Small Takes of Marine Mammals Incidental to Specified Activities; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air Force Base, Florida, 33122-33126 [05-11209]
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Federal Register / Vol. 70, No. 108 / Tuesday, June 7, 2005 / Notices
defined species’ level of extinction risk,
and identify factors that have led to its
decline. If it is determined that the
species’ survival is at risk, we then
assess existing efforts being made to
protect the species to determine if those
measures ameliorate the risks faced by
the species. As described above, the
BRT concluded that the defined species’
(the Georgia Basin DPS of Pacific
herring) survival is not at risk. It is not
necessary to assess whether protective
efforts reduce risks to a DPS that has
been determined to be viable.
Listing Determination
Informed by NMFS’ findings that: (1)
the spawning stocks of Pacific herring in
the Georgia Basin (including the marine
waters of Puget Sound, the Strait of
Georgia, and eastern Juan de Fuca Strait
in the United States and Canada)
constitute a DPS; and (2) the DPS is not
in danger of extinction or likely to
become endangered in the foreseeable
future throughout all or a significant
portion of its range, we conclude that
the Georgia Basin DPS of Pacific herring
does not warrant listing as threatened or
endangered under the ESA.
References
Copies of the BRT’s Status Review
Update report, the petition, and related
materials are available on the Internet at
https://www.nwr.noaa.gov, or upon
request (see ADDRESSES section above).
Authority: 16 U.S.C. 1531 et seq.
Dated: June 1, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 05–11210 Filed 6–6–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 031005B]
Small Takes of Marine Mammals
Incidental to Specified Activities; Naval
Explosive Ordnance Disposal School
Training Operations at Eglin Air Force
Base, Florida
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of application
and proposed authorization for
incidental harassment of marine
mammals; request for comments and
information.
AGENCY:
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SUMMARY: NMFS has received a request
from Eglin Air Force Base (EAFB) for
the take of small numbers of marine
mammals, by 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 authorize the Air Force to take, by
harassment, small numbers of two
species of cetaceans at EAFB beginning
in July 7, 2005.
DATES: Comments and information must
be received no later than July 7, 2005.
ADDRESSES: Comments on the
application should be addressed to
Steve Leathery, Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225. The mailbox address for
providing e-mail comments on this
action is PR1.031005B@noaa.gov. NMFS
is not responsible for e-mail comments
sent to addresses other than the one
provided here. Comments sent via email, including all attachments, must
not exceed a 10–megabyte file size.
Comments may also be submitted via
facsimile to (301) 427–2521. 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
(SEE FOR FURTHER INFORMATION
CONTACT) or online at: https://
www.nmfs.noaa.gov/protlres/PR1/
SmalllTake/
smalltakelinfo.htm#applications.
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,
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
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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 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)
amended the definition of ‘‘harassment’’
in section 18(A) of the MMPA 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 March 11, 2004, NMFS received
an application from EAFB, under
section 101(a)(5)(D) of the MMPA,
requesting authorization for the
harassment of small numbers 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–pound
(2.3–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.
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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
square miles within the GOM and the
airspace above, for Mine
Countermeasures (MCM) detonations,
which involve mine-hunting and mineclearance 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
level (SPL) of 178.5 re 1 microPascal @
1 meter and the Dukane Underwater
Acoustic Locator has a SPL of 157–160.5
re 1 microPascal @ 1 meter. Because
these sonar ranges are below any current
threshold for protected species, 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 two-day period. Detonation
times will begin no earlier than two
hours after sunrise and end no later than
two 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 for 2005 and 2006 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
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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 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 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 km2 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
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Wursig et al. (2000), and the NMFS
Stock Assessments, which can be
viewed at: https://www.NMFS.noaa.gov/
pr/PR2/StocklAssessmentlProgram/
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.
For now, bottlenose dolphins inhabiting
waters less than 20 m (66 ft) deep in the
U.S. GOM are believed to constitute 36
inshore or coastal stocks, and those
inhabiting waters from 20 to 200 m (66
to 656 ft) deep in the northern GOM
from the U.S.-Mexican border to the
Florida Keys are considered the
continental shelf stock (Waring et al.,
2004). 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 inshore stocks.
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., 2004). The potential for biological
removal (PBR), which is the ‘‘maximum
number of animals that may be removed
from a stock while allowing the stock to
maintain its optimal sustainable
population’’, of the continental shelf
stock is currently 204.
The most recent inshore stock
assessment surveys were conducted
aerially in 1993 and covered the area
from the shore or bay boundaries out to
9.3 km (5.0 nm) past the 18.3 m (60.0
nm) isobath (a slightly different area
than that defined as inshore in the more
recent stock assessment above). The
minimum population estimate of the
northern GOM coastal stock of the
Atlantic bottlenose dolphin was 3,518
dolphins and the PBR for this stock was
35 (Waring et al., 1997).
