Incidental Takes of Marine Mammals Incidental to Specified Activities; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air Force Base, Florida, 60693-60697 [E6-17127]
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Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices
substantial parts of the Record and the
views of the majority, we hold unlawful
the Commission’s findings as they are
unsupported by substantial evidence on
the record’’.
The panel has directed the Secretary
to issue a Notice of Final Panel Action
on the 11th day following the issuance
of the panel decision.
Dated: October 10, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6–17126 Filed 10–13–06; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
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Proposed Information Collection;
Comment Request; Allocation of
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This information collection will be
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may evaluate the capacity of the fire and
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60693
Dated: October 10, 2006.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E6–17068 Filed 10–13–06; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 071806C]
Incidental Takes of Marine Mammals
Incidental to Specified Activities; Naval
Explosive Ordnance Disposal School
Training Operations at Eglin Air Force
Base, Florida
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to Eglin Air Force Base (EAFB) for
the take of marine mammals, by Level
B harassment only, incidental to Naval
Explosive Ordnance Disposal School
(NEODS) training operations at EAFB,
Florida.
Effective from October 5, 2006,
through October 4, 2007.
ADDRESSES: A copy of the IHA and the
application are available by writing to
Michael Payne, Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by telephoning the
contact listed here. A copy of the
application containing a list of
references used in this document may
be obtained by writing to this address,
by telephoning the contact listed here
(FOR FURTHER INFORMATION CONTACT) or
online at: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm. Documents
cited in this notice may be viewed, by
appointment, during regular business
hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jolie
Harrison, Office of Protected Resources,
NMFS, (301) 713–2289, ext. 166.
SUPPLEMENTARY INFORMATION:
DATES:
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,
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Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices
upon request, the incidental, but not
intentional taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and regulations are issued or,
if the taking is limited to harassment,
notice of a proposed authorization is
provided to the public for review.
Authorization for incidental takings
may be granted if NMFS finds that the
taking will have no more than a
negligible impact on the species or
stock(s), will not have an unmitigable
adverse impact on the availability of the
species or stock(s) for subsistence uses,
and that the permissible methods of
taking and requirements pertaining to
the mitigation, monitoring and reporting
of such taking are set forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as:
an impact resulting from the specified
activity that cannot be reasonably expected
to, and is not reasonably likely to, adversely
affect the species or stock through effects on
annual rates of recruitment or survival.
Subsection 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals by harassment. The
National Defense Authorization Act of
2004 (NDAA) (Public Law 108–136)
removed the ‘‘small numbers’’
limitation and amended the definition
of ‘‘harassment’’ as it applies to a
‘‘military readiness activity’’ to read as
follows:
(i) any act that injures or has the significant
potential to injure a marine mammal or
marine mammal stock in the wild [Level A
Harassment]; or
(ii) any act that disturbs or is likely to
disturb a marine mammal or marine mammal
stock in the wild by causing disruption of
natural behavioral patterns, including, but
not limited to, migration, surfacing,nursing,
breeding, feeding, or sheltering, to a point
where such behavioral patterns are
abandoned or significantly altered [Level B
Harassment].
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Section 101(a)(5)(D) establishes a 45day time limit for NMFS review of an
application followed by a 30-day public
notice and comment period on any
proposed authorizations for the
incidental harassment of small numbers
of marine mammals. Within 45 days of
the close of the comment period, NMFS
must either issue or deny issuance of
the authorization.
Summary of Request
On May 2, 2006, NMFS received an
application from EAFB requesting reauthorization of their IHA for the
harassment, by Level B harassment
only, of Atlantic bottlenose dolphins
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(Tursiops truncatus) and Atlantic
spotted dolphins (Stenella frontalis)
incidental to NEODS training operations
at EAFB, Florida, in the northern Gulf
of Mexico (GOM). Each of up to six
missions per year would include up to
five live detonations of approximately
10–lb (4.6–kg) net explosive weight
charges to occur in approximately 60–ft
(18.3–m) deep water from one to three
nm (1.9 to 5.6 km) off shore.
Because the relative low cost and ease
of use of mines lends itself to use by an
array of transnational, rogue, and
subnational adversaries that now pose
the most immediate threat to American
interests and because NEODS supports
the Naval Fleet by providing training to
personnel from all four armed services,
civil officials, and military students
from over 70 countries, this activity
constitutes a ‘‘military readiness
activity’’ pursuant to Section 315(f) of
the NDAA.
Specified Activities
The mission of NEODS is to train
personnel to detect, recover, identify,
evaluate, render safe, and dispose of
unexploded ordnance (UXO) that
constitutes a threat to people, material,
installations, ships, aircraft, and
operations. The NEODS plans to utilize
three areas within the Eglin Gulf Test
and Training Range (EGTTR), consisting
of approximately 86,000 mi 2 (222,739
km 2) within the GOM and the airspace
above, for Mine Countermeasures
(MCM) detonations, which involve
mine-hunting and mine-clearance
operations. The detonation of small, live
explosive charges disables the function
of the mines, which are inert for training
purposes. The training would occur
approximately one to three nautical
miles (nm) (1.9 to 5.6 km) offshore of
Santa Rosa Island (SRI) six times
annually, at varying times within the
year.
