50 C.F.R. § 216.184 Mitigation.
Title 50 - Wildlife and Fisheries
The activity identified in §216.180(a) must be conducted in a manner that minimizes, to the greatest extent practicable, adverse impacts on marine mammals and their habitats. When conducting operations identified in §216.180, the mitigation measures described in this section and in any Letter of Authorization issued under §§216.106 and 216.188 must be implemented. (a) Through monitoring described under §216.185, the Holder of a Letter of Authorization will ensure, to the greatest extent practicable, that no marine mammal is subjected to a sound pressure level of 180 dB or greater. (b) If a marine mammal is detected within the area subjected to sound pressure levels of 180 dB or greater (safety zone) or within the 1 km (0.5 nm) (buffer) zone extending beyond the 180-dB safety zone, SURTASS LFA sonar transmissions will be immediately delayed or suspended. Transmissions will not resume earlier than 15 minutes after: (1) All marine mammals have left the area of the safety and buffer zones; and (2) There is no further detection of any marine mammal within the safety and buffer zones as determined by the visual and/or passive or active acoustic monitoring described in §216.185. (c) The high-frequency marine mammal monitoring sonar (HF/M3) described in §216.185 will be ramped-up slowly to operating levels over a period of no less than 5 minutes: (1) At least 30 minutes prior to any SURTASS LFA sonar transmissions; (2) Prior to any SURTASS LFA sonar calibrations or testings that are not part of regular SURTASS LFA sonar transmissions described in paragraph (c)(1) of this section; and (3) Anytime after the HF/M3 source has been powered down for more than 2 minutes. (d) The HF/M3 source will not increase its sound pressure level once a marine mammal is detected; ramp-up may proceed once marine mammals are no longer detected. (e) The Holder of a Letter of Authorization will not operate the SURTASS LFA sonar while under a Letter of Authorization, such that the SURTASS LFA sonar sound field exceeds 180 dB (re 1 µPa(rms)): (1) At a distance of 12 nautical miles (nm) (22 kilometers (km)) from any coastline, including offshore islands; (2) Within any offshore area that has been designated as biologically important for marine mammals under §216.183(f), during the biologically important season for that particular area; (3) Within the offshore boundaries that extend beyond 12 nm (22 km) of the following National Marine Sanctuaries: (i) Monterey Bay, (ii) Gulf of the Farallones, and (iii) Cordell Bank; (4) Within 23 nm (37.4 km) during the months of December, January, March, and May of each year in the Olympic Coast National Marine Sanctuary. (f) The following areas have been designated by NMFS as offshore areas of critical biological importance for marine mammals (by season if appropriate):
Title 50: Wildlife and Fisheries
PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS
Subpart Q—Taking of Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar
§ 216.184 Mitigation.
------------------------------------------------------------------------ Months of Name of area Location of area importance------------------------------------------------------------------------(1) 200-m isobath North American From 28° N. to Year-Round. East Coast. 50° N. west of 40° W.(2) Antarctic Convergence Zone.. 30° E. to October 1 through 80° E to March 31. 45° S. 80° E. to 150° E. to 55° S. 150° E. to 50° W. to 60° S. 50° W to 30° E. to 50° S.(3) Costa Rica Dome............. Centered at 9° Year-Round. N. and 88° W.(4) Penguin Bank................ Centered at November 1 through 21° N. and May 1. 157°30[min] W.------------------------------------------------------------------------
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