SUBPART - Subpart I—Taking and Importing Marine Mammals; Military Readiness Activities in the Atlantic Fleet Training and Testing Study Area

Collapse to view only § 218.85 - Requirements for monitoring and reporting.

§ 218.80 - Specified activity and geographical region.
§ 218.81 - Effective dates.
§ 218.82 - Permissible methods of taking.
§ 218.83 - Prohibitions.
§ 218.84 - Mitigation requirements.
§ 218.85 - Requirements for monitoring and reporting.
§ 218.86 - Letters of Authorization.
§ 218.87 - Modifications of Letters of Authorization.
§§ 218.88-218.89 - §[Reserved]

§ 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 (8.9 million km 2) of ocean, oriented from the mean high tide line along the U.S. coast and extending east to 45° W longitude line, north to 65° N latitude line, and south to approximately the 20° N latitude line. It also includes Navy and Coast Guard pierside locations, port transit channels, bays, harbors, inshore waterways (e.g., channels, rivers), civilian ports where military readiness activities occur, and vessel and aircraft transit routes among homeports, designated operating areas (OPAREAs), and testing and training ranges.

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);

(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. Activity-based mitigation is mitigation that the Action Proponents must implement whenever and wherever an applicable military readiness activity takes place within the AFTT Study Area. The Action Proponents must implement the mitigation described in paragraphs (a)(1)(i) through (xxii) of this section, except as provided in paragraph (a)(1)(xxiii) of this section.

(i) Active acoustic sources with power down and shut down capabilities. For active acoustic sources with power down and shutdown capabilities (low-frequency active sonar ≥200 decibels (dB), mid-frequency active sonar sources that are hull mounted on a surface ship (including surfaced submarines), and broadband and other active acoustic sources >200 dB):

(A) Mitigation zones and requirements. During use of active acoustic sources with power down and shutdown capabilities, the following mitigation zone requirements apply:

(1) Within 1,000 yards (yd; 914.4 meters (m)) from a marine mammal, Action Proponent personnel must power down active acoustic sources by 6 dB total.

(2) Within 500 yd (457.2 m) from a marine mammal, Action Proponent personnel must power down active acoustic sources by an additional 4 dB (10 dB total).

(3) Within 200 yd (182.9 m) from a marine mammal, Action Proponent personnel must shut down active acoustic sources.

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout in or on one of the following: aircraft; pierside, moored, or anchored vessel; underway vessel with space/crew restrictions (including small boats); or underway vessel already participating in the event that is escorting (and has positive control over sources used, deployed, or towed by) an unmanned platform.

(2) Two Lookouts on an underway vessel without space or crew restrictions.

(3) Lookouts must use information from passive acoustic detections to inform visual observations when passive acoustic devices are already being used in the event.

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of use of active acoustic sources (e.g., while maneuvering on station).

(2) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during use of active acoustic sources.

(D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met 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). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained (e.g., rotary-wing aircraft, fighter aircraft).

(ii) Active acoustic sources with shut down capabilities only (no power down capability). For active acoustic sources with shut down capabilities only (no power down capability) (low-frequency active sonar <200 dB, mid-frequency active sonar sources that are not hull mounted on a surface ship (e.g., dipping sonar, towed arrays), high-frequency active sonar, air guns, and broadband and other active acoustic sources <200 dB):

(A) Mitigation zones and requirements. During use of active acoustic sources with shut down capabilities only, the following mitigation zone requirements apply:

(1) At 200 yd (182.9 m) from a marine mammal, Action Proponent personnel must shut down active acoustic sources.

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(2) Two Lookouts on an underway vessel without space or crew restrictions.

(3) Lookouts must use information from passive acoustic detections to inform visual observations when passive acoustic devices are already being used in the event.

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(2) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during use of active acoustic sources.

(iii) Pile driving and extraction. For pile driving and extraction:

(A) Mitigation zones and requirements. During vibratory and impact pile driving and extraction, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease pile driving or extraction if a marine mammal is sighted within 100 yd (91.4 m) of a pile being driven or extracted.

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout in or on one of the following: shore, pier, or small boat.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation for 15 minutes prior to the initial start of pile driving or pile extraction.

(2) Action Proponent personnel must use soft start standard operating procedures when impact pile driving. Soft start requires the Action Proponent to conduct three sets of strikes (three strikes per set) at reduced hammer energy with a 30-second waiting period between each set. A soft start must be implemented at the start of each day's impact pile driving and at any time following cessation of impact pile driving for a period of 30 minutes or longer.

(3) Action Proponent personnel must observe the mitigation zone for marine mammals during pile driving or extraction.

(iv) Weapons firing noise. For weapons firing noise:

(A) Mitigation zones and requirements. During explosive and non-explosive large-caliber (57 millimeter (mm) and larger) gunnery firing noise (surface-to-surface and surface-to-air), the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease weapons firing if a marine mammal is sighted within 30 degrees on either side of the firing line out to 70 yd (64 m) from the gun muzzle (cease fire).

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout on a vessel.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of large-caliber gun firing (e.g., during target deployment).

(2) Action Proponent personnel must observe the mitigation zone for marine mammals during large-caliber gun firing.

(v) Explosive bombs. For explosive bombs:

(A) Mitigation zones and requirements. During the use of explosive bombs of any net explosive weight (NEW), the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of explosive bombs if a marine mammal is sighted within 2,500 yd (2,286 m) from the intended target.

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout in an aircraft.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of bomb delivery (e.g., when arriving on station).

(2) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during bomb delivery. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately.

(3) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures (the Notification and Reporting Plan is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities).

