Taking Marine Mammals Incidental to Specified Activities; Port Sutton Navigation Channel, Tampa Bay, FL, 48541-48545 [05-16392]
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Notices
Dated: August 11, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–4515 Filed 8–17–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No.: 050808218–5218–01]
Effect of the Propane Education and
Research Council’s Operation, Market
Changes and Federal Programs on
Propane Consumers
International Trade
Administration, Department of
Commerce.
ACTION: Notice of inquiry.
AGENCY:
SUMMARY: The Department of Commerce
(the Department) is seeking public
comment on whether the operation of
the Propane Education and Research
Council (PERC), in conjunction with the
cumulative effects of market changes
and Federal programs, has had an effect
on residential, agricultural, process and
nonfuel users of propane. This notice of
inquiry is part of an effort to collect
information to fulfill requirements
under the Propane Education and
Research Act of 1996 that established
PERC and requires the Secretary of
Commerce to assess the impact of
PERC’s activities on propane
consumers.
DATES: Comments on this notice must be
submitted on or before September 19,
2005.
ADDRESSES: You may submit comments
by any of the following methods:
E-mail: Shannon_Fraser@ita.doc.gov.
Include the phrase ‘‘Propane Price
Impacts on Consumers’’ in the subject
line;
Fax: (202) 482–0170 (Attn: Shannon
Fraser);
Mail or Hand Delivery/Courier:
Shannon Fraser, U.S. Department of
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20230.
FOR FURTHER INFORMATION CONTACT: For
questions on the submission of
comments or to request copies of
submitted comments, contact Shannon
Fraser by telephone at (202) 482–3609,
or e-mail at
Shannon_Fraser@ita.doc.gov.
SUPPLEMENTARY INFORMATION: The
Propane Education and Research Act of
1996 (Pub. L. 104–284) established the
Propane Education and Research
Council to enhance consumer and
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employee safety and training, to provide
for research and development of clean
and efficient propane utilization
equipment, and to inform and educate
the public about safety and other issues
associated with the use of propane.
Section 12 of the Act requires the
Secretary of Commerce to prepare and
submit to Congress and the Secretary of
Energy a report examining whether
operation of the Council, in conjunction
with the cumulative effects of market
changes and Federal programs, has had
an effect on propane consumers,
including residential, agriculture,
process, and nonfuel users of propane.
The Secretary of Commerce shall
consider and, to the extent practicable,
shall include in the report submissions
by propane consumers, and shall
consider whether: (1) There have been
long-term and short-term effects on
propane prices as a result of the
Council’s activities and Federal
programs; and (2) whether there have
been changes in the proportion of
propane demand attributable to various
market segments. If the Secretary of
Commerce concludes that there has
been an adverse effect related to the
Council’s activities, the Secretary of
Commerce shall make recommendations
for correcting the situation.
In order to assist in the preparation of
this study, the Department is seeking
public comment on the effect of PERC’s
operation, market changes and Federal
programs on propane consumers. For
information on the operation and
programs of PERC, you may visit PERC’s
Web site at https://
www.propanecouncil.org or call PERC at
(202) 452–8975.
The Department encourages interested
persons who wish to comment to do so
at the earliest possible time. The period
for submission of comments will close
on September 19, 2005. The Department
will consider all comments received
before the close of the comment period.
Comments received after the end of the
comment period will be considered if
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comments submitted in response to this
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must be submitted to the Department
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ADDRESSES.
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48541
The office does not maintain a
separate public inspection facility. If
you would like to view any comments
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please contact the individual listed in
FOR FURTHER INFORMATION CONTACT.
Joseph Bogosian,
Deputy Assistant Secretary for
Manufacturing.
[FR Doc. E5–4514 Filed 8–17–05; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 061405A]
Taking Marine Mammals Incidental to
Specified Activities; Port Sutton
Navigation Channel, Tampa Bay, FL
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of application
and proposed authorization for an
incidental take authorization; request
for comments.
AGENCY:
SUMMARY: NMFS has received a request
from the U.S. Army Corps of EngineersJacksonville District (Corps) for
authorizations to take marine mammals,
by harassment, incidental to expanding
and deepening the Port Sutton
Navigation Channel in Tampa Harbor,
FL (Port Sutton project). Under the
Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue a 1–year
Incidental Harassment Authorization
(IHA) to the Corps to incidentally take,
by harassment, bottlenose dolphins
(Tursiops truncatus) as a result of
conducting this activity and the Corps’
application for regulations.
DATES: Comments and information must
be received no later than September 19,
2005.
ADDRESSES: Comments on the
application should be addressed to
Steve Leathery, Chief, Permits,
Conservation and Education Division,
Office of Protected Species, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, Md
20910. The mailbox address for
providing e-mail comments on this
action is PR1.061405A@noaa.gov.
Comments sent via email, including all
attachments, must not exceed a 10–
megabyte file size. A copy of the
application containing a list of
references used in this document may
be obtained by writing to the address
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Notices
provided or by telephoning the contact
listed under the heading FOR FURTHER
INFORMATION CONTACT. Publications
referenced in this document are
available for viewing, by appointment
during regular business hours, at the
address provided here during this
comment period.
FOR FURTHER INFORMATION CONTACT:
Layne Bolen, NMFS, (301) 713–2289,
ext 117.
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) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization 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 subsistence uses,
and provided that the permissible
methods of taking and requirements
pertaining to the monitoring and
reporting of such takings 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. Except
with respect to certain activities not
pertinent here, the MMPA now defines
‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Subsection 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
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incidental harassment of small numbers
of marine mammals.
