[Federal Register: October 16, 2006 (Volume 71, Number 199)]
[Notices]
[Page 60693-60697]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc06-21]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 071806C]
Incidental 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; issuance of an incidental harassment authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to Eglin Air Force Base
(EAFB) for the take of marine mammals, by Level B harassment only,
incidental to Naval Explosive Ordnance Disposal School (NEODS) training
operations at EAFB, Florida.
DATES: Effective from October 5, 2006, through October 4, 2007.
ADDRESSES: A copy of the IHA and the application are available by
writing 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, or by
telephoning the contact listed here. A copy of the application
containing a list of references used in this document may be obtained
by writing to this address, by telephoning the contact listed here (FOR
FURTHER INFORMATION CONTACT) or online 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: Jolie Harrison, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 166.
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,
[[Page 60694]]
upon request, the incidental, but not intentional taking of small
numbers of marine mammals by U.S. citizens who engage in a specified
activity (other than commercial fishing) within a specified
geographical region 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 no more than 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 subsistence uses, and that
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 small numbers of marine mammals by
harassment. The National Defense Authorization Act of 2004 (NDAA)
(Public Law 108-136) removed the ``small numbers'' limitation and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity'' to read as follows:
(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].
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
small numbers 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 May 2, 2006, NMFS received an application from EAFB requesting
re-authorization of their IHA for the harassment, by Level B harassment
only, 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 five live
detonations of approximately 10-lb (4.6-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 the relative low cost and ease of use of mines lends itself
to use by an array of transnational, rogue, and subnational adversaries
that now pose the most immediate threat to American interests and
because NEODS supports the Naval Fleet by providing training to
personnel from all four armed services, civil officials, and military
students from over 70 countries, this activity constitutes a ``military
readiness activity'' pursuant to Section 315(f) of the NDAA.
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 plans 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 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 hand-held acoustic locator has a sound
meter. Because output from these hand-held 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 is contained in the
application which is available upon request (see ADDRESSES).
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 as far north from southern Florida (where
there are generally confined in the winter) as Louisiana in the summer,
they primarily inhabit coastal and inshore waters and rarely venture
offshore. NEODS missions are conducted one to 3 nm (5.6 km) from shore
and effects on manatees 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,
NMFS has included them in the analysis to ensure conservative
mitigation measures are applied. The two marine mammal species expected
to be affected by these activities, whose status and distribution were
discussed in the proposed IHA (71 FR 43470; August 1, 2006), are the
bottlenose dolphin (Tursiops truncatus) and the Atlantic spotted
dolphin (Stenella frontalis). Further descriptions of the biology and
local distribution of these species can be found in the application
(see ADDRESSES); 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
.
[[Page 60695]]
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 planned
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 required 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 document 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
microPa \2\ 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 under
debate. 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.
However, due 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.
Comments and Responses
On August 1, 2006, NMFS published in the Federal Register a notice
of a proposed IHA for EAFB's request to take marine mammals incidental
to NEODS training exercises in the GOM, and requested comments
regarding this request (See 71 FR 43470). During the 30-day public
comment period, NMFS received comments from the Marine Mammal
Commission (Commission). In addition, NMFS received comments from one
member of the public who objected to the killing of marine mammals.
However, NMFS is not authorizing the killing of marine mammals and,
therefore, that comment is not addressed further.
Comment 1: The Commission recommends NMFS grant the requested
authorizations provided that Eglin AFB conduct all practicable
monitoring and mitigation measures to afford the potentially affected
marine mammal species adequate protection from serious and lethal
injury.
Response: NMFS believes that the IHA includes all practicable
monitoring and mitigation measures to avoid serious or lethal injury of
marine mammals, and we believe that they will be effective. The radius
around the site of the explosion where the animals could potentially be
injured is 52 m, and animals would have to be significantly closer than
that for the potential for serious injury or death to occur. MMOs will
be monitoring a 460-m radius area for the entire 15 minutes leading up
to the detonation and the operation will be postponed if animals are
seen within the 230-dB ZOI or if large schools of fish, which could
attract the delphinids, are seen within the ZOI.
Comment 2: The Commission recommends that NEODS training operations
be suspended immediately if a seriously injured or dead marine mammal
is found in the vicinity of the operations and the death or injury
could be attributable to the NEODS activities. Further,the Commission
recommends that any suspension should remain in place until NMFS has
(1) reviewed the situation and determined that further deaths or
serious injuries are unlikely to occur or (2) issued regulations
authorizing such takes under section 101(a)(5)(A) of the MMPA.
Response: NMFS concurs with the Commission's recommendation and
will include this provision in the IHA.
Comment 3: The Commission also resubmitted the identical comments
it submitted on the 2005 NEODS IHA.
Response: NMFS stated the Commission's concerns and addressed them
in the Federal Register notice announcing the issuance of the 2005 IHA
(70 FR 51341; August 30, 2005), and they may be referenced there.
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
Harassment threshold (205 dB re 1 microPa \2\ s), are less than one
(0.22 and 0.19, 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 4 and 3 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
NMFS 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.
[[Page 60696]]
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 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, one hour, and the entire 15 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 fish 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 (e.g., 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.
Additionally, in the unlikely event that a seriously injured or
dead marine mammal is found in the vicinity of the operations and the
death or injury could be attributable to the NEODS activities, training
operations will be suspended and NMFS contacted immediately. This
suspension would remain in place until the Service has (1) reviewed the
situation and determined that further deaths or serious injuries are
unlikely to occur or (2) issued regulations authorizing such takes
under section 101(a)(5)(A) of the MMPA.
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 NEODS
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 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 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 NEPA or its implementing
regulations.
Conclusions
NMFS has issued an IHA to the Air Force for the NEODS training
missions to take place at EAFB over a 1-year period. The issuance of
this IHA is contingent upon adherence to the previously mentioned
mitigation, monitoring, and reporting requirements. NMFS has determined
that the NEODS training, which entails up to six missions per year,
including up to five live detonations per mission of approximately 5-lb
(2.3 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 Atlantic bottlenose dolphins and Atlantic spotted
dolphins (less than 0.0002 percent of the population for each species,
and perhaps 1-2 percent of an inshore stock of bottlenose dolphin, if
one of them were harassed) and will have a negligible impact on these
marine mammal species and stocks. While behavioral modifications may be
made by Atlantic bottlenose dolphins and Atlantic spotted dolphins to
avoid the resultant acoustic stimuli, when the potential density of
dolphins in the area and the required mitigation and monitoring are
taken into consideration NMFS does expect any injury or mortality to
result. The effects of the NEODS training are expected to be limited to
short-term and localized
[[Page 60697]]
TTS-related behavioral changes. 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.
Authorization
As a result of these determinations, NMFS proposes to issue an IHA
to the Air Force for NEODS training operations at EAFB, Florida,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.
Dated: October 5, 2006.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E6-17127 Filed 10-13-06; 8:45 am]
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