Each of the six training classes would
include one or two ‘‘Live Demolition
Days.’’ During each set of Live
Demolition Days, five inert mines would
be placed in a compact area on the sea
floor in approximately 60 ft (18.3 m) of
water. Divers would locate the mines by
hand-held sonars. The AN/PQS–2A
hand-held acoustic locator has a sound
pressure level (SPL) of 178.5 re 1
µPascal @ 1 meter and the Dukane
Underwater Acoustic Locator has a SPL
of 157–160.5 re 1 µPascal @ 1 meter.
Because output from these hand-held
sound sources would attenuate to below
any current threshold for protected
species within approximately 10–15 m,
noise impacts are not anticipated and
are not addressed further in this
analysis.
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Five charges packed with five lbs (2.3
kg) of C–4 explosive material will be set
up adjacent to each of the mines. No
more than five charges will be detonated
over the 2-day period. Detonation times
will begin no earlier than 2 hours after
sunrise and end no later than 2 hours
before dusk and charges utilized within
the same hour period will have a
maximum separation time of 20
minutes. Mine shapes and debris will be
recovered and removed from the water
when training is completed. A more
detailed description of the work is
contained in the application which is
available upon request (see ADDRESSES).
Marine Mammals and Habitat Affected
by the Activity
Marine mammal species that
potentially occur within the EGTTR
include several species of cetaceans and
the West Indian manatee. While a few
manatees may migrate as far north from
southern Florida (where there are
generally confined in the winter) as
Louisiana in the summer, they primarily
inhabit coastal and inshore waters and
rarely venture offshore. NEODS
missions are conducted one to 3 nm (5.6
km) from shore and effects on manatees
are therefore considered very unlikely
and not discussed further in this
analysis.
Cetacean abundance estimates for the
project area are derived from GulfCet II
aerial surveys conducted from 1996 to
1998 over a 70,470 km 2 area, including
nearly the entire continental shelf
region of the EGTTR, which extends
approximately 9 nm (16.7 km) from
shore. The dwarf and pygmy sperm
whales are not included in this analysis
because their potential for being found
near the project site is remote. Although
Atlantic spotted dolphins do not
normally inhabit nearshore waters,
NMFS has included them in the
analysis to ensure conservative
mitigation measures are applied. The
two marine mammal species expected to
be affected by these activities, whose
status and distribution were discussed
in the proposed IHA (71 FR 43470;
August 1, 2006), are the bottlenose
dolphin (Tursiops truncatus) and the
Atlantic spotted dolphin (Stenella
frontalis). Further descriptions of the
biology and local distribution of these
species can be found in the application
(see ADDRESSES); other sources such as
Wursig et al. (2000), and the NMFS
Stock Assessments, can be viewed at:
https://www.NMFS.noaa.gov/pr/PR2/
StocklAssessmentlProgram/
sars.html.
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Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices
Potential Effects of Activities on Marine
Mammals
The primary potential impact to the
Atlantic bottlenose and the Atlantic
spotted dolphins occurring in the
EGTTR from the planned detonations is
Level B harassment from noise. In the
absence of any mitigation or monitoring
measures, there is a very small chance
that a marine mammal could be injured
or killed when exposed to the energy
generated from an explosive force on the
sea floor. However, NMFS believes the
required mitigation measures will
preclude this possibility in the case of
this particular activity. Analysis of
NEODS noise impacts to cetaceans was
based on criteria and thresholds initially
presented in U.S. Navy Environmental
Impact Statements for ship shock trials
of the SEAWOLF submarine and the
WINSTON CHURCHILL vessel and
subsequently adopted by NMFS.
Non-lethal injurious impacts (Level A
Harassment) are defined in EAFB’s
application and this document as
tympanic membrane (TM) rupture and
the onset of slight lung injury. The
threshold for Level A Harassment
corresponds to a 50–percent rate of TM
rupture, which can be stated in terms of
an energy flux density (EFD) value of
205 dB re 1 µPa 2 s. TM rupture is wellcorrelated with permanent hearing
impairment (Ketten (1998) indicates a
30–percent incidence of permanent
threshold shift (PTS) at the same
threshold). The zone of influence (ZOI)
(farthest distance from the source at
which an animal is exposed to the EFD
level referred to) for the Level A
Harassment threshold is 52 m (172 ft).
Level B (non-injurious) Harassment
includes temporary (auditory) threshold
shift (TTS), a slight, recoverable loss of
hearing sensitivity. One criterion used
for TTS is 182 dB re 1 µPa 2 s maximum
EFD level in any 1/3–octave band above
100 Hz for toothed whales (e.g.,
dolphins). The ZOI for this threshold is
230 m (754 ft). A second criterion, 23
psi, has recently been established by
NMFS to provide a more conservative
range for TTS when the explosive or
animal approaches the sea surface, in
which case explosive energy is reduced,
but the peak pressure is not. The ZOI for
23 psi is 222 m (728 ft) (NMFS will
apply the more conservative of these
two).
Level B Harassment also includes
behavioral modifications resulting from
repeated noise exposures (below TTS) to
the same animals (usually resident) over
a relatively short period of time.