(vi) Explosive gunnery. For explosive gunnery:

(A) Mitigation zones and requirements. During the use of air-to-surface medium-caliber ordnance (larger than 50 caliber and less than 57 mm), surface-to-surface medium-caliber ordnance, and surface-to-surface large-caliber ordnance, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of air-to-surface medium-caliber ordnance if a marine mammal is sighted within 200 yd (182.9 m) of the intended impact location.

(2) Action Proponent personnel must cease use of surface-to-surface medium-caliber ordnance if a marine mammal is sighted within 600 yd (548.6 m) of the intended impact location.

(3) Action Proponent personnel must cease use of surface-to-surface large-caliber ordnance if a marine mammal is sighted within 1,000 yd (914.4 m) of the intended impact location.

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout on a vessel or in an aircraft.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of gun firing (e.g., while maneuvering on station).

(2) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during gunnery fire. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately.

(D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing air-to-surface medium-caliber, surface-to-surface medium-caliber, surface-to-surface large-caliber explosive gunnery). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained (e.g., rotary-wing aircraft, fighter aircraft).

(vii) Explosive line charges. For explosive line charges:

(A) Mitigation zones and requirements. During the use of explosive line charges of any NEW, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of explosive line charges if a marine mammal is sighted within 900 yd (823 m) of the detonation site.

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout on a vessel.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations (e.g., while maneuvering on station).

(2) Action Proponent personnel must observe the mitigation zone for marine mammals during detonations. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately.

(viii) Explosive mine countermeasure and neutralization (no divers). For explosive mine countermeasure and neutralization (no divers):

(A) Mitigation zones and requirements. During explosive mine countermeasure and neutralization using 0.1-5 pound (lb) (0.05-2.3 kilogram (kg)) NEW and >5 lb (2.3 kg) NEW, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of 0.1-5 lb (0.05-2.3 kg) NEW if a marine mammal is sighted within 600 yd (548.6 m) from the detonation site.

(2) Action Proponent personnel must cease use of >5 lb (2.3 kg) NEW if a marine mammal is sighted within 2,100 yd (1,920.2 m) from the detonation site.

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout on a vessel or in an aircraft during 0.1-5 lb (0.05-2.3 kg) NEW use.

(2) Two Lookouts, one on a small boat and one in an aircraft during >5 lb (2.3 kg) NEW use.

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations (e.g., while maneuvering on station; typically, 10 or 30 minutes depending on fuel constraints).

(2) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during detonations or fuse initiation. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately.

(3) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for 10 or 30 minutes (depending on fuel constraints) for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures.

(D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing explosive mine countermeasure and neutralization using 0.1-5 lb (0.05-2.3 kg) NEW and >5 lb (2.3 kg) NEW). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained (e.g., rotary-wing aircraft, fighter aircraft).

(ix) Explosive mine neutralization (with divers). For explosive mine neutralization (with divers):

(A) Mitigation zones and requirements. During explosive mine neutralization (with divers) using 0.1-20 lb (0.05-9.1 kg) NEW (positive control), 0.1-20 lb (0.05-9.1 kg) NEW (time-delay), and >20-60 lb (9.1-27.2 kg) NEW (positive control), the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of 0.1-20 lb (0.05-9.1 kg) NEW (positive control) if a marine mammal is sighted within 500 yd (457.2 m) of the detonation site (cease fire).

(2) Action Proponent personnel must cease use of 0.1-20 lb (0.05-9.1 kg) NEW (time-delay) and >20-60 lb (9.1-27.2 kg) NEW (positive control) if a marine mammal is sighted within 1,000 yd (914.4 m) of the detonation site (cease fire).

(B) Lookout requirements. The following Lookout requirements apply:

(1) Two Lookouts in two small boats (one Lookout per boat) or one small boat and one rotary-wing aircraft (with one Lookout each) during use of 0.1-20 lb (0.05-9.1 kg) NEW (positive control).

(2) Four Lookouts in two small boats (two Lookouts per boat) and one additional Lookout in an aircraft if used in the event during use of 0.1-20 lb (0.05-9.1 kg) NEW (time-delay) and >20-60 lb (9.1-27.2 kg) NEW (positive control).

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Time-delay devices must be set not to exceed 10 minutes.

(2) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations or fuse initiation for positive control events (e.g., while maneuvering on station) or for 30 minutes prior for time-delay events.

(3) Action Proponent personnel must observe the applicable mitigation zone for marine mammals, during detonations or fuse initiation. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately.

(4) When practical based on mission, safety, and environmental conditions:

(i) Boats must observe from the mitigation zone radius mid-point.

(ii) When two boats are used, boats must observe from opposite sides of the mine location.

(iii) Platforms must travel a circular pattern around the mine location.

(iv) Boats must have one Lookout observe inward toward the mine location and one Lookout observe outward toward the mitigation zone perimeter.

(v) Divers must be part of the Lookout Team.

(5) After the event, when practical, Action Proponent personnel must observe the detonation vicinity for 30 minutes for injured or dead marine mammals. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures.

(D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing explosive mine neutralization (with divers) using 0.1-20 lb (0.05-9.1 kg) NEW (positive control), 0.1-20 lb (0.05-9.1 kg) NEW (time-delay), and >20-60 lb (9.1-27.2 kg) NEW (positive control)). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained (e.g., rotary-wing aircraft, fighter aircraft).

(x) Explosive missiles and rockets. For explosive missiles and rockets:

(A) Mitigation zones and requirements. During the use of explosive missiles and rockets using 0.6-20 lb (0.3-9.1 kg) NEW (air-to-surface) and >20-500 lb (9.1-226.8 kg) NEW (air-to-surface), the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of 0.6-20 lb (0.3-9.1 kg) NEW (air-to-surface) if a marine mammal is sighted within 900 yd (823 m) of the intended impact location (cease fire).