Summary of Request
On February 26, 2004, NMFS received
a request from the Corps for an
authorization to take bottlenose
dolphins incidental to using blasting
during enlargement of the Port Sutton
Navigation Channel, a part of the Tampa
Harbor Federal Navigation Project, in
the northern portion of Tampa Bay,
Hillsborough County, Florida. The
purpose of the project is to enlarge the
navigation channel to accommodate
larger vessels and incorporate an
additional channel segment into the
Federal channel. Completion of the
dredging project may employ blasting
and/or a clamshell or cutterhead dredge.
The dredging will remove
approximately 900,000 cubic yards of
material from the existing navigation
channel and extension. The Corps
proposes to widen the 3,930–ft (1,198–
m) long navigation channel to 290 feet
(88 m) bottom-width, deepen to 42 feet
(13 m) at mean low-low water (mllw),
and lengthen the channel to 6,195 ft
(1,888 m) in length with the previously
discussed dimensions. Material
removed from the dredging will be
placed in the existing upland dredged
material management area CMDA–2D.
The project is proposed to start in
March, 2006 and last approximately 18
months.
The Corps expects the contractor to
employ underwater confined blasting
and dredging to construct the project.
Blasting may have adverse impacts on
bottlenose dolphins and manatees
(Trichechus manatus latirostris)
inhabiting the area near or utilizing the
northern portion of Tampa Bay.
Dolphins and other marine mammals
have not been documented to be
directly affected by dredging activities
other than blasting.
While the Corps does not presently
have a blasting plan from the contractor,
which will specifically identify the
number of holes that will be drilled, the
amount of explosives that will be used
for each hole, the number of blasts per
day (usually no more than 3/day), or the
number of days the construction is
anticipated to take to complete, the
Corps submitted a description of a
completed project in San Juan Harbor,
Puerto Rico as an example. For that
project, the maximum weight of the
explosives used for each event was 375
lbs (170 kg) and the contractors
detonated explosives once or twice
daily from July 16 to September 9, for
a total of 38 individual detonations.
Normal practice is for each charge to be
placed approximately 5 - 10 ft (1.5 - 3
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m) deep within the rock substrate,
depending on how much rock needs to
be broken and how deep a channel
depth is authorized. The charges are
placed in the holes and tamped with
rock. Therefore, if the total explosive
weight needed is 375 lbs (170 kg) and
they have 10 holes, they would average
37.5 lbs (17.0 kgs)/hole. However, a
more likely weight for this project may
be only 90 lbs (41 kgs) total and,
therefore, 9 lbs (4.1 kg)/hole. Charge
weight and other determinations are
expected to be made by the Corps and
the contractor approximately 30–60
days prior to commencement of the
construction project. Because the charge
weight and other information is not
presently available, NMFS will require
the Corps to provide this information to
NMFS, including calculations for
impact/mitigation zones to protect
marine mammals from injury, prior to
commencing work. However, as
described later in this document,
mitigation measures will require the
Corps to limit detonations to the
minimum level necessary to accomplish
the task and the larger the charge
weight, the greater the safety zone that
will be required to protect marine
mammals.
Summary of Request for Regulations
While the Corps was coordinating
with NMFS on the application and
issuance of an IHA for the Miami
Turning Basin in early 2003 (see 68 FR
32016, May 29, 2003), the Corps
identified several additional Federal
navigation projects that might need
similar MMPA authorizations within
the next few years, if confined blasting
is used as a construction technique. To
ensure consistency across MMPA
authorizations for these dredging
projects, and efficiency for both
agencies, NMFS recommended that the
Corps apply for these authorizations
under section 101(a)(5)(A) of the
MMPA, instead of individually under
section 101(a)(5)(D) of the MMPA. This
request was received on December 1,
2003. At this time the Miami Turning
Basin project, the Alafia River project
(see 69 FR 29693, May 25, 2004) and
this project are proposed to be covered
by the section 101(a)(5)(A) rulemaking.
This rule, if implemented, and Letters of
Authorization (LOA) issued under that
rule, would replace the IHA process for
these activities in the Jacksonville
District. Each application for an LOA for
additional projects within the
Jacksonville District for confined
blasting within the District would
require separate public review and
comment, prior to issuance of an LOA.
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NMFS expects to start this rulemaking
shortly.
animals may enter the vicinity of the
channel.
Description of the Marine Mammals
Affected by the Activity
General information on marine
mammal species found off the east coast
of the United States can be found in
Waring et al. (2001, 2002). These reports
are available on the Internet at the
following location: https://
www.nmfs.noaa.gov/protlres/PR2/
StocklAssessmentlProgram/sars.html
Bottlenose dolphins and West Indian
manatees are the only marine mammal
species expected in the activity area.
However, take authorizations for
manatees are issued by the U.S. Fish
and Wildlife Service (USFWS) and are
not covered by this proposed IHA or any
future rulemaking for LOAs issued by
NMFS. Wang et al. (2002) provides the
following minimum population
estimates for the Gulf of Mexico
bottlenose dolphin stocks: outer shelf,
43,233; shelf and slope, 4,530; western
Gulf, 2,938; northern Gulf, 3,518;
eastern Gulf, 8,953; and Bay, Sound &
Estuarine waters, 3,933.
The best estimate is that the Tampa
Bay bottlenose dolphin population
(which includes any dolphins within
the Port Sutton project area) consists of
559 individuals (Wang et al., 2002).
Previous population estimates for
Tampa Bay include Wells et al. (1996),
Weigle (1990), Scott et al. (1989) Wells
(1986), Thompson (1981), and O’Dell
and Reynolds (1980). A monitoring
study of bottlenose dolphins in Tampa
Bay was conducted from 1988–1993.
The results of that study were published
in Wells et al. (1996). It is the most
recent study of those animals currently
available (R. Wells, pers. comm. to T.
