[Federal Register: July 12, 2007 (Volume 72, Number 133)]
[Notices]
[Page 38061-38065]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy07-35]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XB13
Small Takes of Marine Mammals Incidental to Specified Activities;
Naval Explosive Ordnance Disposal School Training Operations at Eglin
Air Force Base, Florida
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application and proposed authorization for
incidental harassment of marine mammals; request for comments and
information.
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SUMMARY: NMFS has received a request from Eglin Air Force Base (EAFB)
for the take of marine mammals, by Level B harassment, incidental to
Naval Explosive Ordnance Disposal School (NEODS) Training Operations at
EAFB, Florida. Under the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to issue an incidental harassment
authorization (IHA) to the Air Force to take, by Level B harassment,
two species of cetaceans at EAFB beginning in October 2007. NMFS is
also requesting comments on its intent to promulgate regulations in
2007 governing the take of marine mammals over a 5-year period
incidental to the activities described herein. NMFS issued an IHA for
these activities in 2005 and 2006. No activities have occurred to date.
DATES: Comments and information must be received no later than August
13, 2007.
ADDRESSES: Comments on the application should be addressed to Michael
Payne, Chief, Permits, Conservation and Education Division, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910-3225. The mailbox address for
providing email comments is PR1.0648-XB13@noaa.gov. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size.
A copy of the application containing a list of the references used
in this document may be obtained by writing to the address specified
above, telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm
.
Documents cited in this notice may be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 144.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) if certain findings are made and regulations are issued or, if
the taking is limited to harassment, notice of a proposed authorization
is provided to the public for review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for certain subsistence uses,
and if the permissible methods of taking and requirements pertaining to
the mitigation, monitoring and reporting of such taking are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which citizens of the United States can apply for an
authorization to incidentally take of marine mammals by harassment.
With respect to military readiness activities, the MMPA defines
``harassment'' as:
(i) Any act that injures or has the significant potential to
injure a marine mammal or marine mammal stock in the wild [Level A
Harassment]; or (ii) any act that disturbs or is likely to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not
limited to, migration, surfacing, nursing, breeding, feeding, or
sheltering, to a point where such behavioral patterns are abandoned
or significantly altered [Level B Harassment].
[[Page 38062]]
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
marine mammals. Within 45 days of the close of the comment period, NMFS
must either issue or deny issuance of the authorization.
Summary of Request
On June 7, 2007, NMFS received an application from EAFB requesting
re-authorization for the harassment of Atlantic bottlenose dolphins
(Tursiops truncatus) and Atlantic spotted dolphins (Stenella frontalis)
incidental to NEODS training operations at EAFB, Florida, in the
northern Gulf of Mexico (GOM). Each of up to six missions per year
would include up to 5 live detonations of approximately 5-lb (2.27-kg)
net explosive weight charges to occur in approximately 60-ft (18.3-m)
deep water from one to three nm (1.9 to 5.6 km) off shore. Because this
activity will be a multi-year activity, NMFS also plans to develop
proposed regulations for NEODS training operations at EAFB.
Specified Activities
The mission of NEODS is to train personnel to detect, recover,
identify, evaluate, render safe, and dispose of unexploded ordnance
(UXO) that constitutes a threat to people, material, installations,
ships, aircraft, and operations. The NEODS proposes to utilize three
areas within the Eglin Gulf Test and Training Range (EGTTR), consisting
of approximately 86,000 mi\2\ (222,739 km\2\) within the GOM and the
airspace above, for Mine Countermeasures (MCM) detonations, which
involve mine-hunting and mine-clearance operations. The detonation of
small, live explosive charges disables the function of the mines, which
are inert for training purposes. The proposed training would occur
approximately one to three nautical miles (nm) (1.9 to 5.6 km) offshore
of Santa Rosa Island (SRI) six times annually, at varying times within
the year.
Each of the six training classes would include one or two ``Live
Demolition Days.'' During each set of Live Demolition Days, five inert
mines would be placed in a compact area on the sea floor in
approximately 60 ft (18.3 m) of water. Divers would locate the mines by
hand-held sonars. The AN/PQS-2A acoustic locator has a sound pressure
meter. Because output from these sound sources would attenuate to below
any current threshold for protected species within approximately 10-15
m, noise impacts are not anticipated and are not addressed further in
this analysis.
Five charges packed with five lbs (2.3 kg) of C-4 explosive
material will be set up adjacent to each of the mines. No more than
five charges will be detonated over the 2-day period. Detonation times
will begin no earlier than 2 hours after sunrise and end no later than
2 hours before dusk and charges utilized within the same hour period
will have a maximum separation time of 20 minutes. Mine shapes and
debris will be recovered and removed from the water when training is
completed. A more detailed description of the work proposed is
contained in the application which is available upon request (see
ADDRESSES).
