(a) When conducting training and testing activities, as identified in §218.80, the mitigation measures contained in the LOA issued under §§216.106 and 218.87 must be implemented. These mitigation measures include, but are not limited to:
(1)
Lookouts. The following
are protective measures concerning the use of lookouts
(i) Lookouts positioned on ships will be
dedicated solely to diligent observation of the air and surface of the water
Their observation objectives will include, but are not limited to, detecting
the presence of biological resources and recreational or fishing boats
observing mitigation zones, and monitoring for vessel and personnel safety
concerns.
(ii) Lookouts positioned
in aircraft or on small boats will, to the maximum extent practicable and
consistent with aircraft and boat safety and training and testing requirements
comply with the observation objectives described in §218.84
(a)(1)(i).
(iii) Lookout measures
for non-impulsive sound: (A) With the
exception of ships less than 65 ft (20 m) in length and ships that are
minimally manned, ships using low-frequency or hull-mounted mid-frequency
active sonar sources associated with anti-submarine warfare and mine warfare
activities at sea will have two Lookouts at the forward position of the ship
For the purposes of this rule, low-frequency active sonar does not include
surveillance towed array sensor system low-frequency active sonar.
(B) While using low-frequency or hull-mounted
mid-frequency active sonar sources associated with anti-submarine warfare and
mine warfare activities at sea, vessels less than 65 ft (20 m) in length and
ships that are minimally manned will have one Lookout at the forward position
of the vessel due to space and manning restrictions.
(C) Ships conducting active sonar activities
while moored or at anchor (including pierside testing or maintenance) will
maintain one Lookout.
(D) Surface
ships or aircraft conducting high-frequency or non-hull-mounted mid-frequency
active sonar activities associated with anti-submarine warfare and mine warfare
activities at sea will have one Lookout.
(E) Surface ships or aircraft conducting
high-frequency active sonar activities associated with anti-submarine warfare
and mine warfare activities at sea will have one Lookout.
(iv) Lookout measures for explosives and
impulsive sound:(A) Aircraft conducting
activities with IEER sonobuoys and explosive sonobuoys with 0.6 to 2.5 lbs net
explosive weight will have one Lookout.
(B) Surface vessels conducting anti-swimmer
grenade activities will have one Lookout.
(C) During general mine countermeasure and
neutralization activities using up to a 500-lb net explosive weight detonation
(bin E10 and below), vessels greater than 200 ft will have two Lookouts, while
vessels less than 200 ft or aircraft will have one Lookout.
(D) General mine countermeasure and
neutralization activities using a 501 to 650-lb net explosive weight detonation
(bin E11), will have two Lookouts. One Lookout will be positioned in an
aircraft and one in a support vessel.
(E) Mine neutralization activities involving
diver-placed charges using up to 100-lb net explosive weight detonation (E8)
conducted with a positive control device will have a total of two Lookouts. One
Lookout will be positioned in each of the two support vessels, or one in a
support vessel and one in a helicopter. All divers placing the charges on mines
will support the Lookouts while performing their regular duties. The divers
placing the charges on mines will report all marine mammal sightings to their
dive support vessel or Range Safety Officer.
(F) When mine neutralization activities using
diver-placed charges with up to a 20-lb net explosive weight detonation (bin
E6) are conducted with a time-delay firing device, four Lookouts will be used.
Two Lookouts will be positioned in each of two small rigid hull inflatable
boats. In addition, when aircraft are used, the pilot or member of the aircrew
will serve as an additional Lookout. The divers placing the charges on mines
will report all marine mammal sightings to their dive support vessel or Range
Safety Officer.
(G) Surface vessels
conducting line charge testing will have one Lookout.
(H) Surface vessels or aircraft conducting
small- and medium-caliber gunnery exercises against a surface target will have
one Lookout.
(I) Surface vessels
conducting large-caliber gunnery exercises against a surface target will have
one Lookout.
(J) Aircraft
conducting missile exercises (including rockets) against surface targets will
have one Lookout.
(K) Aircraft
conducting bombing exercises will have one Lookout.
(L) During explosive torpedo testing, one
Lookout will be used and positioned in an aircraft.
(M) During sinking exercises, two Lookouts
will be used. One Lookout will be positioned in an aircraft and one on a
surface vessel.
(N) Prior to
commencing, during, and after completion of ship shock trials using up to
10,000 lb. HBX charges, the Navy will have at least 10 Lookouts or trained
marine species observers (or a combination thereof) positioned either in an
aircraft or on multiple vessels (i.e., a Marine Animal Response Team boat and
the test ship). If aircraft are used, there will be Lookouts or trained marine
species observers positioned in an aircraft and positioned on multiple vessels.
If vessels are the only platform, a sufficient number of additional Lookouts or
trained marine species observers will be used to provide visual observation of
the mitigation zone comparable to that achieved by aerial surveys."
(O) Prior to commencing, during, and after
completion of ship shock trials using up to 40,000 lb. HBX charges, the Navy
will have at least 10 Lookouts or trained marine species observers (or a
combination thereof) positioned in an aircraft and on multiple vessels (i.e., a
Marine Animal Response Team boat and the test ship).
(P) Each surface vessel supporting at-sea
explosive testing will have at least one lookout.
(Q) Surface vessels conducting explosive and
non-explosive large-caliber gunnery exercises will have one lookout. This may
be the same lookout used during large-caliber gunnery exercises with a surface
target as described in §218.84(a)(1)(iv)(I) and (a)(1)(v)(C).
(v) Lookout measures for physical
strike and disturbance:(A) While underway,
surface ships will have at least one lookout.
(B) During activities using towed in-water
devices that are towed from a manned platform, one lookout will be
used.
(C) Activities involving
non-explosive practice munitions (e.g., small-, medium-, and large-caliber
gunnery exercises) using a surface target will have one lookout.
(D) During activities involving non-explosive
bombing exercises, one lookout will be used.
(E) During activities involving non-explosive
missile exercises (including rockets) using a surface target, one lookout will
be used.
(2)
Mitigation Zones. The following are protective measures
concerning the implementation of mitigation zones
(i) Mitigation zones...
