Hilcorp must implement the following monitoring and reporting measures:

(a) Monitoring must be conducted by NMFS-approved PSOs during all activities for which take is authorized, in accordance with Hilcorp's Marine Mammal Monitoring and Mitigation Plan (which is included in appendix A of Hilcorp's application). PSOs must be independent of the activity contractor (e.g., employed by a subcontractor) and have no other assigned tasks during monitoring duties.

(b) A lead PSO must be designated for all specified activities. The lead PSO must have prior experience performing the duties of a PSO during in-water activities pursuant to a NMFS-issued incidental take authorization or letter of concurrence.

(c) PSOs must monitor for marine mammals from the best available vantage point, ideally an elevated stable platform from which the PSO has an unobstructed 360-degree view of the water or a total 360-degree view of water between all PSOs on watch. Monitoring must occur from 30 minutes before an activity commences to 30 minutes after the activity ceases.

(d) PSOs must use a combination of equipment to scan the appropriate monitoring area and to identify the relevant mitigation distance from an activity, including the naked eye, binoculars (minimum 7x50), and night vision devices for low light and nighttime operations.

(e) PSOs must be in communication with all rig or vessel captains via VHF radio and/or cell phones at all times and alert rig or vessel captains to all marine mammal sightings relative to the vessel location.

(f) PSOs may not work in shifts lasting more than 4 hours without a minimum of 1-hour break and may not be on watch more than 12 hours in a 24-hour period.

(g) Hilcorp must notify NMFS Office of Protected Resources (OPR) at least 48 hours prior to the start of the specified activities each year.

(h) Hilcorp must submit interim monthly monitoring reports on the 15th day of the month after any specified activities occurred. These reports must include a summary of marine mammal species and behavioral observations, delays, shutdowns, and activities completed during the reporting period. The reports also must include an assessment of the amount of work remaining for the year, in addition to the number of CIBWs observed within estimated Level B harassment zones during activities to date, and any instances where mitigation could not be implemented due to safety or pile instability/refusal concerns.

(i) Hilcorp must submit a draft annual summary monitoring report on all monitoring conducted during each project year which includes final electronic data sheets within 90 calendar days of the completion of marine mammal monitoring or 90 days prior to a requested date of issuance of any future incidental take authorization for projects at the same location, whichever comes first. A draft comprehensive 5-year summary report must also be submitted to NMFS within 90 days of the end of year 5 of the project. The reports must detail the monitoring protocol and summarize the data recorded during monitoring. If no comments are received from NMFS within 30 days of receipt of the draft reports, the report may be considered final. If comments are received, revised reports addressing NMFS comments must be submitted within 30 days after receipt of comments. At a minimum, the reports must contain:

(1) Dates and times (begin and end) of all marine mammal monitoring;

(2) Activities occurring during each daily observation period, including the type of activity (tugs under load with a jack-up rig, pile driving, anchor handling, pipe pulling), the total duration of each type of activity, when nighttime operations occurred (and if they did, whether night vision devices (NVDs) were employed, including which lenses were utilized), and whether towing against the tide was required;

(3) PSO locations during marine mammal monitoring;

(4) Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), Beaufort sea state, and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance; and

(5) Upon observation of a marine mammal, the following information must be collected and included in the annual and 5-year reports:

(i) Name of the PSO who sighted the animal, observer location, and activity at time of sighting;

(ii) Time of sighting;

(iii) Identification of the animal (e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species;

(iv) Distances and bearings of each marine mammal observed in relation to the vessel (e.g., tug, pipe lay barge) or pile being driven for each sighting (if pile driving was occurring at time of sighting);

(v) Estimated number of animals (min/max/best);

(vi) Estimated number of animals by cohort (adults, juveniles, neonates, group composition, etc.);

(vii) Animal's closest point of approach and estimated time spent within the harassment zone;

(viii) Description of any marine mammal behavioral observations (e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses to the activity (e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);

(ix) Detailed information about any implementation of any mitigation (e.g., shutdowns and delays), a description of specific actions that ensued, and resulting changes in the behavior of the animal, if any;

(x) All PSO datasheets and raw sightings data in electronic spreadsheet format; and

(xi) Any instances where mitigation could not be implemented due to safety or pile instability/refusal concerns.

(j) In the event that personnel involved in Hilcorp's activities discover an injured or dead marine mammal, Hilcorp must report the incident to NMFS OPR and the Alaska Regional Stranding Network as soon as feasible. If the death or injury was caused by a specified activity, Hilcorp must immediately cease the specified activity until NMFS is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the LOA. Hilcorp must not resume their activities until notified by NMFS. The report must include the following information:

(1) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);

(2) Species identification (if known) or description of the animal(s) involved;

(3) Condition of the animal(s) (including carcass condition if the animal is dead);

(4) Observed behaviors of the animal(s), if alive;

(5) If available, photographs or video footage of the animal(s); and

(6) General circumstances under which the animal was discovered.