel constrained. (F) After completion of the activity ( e.g., e.g., e.g., (8) Explosive bombs Number of Lookouts and observation platform. e.g., (ii) Mitigation zone and requirements. (B) Prior to the initial start of the activity ( e.g., (C) During the activity ( e.g., (D) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing bomb deployment) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended target; the mitigation zone has been clear from any additional sightings for 10 min; or for activities using mobile targets, the intended target has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (E) After completion of the activity ( e.g., e.g., e.g., (9) Sinking exercises Number of Lookouts and observation platform. e.g., (ii) Mitigation zone and requirements. (B) Prior to the initial start of the activity (90 min prior to the first firing), Navy personnel must conduct aerial observations of the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must delay the start of firing. (C) During the activity, Navy personnel must conduct passive acoustic monitoring for marine mammals and use the information from detections to assist visual observations. Navy personnel must visually observe the mitigation zone for marine mammals from the vessel; if marine mammals are observed, Navy personnel must cease firing. Immediately after any planned or unplanned breaks in weapons firing of longer than two hours, Navy personnel must observe the mitigation zone for marine mammals from the aircraft and vessel; if marine mammals are observed, Navy personnel must delay recommencement of firing. (D) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the target ship hulk; or the mitigation zone has been clear from any additional sightings for 30 min. (E) After completion of the activity (for two hours after sinking the vessel or until sunset, whichever comes first), Navy personnel must observe for marine mammals in the vicinity of where detonations occurred; if any injured or dead marine mammals are observed, Navy personnel must follow established incident reporting procedures. If additional platforms are supporting this activity ( e.g., (10) Explosive mine countermeasure and neutralization activities Number of Lookouts and observation platform. (B) If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., (ii) Mitigation zone and requirements. (B) Prior to the initial start of the activity ( e.g., (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease detonations. (D) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing detonations) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to detonation site; or the mitigation zone has been clear from any additional sightings for 10 min when the activity involves aircraft that have fuel constraints, or 30 min when the activity involves aircraft that are not typically fuel constrained. (E) [Reserved] (F) After completion of the activity (typically 10 min when the activity involves aircraft that have fuel constraints, or 30 min when the activity involves aircraft that are not typically fuel constrained), Navy personnel must observe for marine mammals in the vicinity of where detonations occurred; if any injured or dead marine mammals are observed, Navy personnel must follow established incident reporting procedures. If additional platforms are supporting this activity ( e.g., (11) Explosive mine neutralization activities involving Navy divers Number of Lookouts and observation platform. (B) Four Lookouts (two small boats with two Lookouts each), and a pilot or member of an aircrew which must serve as an additional Lookout if aircraft are used during the activity, must be used when implementing the larger mitigation zone. (C) All divers placing the charges on mines will support the Lookouts while performing their regular duties and will report applicable sightings to their supporting small boat or Range Safety Officer. (D) If additional platforms are participating in the activity, Navy personnel positioned on those assets ( e.g., (ii) Mitigation zone and requirements. (B) For Lookouts on small boats or aircraft, the mitigation zone must be 1,000 yd around the detonation site during all activities using time-delay fuses. (C) For divers, the mitigation zone must be the underwater detonation location, which is defined as the sea space within the divers' range of visibility but no further than the mitigation zone specified for Lookouts on small boats or aircraft (500 yd or 1,000 yd depending on the charge type). (D) Prior to the initial start of the activity (when maneuvering on station for activities under positive control; 30 min for activities using time-delay firing devices), Navy Lookouts on small boats or aircraft, must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must relocate or delay the start of detonations or fuse initiation. (E) During the activity, Navy Lookouts on small boats or aircraft, must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease detonations or fuse initiation. While performing their normal duties during the activity, divers must observe the underwater detonation location for marine mammals. Divers must notify their supporting small boat or Range Safety Officer of marine mammal sightings at the underwater detonation location; if observed, the Navy must cease detonations or fuse initiation. To the maximum extent practicable depending on mission requirements, safety, and environmental conditions, Navy personnel must position boats near the mid-point of the mitigation zone radius (but outside of the detonation plume and human safety zone), must position themselves on opposite sides of the detonation location (when two boats are used), and must travel in a circular pattern around the detonation location with one Lookout observing inward toward the detonation site and the other observing outward toward the perimeter of the mitigation zone. If used, Navy aircraft must travel in a circular pattern around the detonation location to the maximum extent practicable. Navy personnel must not set time-delay firing devices to exceed 10 min. (F) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the underwater detonation location or mitigation zone (as applicable) prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing detonations or fuse initiation) until one of the following conditions has been met: The animal is observed exiting the 500 yd or 1,000 yd mitigation zone; the animal is thought to have exited the 500 yd or 1,000 yd mitigation zone based on a determination of its course, speed, and movement relative to the detonation site; or the 500 yd or 1,000 yd mitigation zones (for Lookouts on small boats or aircraft) and the underwater detonation location (for divers) has been clear from any additional sightings for 10 min during activities under positive control with aircraft that have fuel constraints, or 30 min during activities under positive control with aircraft that are not typically fuel constrained and during activities using time-delay firing devices. (G) After completion of an activity, the Navy must observe for marine mammals for 30 min. Navy personnel must observe for marine mammals in the vicinity of where detonations occurred; if any injured or dead marine mammals are observed, Navy personnel must follow established incident reporting procedures. If additional platforms are supporting this activity ( e.g., (12) Maritime security operations—anti-swimmer grenades Number of Lookouts and observation platform. e.g., (ii) Mitigation zone and requirements. (B) Prior to the initial start of the activity ( e.g., (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease detonations. (D) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing detonations) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended detonation location; the mitigation zone has been clear