(a) Visual Monitoring. Monitoring must be conducted by qualified, NMFS-approved PSOs, in accordance with the following conditions:
(1) PSOs must be independent of the activity contractor (for example, employed by a subcontractor) and have no other assigned tasks during monitoring periods;
(2) At least one PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization or Letter of Concurrence;
(3) Other PSOs may substitute other relevant experience, education (degree in biological science or related field), or training for prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization. PSOs may also substitute Alaska native traditional knowledge for experience;
(4) Where a team of three or more PSOs is required, a lead observer or monitoring coordinator must be designated. The lead observer must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization;
(5) PSOs must be approved by NMFS prior to beginning any activity subject to a NMFS-issued incidental take authorization; and
(6) 8 Star Alaska must adhere to the following marine mammal monitoring protocols:
(i) For all single hammer pile driving activities for the Mainline MOF, between Beluga and Tyonek, and the Marine Terminal near Nikiski, a minimum of two PSOs must be on duty at all times.
(ii) For all concurrent pile driving activities at the Marine Terminal near Nikiski, a minimum of three PSOs must be on duty at all times.
(iii) For anchor handling, two PSOs must be on the barge, and one PSO must be on duty at all times.
(iv) PSOs must monitor for marine mammals from the best available vantage point to allow for an unobstructed view of the water.
(v) When conducting observations from the barge during anchor handling, PSOs must have an unobstructed 360-degree view of the water.
(vi) PSO(s) must use a combination of equipment to scan the appropriate monitoring area and to verify the required monitoring distance from the project site, including the naked eye, standard (7x) binoculars, and high-magnification (25x) binoculars.
(vii) Monitoring distances must be measured with range finders, and distances to animals must be based on the best estimate of the PSO, relative to known distances to objects in the vicinity of the PSO.
(viii) PSOs must not exceed 4 consecutive watch hours; must have a minimum 2-hour break between watches; and may not exceed a combined watch schedule of more than 12 hours in a 24-hour period.
(ix) PSOs must have no other construction-related tasks while conducting monitoring.
(x) Monitoring must take place from 30 minutes prior to initiation of pile driving or anchor handling activity, through 30 minutes post completion of pile driving activity or anchor handling activity.
(b) Acoustic Monitoring. Acoustic monitoring must be conducted in accordance with the following conditions:
(1) 8 Star Alaska must conduct SSV at the beginning of pile driving at each location to characterize the sound source levels associated with different pile and hammer types and assess attenuation devices. The SSV must be conducted in accordance with the following conditions:
(i) 8 Star Alaska's SSV plan must be approved by NMFS.
(ii) 8 Star Alaska must measure a minimum of two piles of each type, size, and installation method for single pile driving scenarios.
(iii) The following data, at minimum, shall be collected during acoustic monitoring and reported:
(A) Hydrophone equipment and methods: recording device, sampling rate, distance (m) from the pile where recordings were made; depth of water and recording device(s);
(B) Type and size of pile being driven, substrate type, method of driving during recordings ( e.g., hammer model and energy), and total pile driving duration;
(C) Whether a sound attenuation device is used and, if so, a detailed description of the device used and the duration of its use per pile;
(D) For impact pile driving (per pile): Number of strikes and strike rate; depth of substrate to penetrate; pulse duration and mean, median, and maximum sound levels (dB re: 1 µPa): root mean square sound pressure level (SPL rms ); cumulative sound exposure level (SEL cum ), peak sound pressure level (SPL peak ), and single-strike sound exposure level (SEL s-s );
(E) For vibratory driving/removal (per pile): Duration of driving per pile; mean, median, and maximum sound levels (dB re: 1 µPa): root mean square sound pressure level (SPL rms ), cumulative sound exposure level (SEL cum ) (and timeframe over which the sound is averaged);
(F) Transmission loss values for attenuated and unattenuated impact and vibratory installation of each pile size and type;
(iv) An SSV report must be submitted to NMFS for approval within 5 days after the finalization of field measurements and report data.