Jordan, Corps, 2004). The study
identified a population size ranging
between 437 and 728 individuals
utilizing three different survey and
population estimation techniques. Some
of these animals have been shown to be
in the vicinity of the Port Sutton
channel. In a subsequent examination of
the data, Urian (2002) identified five
populations of bottlenose dolphins in
Tampa Bay. Neither the Corps nor
NMFS has determined if bottlenose
dolphins in the Tampa Bay area utilize
the Port Sutton channel directly. Wells
et al. (1996), shows animals in the
vicinity of the project area, but no
detailed information is provided
regarding area usage. The bottom of the
basin is rock and sand, and the walls of
the turning basin are vertical rock. The
Corps recognizes that while the Port
Sutton area may not be suitable habitat
for dolphins in Tampa Bay, based on
Urian’s (2002) findings it is likely that
Potential Effects on Marine Mammals
According to the Corps, bottlenose
dolphins and other marine mammals
have not been documented to be
directly affected by dredging activities
and therefore the Corps does not
anticipate any incidental harassment of
bottlenose dolphins by dredging.
However, potential impacts to marine
mammals from explosive detonations
include both lethal and non-lethal
injury, as well as Level B harassment.
Marine mammals may be killed or
injured as a result of an explosive
detonation due to the response of air
cavities in the body, such as the lungs
and bubbles in the intestines. Effects are
likely to be most severe in near-surface
waters where the reflected shock wave
creates a region of negative pressure
called ‘‘cavitation.’’ This is a region of
near total physical trauma within which
no animals would be expected to
survive. A second possible cause of
mortality or lethal injury is the onset of
extensive lung hemorrhage. Extensive
lung hemorrhage is considered
debilitating and potentially fatal.
Suffocation caused by lung hemorrhage
is likely to be the major cause of marine
mammal death from underwater shock
waves. The onset of extensive lung
hemorrhage for marine mammals will
vary depending upon the animal’s
weight, with the smallest mammals
having the greatest potential hazard
range.
NMFS has also established criteria for
determining non-lethal injury (Level A
harassment)and non-injurious
harassment (Level B harassment) from
underwater explosions (see 66 FR
22450, May 4, 2001). For non-lethal
injury from explosives the criteria are
established as the peak pressure that
will result in: (1) the onset of slight lung
hemorrhage, or (2) a 50–percent
probability level for a rupture of the
tympanic membrane. These are injuries
from which animals would be expected
to recover on their own.
Although each of the tamped charges
are fairly small (probably less than the
37 lbs (16.8 kg) per drilled hole used in
Puerto Rico) and detonation staggered to
reduce total pressure, the maximum
horizontal extent for mortality/lethal
injury and non-lethal injury (Level A
harassment), estimated based on the
total charge weight (375 lbs in the case
of Puerto Rico) would be less than 1875
ft (571 m) and 3750 ft (1143 m)
respectively. As these distances are
based on an open-water charge
calculation, and as stemmed/confined
blasts result in a significant decrease in
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48543
the strength of the pressure wave
released as compared to an open water
blast, the zones for mortality and nonserious injury would be significantly
less than these distances. As a result of
these small impact zones, the relatively
shallow waters for blasting, and the
nature of bottlenose dolphins to remain
in surface waters, the biological
monitoring (aerial- and vessel-based) is
expected to be effective in locating all
marine mammals prior to them entering
an area where injury or mortality might
result and thereby preventing any takes
by injury or mortality.
NMFS has also established dual
criteria for what constitutes Level B
acoustic harassment for all marine
mammals by large scale detonations: (1)
an energy-based temporary threshold
shift (TTS) from received sound levels
of 182 dB re 1 microPa2–sec cumulative
energy flux in any 1/3 octave band
above 100 Hz for odontocetes (derived
from experiments with bottlenose
dolphins (Ridgway et al., 1997;
Schlundt et al., 2000); and (2) 12 psi
peak pressure (cited by Ketten (1995) as
associated with a safe outer limit for
minimal, recoverable auditory trauma
(i.e., TTS)). Recently, Finneran et al.
(2002) found that TTS can be induced
from single impulses at a peak pressure
level of 160 kPa (23 psi), pk-pk
pressures of 226 dB re 1 microPa, and
total energy flux density of 186 dB re 1
mPa2–s (as tested in belugas).
Thresholds returned to within 2 dB of
the pre-exposure value approximately 4
minutes post exposure. However, no
masked TTS was observed in the single
bottlenose dolphin tested at the highest
exposure conditions: peak pressure of
207 kPa (30 psi), 228 dB re 1 microPa
pk-pk pressure, and 188 dB re 1 mPa2–
s total energy flux. NMFS considers this
conservative since a 23–psi pressure
level was below the level that induced
TTS in bottlenose dolphins. The Level
B harassment zone, therefore, is the
distance from the mortality/serious
injury zone to the radius where neither
of these criteria is exceeded.
Mitigation
The Corps proposes to establish and
monitor caution- and safety-zone radii
to ensure that bottlenose dolphins will
not be injured or killed during blasting
and that impacts will be at the lowest
level practicable. In the absence of
acoustic measurements of the shock and
pressure waves emanating from the
detonations (due to the high cost and
complex instrumentation needed), the
following equations have been proposed
by the Corps for blasting projects to
determine zones for injury or mortality
from an open water explosion and to
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Notices
assist the Corps in establishing
mitigation to reduce impacts to the
lowest level practicable. The equations,
based on Young (1991), are:
Caution Zone Radius (R) = 260 (W)1⁄3
Safety Zone Radius (R) = 520 (W)1⁄3
with radius (R) = 260 times or 520
times the cube root of the weight (W) of
the explosive charge where R = radius
of the zone in feet and W = weight of
the explosive charge in lbs/delay. The
Caution Zone represents the radius in
feet from the detonation beyond which
mortality would not be expected from
an open-water blast. The Safety Zone is
the approximate distance in feet beyond
which injury (Level A harassment) is
unlikely from an open-water explosion.
