National Marine Fisheries Service/NOAA, Commerce Pt. 218 regulations or that result in no more PART 218—REGULATIONS GOV- than a minor change in the total esti- ERNING THE TAKING AND IM- mated number of takes (or distribution PORTING OF MARINE MAM- by species or years), NMFS may pub- lish a notice of proposed LOA in the MALS FEDERAL REGISTER, including the asso- ciated analysis of the change, and so- Subparts A–B [Reserved] licit public comment before issuing the Subpart C—Taking Marine Mammals Inci- LOA. dental to U.S. Navy Marine Structure (c) A LOA issued under § 216.106 of Maintenance and Pile Replacement in this chapter and § 217.256 for the activ- Washington ity identified in § 217.250 may be modi- fied by NMFS under the following cir- 218.20 Specified activity and specified geo- cumstances: graphical region. (1) Adaptive Management—NMFS 218.21 Effective dates. may modify (including augment) the 218.22 Permissible methods of taking. existing mitigation, monitoring, or re- 218.23 Prohibitions. porting measures (after consulting 218.24 Mitigation requirements. with Navy regarding the practicability 218.25 Requirements for monitoring and re- porting. of the modifications) if doing so cre- 218.26 Letters of Authorization. ates a reasonable likelihood of more ef- 218.27 Renewals and modifications of Let- fectively accomplishing the goals of ters of Authorization. the mitigation and monitoring set 218.28–218.29 [Reserved] forth in the preamble for these regula- tions. Subpart D—Taking Marine Mammals Inci- (i) Possible sources of data that could dental to U.S. Navy Construction Ac- contribute to the decision to modify tivities at Naval Weapons Station Seal the mitigation, monitoring, or report- Beach, California ing measures in a LOA: (A) Results from Navy’s monitoring 218.30 Specified activity and specified geo- graphical region. from previous years. 218.31 Effective dates. (B) Results from other marine mam- 218.32 Permissible methods of taking. mal and/or sound research or studies. 218.33 Prohibitions. (C) Any information that reveals ma- 218.34 Mitigation requirements. rine mammals may have been taken in 218.35 Requirements for monitoring and re- a manner, extent or number not au- porting. thorized by these regulations or subse- 218.36 Letters of Authorization. quent LOAs. 218.37 Renewals and modifications of Let- (ii) If, through adaptive management, ters of Authorization. the modifications to the mitigation, 218.38–218.39 [Reserved] monitoring, or reporting measures are Subpart E [Reserved] substantial, NMFS will publish a no- tice of proposed LOA in the FEDERAL Subpart F—Taking of Marine Mammals In- REGISTER and solicit public comment. cidental to the U.S. Air Force 86 Fighter (2) Emergencies—If NMFS deter- Weapons Squadron Conducting Long mines that an emergency exists that Range Strike Weapons System Evalua- poses a significant risk to the well- tion Program at the Pacific Missile being of the species or stocks of marine Range Facility at Kauai, Hawaii mammals specified in a LOA issued pursuant to § 216.106 of this chapter and 218.50 Specified activity and specified geo- § 217.256, a LOA may be modified with- graphical region. out prior notice or opportunity for pub- 218.51 Effective dates. lic comment. Notice would be pub- 218.52 Permissible methods of taking. 218.53 Prohibitions. lished in the FEDERAL REGISTER within 218.54 Mitigation requirements. thirty days of the action. 218.55 Requirements for monitoring and re- porting. §§ 217.258–217.259 [Reserved] 218.56 Letters of Authorization. 218.57 Renewals and Modifications of Let- Subpart AA–XXX [Reserved] ters of Authorization. 173 VerDate Sep<11>2014 11:43 Jul 22, 2021 Jkt 250244 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 Y:\SGML\250244.XXX 250244 rmajette on DSKBCKNHB2PROD with CFR Pt. 218 50 CFR Ch. II (10–1–20 Edition) 218.58–218.59 [Reserved] 218.97 Renewals and modifications of Let- ters of Authorization. Subpart G—Taking of Marine Mammals In- cidental to Testing and Training Activi- Subparts K–N [Reserved] ties Conducted at the Eglin Gulf Test and Training Range in the Gulf of Mex- Subpart O—Taking and Importing Marine ico Mammals; U.S. Navy’s Northwest Train- ing and Testing (NWTT) Study Area 218.60 Specified activity and specified geo- graphical region. 218.140 Specified activity and specified geo- 218.61 Effective dates. graphical region. 218.62 Permissible methods of taking. 218.141 Applicability dates. 218.63 Prohibitions. 218.142 Permissible methods of taking. 218.64 Mitigation requirements. 218.143 Prohibitions. 218.65 Requirements for monitoring and re- 218.144 Mitigation. porting. 218.145 Requirements for monitoring and re- 218.66 Letters of Authorization. porting. 218.67 Renewals and modifications of Let- 218.146 Applications for Letters of Author- ters of Authorization. ization 218.68–218.69 [Reserved] 218.147 Letters of Authorization. 