Threshold criteria for this particular
type of harassment are currently still
under debate. One recommendation is a
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level of 6 dB below TTS (see 69 FR
21816, April 22, 2004), which would be
176 dB re 1 µPa 2 s. However, due to the
infrequency of the detonations, the
potential variability in target locations,
and the continuous movement of marine
mammals off the northern Gulf, NMFS
believes that behavioral modification
from repeated exposures to the same
animal is highly unlikely.
Comments and Responses
On August 1, 2006, NMFS published
in the Federal Register a notice of a
proposed IHA for EAFB’s request to take
marine mammals incidental to NEODS
training exercises in the GOM, and
requested comments regarding this
request (See 71 FR 43470). During the
30-day public comment period, NMFS
received comments from the Marine
Mammal Commission (Commission). In
addition, NMFS received comments
from one member of the public who
objected to the killing of marine
mammals. However, NMFS is not
authorizing the killing of marine
mammals and, therefore, that comment
is not addressed further.
Comment 1: The Commission
recommends NMFS grant the requested
authorizations provided that Eglin AFB
conduct all practicable monitoring and
mitigation measures to afford the
potentially affected marine mammal
species adequate protection from
serious and lethal injury.
Response: NMFS believes that the
IHA includes all practicable monitoring
and mitigation measures to avoid
serious or lethal injury of marine
mammals, and we believe that they will
be effective. The radius around the site
of the explosion where the animals
could potentially be injured is 52 m,
and animals would have to be
significantly closer than that for the
potential for serious injury or death to
occur. MMOs will be monitoring a 460–
m radius area for the entire 15 minutes
leading up to the detonation and the
operation will be postponed if animals
are seen within the 230–dB ZOI or if
large schools of fish, which could attract
the delphinids, are seen within the ZOI.
Comment 2: The Commission
recommends that NEODS training
operations be suspended immediately if
a seriously injured or dead marine
mammal is found in the vicinity of the
operations and the death or injury could
be attributable to the NEODS activities.
Further,the Commission recommends
that any suspension should remain in
place until NMFS has (1) reviewed the
situation and determined that further
deaths or serious injuries are unlikely to
occur or (2) issued regulations
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60695
authorizing such takes under section
101(a)(5)(A) of the MMPA.
Response: NMFS concurs with the
Commission’s recommendation and will
include this provision in the IHA.
Comment 3: The Commission also
resubmitted the identical comments it
submitted on the 2005 NEODS IHA.
Response: NMFS stated the
Commission’s concerns and addressed
them in the Federal Register notice
announcing the issuance of the 2005
IHA (70 FR 51341; August 30, 2005),
and they may be referenced there.
Numbers of Marine Mammals
Estimated To Be Harassed
Estimates of the potential number of
Atlantic bottlenose dolphins and
Atlantic spotted dolphins to be harassed
by the training were calculated using
the number of distinct firing or test
events (maximum 30 per year), the ZOI
for noise exposure, and the density of
animals that potentially occur in the
ZOI. The take estimates provided here
do not include mitigation measures,
which are expected to further minimize
impacts to protected species and make
injury or death highly unlikely.
The estimated number of Atlantic
bottlenose dolphins and Atlantic
spotted dolphins potentially taken
through exposure to the Level A
Harassment threshold (205 dB re 1 µPa 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 µPa 2 s maximum EFD level
in any 1/3–octave band above 100 Hz,
and one expressed in psi. The estimated
numbers of Atlantic bottlenose dolphins
and Atlantic spotted dolphins
potentially taken through exposure to
182 dB are 4 and 3 individuals,
respectively. The estimated numbers
potentially taken through exposure to 23
psi are also 4 and 3 individuals,
respectively.
Possible Effects of Activities on Marine
Mammal Habitat
NMFS anticipates no loss or
modification to the habitat used by
Atlantic bottlenose dolphins or Atlantic
spotted dolphins in the EGTTR. The
primary source of marine mammal
habitat impact resulting from the
NEODS missions is noise, which is
intermittent (maximum 30 times per
year) and of limited duration. The
effects of debris (which will be
recovered following test activities),
ordnance, fuel, and chemical residues
were analyzed in the NEODS Biological
Assessment and the Air Force
concluded that marine mammal habitat
would not be affected.
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Mitigation and Monitoring
Mitigation will consist primarily of
surveying and taking action to avoid
detonating charges when protected
species are within the ZOI. A trained,
NMFS-approved observerwill be staged
from the highest point possible on a
support ship and have proper lines of
communication to the Officer in
Tactical Command. The survey area will
be 460 m (1509 ft) in every direction
from the target, which is twice the
radius of the ZOI for Level B
Harassment (230 m (755 ft)). To ensure
visibility of marine mammals to
observers, NEODS missions will be
delayed if whitecaps cover more than 50
percent of the surface or if the waves are
greater than 3 feet (Beaufort Sea State 4).
