§ 217.215 Requirements for monitoring and reporting. ( a ) HRCP shall submit a Marine Mammal Monitoring Plan to NMFS for approval in advance of construction.
( b ) HRCP shall deploy observers as indicated in its approved Marine Mammal Monitoring Plan.
( c ) Observers shall be trained in marine mammal identification and behaviors. Observers shall have no other construction-related tasks while conducting monitoring.
( d ) HRCP shall monitor the Level B harassment zones and Level A harassment zones extending beyond the designated shutdown zones to the extent practicable.
( e ) HRCP shall monitor the shutdown zones during all pile driving and removal activities.
( f ) HRCP shall submit a draft annual monitoring report to NMFS within 90 work days of the completion of annual marine mammal monitoring. The report must detail the monitoring protocol and summarize the data recorded during monitoring. If no comments are received from NMFS within 30 days, the draft report will constitute the final report. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments. Specifically, the report must include: ( 1 ) Dates and times (begin and end) of all marine mammal monitoring;
( 2 ) Construction activities occurring during each daily observation period, including how many and what type of piles were driven or removed and by what method (*i.e.,* impact or vibratory);
( 3 ) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, estimated observable distance (if less than the harassment zone distance), and percentages of Level A and Level B harassment zones that are not visible;
( 4 ) The number of marine mammals observed, by species, relative to the pile location and if pile driving or removal was occurring at time of sighting;
( 5 ) Age and sex class, if possible, of all marine mammals observed;
( 6 ) PSO locations during marine mammal monitoring;
( 7 ) Distances and bearings of each marine mammal observed to the pile being driven or removed for each sighting (if pile driving or removal was occurring at time of sighting);
( 8 ) Description of any marine mammal behavior patterns during observation, including direction of travel and estimated time spent within the Level A and Level B harassment zones while the source was active;
( 9 ) Number of marine mammals detected within the harassment zones, by species;
( 10 ) Detailed information about any implementation of any mitigation triggered (*e.g.,* shutdowns and delays), a description of specific actions that ensued, and resulting behavior of the animal, if any; and
( 11 ) Description of attempts to distinguish between the number of individual animals taken and the number of incidences of take, such as ability to track groups or individuals;
( g ) In the event that personnel involved in the construction activities discover an injured or dead marine mammal, HRCP shall report the incident to the Office of Protected Resources (OPR) (301-427-8401), NMFS and to the Greater Atlantic Region New England/Mid-Atlantic Regional Stranding Coordinator as soon as feasible. If the death or injury was clearly caused by the specified activity, HRCP must immediately cease the specified activities until NMFS is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of the authorization. HRCP must not resume their activities until notified by NMFS. The report must include the following information: ( 1 ) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);
( 2 ) Species identification (if known) or description of the animal(s) involved;
( 3 ) Condition of the animal(s) (including carcass condition if the animal is dead);
( 4 ) Observed behaviors of the animal(s), if alive;
( 5 ) If available, photographs or video footage of the animal(s); and
( 6 ) General circumstances under which the animal was discovered.