(2) Action Proponent personnel must cease use of >20-500 lb (9.1-226.8 kg) NEW (air-to-surface) if a marine mammal is sighted within 2,000 yd (1,828.8 m) of the intended impact location (cease fire).

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout in an aircraft.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the applicable mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of missile or rocket delivery (e.g., during a fly-over of the mitigation zone).

(2) Action Proponent personnel must observe the applicable mitigation zone for marine mammals during missile or rocket delivery. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately.

(D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive missiles and rockets using 0.6-20 lb (0.3-9.1 kg) NEW (air-to-surface) and >20-500 lb (9.1-226.8 kg) NEW (air-to-surface)). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained (e.g., rotary-wing aircraft, fighter aircraft).

(xi) Explosive sonobuoys and research-based sub-surface explosives. For explosive sonobuoys and research-based sub-surface explosives:

(A) Mitigation zones and requirements. During the use of any NEW of explosive sonobuoys and 0.1-5 lb (0.05-2.3 kg) NEW for other types of sub-surface explosives used in research applications, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of any NEW of sonobuoys and 0.1-5 lb (0.05-2.3 kg) NEW for other types of sub-surface explosives used in research applications if a marine mammal is sighted within 600 yd (548.6 m) of the device or detonation sites (cease fire).

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout on a small boat or in an aircraft.

(2) Conduct passive acoustic monitoring for marine mammals; use information from detections to assist visual observations.

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of detonations (e.g., during sonobuoy deployment, which typically lasts 20-30 minutes).

(D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of any NEW of sonobuoys and 0.1-5 lb (0.05-2.3 kg) NEW for other types of sub-surface explosives used in research applications). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained (e.g., rotary-wing aircraft, fighter aircraft).

(xii) Explosive torpedoes. For explosive torpedoes:

(A) Mitigation zones and requirements. During the use of explosive torpedoes of any NEW, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of explosive torpedoes of any NEW if a marine mammal is sighted within 2,100 yd (1,920.2 m) of the intended impact location.

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout in an aircraft.

(2) Conduct passive acoustic monitoring for marine mammals; use information from detections to assist visual observations.

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals, floating vegetation, and jellyfish aggregations immediately prior to the initial start of detonations (e.g., during target deployment).

(2) Action Proponent personnel must observe the mitigation zone for marine mammals and jellyfish aggregations during torpedo launches. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately.

(D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of explosive torpedoes of any NEW). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained (e.g., rotary-wing aircraft, fighter aircraft).

(xiii) Ship shock trials. For ship shock trials:

(A) Mitigation zones and requirements. During ship shock trials using any NEW, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease ship shock trials of any NEW if a marine mammal is sighted within 3.5 nmi (6.5 km) of the target ship hull (cease fire).

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) On the day of the event, 10 observers (Lookouts and third-party observers combined), spread between aircraft or multiple vessels as specified in the event-specific mitigation plan.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must develop a detailed, event-specific monitoring and mitigation plan in the year prior to the event and provide it to NMFS for review.

(2) Beginning at first light on days of detonation until the moment of detonation (as allowed by safety measures), Action Proponent personnel must observe the mitigation zone for marine mammals, floating vegetation, jellyfish aggregations, large schools of fish, and flocks of seabirds.

(3) If any injured or dead marine mammals are observed after an individual detonation, Action Proponent personnel must follow established incident reporting procedures and halt any remaining detonations until Action Proponent personnel consults with NMFS and review or adapt the event-specific mitigation plan, if necessary.

(4) During the 2 days following the event (minimum) and up to 7 days following the event (maximum), and as specified in the event-specific mitigation plan, Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals.

(xiv) Sinking exercises. For Sinking Exercises (SINKEX):

(A) Mitigation zones and requirements. During SINKEX using any NEW, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease SINKEX of any NEW if a marine mammal is sighted within 2.5 nmi (4.6 km) of the target ship hull (cease fire).

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) Two Lookouts, one on a vessel and one in an aircraft.

(2) Conduct passive acoustic monitoring for marine mammals; use information from detections to assist visual observations.

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) During aerial observations for 90 minutes prior to the initial start of weapon firing, Action Proponent personnel must observe the mitigation zone for marine mammals, floating vegetation, and jellyfish aggregations.

(2) From the vessel during weapon firing, and from the aircraft and vessel immediately after planned or unplanned breaks in weapon firing of more than 2 hours, Action Proponent personnel must observe the mitigation zone for marine mammals. If a marine mammal is visibly injured or killed as a result of detonation, use of explosives in the event must be suspended immediately.

(3) Action Proponent personnel must observe the detonation vicinity for injured or dead marine mammals for 2 hours after sinking the vessel or until sunset, whichever comes first. If any injured or dead marine mammals are observed, Action Proponent personnel must follow established incident reporting procedures.

(xv) Non-explosive aerial-deployed mines and bombs. For non-explosive aerial-deployed mines and bombs:

(A) Mitigation zones and requirements. During the use of non-explosive aerial-deployed mines and non-explosive bombs, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of non-explosive aerial-deployed mines and non-explosive bombs if a marine mammal is sighted within 1,000 yd (914.4 m) of the intended target (cease fire).

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout in an aircraft.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the initial start of mine or bomb delivery (e.g., when arriving on station).

(2) Action Proponent personnel must observe the mitigation zone for marine mammals during mine or bomb delivery.