These zones will be used for
implementing mitigation measures to
protect both marine mammals and sea
turtles, although this activity area
apparently does not include known sea
turtle habitat.
These equations are believed to be
conservative because they are based on
(1) humans, who are more sensitive to
the effects from the pressure wave of the
detonation than are dolphins, and (2)
unconfined charges while the proposed
blasts in the Port Sutton channel will be
confined (stemmed) charges (i.e., placed
in a hole drilled in rock and tamped
with rock). Studies (e.g., Nedwell and
Thandavamoorthy, 1992) have shown
that stemmed/confined blasts have a
greater than 90 percent decrease in the
strength of the pressure wave released
as compared to an open water blast.
In the area where explosives are
required to obtain channel design depth
for each explosive charge, the Corps
proposes that detonation will not occur
if a marine mammal is sighted within
the Safety Zone by a member of the
marine mammal observer program.
Although the Caution Zone is
considered to be an area for potential
mortality, the Corps and NMFS believe
that because all explosive charges will
be stemmed, the true areas for potential
mortality and injury will be
significantly smaller than this area and,
therefore, for reasons mentioned
previously, it is unlikely that even nonserious injury will occur. This is
particularly true in this case, since
bottlenose dolphins are commonly
found on the surface of the water and
implementation of a mitigation/
monitoring program is unlikely to miss
bottlenose dolphins in such a small
area.
Additional mitigation measures that
will significantly lower potential
impacts to marine mammals (and sea
turtles) include: (1) confining the
explosives in a hole with drill patterns
restricted to a minimum of 8 ft (2.44 m)
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separation from any other loaded hole;
(2) restricting the hours of detonation
from 2 hours after sunrise to 1 hour
before sunset to ensure adequate
observation of marine mammals in the
safety zone; (3) staggering the
detonation for each explosive hole in
order to spread the explosive’s total
overpressure over time, which in turn
will reduce the radius of the caution
zone; (4) capping the hole containing
explosives with rock in order to reduce
the outward potential of the blast,
thereby reducing the chance of injuring
a dolphin or manatee; (5) matching, to
the extent possible, the energy needed
in the ‘‘work effort’’ of the borehole to
the rock mass to minimize excess energy
vented into the water column; and (6)
conducting a marine mammal watch
with no less than two qualified
observers from a small water craft and/
or an elevated platform on the
explosives barge, at least 30 minutes
before and continuing for 30 minutes
after each detonation to ensure that
there are no dolphins, manatees or sea
turtles in the area at the time of
detonation.
Monitoring Program
The Corps proposes to implement
aerial and vessel-based observer
monitoring programs. The vessel-based
observer program will take place in a
circular area at least three times the
radius of the above described Caution
Zone (called the watch zone).
Detonation will not occur if a marine
mammal or sea turtle is sighted within
the safety zone and will be delayed until
the animal(s) move(s) out of the safety
zone on its own volition. The aerial and
vessel-based marine mammal watch is
proposed to be conducted for at least a
half hour before and after the time of
each detonation.
Reporting
NMFS proposes to require the Corps
to submit a report of activities 120 days
before the expiration of the proposed
IHA if the proposed work has started.
This report will include the status of the
work being undertaken, marine
mammals sighted during the monitoring
period, any behavioral observations
conducted on bottlenose dolphins and
any delays in detonation due to marine
mammals being within the safety zone.
In the unlikely event a marine
mammal or sea turtle is injured or killed
during blasting, the Contractor shall
immediately notify the NMFS Southeast
Regional Office.
Endangered Species Act
Under section 7 of the ESA, the Corps
has determined that the Port Sutton
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blasting activities will have no effect on
listed species. This finding is supported
by documentation provided in the
Corps’ Port Sutton Environmental
Assessment (EA).
National Environmental Policy Act
The Corps prepared an EA on the
Navigation Study for Tampa Harbor-Port
Sutton Channel, Florida in September
2000 and made a finding of no
significant impact (FONSI)on October
11, 2000. In addition, NMFS completed
an EA and made a FONSI on the
impacts of blasting activities in Florida
waters on marine life, particularly
bottlenose dolphins. Therefore,
preparation of an EIS on this action is
not required by section 102(2) of the
NEPA or its implementing regulations.
A copy of the NMFS EA and FONSI are
available upon request (see ADDRESSES).
Preliminary Conclusions
NMFS has preliminarily determined
that the Corps’ proposed action,
including mitigation measures to protect
marine mammals, should result, at
worst, in the temporary modification in
behavior by small numbers of bottlenose
dolphins including temporarily vacating
the Port Sutton Channel area to avoid
the blasting activity and the potential
for minor visual and acoustic
disturbance from dredging and
detonations. This action is expected to
have a negligible impact on the affected
species or stock of marine mammals. In
addition, no take by injury or death is
anticipated, and harassment takes will
be at the lowest level practicable due to
incorporation of the mitigation
measures described in this document.
Proposed Authorization
NMFS proposes to issue an IHA to the
Corps for the harassment of small
numbers of bottlenose dolphins
incidental to expanding and deepening
the Port Sutton Channel in Tampa
Harbor, FL, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
NMFS has preliminarily determined
that the proposed activity would result
in the harassment of only small
numbers of bottlenose dolphins and will
have no more than a negligible impact
on this marine mammal stock.
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this proposed IHA and the
application for regulations request (see
ADDRESSES).
E:\FR\FM\18AUN1.SGM
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Notices
Dated: August 12, 2005.
P. Michael Payne,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 05–16392 Filed 8–17–05; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 081105D]
BILLING CODE 3510–22–S
North Pacific Fishery Management
Council; Public Meeting
DEPARTMENT OF COMMERCE
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of public meeting.