Pre-mission monitoring will be used
to evaluate the test site for
environmental suitability of the
mission. Visual surveys will be
conducted two hours, one hour, and the
entire 15 minutes prior to the mission
to verify that the ZOI (230 m (755 ft))
is free of visually detectable marine
mammals and large schools of fish, and
that the weather is adequate to support
visual surveys. The observer will plot
and record sightings, bearing, and time
for all marine mammals detected, which
would allow the observer to determine
if the animal is likely to enter the test
area during detonation. If a marine
mammal appears likely to enter the test
area during detonation, if large schools
of fish are present, or if the weather is
inadequate to support monitoring, the
observer will declare the range fouled
and the tactical officer will implement
a hold until monitoring indicates that
the test area is and will remain clear of
detectable marine mammals.
Monitoring of the test area will
continue throughout the mission until
the last detonation is complete. The
mission would be postponed if:
(1) Any marine mammal is visually
detected within the ZOI (230 m (755 ft)).
The delay would continue until the
animal that caused the postponement is
confirmed to be outside the ZOI
(visually observed swimming out of the
range).
(2) Any marine mammal is detected in
the ZOI and subsequently is not seen
again. The mission would not continue
until the last verified location is outside
of the ZOI and the animal is moving
away from the mission area.
(3) Large schools of fish are observed
in the water within of the ZOI. The
delay would continue until large fish
schools are confirmed to be outside the
ZOI.
In the event of a postponement, premission monitoring would continue as
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long as weather and daylight hours
allow. If a charge failed to explode,
mitigation measures would continue
while operations personnel attempted to
recognize and solve the problem (e.g.,
detonate the charge).
Post-mission monitoring is designed
to determine the effectiveness of premission mitigation by reporting any
sightings of dead or injured marine
mammals. Post-detonation monitoring,
concentrating on the area down current
of the test site, would commence
immediately following each detonation
and continue for at least two hours after
the last detonation. The monitoring
team would document and report to the
appropriate marine animal stranding
network any marine mammals killed or
injured during the test and, if
practicable, recover and examine any
dead animals. The species, number,
location, and behavior of any animals
observed by the teams would be
documented and reported to the Officer
in Tactical Command.
Additionally, in the unlikely event
that a seriously injured or dead marine
mammal is found in the vicinity of the
operations and the death or injury could
be attributable to the NEODS activities,
training operations will be suspended
and NMFS contacted immediately. This
suspension would remain in place until
the Service has (1) reviewed the
situation and determined that further
deaths or serious injuries are unlikely to
occur or (2) issued regulations
authorizing such takes under section
101(a)(5)(A) of the MMPA.
Reporting
The Air Force will notify NMFS 2
weeks prior to initiation of each training
session. Any takes of marine mammals
other than those authorized by the IHA,
as well as any injuries or deaths of
marine mammals, will be reported to
the Southeast Regional Administrator,
NMFS, within 24 hours. A summary of
mission observations and test results,
including dates and times of
detonations as well as pre- and 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
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adversely modify critical habitat that
has been designated for those species.
NMFS has issued an incidental take
statement (ITS) for NEODS for sea
turtles pursuant to section 7 of the
Endangered Species Act. The ITS
contains reasonable and prudent
measures with implementing terms and
conditions to minimize the effects of
this take. This IHA action is within the
scope of the previously analyzed action
and does not change the action in a
manner that was not considered
previously.
National Environmental Policy Act
In 2005, NMFS prepared an
Environmental Assessment (EA) on the
Issuance of Authorizations to Take
Marine Mammals, by Harassment,
Incidental to Naval Explosive Ordnance
Disposal School Training Operations at
Eglin Air Force Base, Florida, and
subsequently issued a Finding of No
Significant Impact (FONSI). This IHA
action is within the scope of the
previously analyzed action and does not
change the action in a manner that was
not considered previously. Therefore,
preparation of an EIS on this action is
not required by NEPA or its
implementing regulations.
Conclusions
NMFS has issued an IHA to the Air
Force for the NEODS training missions
to take place at EAFB over a 1-year
period. The issuance of this IHA is
contingent upon adherence to the
previously mentioned mitigation,
monitoring, and reporting requirements.
NMFS has determined that the NEODS
training, which entails up to six
missions per year, including up to five
live detonations per mission of
approximately 5–lb (2.3 kg) net
explosive weight charges to occur in
approximately 60–foot (18 m) deep
water from one to three nm off shore,
will result in the Level B harassment of
Atlantic bottlenose dolphins and
Atlantic spotted dolphins (less than
0.0002 percent of the population for
each species, and perhaps 1–2 percent
of an inshore stock of bottlenose
dolphin, if one of them were harassed)
and will have a negligible impact on
these marine mammal species and
stocks. While behavioral modifications
may be made by Atlantic bottlenose
dolphins and Atlantic spotted dolphins
to avoid the resultant acoustic stimuli,
when the potential density of dolphins
in the area and the required mitigation
and monitoring are taken into
consideration NMFS does expect any
injury or mortality to result. The effects
of the NEODS training are expected to
be limited to short-term and localized
E:\FR\FM\16OCN1.SGM
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Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices
TTS-related behavioral changes. No
rookeries, mating grounds, areas of
concentrated feeding, or other areas of
special significance for marine
mammals occur within or near the
NEODS test sites.