(xvi) Non-explosive gunnery. For non-explosive gunnery:

(A) Mitigation zones and requirements. During the use of non-explosive surface-to-surface large-caliber ordnance, non-explosive surface-to-surface and air-to-surface medium-caliber ordnance, and non-explosive surface-to-surface and air-to-surface small-caliber ordnance, the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease non-explosive surface-to-surface large-caliber ordnance, non-explosive surface-to-surface and air-to-surface medium-caliber ordnance, and non-explosive surface-to-surface and air-to-surface small-caliber ordnance use if a marine mammal is sighted within 200 yd (182.9 m) of the intended impact location (cease fire).

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout on a vessel or in an aircraft.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the start of gun firing (e.g., while maneuvering on station).

(2) Action Proponent personnel must observe the mitigation zone for marine mammals during gunnery firing.

(D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of non-explosive surface-to-surface large-caliber ordnance, non-explosive surface-to-surface and air-to-surface medium-caliber ordnance, and non-explosive surface-to-surface and air-to-surface small-caliber ordnance). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained (e.g., rotary-wing aircraft, fighter aircraft).

(xvii) Non-explosive missiles and rockets. For non-explosive missiles and rockets:

(A) Mitigation zones and requirements. During the use of non-explosive missiles and rockets (air-to-surface), the following mitigation zone requirements apply:

(1) Action Proponent personnel must cease use of non-explosive missile and rocket (air-to-surface) if a marine mammal is sighted within 900 yd (823 m) of the intended impact location.

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout in an aircraft.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals and floating vegetation immediately prior to the start of missile or rocket delivery (e.g., during a fly-over of the mitigation zone).

(2) Action Proponent personnel must observe the mitigation zone for marine mammals during missile or rocket delivery.

(D) Commencement or recommencement conditions. Action Proponent personnel must ensure one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met prior to the initial start of the activity (by delaying the start) or during the activity (by not recommencing use of non-explosive missiles and rockets (air-to-surface)). The wait period for this activity is 30 minutes for activities conducted from vessels and for activities conducted by aircraft that are not fuel constrained and 10 minutes for activities involving aircraft that are fuel constrained (e.g., rotary-wing aircraft, fighter aircraft).

(xviii) Manned surface vessels. For manned surface vessels:

(A) Mitigation zones and requirements. During the use of manned surface vessels, including surfaced submarines, the following mitigation zone requirements apply:

(1) Underway manned surface vessels must maneuver themselves (which may include reducing speed) to maintain the following distances as mission and circumstances allow:

(i) 500 yd (457.2 m) from whales.

(ii) 200 yd (182.9 m) from other marine mammals.

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One or more Lookouts on manned underway surface vessels in accordance with the most recent navigation safety instruction.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals immediately prior to manned surface vessels getting underway and while underway.

(2) [Reserved]

(xix) Unmanned vehicles. For unmanned vehicles:

(A) Mitigation zones and requirements. During the use of unmanned surface vehicles and unmanned underwater vehicles already being escorted (and operated under positive control) by a manned surface support vessel, the following mitigation zone requirements apply:

(1) A surface support vessel that is already participating in the event, and has positive control over the unmanned vehicle, must maneuver the unmanned vehicle (which may include reducing its speed) to ensure it maintains the following distances as mission and circumstances allow:

(i) 500 yd (457.2 m) from whales.

(ii) 200 yd (182.9 m) from other marine mammals.

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout on a surface support vessel that is already participating in the event and has positive control over the unmanned vehicle.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals immediately prior to unmanned vehicles getting underway and while underway.

(2) [Reserved]

(xx) Towed in-water devices. For towed in-water devices:

(A) Mitigation zones and requirements. During the use of in-water devices towed by an aircraft, a manned surface vessel, or an unmanned surface vehicle or unmanned underwater vehicle already being escorted (and operated under positive control) by a manned surface vessel, the following mitigation zone requirements apply:

(1) Manned towing platforms, or surface support vessels already participating in the event that have positive control over an unmanned vehicle that is towing an in-water device, must maneuver itself or the unmanned vehicle (which may include reducing speed) to ensure towed in-water devices maintain the following distances as mission and circumstances allow:

(i) 250 yd (228.6 m) from marine mammals.

(ii) [Reserved]

(2) [Reserved]

(B) Lookout requirements. The following Lookout requirements apply:

(1) One Lookout on the manned towing vessel or aircraft, or on a surface support vessel that is already participating in the event and has positive control over an unmanned vehicle that is towing an in-water device.

(2) [Reserved]

(C) Mitigation zone observation. Action Proponent personnel must observe the mitigation zones in accordance with the following:

(1) Action Proponent personnel must observe the mitigation zone for marine mammals immediately prior to and while in-water devices are being towed.

(2) [Reserved]

(xxi) Commencement or recommencement conditions. Action Proponents must not commence or recommence an activity after a marine mammal is observed within a relevant mitigation zone until one of the following conditions has been met:

(A) Observed exiting. A Lookout observes the marine mammal exiting the mitigation zone;

(B) Concluded to have exited. A Lookout concludes that the marine mammal has exited the mitigation zone based on its observed course, speed, and movement relative to the mitigation zone;

(C) Clear from additional sightings. A Lookout affirms the mitigation zone has been clear from additional sightings for the activity-specific wait period; or

(D) Stressor transit. For mobile events, the stressor has transited a distance equal to double the mitigation zone size beyond the location of the last sighting.