AGENCY:
National Oceanic and Atmospheric
Administration
[I.D. 081105A]
Mid-Atlantic Fishery Management
Council; Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Notice of public meeting.
SUMMARY: The Mid-Atlantic Fishery
Management Council’s Scientific and
Statistical Committee will hold a public
meeting.
Tuesday, August 30, 2005, from
10 a.m. to 4 p.m.
DATES:
Renaissance Philadelphia
Airport, 500 Stevens Drive,
Philadelphia, PA 19113; telephone 610–
521–5900.
Council address: Mid-Atlantic Fishery
Management Council, Room 2115, 300
S. New Street, Dover, DE 19904.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Daniel T. Furlong, Executive Director,
Mid-Atlantic Fishery Management
Council; telephone: 302–674–2331, ext.
19.
The
purpose of this meeting is to solicit the
Scientific and Statistical Committee’s
advice on technical information and
management support tools, as well as,
input on methods to acquire public
assistance in goal setting for ecosystem
based approaches to fisheries
management.
SUPPLEMENTARY INFORMATION:
Special Accommodations
SUMMARY: The Council/BOF Interim
Joint Protocol Committee will meet on
August 30, 2005, in Anchorage, AK.
DATES: August 30, 2005, 10:30 am to
5:30 pm.
ADDRESSES: Hawthorn Suites, Ltd, 1110
West 8th Avenue, Anchorage, AK 99501
Council address: North Pacific
Fishery Management Council, 605 W.
4th Ave., Suite 306, Anchorage, AK
99501–2252.
FOR FURTHER INFORMATION CONTACT:
Council staff, Phone: 907–271–2809.
SUPPLEMENTARY INFORMATION:
Dated: August 15, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E5–4512 Filed 8–17–05; 8:45 am]
BILLING CODE 3510–22–S
VerDate jul<14>2003
12:20 Aug 17, 2005
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(1) Approval of the previous meetings
minutes,
(2) Review of the State of Alaska’s
proposed pollock trawl fishery in the
Jude Island area, and
(3) Committee discussion and
recommendations for Council and Board
of Fisheries action.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Gail Bendixen at
907–271–2809 at least 7 working days
prior to the meeting date.
Dated: August 15, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E5–4513 Filed 8–17–05; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 081105C]
Pacific Fishery Management Council;
Ad Hoc Groundfish Habitat Technical
Review Committee Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
Frm 00031
Atmospheric Administration (NOAA),
Commerce.
ACTION:
Notice of public meetings.
SUMMARY: The Pacific Fishery
Management Council’s (Council) Ad
Hoc Groundfish Habitat Technical
Review Committee will hold a working
meeting on September 8–9. The meeting
is open to the public.
The Ad Hoc Groundfish Habitat
Technical Review Committee working
meeting will begin Thursday, September
8 at 8 a.m. and may go into the evening
or until business for the day is
completed. The meeting will reconvene
from 8 a.m. to 4 p.m. Friday, September
9.
DATES:
The meetings will be at the
following address: DoubleTree Hotel
Seattle Airport, Cascade 13, 18740
International Blvd., Seattle, WA 98188;
telephone 206–246–8600.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 200, Portland,
OR 97220–1384.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Agenda
BILLING CODE 3510–22–S
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Jan
Saunders (302–674–2331 ext: 18) at the
Council Office at least 5 days prior to
the meeting date.
48545
Fmt 4703
Sfmt 4703
Dr.
Christopher Dahl, NEPA Specialist,
503–820–2280.
The
purpose of the Ad Hoc Groundfish
Habitat Technical Review Committee
meeting is to provide a technical review
of the habitat suitability data used to
support alternatives and analyses in the
Pacific Coast Groundfish Fishery
Management Plan Essential Fish Habitat
Designation and Minimization of
Adverse Impacts Final Environmental
Impact Statement, currently in
preparation by National Marine
Fisheries Service. By holding a public
meeting, the committee will provide
opportunity for public participation in
the review process. The committee will
only consider technical and scientific
questions and will not engage in policy
discussions as part of its mission.
SUPPLEMENTARY INFORMATION:
Special Accommodations
The meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Ms. Carolyn Porter
at 503–820–2280 at least 7 days prior to
the meeting date.
Dated: August 15, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E5–4511 Filed 8–17–05; 8:45 am]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 70, Number 159 (Thursday, August 18, 2005)]
[Notices]
[Pages 48541-48545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16392]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 061405A]
Taking Marine Mammals Incidental to Specified Activities; Port
Sutton Navigation Channel, Tampa Bay, FL
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed authorization for
an incidental take authorization; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Army Corps of
Engineers-Jacksonville District (Corps) for authorizations to take
marine mammals, by harassment, incidental to expanding and deepening
the Port Sutton Navigation Channel in Tampa Harbor, FL (Port Sutton
project). Under the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to issue a 1-year Incidental
Harassment Authorization (IHA) to the Corps to incidentally take, by
harassment, bottlenose dolphins (Tursiops truncatus) as a result of
conducting this activity and the Corps' application for regulations.
DATES: Comments and information must be received no later than
September 19, 2005.
ADDRESSES: Comments on the application should be addressed to Steve
Leathery, Chief, Permits, Conservation and Education Division, Office
of Protected Species, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, Md 20910. The mailbox address for providing e-
mail comments on this action is PR1.061405A@noaa.gov. Comments sent via
email, including all attachments, must not exceed a 10-megabyte file
size. A copy of the application containing a list of references used in
this document may be obtained by writing to the address
[[Page 48542]]
provided or by telephoning the contact listed under the heading FOR
FURTHER INFORMATION CONTACT. Publications referenced in this document
are available for viewing, by appointment during regular business
hours, at the address provided here during this comment period.