from any additional sightings for 30 min; or the intended detonation location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (E) After completion of the activity ( e.g., e.g., e.g., (13) Vessel movement. e.g., e.g., (i) Number of Lookouts and observation platform. (ii) Mitigation zone and requirements. (B) The mitigation zone must be 200 yd around all other marine mammals (except bow-riding dolphins). (C) During the activity. When underway Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must maneuver to maintain distance. (iii) Reporting. (14) Towed in-water devices. (i) Number of Lookouts and observation platform. (ii) Mitigation zone and requirements. (B) During the activity ( i.e., (15) Small-, medium-, and large-caliber non-explosive practice munitions. (i) Number of Lookouts and observation platform. (ii) Mitigation zone and requirements. (B) Prior to the initial start of the activity ( e.g., (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (D) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; the mitigation zone has been clear from any additional sightings for 10 min for aircraft-based firing or 30 min for vessel-based firing; or for activities using a mobile target, the intended impact location has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (16) Non-explosive missiles and rockets. (i) Number of Lookouts and observation platform. (ii) Mitigation zone and requirements. (B) Prior to the initial start of the activity ( e.g., (C) During the activity, Navy personnel must observe the mitigation zone for marine mammals; if marine mammals are observed, Navy personnel must cease firing. (D) Commencement/recommencement conditions after a marine mammal sighting prior to or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing firing) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended impact location; or the mitigation zone has been clear from any additional sightings for 10 min when the activity involves aircraft that have fuel constraints, or 30 min when the activity involves aircraft that are not typically fuel constrained. (17) Non-explosive bombs and mine shapes. (i) Number of Lookouts and observation platform. (ii) Mitigation zone and requirements. (B) Prior to the initial start of the activity ( e.g., (C) During the activity ( e.g., (D) Commencement/recommencement conditions after a marine mammal sighting prior to or during the activity. Navy personnel must allow a sighted marine mammal to leave the mitigation zone prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing bomb deployment or mine laying) until one of the following conditions has been met: The animal is observed exiting the mitigation zone; the animal is thought to have exited the mitigation zone based on a determination of its course, speed, and movement relative to the intended target or minefield location; the mitigation zone has been clear from any additional sightings for 10 min; or for activities using mobile targets, the intended target has transited a distance equal to double that of the mitigation zone size beyond the location of the last sighting. (b) Mitigation areas. (1) Mitigation areas for marine mammals off Saipan in MITT Study Area for sonar, explosives, and vessel strikes Mitigation area requirements Marpi Reef and Chalan Kanoa Reef Geographic Mitigation Areas. 1 ( 2 ( 3 ( 4 e.g., (B) Marpi Reef and Chalan Kanoa Reef Awareness Notification Message Area. 1 ( 2 ( 3 (ii) [Reserved] (2) Mitigation areas for marine mammals off Guam of the MITT Study Area for sonar and explosives Mitigation area requirements Agat Bay Nearshore Geographic Mitigation Area. 1 ( 2 ( 3 e.g., (B) [Reserved] § 218.95 Requirements for monitoring and reporting. (a) Unauthorized take. (b) Monitoring and reporting under the LOA. www.navymarinespeciesmonitoring.us. (c) Notification of injured, live stranded, or dead marine mammals. 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. (e) Annual MITT Study Area Training and Testing Exercise Report. (1) MTEs. (i) Exercise information for each MTE. (A) Exercise designator. (B) Date that exercise began and ended. (C) Location. (D) Number 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, and other platforms participating in exercise. (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 in each exercise where mitigation was implemented. (A) Date/Time/Location of sighting. (B) Species (if not possible, indication of whale or dolphin). (C) Number of individuals. (D) Initial Detection Sensor ( e.g., (E) Indication of specific type of platform observation was made from (including, for example, what type of surface vessel or testing platform). (F) Length of time observers maintained visual contact with marine mammal. (G) Sea state. (H) Visibility. (I) Sound source in use at the time of sighting. (J) Indication of whether the animal was less than 200 yd, 200 to 500 yd, 500 to 1,000 yd, 1,000 to 2,000 yd, or greater than 2,000 yd from sonar source. (K) Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and how long the delay. (L) If source in use was hull-mounted, true bearing of animal from the vessel, true direction of vessel's travel, and estimation of animal's motion relative to vessel (opening, closing, parallel). (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 must identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation. (2) SINKEXs. (i) Exercise information gathered for each SINKEX. (A) Location. (B) Date and time exercise began and ended. (C) Total hours of observation by Lookouts before, during, and after exercise. (D) 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, indicate whale or dolphin). (C) Number of individuals. (D) Initial detection sensor ( e.g., (E) Length of time observers maintained visual contact with marine mammal. (F) Sea state. (G) Visibility. (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 greater than 2,000 yd. (J) 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.), including speed and direction and if any calves were present. (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) Total annual hours or quantity (per the LOA) of each bin of sonar or other transducers; and (ii) Total annual expended/detonated ordnance (missiles, bombs, sonobuoys, etc.) for each explosive bin. (4) Marpi Reef and Chalan Kanoa Reef Geographic Mitigation Areas. (5) Geographic information presentation. (6) Sonar exercise notification. (i) Location of the exercise; (ii) Beginning and end dates of the exercise; and (iii) Type of exercise. (f) Final Close-Out Report. § 218.96 Letters of Authorization. (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy must apply for and obtain an LOA in accordance with § 216.106 of this section. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed July 30, 2027. (c) If an LOA expires prior to July 30, 2027, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.97(c)(1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in § 218.97. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., (4) Requirements for monitoring and reporting. (f) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register § 218.97 Renewals and modifications of Letters of Authorization. (a) An LOA issued under §§ 216.106 of this section and 218.96 for the activity identified in § 218.90(c) may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA(s) were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), NMFS may publish a notice of planned LOA in the Federal Register, (c) An LOA issued under §§ 216.106 of this section and 218.96 may be modified by NMFS under the following circumstances: (1) Adaptive management. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's annual monitoring report and annual exercise report from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; (C) Results from specific stranding investigations; or (D) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations in this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of planned LOA in the Federal Register (2) Emergencies. Federal Register Subparts K-N [Reserved] Subpart O—Taking and Importing Marine Mammals; U.S. Navy's Northwest Training and Testing (NWTT) Source: 85 FR 72459, Nov. 12, 2020, unless otherwise noted. Effective Date Note: At 85 FR 72459, Nov. 12, 2020, subpart O to part 218 was revised, effective Nov. 9, 2020, to Nov. 8, 2027 § 218.140 Specified activity and geographical region. (a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The taking of marine mammals by the Navy under this subpart may be authorized in Letters of Authorization (LOAs) only if it occurs within the NWTT Study Area. The NWTT Study Area is composed of established maritime operating and warning areas in the eastern North Pacific Ocean region, including areas of the Strait of Juan de Fuca, Puget Sound, and Western Behm Canal in southeastern Alaska. The Study Area includes air and water space within and outside Washington state waters, and outside state waters of Oregon and Northern California. The eastern boundary of the Offshore Area portion of the Study Area is 12 nautical miles (nmi) off the coastline for most of the Study Area starting south of W-237, including southern Washington, Oregon, and Northern California. The Offshore Area includes the ocean all the way to the coastline only along that part of the Washington coast that lies beneath the airspace of W-237 and the Olympic Military Operations Area. The Quinault Range Site is a defined area of sea space where training and testing is conducted. The Quinault Range Site coincides with the boundaries of W-237A and also includes a surf zone component. The surf zone component extends north to south 5 nmi along the eastern boundary of W-237A, extends approximately 3 nmi to shore along the mean lower low water line, and encompasses 1 mile (1.6 kilometers) of shoreline at Pacific Beach, Washington. The Study Area includes four existing range complexes and facilities: the Northwest Training Range Complex (NWTRC), the Keyport Range Complex, the Carr Inlet Operations Area, and the Southeast Alaska Acoustic Measurement Facility (SEAFAC). In addition to these range complexes, the Study Area also includes Navy pierside locations where sonar maintenance and testing occurs as part of overhaul, modernization, maintenance, and repair activities at Naval Base Kitsap, Bremerton; Naval Base Kitsap, Bangor; and Naval Station Everett. (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training and testing activities, including: (1) Anti-submarine warfare; (2) Mine warfare; (3) Surface warfare; (4) Unmanned systems; (5) Vessel evaluation; and (6) Other training and testing activities. § 218.141 Effective dates. Regulations in this subpart are effective from November 9, 2020, through November 8, 2027. § 218.142 Permissible methods of taking. (a) Under LOAs issued pursuant to §§ 216.106 of this chapter and 218.146, the Holder of the LOAs (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.140(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs. (b) The incidental take of marine mammals by the activities listed in § 218.140(c) is limited to the following species: Table 1 to Paragraph ( b Species Stock Blue whale Eastern North Pacific. Fin whale Northeast Pacific. Fin whale California/Oregon/Washington. Sei whale Eastern North Pacific. Minke whale Alaska. Minke whale California/Oregon/Washington. Humpback whale Central North Pacific. Humpback whale California/Oregon/Washington. Gray whale Eastern North Pacific. Bottlenose dolphin California/Oregon/Washington Offshore. Killer whale Alaska Resident. Killer whale Eastern North Pacific Offshore. Killer whale West Coast Transient. Killer whale Southern Resident. Northern right whale dolphin California/Oregon/Washington. Pacific white-sided dolphin North Pacific. Pacific white-sided dolphin California/Oregon/Washington. Risso's dolphin California/Oregon/Washington. Short-beaked common dolphin California/Oregon/Washington. Short-finned pilot whale California/Oregon/Washington. Striped dolphin California/Oregon/Washington. Pygmy sperm whale California/Oregon/Washington. Dwarf sperm whale California/Oregon/Washington. Dall's porpoise Alaska. Dall's porpoise California/Oregon/Washington. Harbor porpoise Southeast Alaska. Harbor porpoise Northern Oregon & Washington Coast. Harbor porpoise Northern California/Southern Oregon. Harbor porpoise Washington Inland Waters. Sperm whale California/Oregon/Washington. Baird's beaked whale California/Oregon/Washington. Cuvier's beaked whale California/Oregon/Washington. Mesoplodon California/Oregon/Washington. California sea lion U.S. Stock. Steller sea lion Eastern U.S. Guadalupe fur seal Mexico. Northern fur seal Eastern Pacific. Northern fur seal California. Harbor seal Southeast Alaska—Clarence Strait. Harbor seal Oregon & Washington Coastal. Harbor seal Washington Northern Inland Waters. Harbor seal Hood Canal. Harbor seal Southern Puget Sound. Northern elephant seal California. § 218.143 Prohibitions. (a) Notwithstanding incidental takings contemplated in § 218.142(a) and authorized by LOAs issued under §§ 216.106 of this chapter and 218.146, no person in connection with the activities listed in § 218.140(c) may: (1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 218.146; (2) Take any marine mammal not specified in § 218.142(b); (3) Take any marine mammal specified in § 218.142(b) in any manner other than as specified in the LOAs; or (4) Take a marine mammal specified in § 218.142(b) if NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal. (b) [Reserved] § 218.144 Mitigation requirements. (a) When conducting the activities identified in § 218.140(c), the mitigation measures contained in any LOAs issued under §§ 216.106 of this chapter and 218.146 must be implemented. These mitigation measures include, but are not limited to: (1) Procedural mitigation. i.e., i.e., i.e., (i) Environmental awareness and education. (ii) Active sonar. e.g., e.g., e.g., (A) Number of Lookouts and observation platform for hull-mounted sources. (B) Number of Lookouts and observation platform for sources not hull-mounted. (C) Prior to activity. e.g., (D) During activity for low-frequency active sonar at 200 decibels (dB) and hull-mounted mid-frequency active sonar. ( 1 Powerdowns for marine mammals. ( 2 Shutdowns for marine mammals. (E) During activity for low-frequency active sonar below 200 dB, mid-frequency active sonar not hull-mounted, and high-frequency sonar. (F) Co mmencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. ( 4 Sonar source transit. ( 5 Bow-riding dolphins. (iii) Weapons firing noise. (A) Number of Lookouts and observation platform. (B) Mitigation zone. (C) Prior to activity. (D) During activity. (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. ( 4 Firing ship transit. (iv) Explosive sonobuoys. (A) Number of Lookouts and observation platform. e.g., (B) Mitigation zone. (C) Prior to activity. e.g., (D) During activity. (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. (F) After activity. e.g., e.g., e.g., (v) Explosive torpedoes. (A) Number of Lookouts and observation platform. e.g., (B) Mitigation zone. (C) Prior to activity. e.g., (D) During activity. (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. (F) After activity. e.g., e.g., e.g., (vi) Explosive medium-caliber and large-caliber projectiles. (A) Number of Lookouts and observation platform. e.g., (B) Mitigation zones. (C) Prior to activity. e.g., (D) During activity. (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear of additional sightings. ( 4 Impact location transit. (F) After activity. e.g., e.g., e.g., (vii) Explosive missiles. (A) Number of Lookouts and observation