Military Readiness Activity
NEODS supports the Naval Fleet by providing training to personnel
from all four armed services, civil officials, and military students
from over 70 countries. The NEODS facility supports the Department of
Defense Joint Service Explosive Ordnance Disposal training mission. The
Navy and the Marine Corps believe that the ability of Sailors and
Marines to detect, characterize, and neutralize mines from their
operating areas at sea, on the shore, and inland, is vital to their
doctrines.
The Navy believes that an array of transnational, rogue, and
subnational adversaries now pose the most immediate threat to American
interests. Because of their relative low cost and ease of use, mines
will be among the adversaries' weapons of choice in shallow-water
situations, and they will be deployed in an asymmetrical and
asynchronous manner. The Navy needs organic means to clear mines and
obstacles rapidly in three challenging environments: shallow water; the
surf zone; and the beach zone. The Navy also needs a capability for
rapid clandestine surveillance and reconnaissance of minefields and
obstacles in these environments. The NEODS mission in the GOM offshore
of EAFB is considered a military readiness activity pursuant to the
National Defense Authorization Act (NDAA)(Public Law 108-136).
Marine Mammals and Habitat Affected by the Activity
Marine mammal species that potentially occur within the EGTTR
include several species of cetaceans and the West Indian manatee. While
a few manatees may migrate from southern Florida to Louisiana in the
summer, they primarily inhabit coastal and inshore waters and rarely
venture offshore. Dwarf and pygmy sperm whales, while present in the
Gulf of Mexico, are pelagic species and not usually found close to
shore. NEODS missions are conducted one to three nm (5.6 km) from shore
and effects on manatees, dwarf, and pygmy sperm whales are therefore
considered very unlikely and not discussed further in this analysis.
Cetacean abundance estimates for the project area are derived from
GulfCet II aerial surveys conducted from 1996 to 1998 over a 70,470
km\2\ area, including nearly the entire continental shelf region of the
EGTTR, which extends approximately 9 nm (16.7 km) from shore. The dwarf
and pygmy sperm whales are not included in this analysis because their
potential for being found near the project site is remote. Although
Atlantic spotted dolphins do not normally inhabit nearshore waters,
they are included in the analysis to ensure conservative mitigation
measures are applied. The two marine mammal species expected to be
affected by these activities are the bottlenose dolphin (Tursiops
truncatus) and the Atlantic spotted dolphin (Stenella frontalis).
Descriptions of the biology and local distribution of these species can
be found in the application (see ADDRESSES for availability); other
sources such as Wursig et al. (2000), and the NMFS Stock Assessments,
can be viewed at: http://www.NMFS.noaa.gov/pr/PR2/Stock_Assessment_Program/sars.html
.
Atlantic Bottlenose Dolphins
Atlantic bottlenose dolphins are distributed worldwide in tropical
and temperate waters and occur in the slope, shelf, and inshore waters
of the GOM. Based on a combination of geography and ecological and
genetic research, Atlantic bottlenose dolphins have been divided into
many separate stocks within the GOM. The exact structure of these
stocks is complex and continues to be revised as research is completed.
According to the 2005 NOAA stock assessment report, bottlenose dolphins
inhabiting water less than 20 m (66 ft)deep are divided into 36
separate inshore or coastal stocks while animals in water 20-200 m (66
to 656 ft) deep constitute 3 continental shelf stocks. However, coastal
and continental shelf stocks may overlap. The proposed action would
occur on the ocean floor at a depth of approximately 60 ft (18 m) and,
therefore, has the potential to affect both the continental shelf and
coastal stocks. Activities are not expected to
[[Page 38063]]
affect the oceanic stock of bottlenose dolphins in the GOM.
Continental shelf stock assessments were estimated using data from
vessel surveys conducted between 1998 and 2001 (at 20- to 200-m (66- to
656-ft) depths). The minimum population estimate for the northern GOM
continental shelf stock of the Atlantic bottlenose dolphin is 20,414
(Waring et al., 2005).