Texas A&M University and the 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
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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/km2. A small number of
dolphins could not be identified
specifically as Atlantic bottlenose or
Atlantic spotted and their estimated
density was 0.053 individuals/km2.
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.,
2004). The estimated PBR for this stock
is 248 dolphins.
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/km2. A small number of
dolphins could not be identified
specifically as Atlantic bottlenose or
Atlantic spotted and their estimated
density was 0.053 individuals/km2.
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. There
is a slight potential, absent mitigation,
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that small numbers of marine mammals
may be injured or killed due to the
energy generated from an explosive
force on the sea floor. 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 52.2 m (171.6
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 microPa2 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 229.8 m (754.0 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).
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 microPa2 s. Due to the
infrequency of the detonations, the
potential variability in target locations,
and the continuous movement of marine
mammals off the northern Gulf,
behavioral modification from repeated
exposures to the same animals is
considered highly unlikely.
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Numbers of Marine Mammals Expected
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
microPa2 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 microPa2 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
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.
Possible Effects of Activities on
Subsistence Needs
There are no subsistence uses for
Atlantic bottlenose dolphins or Atlantic
spotted dolphins in Gulf of Mexico
waters, and thus, there are no
anticipated effects on subsistence needs.
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
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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 five
minutes prior to the mission to verify
that the ZOI (230 m (755 ft)) is free of
visually detectable marine mammals,
sea turtles, large schools of fish, large
flocks of birds, large Sargassum mats, or
large concentrations of jellyfish 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 an animal
appears likely to enter the test area
during detonation, if marine mammals,
sea turtles, large schools of fish, large
flocks of birds, large Sargassum mats, or
large concentrations of jellyfish 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 or sea turtles.
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 or sea turtle
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 Sargassum rafts or large
concentrations of jellyfish are observed
within the ZOI. The delay would
continue until the Sargassum rafts or
jellyfish that caused the postponement
are confirmed to be outside of the ZOI
either due to the current and/or wind
moving them out of the mission area.
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(4) 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, premission 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 premission mitigation by reporting any
sightings of dead or injured marine
mammals or sea turtles. 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
or turtles 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, by the next working day. A
summary of mission observations and
test results, including dates and times of
detonations as well as pre- and postmission 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
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33125
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
NMFS is currently conducting an
analysis, pursuant to NEPA, to
determine whether or not this activity
may have a significant effect on the
human environment. A record of
decision will be issued prior to the
issuance or denial of this IHA.
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 5 live detonations
per mission of approximately 5–pound
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 harassment of small
numbers of Atlantic bottlenose dolphins
and Atlantic spotted dolphins; would
have no more negligible impact on these
marine mammal stocks; and would not
have an unmitigable adverse impact on
the availability of marine mammal
stocks for subsistence uses. 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 potentially
taken by harassment is small. 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
E:\FR\FM\07JNN1.SGM
07JNN1
33126
Federal Register / Vol. 70, No. 108 / Tuesday, June 7, 2005 / Notices
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: June 1, 2005.
Michael Payne,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 05–11209 Filed 6–6–05; 8:45 am]
BILLING CODE 3510–22–S
DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION
Notice of the 2005 Defense Base
Closure and Realignment
Commission—Open Meeting
Defense Base Closure and
Realignment Commission.
ACTION: Notice; 2005 Defense Base
Closure and Realignment Commission—
open meeting (Baltimore, MD).
AGENCY:
SUMMARY: Notice is hereby given that a
delegation of Commissioners of the 2005
Defense Base Closure and Realignment
Commission will hold an open meeting
on July 8, 2005, from 8:30 a.m. to 5 p.m.
at the Kraushaar Auditorium, Goucher
College, 1021 Dulaney Valley Road,
Baltimore, Maryland 21204. The
Commission requests that the public
consult the 2005 Defense Base Closure
and Realignment Commission Web site,
https://www.brac.gov, for updates.
The delegation will meet to receive
comment from Federal, state and local
government representatives and the
general public on base realignment and
closure actions in the District of
Columbia, Maryland, New Jersey,
Pennsylvania and Virginia that have
been recommended by the Department
of Defense (DoD). The purpose of this
regional meeting is to allow
communities experiencing a base
closure or major realignment action
(defined as loss of 300 civilian positions
or 400 military and civilian positions)
an opportunity to voice their concerns,
counter-arguments, and opinions in a
live public forum. This meeting will be
open to the public, subject to the
availability of space. The delegation will
not render decisions regarding the DoD
recommendations at this meeting, but
will gather information for later
deliberations by the Commission as a
whole.
DATES: July 8, 2005, from 8:30 a.m. to 5
p.m.
ADDRESSES: The Kraushaar Auditorium,
Goucher College, 1021 Dulaney Valley
Road, Baltimore, Maryland 21204.