Authorization
As a result of these determinations,
NMFS proposes to issue an IHA to the
Air Force for NEODS training operations
at EAFB, Florida, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: October 5, 2006.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E6–17127 Filed 10–13–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 101006D]
Gulf of Mexico Fishery Management
Council; Public Meeting
Special Accommodations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: The Gulf of Mexico Fishery
Management Council will convene one
public meeting of the Ad Hoc Shrimp
Effort Working Group (SEWG).
DATES: The SEWG meeting will convene
at 9 a.m. on Thursday, November 2,
2006 and conclude no later than 3 p.m.
on Friday, November 3, 2006.
ADDRESSES: The meeting will be held at
the NMFS Galveston Laboratory,
Building 216, 4700 Avenue U,
Galveston, TX.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607.
FOR FURTHER INFORMATION CONTACT:
Assane Diagne, Economist, telephone:
(813) 348–1630.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico Fishery Management Council
(Council) will convene one meeting of
the Ad Hoc Shrimp Effort Working
Group (SEWG) to evaluate shrimp effort
in the Exclusive Economic Zone (EEZ)
of the Gulf of Mexico. The working
group, appointed by the Council during
its March 2006, regular meeting, is
charged with providing the Council
with alternatives for determining the
VerDate Aug<31>2005
16:16 Oct 13, 2006
Jkt 211001
appropriate level of effort in the shrimp
fishery in the EEZ. The group will also
discuss the level of effort necessary to
achieve optimum yield in the shrimp
fishery and what level of effort would
derive the maximum benefits of that
fishery. The SEWG includes fishery
biologists, economists and others
knowledgeable about shrimp effort in
the Gulf of Mexico.
Although other non-emergency issues
not on the agenda may come before the
SEWG for discussion, in accordance
with the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), those issues
may not be the subject of formal action
during this meeting. Actions of the
SEWG will be restricted to those issues
specifically identified in the agenda and
any issues arising after publication of
this notice that require emergency
action under Section 305(c) of the
Magnsuon-Stevens Act, provided the
public has been notified of the Council’s
intent to take action to address the
emergency.
Copies of the agenda can be obtained
by calling (813) 348–1630.
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Tina
Trezza at the Council (see ADDRESSES) at
least 5 working days prior to the
meeting.
Dated: October 11, 2006.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–17074 Filed 10–13–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 101006C]
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
SUMMARY: The Gulf of Mexico Fishery
Management Council (Council) to
convene a workgroup of its
Socioeconomic Panel (SEP) via
conference call.
DATES: The conference call will be held
November 2, 2006, at 11 a.m. EDT.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
60697
The meeting will be held
via conference call and listening
stations will be available. For specific
locations see SUPPLEMENTARY
INFORMATION.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Assane Diagne, Economist, Gulf of
Mexico Fishery Management Council;
telephone: (813) 348–1630.
The
conference call will begin at 11 a.m.
EDT and conclude no later than 1 p.m.
EDT. Listening stations are available at
the following locations:
The Gulf Council office (see
ADDRESSES), and
The National Marine Fisheries Service
office, 263 13th Avenue South, St.
Petersburg, FL 33701; Contact: Stephen
Holiman, (727) 551–5719.
The SEP workgroup will hold a
conference call to discuss methods and
data needed to evaluate total allowable
catch (TAC) allocations between the
recreational and commercial sectors.
Although other non-emergency issues
not on the agenda may come before the
SEP workgroup for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), those
issues may not be the subject of formal
action during the meeting. Actions will
be restricted to the issue specifically
identified in the agenda and any issues
arising after publication of this notice
that require emergency action under
Section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the SEP workgroup’s intent
to take action to address the emergency.
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 Tina Trezza at the
Council (see ADDRESSES) at least 5
working days prior to the meeting.
Dated: October 11, 2006.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–17075 Filed 10–13–06; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60693-60697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17127]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 071806C]
Incidental Takes of Marine Mammals Incidental to Specified
Activities; Naval Explosive Ordnance Disposal School Training
Operations at Eglin Air Force Base, Florida
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to Eglin Air Force Base
(EAFB) for the take of marine mammals, by Level B harassment only,
incidental to Naval Explosive Ordnance Disposal School (NEODS) training
operations at EAFB, Florida.
DATES: Effective from October 5, 2006, through October 4, 2007.
ADDRESSES: A copy of the IHA and the application are available by
writing to Michael Payne, Chief, Permits, Conservation, and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by
telephoning the contact listed here. A copy of the application
containing a list of references used in this document may be obtained
by writing to this address, by telephoning the contact listed here (FOR
FURTHER INFORMATION CONTACT) or online at: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm. Documents cited in this notice may be viewed,
by appointment, during regular business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 166.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow,
[[Page 60694]]
upon request, the incidental, but not intentional taking of small
numbers of marine mammals by U.S. citizens who engage in a specified
activity (other than commercial fishing) within a specified
geographical region if certain findings are made and regulations are
issued or, if the taking is limited to harassment, notice of a proposed
authorization is provided to the public for review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have no more than a negligible impact on the
species or stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses, and that
the permissible methods of taking and requirements pertaining to the
mitigation, monitoring and reporting of such taking are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which citizens of the United States can apply for an
authorization to incidentally take small numbers of marine mammals by
harassment. The National Defense Authorization Act of 2004 (NDAA)
(Public Law 108-136) removed the ``small numbers'' limitation and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity'' to read as follows:
(i) any act that injures or has the significant potential to
injure a marine mammal or marine mammal stock in the wild [Level A
Harassment]; or
(ii) any act that disturbs or is likely to disturb a marine
mammal or marine mammal stock in the wild by causing disruption of
natural behavioral patterns, including, but not limited to,
migration, surfacing,nursing, breeding, feeding, or sheltering, to a
point where such behavioral patterns are abandoned or significantly
altered [Level B Harassment].