Distinct inshore stocks are provisionally identified in each of 33
areas of contiguous, enclosed or semi-enclosed bodies of water adjacent
to the Gulf of Mexico (GOM) based on descriptions of relatively
discrete dolphin ``communities'' in some of these areas (Waring et al.,
2005). A ``community includes resident dolphins that regularly share
large portions of their ranges, exhibit similar distinct genetic
profiles, and interact with each other to a much greater extent than
with dolphins in adjacent waters (dolphins from different communities
do interbreed).'' The most recent inshore stock assessment surveys were
conducted aerially in 1993. Two bodies of water north of the project
area are thought to support distinct communities, the Pensacola Bay and
the Choctawhatchee Bay. Population size estimates for most of the
inshore stocks are greater than 8 years old and therefore the current
population size for each stock is considered unknown. Previous
abundance in Pensacola Bay and Choctawhatchee Bay was estimated as 33
and 242 animals, respectively.
Texas A&M University and NMFS conducted GulfCet II aerial surveys
in an area including the EGTTR from 1996 to 1998. Density estimates
were calculated using abundance data collected from the continental
shelf area of the EGTTR. In an effort to provide better species
conservation and protection, estimates were adjusted to incorporate
temporal and spatial variations, surface and submerged variations, and
overall density confidence. The adjusted density estimate for Atlantic
bottlenose dolphins within the project area is 0.810 individuals/km\2\.
A small number of dolphins could not be identified specifically as
Atlantic bottlenose or Atlantic spotted and their estimated density was
0.053 individuals/km\2\.
Atlantic Spotted Dolphins
Atlantic spotted dolphins are endemic to the tropical and warm
temperate waters of the Atlantic Ocean and can be found from the
latitude of Cape May, New Jersey south along mainland shores to
Venezuela, including the GOM and Lesser Antilles. In the GOM, Atlantic
spotted dolphins occur primarily in continental shelf waters 10 to 200
m (33 to 656 ft) deep out to continental slope waters less than 500 m
(1640.4 ft) deep. One recent study presents strong genetic support for
differentiation between GOM and western North Atlantic management
stocks, but the Gulf of Mexico stock has not yet been further
subdivided.
Abundance was estimated in the most recent assessment of the
northern GOM stock of the Atlantic spotted dolphin using combined data
from continental shelf surveys (20 to 200 m (66 to 656 ft) deep) and
oceanic surveys (200 m (656 ft)) to offshore extent of U.S. Exclusive
Economic Zone) conducted from 1996 to 2001. The minimum population
estimate for the northern GOM is 24,752 Atlantic spotted dolphins
(Waring et al., 2005).
Density estimates for the Atlantic spotted dolphin within the EGTTR
were calculated using abundance data collected during the GulfCet II
aerial surveys. In an effort to provide better species conservation and
protection, estimates were adjusted to incorporate temporal and spatial
variations, surface and submerged variations, and overall density
confidence. The adjusted density estimate for Atlantic spotted dolphins
within the project area is 0.677 individuals/km\2\. A small number of
dolphins could not be identified specifically as Atlantic bottlenose or
Atlantic spotted and their estimated density was 0.053 individuals/
km\2\.
Potential Effects of Activities on Marine Mammals
The primary potential impact to the Atlantic bottlenose and the
Atlantic spotted dolphins occurring in the EGTTR from the proposed
detonations is Level B harassment from noise. In the absence of any
mitigation or monitoring measures, there is a very small chance that a
marine mammal could be injured or killed when exposed to the energy
generated from an explosive force on the sea floor. However, NMFS
believes the proposed mitigation measures will preclude this
possibility in the case of this particular activity. Analysis of NEODS
noise impacts to cetaceans was based on criteria and thresholds
initially presented in U.S. Navy Environmental Impact Statements for
ship shock trials of the SEAWOLF submarine and the WINSTON CHURCHILL
vessel and subsequently adopted by NMFS.
Non-lethal injurious impacts (Level A Harassment) are defined in
EAFB's application and this proposed IHA as tympanic membrane (TM)
rupture and the onset of slight lung injury. The threshold for Level A
Harassment corresponds to a 50 percent rate of TM rupture, which can be
stated in terms of an energy flux density (EFD) value of 205 dB re 1
microPa2 s. TM rupture is well-correlated with permanent hearing
impairment (Ketten (1998) indicates a 30 percent incidence of permanent
threshold shift (PTS) at the same threshold). The zone of influence
(ZOI) (farthest distance from the source at which an animal is exposed
to the EFD level referred to) for the Level A Harassment threshold is
52 m (172 ft).
Level B (non-injurious) Harassment includes temporary (auditory)
threshold shift (TTS), a slight, recoverable loss of hearing
sensitivity. One criterion used for TTS is 182 dB re 1 microPa\2\ s
maximum EFD level in any 1/3-octave band above 100 Hz for toothed
whales (e.g., dolphins). The ZOI for this threshold is 230 m (754 ft).