(xxii) Exceptions to activity-based mitigation for acoustic and explosive stressors. Activity-based mitigation for acoustic and explosive stressors will not apply to:

(A) Sources not operated under positive control (e.g., moored oceanographic sources);

(B) Sources used for safety of navigation (e.g., fathometers);

(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., sonar);

(F) De minimis sources (e.g., those >200 kilohertz);

(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., dolphins) are determined to be intentionally swimming at the bow or alongside or directly behind the vessel, vehicle, or device (e.g., to bow-ride or wake-ride).

(I) Explosives deployed by aircraft operating at high altitudes (i.e., altitudes at which marine mammals on the surface cannot be distinguished);

(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., altitudes at which marine mammals on the surface cannot be distinguished);

(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. Activity-based mitigation for physical disturbance and strike stressors will not be implemented:

(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., dolphins) are determined to be intentionally swimming at the bow, alongside the vessel or vehicle, or directly behind the vessel or vehicle (e.g., to bow-ride or wake-ride);

(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., during certain aspects of amphibious exercises).

(2) Geographic mitigation areas. The Action Proponents must implement the geographic mitigation requirements described in paragraphs (a)(2)(i) through (ix) of this section.

(i) Ship shock trial mitigation area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation areas. Within the ship shock trial mitigation areas, the following requirements apply:

(A) Jacksonville Operating Area. Navy personnel must not conduct ship shock trials within the portion of the ship shock trial box that overlaps the Jacksonville Operating Area from November 15 through April 15.

(B) Pre-event planning. Pre-event planning for ship shock trials must include the selection of one primary and two secondary sites (within one of the ship shock trial boxes) where marine mammal abundance is expected to be the lowest during an event, with the primary and secondary locations located more than 2 nmi (3.7 km) from the western boundary of the Gulf Stream for events planned within the portion of the ship shock trial box that overlaps the Jacksonville Operating Area.

(C) Environmentally unsuitable site. If Action Proponent personnel determine during pre-event visual observations that the primary site is environmentally unsuitable (e.g., continuous observations of marine mammals), personnel must evaluate the potential to move the event to one of the secondary sites as described in the LOAs.

(ii) Major Training Exercise Planning Awareness Mitigation Areas. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the major training exercise (MTE) planning awareness mitigation areas, the following requirements apply:

(A) Northeast. Within Major Training Exercise Planning Awareness Mitigation Areas located in the northeast (i.e., the combined areas within the Gulf of Maine, over the continental shelves off Long Island, Rhode Island, Massachusetts, and Maine), the Action Proponents must not conduct any full or partial MTEs.

(B) Mid-Atlantic. Within Major Training Exercise Planning Awareness Mitigation Areas located in the mid-Atlantic (i.e., the combined areas off Maryland, Delaware, and North Carolina), the Action Proponents must not conduct any full or partial MTEs to the maximum extent practical and must not conduct more than four full or partial MTEs per year.

(C) Gulf of America. Within the combined MTE Planning Awareness Mitigation Areas located in the Gulf of America, the Action Proponents will not conduct any MTEs.

(iii) Northeast North Atlantic Right Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Northeast North Atlantic Right Whale Mitigation Area, the following requirements apply:

(A) Active sonar. The Action Proponents must minimize the use of low-frequency active sonar, mid-frequency active sonar, and high-frequency active sonar in the mitigation area to the maximum extent practical.

(B) In-water explosives. The Action Proponents must not detonate in-water explosives (including underwater explosives and explosives deployed against surface targets) within the mitigation area.

(C) Explosive sonobuoys. The Action Proponents must not detonate explosive sonobuoys within 3 nmi (5.6 km) of the mitigation area.

(D) Non-explosive bombs. The Action Proponents must not use non-explosive bombs within the mitigation area.

(E) Non-explosive torpedoes. During non-explosive torpedoes events within the mitigation area:

(1) The Action Proponents must conduct activities during daylight hours in Beaufort sea state 3 or less.

(2) The Action Proponents must post two Lookouts in an aircraft during dedicated aerial surveys, and one Lookout on the submarine participating in the event (when surfaced), in addition to Lookouts required as described in paragraph (a)(1)(xvii) of this section.

(i) Lookouts must begin conducting visual observations immediately prior to the start of an event.

(ii) If floating vegetation or marine mammals are observed in the event vicinity, the event must not commence until the vicinity is clear or the event is relocated to an area where the vicinity is clear.

(iii) Lookouts must continue to conduct visual observations during the event.

(iv) If marine mammals are observed in the vicinity, the event must cease until one of the commencement or recommencement conditions in paragraph (a)(1)(xxi) of this section is met.

(3) During transits and normal firing, surface ships must maintain a speed of no more than 10 knots (kn; 18.5 kilometer/hour (km/hr)); during submarine target firing, surface ships must maintain speeds of no more than 18 kn (33.3 km/hr); and during vessel target firing, surface ship speeds may exceed 18 kn (33.3 km/hr) for brief periods of time (e.g., 10-15 minutes).

(F) Vessel transits. For vessel transits within the mitigation area:

(1) North Atlantic right whale sightings. The Action Proponents must conduct a web query or email inquiry to the North Atlantic Right Whale Sighting Advisory System or WhaleMap (https://whalemap.org/) to obtain the latest North Atlantic right whale sightings data prior to transiting the mitigation area.

(2) Sightings data to Lookouts. To the maximum extent practical, the Action Proponents must provide Lookouts the sightings data prior to standing watch. Lookouts must use that data to help inform visual observations during vessel transits.

(3) Speed reductions. Surface ships must implement speed reductions after observing a North Atlantic right whale, if transiting within 5 nmi (9.3 km) of a sighting reported to the North Atlantic Right Whale Sighting Advisory System within the past week, and when transiting at night or during periods of restricted visibility.