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
small numbers of marine mammals. Within 45 days of the close of the
comment period, NMFS must either issue or deny issuance of the
authorization.
Summary of Request
On May 2, 2006, NMFS received an application from EAFB requesting
re-authorization of their IHA for the harassment, by Level B harassment
only, of Atlantic bottlenose dolphins (Tursiops truncatus) and Atlantic
spotted dolphins (Stenella frontalis) incidental to NEODS training
operations at EAFB, Florida, in the northern Gulf of Mexico (GOM). Each
of up to six missions per year would include up to five live
detonations of approximately 10-lb (4.6-kg) net explosive weight
charges to occur in approximately 60-ft (18.3-m) deep water from one to
three nm (1.9 to 5.6 km) off shore.
Because the relative low cost and ease of use of mines lends itself
to use by an array of transnational, rogue, and subnational adversaries
that now pose the most immediate threat to American interests and
because NEODS supports the Naval Fleet by providing training to
personnel from all four armed services, civil officials, and military
students from over 70 countries, this activity constitutes a ``military
readiness activity'' pursuant to Section 315(f) of the NDAA.
Specified Activities
The mission of NEODS is to train personnel to detect, recover,
identify, evaluate, render safe, and dispose of unexploded ordnance
(UXO) that constitutes a threat to people, material, installations,
ships, aircraft, and operations. The NEODS plans to utilize three areas
within the Eglin Gulf Test and Training Range (EGTTR), consisting of
approximately 86,000 mi \2\ (222,739 km \2\) within the GOM and the
airspace above, for Mine Countermeasures (MCM) detonations, which
involve mine-hunting and mine-clearance operations. The detonation of
small, live explosive charges disables the function of the mines, which
are inert for training purposes. The training would occur approximately
one to three nautical miles (nm) (1.9 to 5.6 km) offshore of Santa Rosa
Island (SRI) six times annually, at varying times within the year.
Each of the six training classes would include one or two ``Live
Demolition Days.'' During each set of Live Demolition Days, five inert
mines would be placed in a compact area on the sea floor in
approximately 60 ft (18.3 m) of water. Divers would locate the mines by
hand-held sonars. The AN/PQS-2A hand-held acoustic locator has a sound
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 output from these hand-held sound sources would
attenuate to below any current threshold for protected species within
approximately 10-15 m, noise impacts are not anticipated and are not
addressed further in this analysis.
Five charges packed with five lbs (2.3 kg) of C-4 explosive
material will be set up adjacent to each of the mines. No more than
five charges will be detonated over the 2-day period. Detonation times
will begin no earlier than 2 hours after sunrise and end no later than
2 hours before dusk and charges utilized within the same hour period
will have a maximum separation time of 20 minutes. Mine shapes and
debris will be recovered and removed from the water when training is
completed. A more detailed description of the work is contained in the
application which is available upon request (see ADDRESSES).
Marine Mammals and Habitat Affected by the Activity
Marine mammal species that potentially occur within the EGTTR
include several species of cetaceans and the West Indian manatee. While
a few manatees may migrate as far north from southern Florida (where
there are generally confined in the winter) as Louisiana in the summer,
they primarily inhabit coastal and inshore waters and rarely venture
offshore. NEODS missions are conducted one to 3 nm (5.6 km) from shore
and effects on manatees are therefore considered very unlikely and not
discussed further in this analysis.
Cetacean abundance estimates for the project area are derived from
GulfCet II aerial surveys conducted from 1996 to 1998 over a 70,470 km
\2\ area, including nearly the entire continental shelf region of the
EGTTR, which extends approximately 9 nm (16.7 km) from shore. The dwarf
and pygmy sperm whales are not included in this analysis because their
potential for being found near the project site is remote. Although
Atlantic spotted dolphins do not normally inhabit nearshore waters,
NMFS has included them in the analysis to ensure conservative
mitigation measures are applied. The two marine mammal species expected
to be affected by these activities, whose status and distribution were
discussed in the proposed IHA (71 FR 43470; August 1, 2006), are the
bottlenose dolphin (Tursiops truncatus) and the Atlantic spotted
dolphin (Stenella frontalis). Further descriptions of the biology and
local distribution of these species can be found in the application
(see ADDRESSES); other sources such as Wursig et al. (2000), and the
NMFS Stock Assessments, can be viewed at: https://www.NMFS.noaa.gov/pr/
PR2/Stock--Assessment--Program/sars.html.