A second criterion, 23 psi, has recently been established by NMFS to
provide a more conservative range for TTS when the explosive or animal
approaches the sea surface, in which case explosive energy is reduced,
but the peak pressure is not. The ZOI for 23 psi is 222 m (728 ft)
(NMFS will apply the more conservative of these two).
Level B Harassment also includes behavioral modifications resulting
from repeated noise exposures (below TTS) to the same animals (usually
resident) over a relatively short period of time. Threshold criteria
for this particular type of harassment are currently still being
considered. One recommendation is a level of 6 dB below TTS (see 69 FR
21816, April 22, 2004), which would be 176 dB re 1 microPa\2\s. Due,
however, to the infrequency of the detonations, the potential
variability in target locations, and the continuous movement of marine
mammals off the northern Gulf, NMFS believes that behavioral
modification from repeated exposures to the same animal is highly
unlikely.
Numbers of Marine Mammals Estimated to be Harassed
Estimates of the potential number of Atlantic bottlenose dolphins
and Atlantic spotted dolphins to be harassed by the training were
calculated using the number of distinct firing or test events (maximum
30 per year), the ZOI for noise exposure, and the density of animals
that potentially occur in the ZOI. The take estimates provided here do
not include mitigation measures, which are expected to further minimize
impacts to protected species and make injury or death highly unlikely.
The estimated number of Atlantic bottlenose dolphins and Atlantic
spotted dolphins potentially taken through exposure to the Level A
[[Page 38064]]
Harassment threshold (205 dB re 1 microPa\2\s), are less than one (0.21
and 0.18, respectively) annually.
For Level B Harassment, two separate criteria were established, one
expressed in dB re 1 microPa\2\s maximum EFD level in any 1/3-octave
band above 100 Hz, and one expressed in psi. The estimated numbers of
Atlantic bottlenose dolphins and Atlantic spotted dolphins potentially
taken through exposure to 182 dB are 3.96 and 3.30 individuals,
respectively. The estimated numbers potentially taken through exposure
to 23 psi are also 4 and 3 individuals, respectively.
Possible Effects of Activities on Marine Mammal Habitat
The Air Force anticipates no loss or modification to the habitat
used by Atlantic bottlenose dolphins or Atlantic spotted dolphins in
the EGTTR. The primary source of marine mammal habitat impact resulting
from the NEODS missions is noise, which is intermittent (maximum 30
times per year) and of limited duration. The effects of debris (which
will be recovered following test activities), ordnance, fuel, and
chemical residues were analyzed in the NEODS Biological Assessment and
the Air Force concluded that marine mammal habitat would not be
affected.
Proposed Mitigation and Monitoring
Mitigation will consist primarily of surveying and taking action to
avoid detonating charges when protected species are within the ZOI. A
trained, NMFS-approved observerwill be staged from the highest point
possible on a support ship and have proper lines of communication to
the Officer in Tactical Command. The survey area will be 460 m (1509
ft) in every direction from the target, which is twice the radius of
the ZOI for Level B Harassment (230 m (755 ft)). To ensure visibility
of marine mammals to observers, NEODS missions will be delayed if
whitecaps cover more than 50 percent of the surface or if the waves are
greater than 0.91 m (3 feet) (Beaufort Sea State 4).
Pre-mission monitoring will be used to evaluate the test site for
environmental suitability of the mission. Visual surveys will be
conducted two hours and one hour continuing to 5 minutes prior to the
mission to verify that the ZOI (230 m (755 ft)) is free of visually
detectable marine mammals and large schools of fish, and that the
weather is adequate to support visual surveys. The observer will plot
and record sightings, bearing, and time for all marine mammals
detected, which would allow the observer to determine if the animal is
likely to enter the test area during detonation. If a marine mammal
appears likely to enter the test area during detonation, if large
schools of fish are present, or if the weather is inadequate to support
monitoring, the observer will declare the range fouled and the tactical
officer will implement a hold until monitoring indicates that the test
area is and will remain clear of detectable marine mammals.
Monitoring of the test area will continue throughout the mission
until the last detonation is complete. The mission would be postponed
if:
(1) Any marine mammal is visually detected within the ZOI (230 m
(755 ft)). The delay would continue until the animal that caused the
postponement is confirmed to be outside the ZOI (visually observed
swimming out of the range).
(2) Any marine mammal is detected in the ZOI and subsequently is
not seen again. The mission would not continue until the last verified
location is outside of the ZOI and the animal is moving away from the
mission area.
(3) Large schools of fish are observed in the water within of the
ZOI. The delay would continue until large schools are confirmed to be
outside the ZOI.