VerDate jul<14>2003
20:54 Jun 06, 2005
Jkt 205001
FOR FURTHER INFORMATION CONTACT:
Please see the 2005 Defense Base
Closure and Realignment Commission
Web site, https://www.brac.gov. The
Commission invites the public to
provide direct comment by sending an
electronic message through the portal
provided on the Commission’s Web site
or by mailing comments and supporting
documents to the 2005 Defense Base
Closure and Realignment Commission,
2521 South Clark Street Suite 600,
Arlington, Virginia 22202–3920. The
Commission requests that public
comments be directed toward matters
bearing on the decision criteria
described in The Defense Base Closure
and Realignment Act of 1990, as
amended, available on the Commission
Web site. Sections 2912 through 2914 of
that Act describe the criteria and many
of the essential elements of the 2005
BRAC process. For questions regarding
this announcement, contact Mr. Dan
Cowhig, Deputy General Counsel and
Designated Federal Officer, at the
Commission’s mailing address or by
telephone at 703–699–2950 or 2708.
Dated: May 31, 2005.
Jeannette Owings-Ballard,
Administrative Support Officer.
[FR Doc. 05–11232 Filed 6–6–05; 8:45 am]
BILLING CODE 5001–06–P
DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION
Notice of the 2005 Defense Base
Closure and Realignment
Commission—Open Meeting
Defense Base Closure and
Realignment Commission.
ACTION: Notice; 2005 Defense Base
Closure and Realignment Commission—
open meeting (Charlotte, NC).
AGENCY:
SUMMARY: Notice is hereby given that a
delegation of Commissioners of the 2005
Defense Base Closure and Realignment
Commission will hold an open meeting
on June 28, 2005, from 1 p.m. to 5:30
p.m. at the Harris Conference Center,
Central Piedmont Community College
West Campus, 3216 CPCC West Campus
Drive, Charlotte, North Carolina 28208.
The Commission requests that the
public consult the 2005 Defense Base
Closure and Realignment Commission
Web site, https://www.brac.gov, for
updates.
The delegation will meet to receive
comment from Federal, State and local
government representatives and the
general public on base realignment and
closure actions in North Carolina and
South Carolina that have been
recommended by the Department of
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
Defense (DoD). The purpose of this
regional meeting is to allow
communities experiencing a base
closure or major realignment action
(defined as loss of 300 civilian positions
or 400 military and civilian positions)
an opportunity to voice their concerns,
counter-arguments, and opinions in a
live public forum. This meeting will be
open to the public, subject to the
availability of space. The delegation will
not render decisions regarding the DoD
recommendations at this meeting, but
will gather information for later
deliberations by the Commission as a
whole.
June 28, 2005, from 1 p.m. to
5:30 p.m.
ADDRESSES: The Harris Conference
Center, Central Piedmont Community
College West Campus, 3216 CPCC West
Campus Drive, Charlotte, North Carolina
28208.
FOR FURTHER INFORMATION CONTACT:
Please see the 2005 Defense Base
Closure and Realignment Commission
Web site, https://www.brac.gov. The
Commission invites the public to
provide direct comment by sending an
electronic message through the portal
provided on the Commission’s Web site
or by mailing comments and supporting
documents to the 2005 Defense Base
Closure and Realignment Commission,
2521 South Clark Street Suite 600,
Arlington, Virginia 22202–3920. The
Commission requests that public
comments be directed toward matters
bearing on the decision criteria
described in The Defense Base Closure
and Realignment Act of 1990, as
amended, available on the Commission
Web site. Sections 2912 through 2914 of
that Act describe the criteria and many
of the essential elements of the 2005
BRAC process. For questions regarding
this announcement, contact Mr. Dan
Cowhig, Deputy General Counsel and
Designated Federal Officer, at the
Commission’s mailing address or by
telephone at 703–699–2950 or 2708.
DATES:
Dated: May 31, 2005.
Jeannette Owings-Ballard,
Administrative Support Officer.
[FR Doc. 05–11233 Filed 6–6–05; 8:45 am]
BILLING CODE 5001–06–P
DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION
Notice of the 2005 Defense Base
Closure and Realignment
Commission—Open Meeting
Defense Base Closure and
Realignment Commission.
AGENCY:
E:\FR\FM\07JNN1.SGM
07JNN1
]]>Agencies
[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Notices]
[Pages 33122-33126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11209]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 031005B]
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 of receipt of application and proposed authorization for
incidental harassment of marine mammals; request for comments and
information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from Eglin Air Force Base (EAFB)
for the take of small numbers of marine mammals, by 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 authorize the
Air Force to take, by harassment, small numbers of two species of
cetaceans at EAFB beginning in July 7, 2005.
DATES: Comments and information must be received no later than July 7,
2005.