FOR FURTHER INFORMATION CONTACT: Layne Bolen, NMFS, (301) 713-2289, ext
117.
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) within a specified geographical region if certain findings are
made and either regulations are issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization 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 subsistence uses, and provided that the permissible
methods of taking and requirements pertaining to the monitoring and
reporting of such takings 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. Except with respect to certain activities not pertinent
here, the MMPA now defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Subsection 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.
Summary of Request
On February 26, 2004, NMFS received a request from the Corps for an
authorization to take bottlenose dolphins incidental to using blasting
during enlargement of the Port Sutton Navigation Channel, a part of the
Tampa Harbor Federal Navigation Project, in the northern portion of
Tampa Bay, Hillsborough County, Florida. The purpose of the project is
to enlarge the navigation channel to accommodate larger vessels and
incorporate an additional channel segment into the Federal channel.
Completion of the dredging project may employ blasting and/or a
clamshell or cutterhead dredge. The dredging will remove approximately
900,000 cubic yards of material from the existing navigation channel
and extension. The Corps proposes to widen the 3,930-ft (1,198-m) long
navigation channel to 290 feet (88 m) bottom-width, deepen to 42 feet
(13 m) at mean low-low water (mllw), and lengthen the channel to 6,195
ft (1,888 m) in length with the previously discussed dimensions.
Material removed from the dredging will be placed in the existing
upland dredged material management area CMDA-2D. The project is
proposed to start in March, 2006 and last approximately 18 months.
The Corps expects the contractor to employ underwater confined
blasting and dredging to construct the project. Blasting may have
adverse impacts on bottlenose dolphins and manatees (Trichechus manatus
latirostris) inhabiting the area near or utilizing the northern portion
of Tampa Bay. Dolphins and other marine mammals have not been
documented to be directly affected by dredging activities other than
blasting.
While the Corps does not presently have a blasting plan from the
contractor, which will specifically identify the number of holes that
will be drilled, the amount of explosives that will be used for each
hole, the number of blasts per day (usually no more than 3/day), or the
number of days the construction is anticipated to take to complete, the
Corps submitted a description of a completed project in San Juan
Harbor, Puerto Rico as an example. For that project, the maximum weight
of the explosives used for each event was 375 lbs (170 kg) and the
contractors detonated explosives once or twice daily from July 16 to
September 9, for a total of 38 individual detonations. Normal practice
is for each charge to be placed approximately 5 - 10 ft (1.5 - 3 m)
deep within the rock substrate, depending on how much rock needs to be
broken and how deep a channel depth is authorized. The charges are
placed in the holes and tamped with rock. Therefore, if the total
explosive weight needed is 375 lbs (170 kg) and they have 10 holes,
they would average 37.5 lbs (17.0 kgs)/hole. However, a more likely
weight for this project may be only 90 lbs (41 kgs) total and,
therefore, 9 lbs (4.1 kg)/hole. Charge weight and other determinations
are expected to be made by the Corps and the contractor approximately
30-60 days prior to commencement of the construction project. Because
the charge weight and other information is not presently available,
NMFS will require the Corps to provide this information to NMFS,
including calculations for impact/mitigation zones to protect marine
mammals from injury, prior to commencing work. However, as described
later in this document, mitigation measures will require the Corps to
limit detonations to the minimum level necessary to accomplish the task
and the larger the charge weight, the greater the safety zone that will
be required to protect marine mammals.
Summary of Request for Regulations
While the Corps was coordinating with NMFS on the application and
issuance of an IHA for the Miami Turning Basin in early 2003 (see 68 FR
32016, May 29, 2003), the Corps identified several additional Federal
navigation projects that might need similar MMPA authorizations within
the next few years, if confined blasting is used as a construction
technique. To ensure consistency across MMPA authorizations for these
dredging projects, and efficiency for both agencies, NMFS recommended
that the Corps apply for these authorizations under section
101(a)(5)(A) of the MMPA, instead of individually under section
101(a)(5)(D) of the MMPA. This request was received on December 1,
2003. At this time the Miami Turning Basin project, the Alafia River
project (see 69 FR 29693, May 25, 2004) and this project are proposed
to be covered by the section 101(a)(5)(A) rulemaking. This rule, if
implemented, and Letters of Authorization (LOA) issued under that rule,
would replace the IHA process for these activities in the Jacksonville
District. Each application for an LOA for additional projects within
the Jacksonville District for confined blasting within the District
would require separate public review and comment, prior to issuance of
an LOA.
[[Page 48543]]
NMFS expects to start this rulemaking shortly.
Description of the Marine Mammals Affected by the Activity
General information on marine mammal species found off the east
coast of the United States can be found in Waring et al. (2001, 2002).
These reports are available on the Internet at the following location:
https://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/
sars.html
Bottlenose dolphins and West Indian manatees are the only marine
mammal species expected in the activity area. However, take
authorizations for manatees are issued by the U.S. Fish and Wildlife
Service (USFWS) and are not covered by this proposed IHA or any future
rulemaking for LOAs issued by NMFS. Wang et al. (2002) provides the
following minimum population estimates for the Gulf of Mexico
bottlenose dolphin stocks: outer shelf, 43,233; shelf and slope, 4,530;
western Gulf, 2,938; northern Gulf, 3,518; eastern Gulf, 8,953; and
Bay, Sound & Estuarine waters, 3,933.