[[Page 60695]]
Potential Effects of Activities on Marine Mammals
The primary potential impact to the Atlantic bottlenose and the
Atlantic spotted dolphins occurring in the EGTTR from the planned
detonations is Level B harassment from noise. In the absence of any
mitigation or monitoring measures, there is a very small chance that a
marine mammal could be injured or killed when exposed to the energy
generated from an explosive force on the sea floor. However, NMFS
believes the required mitigation measures will preclude this
possibility in the case of this particular activity. Analysis of NEODS
noise impacts to cetaceans was based on criteria and thresholds
initially presented in U.S. Navy Environmental Impact Statements for
ship shock trials of the SEAWOLF submarine and the WINSTON CHURCHILL
vessel and subsequently adopted by NMFS.
Non-lethal injurious impacts (Level A Harassment) are defined in
EAFB's application and this document as tympanic membrane (TM) rupture
and the onset of slight lung injury. The threshold for Level A
Harassment corresponds to a 50-percent rate of TM rupture, which can be
stated in terms of an energy flux density (EFD) value of 205 dB re 1
microPa \2\ s. TM rupture is well-correlated with permanent hearing
impairment (Ketten (1998) indicates a 30-percent incidence of permanent
threshold shift (PTS) at the same threshold). The zone of influence
(ZOI) (farthest distance from the source at which an animal is exposed
to the EFD level referred to) for the Level A Harassment threshold is
52 m (172 ft).
Level B (non-injurious) Harassment includes temporary (auditory)
threshold shift (TTS), a slight, recoverable loss of hearing
sensitivity. One criterion used for TTS is 182 dB re 1 microPa \2\ s
maximum EFD level in any 1/3-octave band above 100 Hz for toothed
whales (e.g., dolphins). The ZOI for this threshold is 230 m (754 ft).
A second criterion, 23 psi, has recently been established by NMFS to
provide a more conservative range for TTS when the explosive or animal
approaches the sea surface, in which case explosive energy is reduced,
but the peak pressure is not. The ZOI for 23 psi is 222 m (728 ft)
(NMFS will apply the more conservative of these two).
Level B Harassment also includes behavioral modifications resulting
from repeated noise exposures (below TTS) to the same animals (usually
resident) over a relatively short period of time. Threshold criteria
for this particular type of harassment are currently still under
debate. One recommendation is a level of 6 dB below TTS (see 69 FR
21816, April 22, 2004), which would be 176 dB re 1 microPa \2\ s.
However, due to the infrequency of the detonations, the potential
variability in target locations, and the continuous movement of marine
mammals off the northern Gulf, NMFS believes that behavioral
modification from repeated exposures to the same animal is highly
unlikely.
Comments and Responses
On August 1, 2006, NMFS published in the Federal Register a notice
of a proposed IHA for EAFB's request to take marine mammals incidental
to NEODS training exercises in the GOM, and requested comments
regarding this request (See 71 FR 43470). During the 30-day public
comment period, NMFS received comments from the Marine Mammal
Commission (Commission). In addition, NMFS received comments from one
member of the public who objected to the killing of marine mammals.
However, NMFS is not authorizing the killing of marine mammals and,
therefore, that comment is not addressed further.
Comment 1: The Commission recommends NMFS grant the requested
authorizations provided that Eglin AFB conduct all practicable
monitoring and mitigation measures to afford the potentially affected
marine mammal species adequate protection from serious and lethal
injury.
Response: NMFS believes that the IHA includes all practicable
monitoring and mitigation measures to avoid serious or lethal injury of
marine mammals, and we believe that they will be effective. The radius
around the site of the explosion where the animals could potentially be
injured is 52 m, and animals would have to be significantly closer than
that for the potential for serious injury or death to occur. MMOs will
be monitoring a 460-m radius area for the entire 15 minutes leading up
to the detonation and the operation will be postponed if animals are
seen within the 230-dB ZOI or if large schools of fish, which could
attract the delphinids, are seen within the ZOI.
Comment 2: The Commission recommends that NEODS training operations
be suspended immediately if a seriously injured or dead marine mammal
is found in the vicinity of the operations and the death or injury
could be attributable to the NEODS activities. Further,the Commission
recommends that any suspension should remain in place until NMFS has
(1) reviewed the situation and determined that further deaths or
serious injuries are unlikely to occur or (2) issued regulations
authorizing such takes under section 101(a)(5)(A) of the MMPA.
Response: NMFS concurs with the Commission's recommendation and
will include this provision in the IHA.
Comment 3: The Commission also resubmitted the identical comments
it submitted on the 2005 NEODS IHA.
Response: NMFS stated the Commission's concerns and addressed them
in the Federal Register notice announcing the issuance of the 2005 IHA
(70 FR 51341; August 30, 2005), and they may be referenced there.
Numbers of Marine Mammals Estimated To Be Harassed
Estimates of the potential number of Atlantic bottlenose dolphins
and Atlantic spotted dolphins to be harassed by the training were
calculated using the number of distinct firing or test events (maximum
30 per year), the ZOI for noise exposure, and the density of animals
that potentially occur in the ZOI. The take estimates provided here do
not include mitigation measures, which are expected to further minimize
impacts to protected species and make injury or death highly unlikely.
The estimated number of Atlantic bottlenose dolphins and Atlantic
spotted dolphins potentially taken through exposure to the Level A
Harassment threshold (205 dB re 1 microPa \2\ s), are less than one
(0.22 and 0.19, respectively) annually.