(iv) Gulf of Maine Marine Mammal Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Gulf of Maine Marine Mammal Mitigation Area, the following requirements apply:

(A) Surface ship hull-mounted mid-frequency active sonar. The Action Proponents must not use more than 200 hours of surface ship hull-mounted mid-frequency active sonar annually within the mitigation area.

(B) [Reserved]

(v) Martha's Vineyard North Atlantic Right Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Martha's Vineyard North Atlantic Right Whale Mitigation Area, the following requirements apply:

(A) Propulsion testing. The Action Proponents must avoid conducting vessel propulsion testing events in the Martha's Vineyard North Atlantic Right Whale Mitigation Area, to the maximum extent practical.

(B) [Reserved]

(vi) Jacksonville Operating Area North Atlantic Right Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Jacksonville Operating Area North Atlantic Right Whale Mitigation Area, the following requirements apply:

(A) November 15 to April 15. From November 15 to April 15 within the mitigation area, prior to vessel transits or military readiness activities involving active sonar, in-water explosives (including underwater explosives and explosives deployed against surface targets), or non-explosive ordnance deployed against surface targets (including aerial-deployed mines), the Action Proponents must initiate communication with Fleet Area Control and Surveillance Facility, Jacksonville to obtain Early Warning System data. The facility must advise of all reported North Atlantic right whale sightings in the vicinity of planned vessel transits and military readiness activities. Sightings data must be used when planning event details (e.g., timing, location, duration) to minimize impacts to North Atlantic right whale to the maximum extent practical.

(B) Sightings data to Lookouts. To the maximum extent practical, Action Proponent personnel must provide the sightings data to Lookouts prior to standing watch to help inform visual observations.

(vii) Southeast North Atlantic Right Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Southeast North Atlantic Right Whale Mitigation Area, the following requirements apply:

(A) Helicopter dipping sonar and low-frequency or surface ship hull-mounted mid-frequency active sonar during navigation training or object detection. From November 15 to April 15 within the mitigation area, to the maximum extent practical, the Action Proponents must minimize use of helicopter dipping sonar (a mid-frequency active sonar source) 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. From November 15 to April 15 within the mitigation area, the Action Proponents must not use high-frequency active sonar; or low-frequency or mid-frequency active sonar with the exception of the sources listed in paragraph (a)(2)(vi)(A) of this section in accordance with that paragraph.

(C) Explosives. From November 15 to April 15 within the mitigation area, the Action Proponents must not detonate in-water explosives (including underwater explosives and explosives deployed against surface targets).

(D) Explosive sonobuoys. From November 15 to April 15, the Action Proponents must not detonate explosive sonobuoys within 3 nmi (5.6 km) of the mitigation area.

(E) Physical disturbance. From November 15 to April 15 within the mitigation area, the Action Proponents must not deploy non-explosive ordnance against surface targets (including aerial-deployed mines).

(F) Vessel strike. From November 15 to April 15 within the mitigation area, surface ships must minimize north-south transits to the maximum extent practical and must implement speed reductions to the maximum extent practicable after they observe a North Atlantic right whale, if they are within 5 nmi (9.3 km) of an Early Warning System sighting reported within the past 12 hours, and at night and in restricted visibility.

(G) Vessel propulsion testing. From November 15 to April 15 within the mitigation area, the Action Proponents must not conduct vessel propulsion testing.

(H) Acoustic, explosives, and physical disturbance and vessel strike. From November 15 to April 15 within the mitigation area, prior to vessel transits or military readiness activities involving active sonar, in-water explosives (including underwater explosives and explosives deployed against surface targets), or non-explosive ordnance deployed against surface targets (including aerial-deployed mines), the Action Proponents must initiate communication with Fleet Area Control and Surveillance Facility, Jacksonville to obtain Early Warning System sightings data. The facility must advise of all reported North Atlantic right whale sightings in the vicinity of planned vessel transits and military readiness activities. To the maximum extent practical, the Action Proponents must provide Lookouts the sightings data prior to standing watch to help inform visual observations.

(viii) Dynamic North Atlantic Right Whale Mitigation Area. The mitigation area extent matches the boundary of the U.S. Exclusive Economic Zone on the East Coast, which is the full extent of where Dynamic Management Areas could potentially be established by NMFS year-round. Within the Dynamic North Atlantic Right Whale Mitigation Areas, the following requirements apply:

(A) North Atlantic Right Whale Dynamic Management Area notifications. The Action Proponents must provide North Atlantic Right Whale Dynamic Management Area information (e.g., location and dates) to applicable assets transiting and training or testing in the vicinity of the Dynamic Management Area.

(1) Alert assets. The information must alert assets (and their Lookouts) to the possible presence of North Atlantic right whale in their vicinity.

(2) Visual observations. Lookouts must use the information to help inform visual observations during military readiness activities that involve vessel movements, active sonar, in-water explosives (including underwater explosives and explosives deployed against surface targets), or non-explosive ordnance deployed against surface targets in the mitigation area.

(B) PMAP reports. In Protective Measures Assessment Protocol (PMAP) reports generated in the Dynamic North Atlantic Right Whale Mitigation Area, Action Proponents must do the following:

(1) WhaleMap. Provide the WhaleMap web address (https://whalemap.org);

(2) Strike risk. Advise that risk of whale strike is increased after observing a North Atlantic right whale (NARW); when operating within 5 nmi (9.3 km) of a known NARW sighting reported within the past 24 hours; within a NMFS-designated Seasonal Management Area, Dynamic Management Area, or Slow Zone; and when transiting at night or during periods of restricted visibility; and

(3) Reinforce collision prevention. Reinforce the requirement of the International Regulations for Preventing Collisions at Sea (COLREGS) for vessels to proceed at a safe speed appropriate to the prevailing circumstances and conditions, to avoid a collision with any sighted object or disturbance, including any marine mammal (33 CFR part 83).