The best estimate is that the Tampa Bay bottlenose dolphin
population (which includes any dolphins within the Port Sutton project
area) consists of 559 individuals (Wang et al., 2002). Previous
population estimates for Tampa Bay include Wells et al. (1996), Weigle
(1990), Scott et al. (1989) Wells (1986), Thompson (1981), and O'Dell
and Reynolds (1980). A monitoring study of bottlenose dolphins in Tampa
Bay was conducted from 1988-1993. The results of that study were
published in Wells et al. (1996). It is the most recent study of those
animals currently available (R. Wells, pers. comm. to T. Jordan, Corps,
2004). The study identified a population size ranging between 437 and
728 individuals utilizing three different survey and population
estimation techniques. Some of these animals have been shown to be in
the vicinity of the Port Sutton channel. In a subsequent examination of
the data, Urian (2002) identified five populations of bottlenose
dolphins in Tampa Bay. Neither the Corps nor NMFS has determined if
bottlenose dolphins in the Tampa Bay area utilize the Port Sutton
channel directly. Wells et al. (1996), shows animals in the vicinity of
the project area, but no detailed information is provided regarding
area usage. The bottom of the basin is rock and sand, and the walls of
the turning basin are vertical rock. The Corps recognizes that while
the Port Sutton area may not be suitable habitat for dolphins in Tampa
Bay, based on Urian's (2002) findings it is likely that animals may
enter the vicinity of the channel.
Potential Effects on Marine Mammals
According to the Corps, bottlenose dolphins and other marine
mammals have not been documented to be directly affected by dredging
activities and therefore the Corps does not anticipate any incidental
harassment of bottlenose dolphins by dredging. However, potential
impacts to marine mammals from explosive detonations include both
lethal and non-lethal injury, as well as Level B harassment. Marine
mammals may be killed or injured as a result of an explosive detonation
due to the response of air cavities in the body, such as the lungs and
bubbles in the intestines. Effects are likely to be most severe in
near-surface waters where the reflected shock wave creates a region of
negative pressure called ``cavitation.'' This is a region of near total
physical trauma within which no animals would be expected to survive. A
second possible cause of mortality or lethal injury is the onset of
extensive lung hemorrhage. Extensive lung hemorrhage is considered
debilitating and potentially fatal. Suffocation caused by lung
hemorrhage is likely to be the major cause of marine mammal death from
underwater shock waves. The onset of extensive lung hemorrhage for
marine mammals will vary depending upon the animal's weight, with the
smallest mammals having the greatest potential hazard range.
NMFS has also established criteria for determining non-lethal
injury (Level A harassment)and non-injurious harassment (Level B
harassment) from underwater explosions (see 66 FR 22450, May 4, 2001).
For non-lethal injury from explosives the criteria are established as
the peak pressure that will result in: (1) the onset of slight lung
hemorrhage, or (2) a 50-percent probability level for a rupture of the
tympanic membrane. These are injuries from which animals would be
expected to recover on their own.
Although each of the tamped charges are fairly small (probably less
than the 37 lbs (16.8 kg) per drilled hole used in Puerto Rico) and
detonation staggered to reduce total pressure, the maximum horizontal
extent for mortality/lethal injury and non-lethal injury (Level A
harassment), estimated based on the total charge weight (375 lbs in the
case of Puerto Rico) would be less than 1875 ft (571 m) and 3750 ft
(1143 m) respectively. As these distances are based on an open-water
charge calculation, and as stemmed/confined blasts result in a
significant decrease in the strength of the pressure wave released as
compared to an open water blast, the zones for mortality and non-
serious injury would be significantly less than these distances. As a
result of these small impact zones, the relatively shallow waters for
blasting, and the nature of bottlenose dolphins to remain in surface
waters, the biological monitoring (aerial- and vessel-based) is
expected to be effective in locating all marine mammals prior to them
entering an area where injury or mortality might result and thereby
preventing any takes by injury or mortality.
NMFS has also established dual criteria for what constitutes Level
B acoustic harassment for all marine mammals by large scale
detonations: (1) an energy-based temporary threshold shift (TTS) from
received sound levels of 182 dB re 1 microPa\2\-sec cumulative energy
flux in any 1/3 octave band above 100 Hz for odontocetes (derived from
experiments with bottlenose dolphins (Ridgway et al., 1997; Schlundt et
al., 2000); and (2) 12 psi peak pressure (cited by Ketten (1995) as
associated with a safe outer limit for minimal, recoverable auditory
trauma (i.e., TTS)). Recently, Finneran et al. (2002) found that TTS
can be induced from single impulses at a peak pressure level of 160 kPa
(23 psi), pk-pk pressures of 226 dB re 1 microPa, and total energy flux
density of 186 dB re 1 mPa\2\-s (as tested in belugas). Thresholds
returned to within 2 dB of the pre-exposure value approximately 4
minutes post exposure. However, no masked TTS was observed in the
single bottlenose dolphin tested at the highest exposure conditions:
peak pressure of 207 kPa (30 psi), 228 dB re 1 microPa pk-pk pressure,
and 188 dB re 1 mPa\2\-s total energy flux. NMFS considers this
conservative since a 23-psi pressure level was below the level that
induced TTS in bottlenose dolphins. The Level B harassment zone,
therefore, is the distance from the mortality/serious injury zone to
the radius where neither of these criteria is exceeded.
Mitigation
The Corps proposes to establish and monitor caution- and safety-
zone radii to ensure that bottlenose dolphins will not be injured or
killed during blasting and that impacts will be at the lowest level
practicable. In the absence of acoustic measurements of the shock and
pressure waves emanating from the detonations (due to the high cost and
complex instrumentation needed), the following equations have been
proposed by the Corps for blasting projects to determine zones for
injury or mortality from an open water explosion and to
[[Page 48544]]
assist the Corps in establishing mitigation to reduce impacts to the
lowest level practicable. The equations, based on Young (1991), are:
Caution Zone Radius (R) = 260 (W)\1/3\
Safety Zone Radius (R) = 520 (W)\1/3\
with radius (R) = 260 times or 520 times the cube root of the
weight (W) of the explosive charge where R = radius of the zone in feet
and W = weight of the explosive charge in lbs/delay. The Caution Zone
represents the radius in feet from the detonation beyond which
mortality would not be expected from an open-water blast. The Safety
Zone is the approximate distance in feet beyond which injury (Level A
harassment) is unlikely from an open-water explosion. These zones will
be used for implementing mitigation measures to protect both marine
mammals and sea turtles, although this activity area apparently does
not include known sea turtle habitat.