platform. e.g., (B) Mitigation zone. (C) Prior to activity. (D) During activity. (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear of additional sightings. (F) After activity. (viii) Explosive bombs. (A) Number of Lookouts and observation platform. e.g., (B) Mitigation zone. (C) Prior to activity. e.g., (D) During activity. e.g., (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. ( 4 Intended target transit. (F) After activity. e.g., e.g., e.g., (ix) Explosive Mine Countermeasure and Neutralization activities. (A) Number of Lookouts and observation platform. e.g., (B) Mitigation zones. (C) Prior to activity. e.g., (D) During activity. (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. (F) After activity. e.g., (x) Explosive mine neutralization activities involving Navy divers. (A) Number of Lookouts and observation platform. ( 1 Lookouts on small boats. ( 2 Divers. ( 3 Additional platforms. e.g., (B) Mitigation zone. (C) Prior to activity. (D) During activity. i.e., (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. (F) After activity. e.g., (xi) Vessel movement. e.g., e.g., (A) Number of Lookouts and observation platform. (B) Mitigation zones. ( 1 Whales. ( 2 Marine mammals other than whales: Surface vessels. ( 3 Marine mammals other than whales: Small boats. (C) During activity. (D) Incident reporting procedures. (xii) Towed in-water devices. (A) Number of Lookouts and observation platform. (B) Mitigation zones. ( 1 Mitigation zone: In-water devices towed by aircraft or surface ships. ( 2 Mitigation zone: In-water devices towed by small boats. (C) During activity. i.e., (xiii) Small-, medium-, and large-caliber non-explosive practice munitions. (A) Number of Lookouts and observation platform. (B) Mitigation zone. (C) Prior to activity. e.g., (D) During activity. (E) Commencement/recommencement conditions after marine mammal sighting before or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear of additional sightings. ( 4 Impact location transit. (xiv) Non-explosive missiles. (A) Number of Lookouts and observation platform. (B) Mitigation zone. (C) Prior to activity. e.g., (D) During activity. (E) Commencement/recommencement conditions after marine mammal sighting prior to or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. (xv) Non-explosive bombs and mine shapes. (A) Number of Lookouts and observation platform. (B) Mitigation zone. (C) Prior to activity. e.g., (D) During activity. e.g., (E) Commencement/recommencement conditions after marine mammal sighting prior to or during activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. ( 4 Intended target transit. (2) Mitigation areas. (i) Marine Species Coastal Mitigation Area (year round unless specified as seasonal). (A) Within 50 nmi from shore in the Marine Species Coastal Mitigation Area. ( 1 Prohibited activities. ( 2 Seasonal awareness notification messages. (B) Within 20 nmi from shore in the Marine Species Coastal Mitigation Area. ( 1 Surface ship hull-mounted MF1 mid-frequency active sonar. ( 2 Mine Countermeasure and Neutralization Testing from July 1 to September 30. ( 3 Mine Countermeasure and Neutralization Testing from October 1 to June 30. ( 4 Large-caliber gunnery training activities and non-explosive bombing training. (C) Within 12 nmi from shore in the Marine Species Coastal Mitigation Area. ( 1 Anti-submarine warfare tracking exercise—helicopter,—maritime patrol aircraft,—ship, or—submarine training and anti-submarine warfare torpedo exercise—submarine training. ( 2 Unmanned Underwater Vehicle Training. ( 3 Explosive use during Mine Countermeasure and Neutralization testing. ( 4 Non-explosive small- and medium-caliber gunnery training. (D) National security exception. 1 (ii) Olympic Coast National Marine Sanctuary Mitigation Area (year-round). (A) Surface ship hull-mounted MF1 mid-frequency active sonar during training. (B) Non-explosive bombing training. (C) Surface ship hull-mounted MF1 mid-frequency active sonar during testing. (D) Explosive Mine Countermeasure and Neutralization testing. (E) National security exception. (iii) Juan de Fuca Eddy Marine Species Mitigation Area (year-round). (A) Surface ship hull-mounted MF1 mid-frequency active sonar during testing. (B) Explosive Mine Countermeasure and Neutralization testing. (C) National security exception. (iv) Stonewall and Heceta Bank Humpback Whale Mitigation Area (May 1-November 30). (A) Surface ship hull-mounted MF1 mid-frequency active sonar. (B) Explosive Mine Countermeasure and Neutralization testing. (C) National security exception. (v) Point St. George Humpback Whale Mitigation Area (July 1-November 30). (A) Surface ship hull-mounted MF1 mid-frequency active sonar. (B) Explosive Mine Countermeasure and Neutralization testing. (C) National security exception. (vi) Northern Puget Sound Gray Whale Mitigation Area (March 1-May 31). (A) Civilian port defense—homeland security anti-terrorism/force protection exercises. (B) National security exception. (vii) Puget Sound and Strait of Juan de Fuca Mitigation Area (year-round unless specified as seasonal). (A) Active sonar use. i.e., ( 1 Unmanned underwater vehicle training. ( 2 Civilian port defense—homeland security anti-terrorism/force protection exercises. ( 3 Activities conducted by Naval Sea Systems Command at designated locations. ( 4 Pierside sonar maintenance or testing at designated locations. (B) Active sonar source levels. (C) Unmanned underwater vehicle training. i.e., (D) Use of explosives 1 Explosives during testing. ( 2 Explosives during training. ( 3 Explosives in bin E4 or above. ( 4 Explosives in bin E3 during February, March, and April at the Hood Canal EOD Range. ( 5 Explosives in bin E3 during August, September, and October at the Hood Canal EOD Range. ( 6 Explosives at the Crescent Harbor EOD Range. (E) Non-explosive live fire events. (F) Coordination with Navy biologists. 1 2 3 4 e.g., ( 1 Unmanned underwater vehicle training. ( 2 Civilian port defense—homeland security anti-terrorism/force protection exercises. ( 3 Explosive mine neutralization activities involving the use of Navy divers. ( 4 Small boat attack exercises. (G) Seasonal awareness notification messages. (H) National security exception. (3) Availability for Subsistence Use. (b) [Reserved] § 218.145 Requirements for monitoring and reporting. (a) Notification of take. (b) Monitoring and reporting under the LOAs. www.navymarinespeciesmonitoring.us. (c) Notification of injured, live stranded, or dead marine mammals. https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. (d) Annual NWTT Study Area marine species monitoring report. (e) NWTT Annual Training Exercise Report and Annual Testing Activity Report. etc. (1) Summary of sources used. (i) Sonar and other transducers. (ii) Explosives. (2) [Reserved] (f) Annual classified reports. (1) Olympic Coast National Marine Sanctuary Mitigation Area. (2) Surface ship hull-mounted MF1 mid-frequency active sonar. (i) Testing annually in three combined areas. (ii) Stonewall and Heceta Bank Humpback Whale Mitigation Area. (iii) Point St. George Humpback Whale Mitigation Area. (g) Final close-out report. § 218.146 Letters of Authorization. (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy must apply for and obtain LOAs in accordance with § 216.106 of this chapter. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) If an LOA expires prior to the expiration date of this subpart, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.147(c)(1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in § 218.147. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., (4) Requirements for monitoring and reporting. (f) Issuance of the LOA(s) must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations in this subpart. (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register § 218.147 Renewals and modifications of Letters of Authorization. (a) An LOA issued under §§ 216.106 of this chapter and 218.146 for the activity identified in § 218.140(c) may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for the regulations in this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOAs were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or stock or years), NMFS may publish a notice of planned LOA in the Federal Register , (c) An LOA issued under §§ 216.106 of this chapter and 218.146 may be modified by NMFS under the following circumstances: (1) After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring, as part of an adaptive management process. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's monitoring report and annual exercise reports from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by this subpart or subsequent LOAs. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of planned LOA in the Federal Register (2) If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.146, an LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register § 218.148 [Reserved] Subpart P—Taking and Importing Marine Mammals; U.S. Navy Training Activities in the Gulf of Alaska Study Area Source: 88 FR 690, Jan. 4, 2023, unless otherwise noted. Effective Date Note: At 88 FR 690, Jan. 4, 2023, subpart P was added to part 218, effective from Feb. 3, 2023, through Feb. 2, 2030. § 218.150 Specified activity and geographical region. (a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. (b) The Gulf of Alaska (GOA) Study Area is entirely at sea and is comprised of three areas: a TMAA, a warning area, and the WMA located south and west of the TMAA. The TMAA and WMA are temporary areas established within the GOA for ships, submarines, and aircraft to conduct training activities. The TMAA is a polygon roughly resembling a rectangle oriented from northwest to southeast, approximately 300 nautical miles (nmi; 556 km) in length by 150 nmi (278 km) in width, located south of Montague Island and east of Kodiak Island. The warning area overlaps and extends slightly beyond the northern corner of the TMAA. The WMA provides an additional 185,806 nmi 2 (c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training activities, including: (1) Anti-Submarine Warfare; and (2) Surface Warfare. § 218.151 Effective dates and definitions. (a) Regulations in this subpart are effective February 3, 2023 through February 2, 2030. (b) In additions to the definitions contained in section 2 of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1362, and § 218.103, the following definitions apply to this subpart: (1) GOA Study Area (2) TMAA (3) WMA (4) LOA (5) MTE (6) Navy (7) Navy personnel (8) Navy contractor (9) Lookout (10) Training activities § 218.152 Permissible methods of taking. (a) Under an LOA issued pursuant to §§ 216.106 of this chapter and 218.156, the Navy may incidentally, but not intentionally, take marine mammals within the TMAA only, by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.150(c) is limited to the following species: Table 1 to § 218.152( b Species Stock Blue whale Central North Pacific. Blue whale Eastern North Pacific. Fin whale Northeast Pacific. Humpback whale Western North Pacific. Humpback whale Central North Pacific. Humpback whale California/Oregon/Washington. Minke whale Alaska. North Pacific right whale Eastern North Pacific. Sei whale Eastern North Pacific. Gray whale Eastern North Pacific. Killer whale Eastern North Pacific Offshore. Killer whale Eastern North Pacific Gulf of Alaska, Aleutian Islands, and Bering Sea Transient. Pacific white-sided dolphin North Pacific. Dall's porpoise Alaska. Sperm whale North Pacific. Baird's beaked whale Alaska. Cuvier's beaked whale Alaska. Stejneger's beaked whale Alaska. Northern fur seal Eastern Pacific. Northern fur seal California. Northern elephant seal California. § 218.153 Prohibitions. (a) Except for incidental takings contemplated in § 218.152(a) and authorized by an LOA issued under §§ 216.106 of this chapter and 218.156, it shall be unlawful for any person to do any of the following in connection with the activities listed in § 218.150(c): (1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 218.156; (2) Take any marine mammal not specified in § 218.152(b); (3) Take any marine mammal specified in § 218.152(b) in any manner other than as specified in the LOA; or (4) Take a marine mammal specified in § 218.152(b) if the National Marine Fisheries Service (NMFS) determines such taking results in more than a negligible impact on the species or stocks of such marine mammal. (b) [Reserved] § 218.154 Mitigation requirements. (a) When conducting the activities identified in § 218.150(c), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 218.156 must be implemented. If Navy contractors are serving in a role similar to Navy personnel, Navy contractors will follow the mitigation applicable to Navy personnel. These mitigation measures include, but are not limited to: (1) Procedural mitigation. i.e., i.e., i.e., (i) Environmental awareness and education. (ii) Active sonar. e.g., e.g., e.g., (A) Number of Lookouts and observation platform for hull-mounted sources. (B) Number of Lookouts and observation platform for sources not hull-mounted. (C) Prior to activity. e.g., (D) During the activity for hull-mounted mid-frequency active sonar. ( 1 Powerdowns for marine mammals. ( 2 Shutdowns for marine mammals. (E) During the activity, for mid-frequency active sonar sources that are not hull-mounted, and high-frequency active sonar. (F) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. ( 4 Sonar source transit. ( 5 Bow-riding dolphins. (iii) Weapons firing noise. (A) Number of Lookouts and observation platform. (B) Mitigation zone. (C) Prior to activity. (D) During activity. (E) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. ( 4 Firing ship transit. (iv) Explosive large-caliber projectiles. (A) Number of Lookouts and observation platform. e.g., (B) Mitigation zones. (C) Prior to activity. e.g., (D) During activity. (E) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear of additional sightings. ( 4 Impact location transit. (F) After activity. e.g., e.g., e.g., (v) Explosive bombs Number of Lookouts and observation platform. e.g., (B) Mitigation zone. (C) Prior to activity. e.g., (D) During activity. e.g., (E) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. ( 4 Intended target transit. (F) After activity. e.g., e.g., e.g., (vi) Vessel movement. e.g., e.g., (A) Number of Lookouts and observation platform. e.g., (B) Mitigation zone 1 Whales. ( 2 Marine mammals other than whales. (C) When underway. (D) Incident reporting procedures. (vii) Towed in-water devices. (A) Number of Lookouts and observation platform. (B) Mitigation zone. (C) During activity. i.e., (viii) Small-, medium-, and large-caliber non-explosive practice munitions. (A) Number of Lookouts and observation platform. (B) Mitigation zone. (C) Prior to activity. e.g., (D) During activity. (E) Commencement/recommencement conditions after a marine mammal sighting before or during the activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear of additional sightings. ( 4 Impact location transit. (ix) Non-explosive bombs Number of Lookouts and observation platform. (B) Mitigation zone. (C) Prior to activity. e.g., (D) During activity. e.g., (E) Commencement/recommencement conditions after a marine mammal sighting prior to or during the activity. ( 1 Observed exiting. ( 2 Thought to have exited. ( 3 Clear from additional sightings. ( 4 Intended target transit. (2) Mitigation areas. (i) North Pacific Right Whale Mitigation Area. (A) Surface ship hull-mounted MF1 mid-frequency active sonar. (B) National security exception. (ii) Continental Shelf and Slope Mitigation Area. (A) Explosives. (B) National