(C) Propulsion testing. Sightings data must be used when planning propulsion testing event details (e.g., timing, location, duration) to minimize impacts to NARW to the maximum extent practical. During propulsion testing in the mitigation area, to the maximum extent practical, Lookouts must be provided recent https://whalemap.org sightings data to help inform visual observations.

(ix) Rice's Whale Mitigation Area. Figure 1 to this paragraph (a)(2) shows the location of the mitigation area. Within the Rice's Whale Mitigation Area, the following requirements apply:

(A) Surface ship mid-frequency active sonar. The Action Proponents must not use more than 200 hours of surface ship hull-mounted mid-frequency active sonar annually within the mitigation area.

(B) Explosives. The Action Proponents must not detonate in-water explosives (including underwater explosives and explosives deployed against surface targets) within the mitigation area, except during mine warfare activities.

(C) Explosive sonobuoys. The Action Proponents must not detonate explosive sonobuoys within 3 nmi (5.6 km) of the mitigation area.

(D) Propulsion testing. The Action Proponents must avoid conducting vessel propulsion testing events in the Rice's Whale Mitigation Area, to the maximum extent practical.

(E) Awareness message. The Action Proponents must issue an annual awareness message to Navy vessels that routinely train or test in the vicinity of the Rice's whale proposed critical habitat, and Coast Guard vessels that routinely train anywhere in the Gulf of America. The message will advise that risk of whale strike is increased when transiting through Rice's whale proposed critical habitat (i.e., within the 100-400 m isobaths), particularly at night or during periods of restricted visibility, and reinforce the requirement of the COLREGS for ships to proceed at a safe speed appropriate to the prevailing circumstances and conditions, to avoid a collision with any sighted object or disturbance, including any marine mammal.

(x) National security requirement. Should national security require the Action Proponents to exceed a requirement(s) in paragraphs (a)(2)(i) through (ix) of this section, Action Proponent personnel must provide NMFS with advance notification and include the information (e.g., sonar hours, explosives usage, or restricted area use) in its annual activity reports submitted to NMFS.

Figure 1 to Paragraph (a)(2)—Geographic Mitigation Areas for Marine Mammals in the AFTT Study Area

(3) Cetacean live stranding. In the event of a cetacean live stranding (or near-shore atypical milling) event within the AFTT Study Area or within 50 km (27 nmi) of the boundary of the AFTT Study Area, where the NMFS Stranding Network is engaged in herding or other interventions to return marine mammals to the water, NMFS Office of Protected Resources will advise the Action Proponents of the need to implement shutdown procedures for all active acoustic sources or explosive devices within 50 km of the stranding. Following this initial shutdown, NMFS will communicate with the Action Proponents to determine whether circumstances support modification of the shutdown zone. The Action Proponents may decline to implement all or part of the shutdown if the holder of the LOA, or his/her designee, determines that it is necessary for national security. Shutdown procedures for live stranding or milling cetaceans include the following:

(i) Shutdown no longer needed. If at any time, the marine mammal(s) die or are euthanized, or if herding/intervention efforts are stopped, NMFS will immediately advise that the shutdown around the marine mammals' location is no longer needed;

(ii) Shutdown procedures remain in effect. Otherwise, shutdown procedures will remain in effect until NMFS determines and advises that all live marine mammals involved have left the area (either of their own volition or following an intervention); and

(iii) Further observations. If further observations of the marine mammals indicate the potential for re-stranding, additional coordination will be required to determine what measures are necessary to minimize that likelihood (e.g., extending the shutdown or moving operations farther away) and to implement those measures as appropriate.

(4) North Atlantic right whale persistence. Within the first year of effectiveness of the LOA(s), the Action Proponents shall work collaboratively with the NMFS Endangered Species Act Interagency Cooperation Division and the NMFS Permits and Conservation Division to:

(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. If the Action Proponent reasonably believes that the specified activity identified in § 218.80 resulted in the mortality or serious injury of any marine mammals, or in any Level A harassment or Level B harassment of marine mammals not identified in this subpart, then the Action Proponent shall notify NMFS immediately or as soon as operational security considerations allow.

(b) Monitoring and reporting under the LOAs. The Action Proponents must conduct all monitoring and reporting required under the LOAs.

(c) Notification of injured, live stranded, or dead marine mammals. Action Proponent personnel must abide by the Notification and Reporting Plan, which sets out notification, reporting, and other requirements when dead, injured, or live stranded marine mammals are detected. The Notification and Reporting Plan is available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities.

(d) Annual AFTT Study Area marine species monitoring report. The Navy, on behalf of the Action Proponents, must submit an annual AFTT Study Area marine species monitoring report describing the implementation and results from the previous calendar year. Data collection methods will be standardized across range complexes and the AFTT Study Area to allow for comparison in different geographic locations. The draft report must be submitted to the Director, Office of Protected Resources, NMFS, annually. NMFS will submit comments or questions on the report, if any, within 3 months of receipt. The report will be considered final after the Action Proponents have addressed NMFS' comments, or 3 months after submittal of the draft if NMFS does not provide comments on the draft report. The report must describe progress of knowledge made with respect to intermediate scientific objectives within the AFTT Study Area associated with the Integrated Comprehensive Monitoring Program. Similar study questions must be treated together so that progress on each topic can be summarized across all Navy ranges. The report need not include analyses and content that do not provide direct assessment of cumulative progress on the monitoring plan study questions.