In the event of a postponement, pre-mission monitoring would
continue as long as weather and daylight hours allow. If a charge
failed to explode, mitigation measures would continue while operations
personnel attempted to recognize and solve the problem (detonate the
charge).
Post-mission monitoring is designed to determine the effectiveness
of pre-mission mitigation by reporting any sightings of dead or injured
marine mammals. Post-detonation monitoring, concentrating on the area
down current of the test site, would commence immediately following
each detonation and continue for at least two hours after the last
detonation. The monitoring team would document and report to the
appropriate marine animal stranding network any marine mammals killed
or injured during the test and, if practicable, recover and examine any
dead animals. The species, number, location, and behavior of any
animals observed by the teams would be documented and reported to the
Officer in Tactical Command.
Reporting
The Air Force will notify NMFS 2 weeks prior to initiation of each
training session. Any takes of marine mammals other than those
authorized by the IHA, as well as any injuries or deaths of marine
mammals, will be reported to the Southeast Regional Administrator,
NMFS, within 24 hours. A summary of mission observations and test
results, including dates and times of detonations as well as pre- and
post-mission monitoring observations, will be submitted to the
Southeast Regional Office (NMFS) and to the Division of Permits,
Conservation, and Education, Office of Protected Resources (NMFS)
within 90 days after the completion of the last training session.
Endangered Species Act
In a Biological Opinion issued on October 25, 2004, NMFS concluded
that the NEODS training missions and their associated actions are not
likely to jeopardize the continued existence of threatened or
endangered species under the jurisdiction of NMFS or destroy or
adversely modify critical habitat that has been designated for those
species. NMFS has issued an incidental take statement (ITS) for sea
turtles pursuant to section 7 of the Endangered Species Act. The ITS
contains reasonable and prudent measures with implementing terms and
conditions to minimize the effects of this take. This proposed IHA
action is within the scope of the previously analyzed action and does
not change the action in a manner that was not considered previously.
National Environmental Policy Act
In 2005, NMFS prepared an Environmental Assessment (EA) on the
Issuance of Authorizations to Take Marine Mammals, by Harassment,
Incidental to Naval Explosive Ordnance Disposal School Training
Operations at Eglin Air Force Base, Florida, and subsequently issued a
Finding of No Significant Impact (FONSI). This proposed IHA action is
within the scope of the previously analyzed action and does not change
the action in a manner that was not considered previously. Therefore,
preparation of an EIS on this action is not required by section 102(2)
of the NEPA or its implementing regulations.
Preliminary Conclusions
NMFS proposes to issue an IHA to the USAF for the NEODS training
missions to take place at EAFB over a 1-year period. The proposal to
issue this IHA is contingent upon adherence to the previously mentioned
mitigation, monitoring, and reporting requirements. NMFS has
preliminarily determined that the impact of the NEODS training, which
entails up to six missions per year, including up to five live
detonations per mission of
[[Page 38065]]
approximately 5-lb (2.27 kg) net explosive weight charges to occur in
approximately 60-foot (18 m) deep water from one to three nm off shore,
will result in the Level B harassment of a few Atlantic bottlenose
dolphins and Atlantic spotted dolphins and; therefore, would have a
negligible impact on these marine mammal species and stocks. Dwarf and
pygmy sperm whales and manatees are unlikely to be found in the area
and, therefore, will not be affected. While behavioral modifications
may be made by Atlantic bottlenose dolphins and Atlantic spotted
dolphins to avoid the resultant acoustic stimuli, there is virtually no
possibility of injury or mortality when the potential density of
dolphins in the area and extent of mitigation and monitoring are taken
into consideration. The effects of the NEODS training are expected to
be limited to short-term and localized TTS-related behavioral changes.
Due to the infrequency and localized nature of these activities,
the estimated number of marine mammals, relative to the population
size, potentially taken by harassment is small (less than 0.0002
percent for each species, and perhaps 1-2 percent of an inshore stock
of bottlenose dolphin if one of them were harassed). In addition, no
take by injury and/or death is anticipated. No rookeries, mating
grounds, areas of concentrated feeding, or other areas of special
significance for marine mammals occur within or near the NEODS test
sites.
Information Solicited
NMFS requests interested persons to submit comments and information
concerning this request (see ADDRESSES). Concurrent with the
publication of this notice in the Federal Register, NMFS is forwarding
copies of this application to the Marine Mammal Commission and its
Committee of Scientific Advisors.
Dated: July 6, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E7-13424 Filed 7-11-07; 8:45 am]
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