ADDRESSES: Comments on the application should be addressed to Steve
Leathery, 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 e-mail comments on this action is PR1.031005B@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. Comments may also be submitted
via facsimile to (301) 427-2521. 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 (SEE FOR FURTHER
INFORMATION CONTACT) or online at: https://www.nmfs.noaa.gov/prot_res/
PR1/Small_Take/smalltake_info.htm#applications. 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, 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
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) amended the definition of ``harassment'' in
section 18(A) of the MMPA 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 March 11, 2004, NMFS received an application from EAFB, under
section 101(a)(5)(D) of the MMPA, requesting authorization for the
harassment of small numbers 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-pound (2.3-
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.
[[Page 33123]]
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 square miles 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
level (SPL) of 178.5 re 1 microPascal @ 1 meter and the Dukane
Underwater Acoustic Locator has a SPL of 157-160.5 re 1 microPascal @ 1
meter. Because these sonar ranges are below any current threshold for
protected species, 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 two-day period. Detonation
times will begin no earlier than two hours after sunrise and end no
later than two 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
for 2005 and 2006 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
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 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 km2
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,
which can be viewed at: https://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.
For now, bottlenose dolphins inhabiting waters less than 20 m (66 ft)
deep in the U.S. GOM are believed to constitute 36 inshore or coastal
stocks, and those inhabiting waters from 20 to 200 m (66 to 656 ft)
deep in the northern GOM from the U.S.-Mexican border to the Florida
Keys are considered the continental shelf stock (Waring et al., 2004).
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 inshore stocks.
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., 2004). The potential for biological removal (PBR),
which is the ``maximum number of animals that may be removed from a
stock while allowing the stock to maintain its optimal sustainable
population'', of the continental shelf stock is currently 204.
The most recent inshore stock assessment surveys were conducted
aerially in 1993 and covered the area from the shore or bay boundaries
out to 9.3 km (5.0 nm) past the 18.3 m (60.0 nm) isobath (a slightly
different area than that defined as inshore in the more recent stock
assessment above). The minimum population estimate of the northern GOM
coastal stock of the Atlantic bottlenose dolphin was 3,518 dolphins and
the PBR for this stock was 35 (Waring et al., 1997).
Texas A&M University and the 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
[[Page 33124]]
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/km2.
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., 2004). The estimated PBR for this stock is 248
dolphins.
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/km2. A small number of
dolphins could not be identified specifically as Atlantic bottlenose or
Atlantic spotted and their estimated density was 0.053 individuals/km2.
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. There is a slight
potential, absent mitigation, that small numbers of marine mammals may
be injured or killed due to the energy generated from an explosive
force on the sea floor. 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
52.2 m (171.6 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 229.8 m (754.0
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).
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 microPa2 s. Due to
the infrequency of the detonations, the potential variability in target
locations, and the continuous movement of marine mammals off the
northern Gulf, behavioral modification from repeated exposures to the
same animals is considered highly unlikely.
Numbers of Marine Mammals Expected 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 microPa2 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
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.
Possible Effects of Activities on Subsistence Needs
There are no subsistence uses for Atlantic bottlenose dolphins or
Atlantic spotted dolphins in Gulf of Mexico waters, and thus, there are
no anticipated effects on subsistence needs.
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
[[Page 33125]]
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 five minutes prior to the mission to
verify that the ZOI (230 m (755 ft)) is free of visually detectable
marine mammals, sea turtles, large schools of fish, large flocks of
birds, large Sargassum mats, or large concentrations of jellyfish 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 an animal
appears likely to enter the test area during detonation, if marine
mammals, sea turtles, large schools of fish, large flocks of birds,
large Sargassum mats, or large concentrations of jellyfish 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 or sea turtles.
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 or sea turtle 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 Sargassum rafts or large concentrations of jellyfish are
observed within the ZOI. The delay would continue until the Sargassum
rafts or jellyfish that caused the postponement are confirmed to be
outside of the ZOI either due to the current and/or wind moving them
out of the mission area.
(4) 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 (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 or sea turtles. 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 or turtles 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, by the next working day. 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
NMFS is currently conducting an analysis, pursuant to NEPA, to
determine whether or not this activity may have a significant effect on
the human environment. A record of decision will be issued prior to the
issuance or denial of this IHA.
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 5 live detonations
per mission of approximately 5-pound 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 harassment of small numbers of Atlantic
bottlenose dolphins and Atlantic spotted dolphins; would have no more
negligible impact on these marine mammal stocks; and would not have an
unmitigable adverse impact on the availability of marine mammal stocks
for subsistence uses. 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 potentially taken by harassment
is small. 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
[[Page 33126]]
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: June 1, 2005.
Michael Payne,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 05-11209 Filed 6-6-05; 8:45 am]
BILLING CODE 3510-22-S
