50 C.F.R. § 218.65

Current through October 31, 2024

Section 218.65 - Requirements for monitoring and reporting

(a)PSO training. All personnel who conduct protected species monitoring must complete Eglin Air Force Base's (AFB) Marine Species Observer Training Course.

(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.

(1) Survey vessels must run predetermined line transects, or survey routes that will provide sufficient coverage of the survey area.

(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.

(1) All mission-day categories require aerial-based monitoring, assuming assets are available and when such monitoring does not interfere with testing and training parameters required by mission proponents.

(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)-Bottlenose Dolphin Threshold Distances (in km) for Live Missions in the Existing Live Impact Area

Mission-day category	Mortality	Level A harassment				Level B harassment
	Positive impulse B: 248.4 Pa·s AS: 197.1 Pa·s	Slight lung injury	Gastrointestinal (GI) tract injury	PTS		Temporary threshold shift (TTS)		Behavioral
		Positive impulse B: 114.5 Pa·s AS: 90.9 Pa·s	Peak sound pressure level (SPL) 237 dB	Weighted sound exposure level (SEL) 185 dB	Peak SPL 230 dB	Weighted SEL 170 dB	Peak SPL 224 dB	Weighted SEL 165 dB
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.

(1) All mission-day categories require video-based monitoring when practicable except for gunnery missions.

(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. balloons, unmanned aerial vehicles).

(e)Post-mission monitoring.

(1) All marine mammal sightings must be documented on report forms that are submitted to the Eglin Natural Resources Office after the mission.

(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.

(1) The USAF must conduct a single passive acoustic monitoring (PAM) study to investigate marine mammal vocalizations before, during, and after live missions that include underwater detonations in the EGTTR.

(2) The USAF must further investigate ways to supplement its mitigation measures with the use of real-time PAM devices (i.e., sonobuoys or hydrophones).

(3) These studies are contingent upon the availability of funding.

(4) Both studies must be approved by NMFS.

(g)Annual monitoring report. The USAF must submit an annual draft monitoring report to NMFS within 90 working days of the completion of each year's activities authorized by the LOA as well as a comprehensive summary report at the end of the project. The annual reports and final comprehensive report must be prepared and submitted within 30 days following resolution of any NMFS comments on the draft report. If no comments are received from NMFS within 30 days of receipt of the draft report, the report will be considered final. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments. The annual reports must contain the informational elements described in paragraphs (g)(1) through (5) of this section, at a minimum. The comprehensive 7-year report must include a summary of the monitoring information collected over the 7-year period (including summary tables), along with a discussion of the practicability and effectiveness of the mitigation and monitoring and any other important observations or discoveries.

(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., genus/species, lowest possible taxonomic level, or unidentified), observer confidence in identification, and the composition of the group if there is a mix of species;

(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., adults, juveniles, neonates, group composition etc.);

(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., changes in travel direction or speed, breaking off feeding, breaching), noting when they relate to know changes in activities;

(ix) Detailed information about implementation of any mitigation (e.g., postponements, relocations and cancellations); and

(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.

(1) In the event that personnel involved in the monitoring activities discover an injured or dead marine mammal, the USAF must report the incident to NMFS Office of Protected Resources (OPR), and to the NMFS Southeast Region Marine Mammal Stranding Network Coordinator, as soon as feasible. If the death or injury was likely caused by the USAF's activity, the USAF must immediately cease the specified activities until NMFS OPR 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 this subpart and the LOA issued under § 216.106 of this subchapter and § 218.66 .

(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.

50 C.F.R. §218.65

88 FR 24100 , 4/13/2023 through 4/13/2030