security exception. (iii) Pre-event awareness notifications in the Temporary Maritime Activities Area. Figure 1 to Paragraph (a)(2)—Geographic Mitigation Areas for Marine Mammals in the GOA Study Area (b) [Reserved] § 218.155 Requirements for monitoring and reporting. (a) Unauthorized take. (b) Monitoring and reporting under the LOA. www.navymarinespeciesmonitoring.us (c) Notification of injured, live stranded, or dead marine mammals. https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities (d) Annual GOA Marine Species Monitoring Report. (e) GOA Annual Training Report. https://www.goaeis.com/ (1) MFAS/HFAS. (i) Exercise information (for each MTE). (B) Date that exercise began and ended. (C) Location. (D) Number and types of active sources used in the exercise. (E) Number and types of passive acoustic sources used in exercise. (F) Number and types of vessels, aircraft, etc., participating in exercise. (G) Total hours of observation by Lookouts. (H) Total hours of all active sonar source operation. (I) Total hours of each active sonar source bin. (J) Wave height (high, low, and average during exercise). (ii) Individual marine mammal sighting information for each sighting in each exercise where mitigation was implemented. (B) Species (if not possible, indication of whale/dolphin/pinniped). (C) Number of individuals. (D) Initial detection sensor ( e.g., (E) Indication of specific type of platform observation made from (including, for example, what type of surface vessel or testing platform). (F) Length of time observers maintained visual contact with marine mammal. (G) Sea state. (H) Visibility. (I) Sound source in use at the time of sighting. (J) Indication of whether animal was less than 200 yd (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 to 914.4 m), 1,000 to 2,000 yd (914.4 to 1,828.8 m), or greater than 2,000 yd (1,828.8 m) from sonar source. (K) Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and how long the delay was. (L) If source in use is hull-mounted, true bearing of animal from ship, true direction of ship's travel, and estimation of animal's motion relative to ship (opening, closing, parallel). (M) Lookouts shall report, in plain language and without trying to categorize in any way, the observed behavior of the animals (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. (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 identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation. (2) Summary of sources used. (A) Total hours. (B) Number of explosives. (f) Pre-event notification. § 218.156 Letters of Authorization. (a) To incidentally take marine mammals pursuant to this subpart, the Navy must apply for and obtain an LOA in accordance with § 216.106 of this chapter. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) If an LOA expires prior to the expiration date of this subpart, the Navy may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of § 218.157(c)(1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in § 218.157. (e) Each LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., (4) Requirements for monitoring and reporting. (f) Issuance of the LOA will be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under this subpart. (g) Notice of issuance or denial of the LOA will be published in the Federal Register § 218.157 Renewals and modifications of Letters of Authorization. (a) An LOA issued under §§ 216.106 of this chapter and 218.156 for the activity identified in § 218.150(c) may be renewed or modified upon request by the applicant, provided that: (1) The planned specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for this subpart (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA were implemented. (b) For LOA modification or renewal requests by the applicant that include changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for this subpart or result in no more than a minor change in the total estimated number of takes (or distribution by species or stock or years), NMFS may publish a notice of the proposed changes to the LOA in the Federal Register, (c) An LOA issued under §§ 216.106 of this chapter and 218.156 may be modified by NMFS under the following circumstances: (1) After consulting with the Navy regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include: (A) Results from the Navy's monitoring from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; or (C) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by this subpart or a subsequent LOA. (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are more than minor, NMFS will publish a notice of the proposed changes to the LOA in the Federal Register (2) If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to §§ 216.106 of this chapter and 218.156, an LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register § 218.158 [Reserved] Subparts Q-W [Reserved] Subpart X—Taking and Importing Marine Mammals; U.S. Navy Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Training and Testing in the Central and Western North Pacific and Eastern Indian Oceans Source: 91 FR 47702, July 28, 2026, unless otherwise noted. Effective Date Note: At 91 FR 47702, July 28, 2026, subpart X was revised, effective Aug. 12, 2026, through Aug. 11, 2033. § 218.230 Specified activity and geographical region. (a) Regulations in this subpart apply only to the U.S. Navy (Navy) for the taking of marine mammals that occurs in the area described in paragraph (b) of this section and that occurs incidental to the activities listed in paragraph (c) of this section. Requirements imposed on the Navy must be implemented by those persons they authorize or fund to conduct activities on their behalf. (b) The taking of marine mammals by the Navy under this subpart may be authorized in a letter of authorization (LOA) only if it occurs within the Pacific Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar Study Area. The Pacific SURTASS LFA Sonar Study Area is delineated in Figure 1 to this paragraph (b) and includes the western and central North Pacific Ocean and eastern Indian Ocean, not including the western Indian Ocean or Sea of Okhotsk. (c) The taking of marine mammals by the Navy is authorized only if it occurs incidental to the Navy conducting military readiness activities, including those in the following categories: (1) Training; (2) Maintenance and upgrades; and (3) Exercises. § 218.231 Effective dates. Regulations in this subpart are effective from August 12, 2026, through August 11, 2033. § 218.232 Permissible methods of taking. (a) Under LOAs issued pursuant to § 216.106 of this chapter and this subpart, the Navy may incidentally, but not intentionally, take marine mammals within the area described in § 218.230(b) by Level A harassment and Level B harassment associated with the use of SURTASS LFA sonar during activities listed in § 218.230(c), provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOA. (b) The incidental take of marine mammals by the activities listed in § 218.230(c) is limited to the following species: Table 1 to Paragraph ( b Species Stock North Pacific right whale No stock designation (NSD). Blue whale NSD. Blue whale Central North Pacific. Bryde's whale NSD. Bryde's whale Hawaii. Fin whale NSD. Fin whale Hawaii. Humpback whale NSD. Humpback whale Hawaii. Humpback whale Western North Pacific. Antarctic minke whale NSD. Minke whale NSD. Minke whale Hawaii. Omura's whale NSD. Sei whale NSD. Sei whale Hawaii. Sperm whale NSD. Sperm whale North Pacific. Sperm whale Hawaii. Dwarf sperm whale NSD. Dwarf sperm whale Hawaii. Pygmy sperm whale NSD. Pygmy sperm whale Hawaii. Baird's beaked whale NSD. Blainville's beaked whale NSD. Blainville's beaked whale Hawaii. Deraniyagala's beaked whale NSD. Ginkgo-toothed beaked whale NSD. Goose-beaked whale NSD. Goose-beaked whale Hawaii. Hubbs' beaked whale