These equations are believed to be conservative because they are
based on (1) humans, who are more sensitive to the effects from the
pressure wave of the detonation than are dolphins, and (2) unconfined
charges while the proposed blasts in the Port Sutton channel will be
confined (stemmed) charges (i.e., placed in a hole drilled in rock and
tamped with rock). Studies (e.g., Nedwell and Thandavamoorthy, 1992)
have shown that stemmed/confined blasts have a greater than 90 percent
decrease in the strength of the pressure wave released as compared to
an open water blast.
In the area where explosives are required to obtain channel design
depth for each explosive charge, the Corps proposes that detonation
will not occur if a marine mammal is sighted within the Safety Zone by
a member of the marine mammal observer program.
Although the Caution Zone is considered to be an area for potential
mortality, the Corps and NMFS believe that because all explosive
charges will be stemmed, the true areas for potential mortality and
injury will be significantly smaller than this area and, therefore, for
reasons mentioned previously, it is unlikely that even non-serious
injury will occur. This is particularly true in this case, since
bottlenose dolphins are commonly found on the surface of the water and
implementation of a mitigation/ monitoring program is unlikely to miss
bottlenose dolphins in such a small area.
Additional mitigation measures that will significantly lower
potential impacts to marine mammals (and sea turtles) include: (1)
confining the explosives in a hole with drill patterns restricted to a
minimum of 8 ft (2.44 m) separation from any other loaded hole; (2)
restricting the hours of detonation from 2 hours after sunrise to 1
hour before sunset to ensure adequate observation of marine mammals in
the safety zone; (3) staggering the detonation for each explosive hole
in order to spread the explosive's total overpressure over time, which
in turn will reduce the radius of the caution zone; (4) capping the
hole containing explosives with rock in order to reduce the outward
potential of the blast, thereby reducing the chance of injuring a
dolphin or manatee; (5) matching, to the extent possible, the energy
needed in the ``work effort'' of the borehole to the rock mass to
minimize excess energy vented into the water column; and (6) conducting
a marine mammal watch with no less than two qualified observers from a
small water craft and/or an elevated platform on the explosives barge,
at least 30 minutes before and continuing for 30 minutes after each
detonation to ensure that there are no dolphins, manatees or sea
turtles in the area at the time of detonation.
Monitoring Program
The Corps proposes to implement aerial and vessel-based observer
monitoring programs. The vessel-based observer program will take place
in a circular area at least three times the radius of the above
described Caution Zone (called the watch zone). Detonation will not
occur if a marine mammal or sea turtle is sighted within the safety
zone and will be delayed until the animal(s) move(s) out of the safety
zone on its own volition. The aerial and vessel-based marine mammal
watch is proposed to be conducted for at least a half hour before and
after the time of each detonation.
Reporting
NMFS proposes to require the Corps to submit a report of activities
120 days before the expiration of the proposed IHA if the proposed work
has started. This report will include the status of the work being
undertaken, marine mammals sighted during the monitoring period, any
behavioral observations conducted on bottlenose dolphins and any delays
in detonation due to marine mammals being within the safety zone.
In the unlikely event a marine mammal or sea turtle is injured or
killed during blasting, the Contractor shall immediately notify the
NMFS Southeast Regional Office.
Endangered Species Act
Under section 7 of the ESA, the Corps has determined that the Port
Sutton blasting activities will have no effect on listed species. This
finding is supported by documentation provided in the Corps' Port
Sutton Environmental Assessment (EA).
National Environmental Policy Act
The Corps prepared an EA on the Navigation Study for Tampa Harbor-
Port Sutton Channel, Florida in September 2000 and made a finding of no
significant impact (FONSI)on October 11, 2000. In addition, NMFS
completed an EA and made a FONSI on the impacts of blasting activities
in Florida waters on marine life, particularly bottlenose dolphins.
Therefore, preparation of an EIS on this action is not required by
section 102(2) of the NEPA or its implementing regulations. A copy of
the NMFS EA and FONSI are available upon request (see ADDRESSES).
Preliminary Conclusions
NMFS has preliminarily determined that the Corps' proposed action,
including mitigation measures to protect marine mammals, should result,
at worst, in the temporary modification in behavior by small numbers of
bottlenose dolphins including temporarily vacating the Port Sutton
Channel area to avoid the blasting activity and the potential for minor
visual and acoustic disturbance from dredging and detonations. This
action is expected to have a negligible impact on the affected species
or stock of marine mammals. In addition, no take by injury or death is
anticipated, and harassment takes will be at the lowest level
practicable due to incorporation of the mitigation measures described
in this document.
Proposed Authorization
NMFS proposes to issue an IHA to the Corps for the harassment of
small numbers of bottlenose dolphins incidental to expanding and
deepening the Port Sutton Channel in Tampa Harbor, FL, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated. NMFS has preliminarily determined that the proposed
activity would result in the harassment of only small numbers of
bottlenose dolphins and will have no more than a negligible impact on
this marine mammal stock.
Information Solicited
NMFS requests interested persons to submit comments and information
concerning this proposed IHA and the application for regulations
request (see ADDRESSES).
[[Page 48545]]
Dated: August 12, 2005.
P. Michael Payne,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 05-16392 Filed 8-17-05; 8:45 am]
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