218.148 Renewal and Modifications of Let- Subpart H—Taking and Importing Marine ters of Authorization and Adaptive Man- Mammals; U.S. Navy’s Hawaii-Southern agement. California Training and Testing (HSTT) Subpart P—Taking and Importing Marine 218.70 Specified activity and geographical Mammals; U.S. Navy’s Gulf of Alaska region. 218.71 Effective dates. Temporary Maritime Activities Area 218.72 Permissible methods of taking. (GOA TMAA) Study Area 218.73 Prohibitions. 218.74 Mitigation requirements. 218.150 Specified activity and specified geo- 218.75 Requirements for monitoring and re- graphical region. porting. 218.151 Effective dates and definitions. 218.76 Letters of Authorization. 218.152 Permissible methods of taking. 218.77 Renewals and modifications of Let- 218.153 Prohibitions. ters of Authorization. 218.154 Mitigation. 218.78–218.79 [Reserved] 218.155 Requirements for monitoring and re- porting. Subpart I—Taking and Importing Marine 218.156 Applications for letters of authoriza- Mammals; U.S. Navy’s Atlantic Fleet tion (LOA). Training and Testing (AFTT) 218.157 Letters of authorization (LOA). 218.158 Renewal and modifications of letters 218.80 Specified activity and specified geo- of authorization (LOA) and adaptive graphical region. management. 218.81 Effective dates. 218.82 Permissible methods of taking. Subparts Q–W [Reserved 218.83 Prohibitions. 218.84 Mitigation requirements. Subpart X—Taking and Importing of Ma- 218.85 Requirements for monitoring and re- rine Mammals; U.S. Navy Surveillance porting. Towed Array Sensor System Low Fre- 218.86 Letters of Authorization. quency Active (SURTASS LFA) Sonar 218.87 Renewals and modifications of Let- ters of Authorization. Training and Testing in the Central and 218.88–218.89 [Reserved] Western North Pacific and Eastern In- dian Oceans Subpart J—Taking and Importing Marine Mammals; U.S. Navy’s Mariana Islands 218.230 Specified activity, level of taking, and species/stocks. Training and Testing (MITT) 218.231 Effective dates. 218.90 Specified activity and geographical 218.232 Permissible methods of taking. region. 218.233 Prohibitions. 218.91 Effective dates. 218.234 Mitigation. 218.92 Permissible methods of taking. 218.235 Requirements for monitoring. 218.93 Prohibitions. 218.236 Requirements for reporting. 218.94 Mitigation requirements. 218.237 Letter of Authorization. 218.95 Requirements for monitoring and re- 218.238 Renewals and modifications of a Let- porting. ter of Authorization. 218.96 Letters of Authorization. 174 VerDate Sep<11>2014 11:43 Jul 22, 2021 Jkt 250244 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Y:\SGML\250244.XXX 250244 rmajette on DSKBCKNHB2PROD with CFR National Marine Fisheries Service/NOAA, Commerce § 218.24 AUTHORITY: 16 U.S.C. 1361 et seq., unless within the area described in § 218.20(b) otherwise noted. by Level A or Level B harassment asso- SOURCE: 74 FR 28343, June 15, 2009, unless ciated with maintenance construction otherwise noted. activities, provided the activity is in EFFECTIVE DATE NOTE: At 83 FR 5568, Feb. compliance with all terms, conditions, 8, 2018, the authority citation for part 218 and requirements of the regulations in was revised, effective Feb. 13, 2018, through this subpart and the appropriate LOA. Feb. 12, 2023. § 218.23 Prohibitions. Subparts A–B [Reserved] Notwithstanding takings con- templated in § 218.22 and authorized by Subpart C—Taking Marine Mam- a LOA issued under §§ 216.106 of this mals Incidental to U.S. Navy chapter and 218.26, no person in connec- tion with the activities described in Marine Structure Maintenance § 218.20 may: and Pile Replacement in (a) Violate, or fail to comply with, Washington the terms, conditions, and require- ments of this subpart or a LOA issued SOURCE: 84 FR 15983, Apr. 17, 2019, unless under §§ 216.106 of this chapter and otherwise noted. 218.26; EFFECTIVE DATE NOTE: At 84 FR 15983, Apr. (b) Take any marine mammal not 17, 2019, subpart C was added, effective May specified in such LOAs; 17, 2019, through May 17, 2024. (c) Take any marine mammal speci- fied in such LOAs in any manner other § 218.20 Specified activity and speci- than as specified; fied geographical region. (d) Take a marine mammal specified (a) Regulations in this subpart apply in such LOAs if NMFS determines such only to the U.S. Navy (Navy) and those taking results in more than a neg- persons it authorizes or funds to con- ligible impact on the species or stocks duct activities on its behalf for the of such marine mammal; or taking of marine mammals that occurs (e) Take a marine mammal specified in the areas outlined in paragraph (b) in such LOAs if NMFS determines such of this section and that occurs inci- taking results in an unmitigable ad- dental to maintenance construction ac- verse impact on the species or stock of tivities, as defined in a Letter of Au- such marine mammal for taking for thorization (LOA).