NSD. Longman's beaked whale NSD. Longman's beaked whale Hawaii. Stejneger's beaked whale NSD. False killer whale NSD. False killer whale Main Hawaiian Islands Insular. False killer whale Hawaii Pelagic. Killer whale NSD. Killer whale Hawaii. Melon-headed whale NSD. Melon-headed whale Hawaiian Islands. Pygmy killer whale NSD. Pygmy killer whale Hawaii. Short-finned pilot whale NSD. Short-finned pilot whale Hawaii. Bottlenose dolphin NSD. Bottlenose dolphin Hawaii Pelagic. Common dolphin NSD. Fraser's dolphin NSD. Fraser's dolphin Hawaii. Northern right whale dolphin NSD. Pacific white-sided dolphin North Pacific. Pantropical spotted dolphin NSD. Pantropical spotted dolphin Hawaii Pelagic. Risso's dolphin NSD. Risso's dolphin Hawaii. Rough-toothed dolphin NSD. Rough-toothed dolphin Hawaii. Spinner dolphin NSD. Spinner dolphin Hawaii Pelagic. Striped dolphin NSD. Striped dolphin Hawaii Pelagic. Dall's porpoise NSD. Northern fur seal NSD. Steller sea lion Western. Harbor seal California. Ribbon seal NSD. Hawaiian monk seal Hawaii. Ringed seal NSD. Spotted seal Bering. § 218.233 Prohibitions. Except incidental take described in § 218.232 and authorized by an LOA issued under § 216.106 of this chapter and this subpart, it shall be unlawful for any person to do the following in connection with the activities described in this subpart: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under § 216.106 of this chapter and this subpart; (b) Take any marine mammal not specified in § 218.232(b); (c) Take any marine mammal specified in § 218.232(b) in any manner other than as specified in the LOA; (d) Take a marine mammal specified in § 218.232(b) after NMFS determines such taking results in more than a negligible impact on the species or stock of such marine mammal; or (e) Take a marine mammal specified in § 218.232(b) after NMFS determines such taking is having, or may have, an unmitigable adverse impact on the availability of the species or stock for taking for subsistence uses. § 218.234 Mitigation requirements. When conducting the activities identified in § 218.230(c), the mitigation measures contained in this section and any LOA issued under § 216.106 of this chapter and this subpart must be implemented by Navy personnel or contractors who are trained according to the requirements in the LOA. If Navy contractors are serving on behalf of Navy personnel, Navy contractors must follow the mitigation applicable to Navy personnel. These mitigation measures include, but are not limited to: (a) General operating procedures. (b) Manned surface vessel mitigation. (1) Immediately prior to getting underway and while underway, Lookouts will observe for marine mammals; (2) While underway, Navy personnel must maneuver the manned surface vessels (which may include reducing speed) to maintain a distance of at least 457.2 meters (m) (500 yards (yd)) around observed whales and 182.9 m (200 yd) around all other marine mammals (except bow- or wake-riding dolphins), providing it is safe to do so. No further action is necessary if a dolphin continues to approach the vessel after the vessel has made one course and/or speed change. (3) Pedestal-mounted `Big Eye' (20 x 110 millimeter (mm)) binoculars (if installed) shall be used to assist in the detection of marine mammals in the vicinity of the vessel. If the presence of marine mammals is detected acoustically, Lookouts posted on the vessel shall increase the vigilance of their visual observation. (4) Manned surface vessel mitigation will not be implemented if one or more of the following conditions applies: (i) Dolphins are determined to be intentionally swimming at the bow, alongside the vessel or vehicle, or directly behind the vessel or vehicle ( e.g., (ii) The vessel's safety is threatened; or (iii) Doing so is impractical based on mission requirements ( e.g., (c) SURTASS LFA sonar mitigation zone; suspension and delay. i.e., (d) Recommencement of SURTASS LFA sonar transmissions. (1) Navy personnel must not commence or recommence SURTASS LFA sonar transmissions earlier than 15 minutes after: (i) All marine mammals have left the area of the 2,000-yd (1.8 km) LFA sonar mitigation zone; and (ii) There is no further detection of any marine mammal within the 2,000-yd (1.8 km) LFA sonar mitigation zone as determined by the visual, passive acoustic, and active acoustic high frequency monitoring described in § 218.235. (2) [Reserved] (e) Ramp-up of the high-frequency/marine mammal monitoring (HF/M3) active sonar. (1) Prior to full-power use, Navy personnel must ramp up the HF/M3 active sonar power level beginning at a maximum source sound pressure level of 180 decibels referenced to 1 microPascal (dB re 1 µPa) root-mean-square (RMS) sound pressure level (SPL) in 10-dB increments to full operating levels over a period of no less than 5 minutes. Navy personnel must implement this ramp-up procedure: (i) At least 30 minutes prior to any SURTASS LFA sonar transmissions; and (ii) Any time after the HF/M3 source has been powered down for more than 2 minutes. (2) Navy personnel must not increase the HF/M3 SPL once a marine mammal is detected; and (3) Ramp-up may recommence once marine mammals are no longer detected by all of the monitoring methods. (f) Geographic mitigation. (1) The activities specified in § 218.230(c) must be conducted such that: (i) The received level of SURTASS LFA sonar transmissions will not exceed 180 dB re 1 µPa RMS SPL within 22 km (12 nautical miles (nmi)) from any emergent land, including offshore islands; (ii) The received level of SURTASS LFA sonar transmissions will not exceed 180 dB re 1 µPa RMS SPL at a distance of 1 km (0.5 nmi) seaward of the outer perimeter of any Offshore Biologically Important Area (OBIA) in the SURTASS LFA Study Area during the effective period specified. OBIAs and the related effective periods are listed in paragraph (f)(2) of this section or may be subsequently identified through the adaptive management process specified in § 218.237(c)(1). The boundaries and effective periods of the OBIAs will be kept on file in NMFS' Office of Protected Resources (OPR) and on its website. (iii) No more than 25 percent of the sound source amount analyzed (no more than 275 hours in a given year) of SURTASS LFA sonar for training and testing will be conducted within 18.5 km (10 nmi) of any single OBIA during any year; and (iv) SURTASS LFA sonar activities will not occur within territorial seas of foreign nations, which are areas from 0-22 km (0-12 nmi) from shore. (2) Figure 1 to this paragraph (f)(1) shows the location of the OBIAs. Table 1 to paragraph (f)(1) shows the specified timeframes when the requirements from paragraph (f)(1) apply. Table 1 to Paragraph ( f OBIA No. Name Location/water body Relevant marine mammal species Effective 26 Main Hawaiian Islands Central North Pacific Ocean Humpback whale November through April. 27 Northwestern Hawaiian Islands Central North Pacific Ocean Humpback whale December through April. 28 Mariana Islands Western North Pacific Ocean Humpback whale December through May. 29 Ryukyu-Philippines Western North Pacific Ocean Humpback whale January through April. 30 Ogasawara—Sperm whale Western North Pacific Ocean Sperm whale June through September. 31 Ogasawara-Kazin—Humpback whale Western North Pacific Ocean Humpback whale December through May. 32 Honshu Western North Pacific Ocean Gray whale January through May. 33 Southeast Kamchatka Western North Pacific Ocean Fin, gray (Western North Pacific stock), humpback, and North Pacific right whale Year-round. 34 Gulf of Thailand Eastern Indian Ocean Bryde's whale April through November. 35 Western Australia—Blue whale Eastern Indian Ocean Blue (pygmy) whale May through November. 36 Western Australia—Humpback whale Eastern Indian Ocean Humpback whale May through December. 