(v) If appropriate, the results of the SSV report may be used to adjust the extent of the Level A and Level B harassment zones and shutdown zones for in-water pile driving. NMFS must approve any such adjustments.
(c) Reporting. 8 Star Alaska must adhere to the following reporting requirements:
(1) 8 Star Alaska must submit interim monthly reports for all months in which pile driving or anchor handling occurs. Monthly reports are due 14 days after the conclusion of each calendar month. The monthly reports must include the following:
(i) Summary of marine mammal species and behavioral observation, delays, and activities completed.
(ii) Assessment of the amount of work (pile driving and anchor handling) remaining to be completed.
(iii) Number of Cook Inlet beluga whales observed within estimated harassment zones to date.
(2) 8 Star Alaska must submit a draft annual report to NMFS within 90 calendar days of the completion of construction (pile driving and anchor handling) each year. Each report must include an overall description of all work completed, a narrative regarding marine mammal sightings, and associated marine mammal observation data sheets (data must be submitted electronically in a format that can be queried such as a spreadsheet or database). Specifically, the report must include the following information:
(i) Date and time that monitored activity begins and ends;
(ii) Activities occurring during each observation period, including:
(A) The type of activity,
(B) The total duration of each type of activity,
(C) When nighttime operations were required,
(D) The number and type of piles that were driven and the method ( e.g., impact, vibratory), and
(E) Total duration of driving time for each pile (vibratory driving) and total number of strikes for each pile (impact driving);
(iii) PSO locations during marine mammal monitoring;
(iv) Environmental conditions during monitoring periods (at the beginning and end of the PSO shift and whenever conditions change significantly), including Beaufort sea state, tidal state, and any other relevant weather conditions, including cloud cover, fog, sun glare, overall visibility to the horizon, and estimated observable distance;
(v) Upon observation of a marine mammal:
(A) Name of PSO who sighted the animal(s);
(B) PSO location and activity at time of sighting;
(C) Time of sighting;
(D) Identification of the animal(s) ( e.g., genus/species, lowest possible taxonomic level, or unidentified);
(E) PSO confidence in identification and the composition of the group if there is a mix of species;
(F) Distance and location of each observed marine mammal relative to the tugs or pile being driven for each sighting;
(G) Estimated number of animals (min/max/best estimate);
(H) Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc. );
(I) Animal's closest point of approach and estimated time spent within the harassment zone;
(J) Description of any marine mammal behavioral observations ( e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses thought to have resulted from the activity ( e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);
(vi) Number of marine mammals detected within the harassment zones, by species; and
(vii) Detailed information about implementation of any mitigation ( e.g., shutdowns and delays), a description of specific actions that ensued, and resulting changes in behavior of the animal(s), if any.
(3) If no comments are received from NMFS within 30 days of receipt of the draft annual report, the report shall be considered final. If comments are received, 8 Star Alaska must submit a final report addressing NMFS' comments within 30 days following receipt of any NMFS comments on the draft reports.
(4) In the event that personnel involved in 8 Star Alaska's activities discover an injured or dead marine mammal, 8 Star Alaska must report the incident to NMFS Office of Protected Resources (OPR) and to the Alaska Regional Stranding Coordinator no later than 24 hours after the initial observation. If the death or injury was caused by the specified activity, 8 Star Alaska must immediately cease the specified activities until NMFS OPR is able to review the circumstances of the incident. 8 Star Alaska must not resume their activities until notified by NMFS. The report must include the following information:
(i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);
(ii) Species identification (if known) or description of the animal(s) involved;
(iii) Condition of the animal(s) (including carcass condition if the animal is dead);
(iv) Observed behaviors of the animal(s), if alive;
(v) If available, photographs or video footage of the animal(s); and
(vi) General circumstances under which the animal was discovered.