(e) Quick look reports. In the event that the sound levels analyzed in the preambles of the Marine Mammal Protection Act (MMPA) proposed rule (90 FR 19858, May 9, 2025) and final rule (90 FR 50504, November 7, 2025) were exceeded within a given reporting year, the Action Proponents must submit a preliminary report(s) detailing the exceedance within 21 days after the anniversary date of issuance of the LOAs.

(f) Annual AFTT training and testing reports. Regardless of whether analyzed sound levels were exceeded, the Navy must submit a detailed report (AFTT Annual Training Exercise Report and Testing Activity Report) and the Coast Guard must submit a detailed report (AFTT Annual Training Exercise Report) to the Director, Office of Protected Resources, NMFS, annually. NMFS will submit comments or questions on the reports, if any, within 1 month of receipt. The reports will be considered final after the Action Proponents have addressed NMFS' comments, or 1 month after submittal of the drafts if NMFS does not provide comments on the draft reports. The annual reports must contain a summary of all sound sources used (total hours or quantity (per the LOAs) of each bin of sonar or other non-impulsive source; total annual number of each type of explosive exercises; and total annual expended/detonated rounds (missiles, bombs, sonobuoys, etc.) for each explosive bin). The annual reports must also contain cumulative sonar and explosive use quantity from previous years' reports through the current year. Additionally, if there were any changes to the sound source amount analyzed in the reporting year, or cumulatively, the reports would include a discussion of why the change was made and include analysis to support how the change did or did not affect the analysis in the 2025 AFTT Supplemental Environmental Impact Statement/Overseas Environmental Impact Statement (https://www.nepa.navy.mil/aftteis/) and the analysis in the MMPA final rule (90 FR 50504, November 7, 2025). The annual reports must also include the details regarding specific requirements associated with the mitigation areas listed in paragraph (f)(4) of this section. The analysis in the detailed report must be based on the accumulation of data from the current year's report and data collected from previous annual reports. The final annual/close-out reports at the conclusion of the authorization period (year 7) will also serve as the comprehensive close-out reports and provide the annual totals for each sound source bin with a comparison to the annual amount analyzed and the 7-year total for each sound source bin with a comparison to the 7-year amount analyzed. The AFTT Annual Training and Testing Reports must include the specific information described in the LOAs.

(1) MTEs. This section of the report must contain the following information for MTEs completed that year in the AFTT Study Area.

(i) Exercise information (for each MTE). For exercise information (for each MTE):

(A) Exercise designator.

(B) Date that exercise began and ended.

(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. For 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).

(D) Initial detection sensor (e.g., passive sonar, Lookout).

(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.) 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. For 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. This section of the report must include the following information for each SINKEX completed that year in the AFTT Study Area:

(i) Exercise information. For exercise information:

(A) Location.

(B) Date and time exercise began and ended.

(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. For 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).

(D) Initial detection sensor (e.g., sonar or Lookout).

(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.), 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. This section of the report must include the following information summarized from the analyzed sound sources used in all training and testing events:

(i) Totals for sonar or other acoustic source bins. Total annual hours or quantity (per the LOA) of each bin of sonar or other acoustic sources (e.g., pile driving and air gun activities); and

(ii) Total for explosive bins. Total annual expended/detonated ordnance (missiles, bombs, sonobuoys, etc.) for each explosive bin.

(4) Special reporting for geographic mitigation areas. This section of the report must contain the following information for activities conducted in geographic mitigation areas in the AFTT Study Area:

(i) Northeast North Atlantic Right Whale Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used in the mitigation area.

(ii) Gulf of Maine Marine Mammal Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used in the mitigation area.

(iii) Southeast North Atlantic Right Whale Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used in the mitigation area from November 15 to April 15.

(iv) Southeast North Atlantic Right Whale Special Reporting Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used within the mitigation area from November 15 to April 15.

(v) Rice's Whale Mitigation Area. The Action Proponents must report the total annual hours and counts of active sonar and in-water explosives (including underwater explosives and explosives deployed against surface targets) used in the mitigation area.

(vi) National security requirement. If an Action Proponent(s) evokes the national security requirement described in § 218.84(a)(2)(ix), the Action Proponent personnel must include information about the event in its Annual AFTT Training and Testing Report.

(5) Foreign military sonar and explosives. Navy personnel must confirm that foreign military use of sonar and explosives, when such militaries are participating in a U.S. Navy-led exercise or event, combined with the Action Proponents' use of sonar and explosives, would not cause exceedance of the analyzed levels within each NAEMO modeled sonar and explosive bin used for estimating predicted impacts.

(g) MTE sonar exercise notification. The Action Proponents must submit to NMFS (contact as specified in the LOAs) an electronic report within 15 calendar days after the completion of any MTE indicating:

(1) Location. Location of the exercise;

(2) Dates. Beginning and end dates of the exercise; and

(3) Type. Type of exercise.

§ 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., mitigation) on the species and stocks of marine mammals and their habitat; and

(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 within 30 days of a determination.

§ 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, including the associated analysis of the change, and solicit public comment before issuing the LOA.

(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 and solicit public comment.

(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 within 30 days of the action.

§ 218.80 - Specified activity and geographical region.

§ 218.81 - Effective dates.

§ 218.82 - Permissible methods of taking.

§ 218.83 - Prohibitions.

§ 218.84 - Mitigation requirements.

§ 218.85 - Requirements for monitoring and reporting.

§ 218.86 - Letters of Authorization.

§ 218.87 - Modifications of Letters of Authorization.

§§ 218.88-218.89 - §[Reserved]