37 Southern Bali Eastern Indian Ocean Blue (pygmy), Bryde's, humpback, Omura's, sei, and sperm whale August through November. 38 Swatch-of-No-Ground (SoNG) Northern Bay of Bengal Bryde's whale Year-round. 39 Sri Lanka Eastern Indian Ocean Blue (pygmy) and sperm whale October through April. 40 Maldives Archipelago Central Indian Ocean Blue (pygmy), Bryde's, humpback, and sperm whale October through May. 41 Northeast Arabian Sea Arabian Sea Blue, Bryde's, and humpback (Arabian Sea stock) whale Year-round. 42 South of Java Island East Indian Ocean Blue (pygmy) whale May through November. 43 South of Lombok Sumbawa Islands East Indian Ocean Blue (pygmy) whale May through November. 44 Southeast Kamchatka Offshore Western North Pacific Ocean North Pacific right whale April through October. (3) Should national security require the Navy to exceed a requirement in paragraph (f)(1)(iii) of this section, personnel conducting the activity are required to obtain approval through the chain of command prior to commencement of the activity. The Navy must provide NMFS with notification as soon as is practicable and include the information ( e.g., (g) Cetacean live stranding. (1) Shutdown no longer needed. (2) Shutdown procedures remain in effect. (3) Further observations. e.g., § 218.235 Requirements for monitoring and reporting. The Navy must implement the following monitoring and reporting requirements when conducting the specified activities: (a) Notification of take. (b) Monitoring and reporting under the LOA. (c) Notification of injured, live stranded, or dead marine mammals. https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. (d) Mitigation monitoring. (1) Visual observations. (i) Lookouts must conduct visual monitoring from the vessel's bridge during all daylight hours (30 minutes before sunrise until 30 minutes after sunset); (ii) During training and testing activities that employ SURTASS LFA sonar in the active mode, Lookouts must conduct visual monitoring beginning 30 minutes before sunrise or 30 minutes before SURTASS LFA sonar begins to transmit and continue until 30 minutes after sunset or until 15 minutes after the SURTASS LFA sonar transmissions cease; (iii) Lookouts must log all detections of marine mammals during SURTASS LFA sonar transmissions during training and testing activities; (iv) Lookouts must record the number, identification, bearing, and range of observed marine mammals during training and testing activities, and must identify marine mammals to the lowest taxonomic level possible; and (v) Lookouts must continue visual observations until 15 minutes have passed since the last detection of the marine mammal. (2) Passive Acoustic Monitoring. (i) Passive acoustic monitoring must begin 30 minutes before the SURTASS LFA sonar begins to transmit and continue until 15 minutes after SURTASS LFA sonar transmissions cease; and (ii) If a detected sound is estimated to be from a vocalizing marine mammal, the sonar technician must notify the senior military member-in-charge, who must alert the HF/M3 sonar operator and Lookouts (during daylight). (3) Active Acoustic (HF/M3) Monitoring. (i) HF/M3 sonar monitoring must begin 30 minutes before the SURTASS LFA sonar begins to transmit and continue until 15 minutes after SURTASS LFA sonar transmissions cease; and (ii) If a marine mammal is detected during HF/M3 monitoring within the SURTASS LFA mitigation zone, the sonar operator must notify the senior military member-in-charge. (4) Cessation of Monitoring. (e) Designation of qualified individuals. (f) Marine Mammal Monitoring Program. (g) Annual Pacific SURTASS LFA Study Area marine species monitoring report. (h) Quick look reports. (i) Annual Pacific SURTASS LFA training and testing report. (1) Annual Reports. (i) Dates, times, and locations of each vessel during each training and testing activity; (ii) Information on sonar transmissions during each training and testing activity, including: (A) Total annual hours or quantity of each bin of sonar used in all training and testing events, (B) Cumulative sonar use quantity from previous years' reports through the current year, and (C) Records of any sonar delays or suspensions due to the presence of marine mammals. (iii) Marine mammal detection information during specified activities where mitigation was implemented: (A) Date, time, and location of sighting; (B) Species (if not possible, indication of whale/dolphin/pinniped); (C) Number of individuals; (D) Initial Detection Sensor ( e.g., (E) Indication of specific type of platform observation was made from (including, for example, what type of surface vessel or testing platform); (F) Length of time observers maintained visual contact with marine mammal; (G) Sea state; (H) Visibility; (I) Sound source in use at the time of sighting; (J) Indication of whether animal was less than 200 yd (182.9 m), 200 to 500 yd (182.9 to 457.2 m), 500 to 1,000 yd (457.2 to 914.4 m), 1,000 to 2,000 yd (914.4 m to 1.8 km), or greater than 2,000 yd (1.8 km) from sonar source; (K) Whether operation of sonar sensor was delayed, or sonar was powered or shut down, and the length of delay; (L) Bearing and range from the vessel; and (M) For visual observations, Lookouts must report the observed behavior of the animal(s) in plain language and without trying to categorize in any way (such as animal closing to bow ride, paralleling course/speed, floating on surface and not swimming, etc. (iv) Delays or suspensions of LFA sonar transmissions due to mitigation monitoring protocol. Information on marine mammal detections would include marine mammal type ( i.e., (v) An evaluation (based on data gathered during the reporting year) of the effectiveness of mitigation measures designed to minimize the received level to which marine mammals may be exposed. This evaluation must identify the specific observations that support any conclusions the Navy reaches about the effectiveness of the mitigation. (2) Final/close-out report. (j) National security requirement. § 218.236 Letter of Authorization. (a) To incidentally take marine mammals pursuant to this subpart, the Navy must apply for and obtain an LOA. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of this subpart. (c) The LOA will set forth: (1) Permissible methods of incidental taking; (2) Geographic areas for incidental taking; (3) Means of effecting the least practicable adverse impact ( i.e., (4) Requirements for monitoring and reporting. (d) Issuance of the LOA must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations of this subpart. (e) Notice of issuance, modification, or denial of the LOA will be published in the Federal Register (f) In the event of projected changes to mitigation, monitoring, or reporting measures required by an LOA, the Navy must apply for and obtain a modification of the LOA under § 218.237. § 218.237 Modifications of Letters of Authorization. (a) NMFS may modify the mitigation, monitoring, or reporting measures in a LOA issued under §§ 216.106 of this chapter and 218.236 of this subpart at the request of the Navy or NMFS' own initiative if: (1) The anticipated effects of the modified measure are the same as those described and analyzed for this subpart; (2) The modified measure has a reasonable likelihood of effectiveness; (3) NMFS determines the modified measure does not change the findings made for this subpart; and (4) Navy concurs with the modified measure and that, where applicable, it is practicable for the Navy in the context of personnel safety, practicality of implementation, and impacts on the effectiveness of the military readiness activity. (b) If modifications to the mitigation, monitoring, or reporting measures are substantial NMFS will publish a notice of the proposed LOA modification in the Federal Register §§ 218.238-218.239 [Reserved]

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