For Level B Harassment, two separate criteria were established, one
expressed in dB re 1 microPa \2\ s maximum EFD level in any 1/3-octave
band above 100 Hz, and one expressed in psi. The estimated numbers of
Atlantic bottlenose dolphins and Atlantic spotted dolphins potentially
taken through exposure to 182 dB are 4 and 3 individuals, respectively.
The estimated numbers potentially taken through exposure to 23 psi are
also 4 and 3 individuals, respectively.
Possible Effects of Activities on Marine Mammal Habitat
NMFS anticipates no loss or modification to the habitat used by
Atlantic bottlenose dolphins or Atlantic spotted dolphins in the EGTTR.
The primary source of marine mammal habitat impact resulting from the
NEODS missions is noise, which is intermittent (maximum 30 times per
year) and of limited duration. The effects of debris (which will be
recovered following test activities), ordnance, fuel, and chemical
residues were analyzed in the NEODS Biological Assessment and the Air
Force concluded that marine mammal habitat would not be affected.
[[Page 60696]]
Mitigation and Monitoring
Mitigation will consist primarily of surveying and taking action to
avoid detonating charges when protected species are within the ZOI. A
trained, NMFS-approved observerwill be staged from the highest point
possible on a support ship and have proper lines of communication to
the Officer in Tactical Command. The survey area will be 460 m (1509
ft) in every direction from the target, which is twice the radius of
the ZOI for Level B Harassment (230 m (755 ft)). To ensure visibility
of marine mammals to observers, NEODS missions will be delayed if
whitecaps cover more than 50 percent of the surface or if the waves are
greater than 3 feet (Beaufort Sea State 4).
Pre-mission monitoring will be used to evaluate the test site for
environmental suitability of the mission. Visual surveys will be
conducted two hours, one hour, and the entire 15 minutes prior to the
mission to verify that the ZOI (230 m (755 ft)) is free of visually
detectable marine mammals and large schools of fish, and that the
weather is adequate to support visual surveys. The observer will plot
and record sightings, bearing, and time for all marine mammals
detected, which would allow the observer to determine if the animal is
likely to enter the test area during detonation. If a marine mammal
appears likely to enter the test area during detonation, if large
schools of fish are present, or if the weather is inadequate to support
monitoring, the observer will declare the range fouled and the tactical
officer will implement a hold until monitoring indicates that the test
area is and will remain clear of detectable marine mammals.
Monitoring of the test area will continue throughout the mission
until the last detonation is complete. The mission would be postponed
if:
(1) Any marine mammal is visually detected within the ZOI (230 m
(755 ft)). The delay would continue until the animal that caused the
postponement is confirmed to be outside the ZOI (visually observed
swimming out of the range).
(2) Any marine mammal is detected in the ZOI and subsequently is
not seen again. The mission would not continue until the last verified
location is outside of the ZOI and the animal is moving away from the
mission area.
(3) Large schools of fish are observed in the water within of the
ZOI. The delay would continue until large fish schools are confirmed to
be outside the ZOI.
In the event of a postponement, pre-mission monitoring would
continue as long as weather and daylight hours allow. If a charge
failed to explode, mitigation measures would continue while operations
personnel attempted to recognize and solve the problem (e.g., detonate
the charge).
Post-mission monitoring is designed to determine the effectiveness
of pre-mission mitigation by reporting any sightings of dead or injured
marine mammals. Post-detonation monitoring, concentrating on the area
down current of the test site, would commence immediately following
each detonation and continue for at least two hours after the last
detonation. The monitoring team would document and report to the
appropriate marine animal stranding network any marine mammals killed
or injured during the test and, if practicable, recover and examine any
dead animals. The species, number, location, and behavior of any
animals observed by the teams would be documented and reported to the
Officer in Tactical Command.
Additionally, in the unlikely event that a seriously injured or
dead marine mammal is found in the vicinity of the operations and the
death or injury could be attributable to the NEODS activities, training
operations will be suspended and NMFS contacted immediately. This
suspension would remain in place until the Service has (1) reviewed the
situation and determined that further deaths or serious injuries are
unlikely to occur or (2) issued regulations authorizing such takes
under section 101(a)(5)(A) of the MMPA.
Reporting
The Air Force will notify NMFS 2 weeks prior to initiation of each
training session. Any takes of marine mammals other than those
authorized by the IHA, as well as any injuries or deaths of marine
mammals, will be reported to the Southeast Regional Administrator,
NMFS, within 24 hours. A summary of mission observations and test
results, including dates and times of detonations as well as pre- and
post-mission monitoring observations, will be submitted to the
Southeast Regional Office (NMFS) and to the Division of Permits,
Conservation, and Education, Office of Protected Resources (NMFS)
within 90 days after the completion of the last training session.
Endangered Species Act
In a Biological Opinion issued on October 25, 2004, NMFS concluded
that the NEODS training missions and their associated actions are not
likely to jeopardize the continued existence of threatened or
endangered species under the jurisdiction of NMFS or destroy or
adversely modify critical habitat that has been designated for those
species. NMFS has issued an incidental take statement (ITS) for NEODS
for sea turtles pursuant to section 7 of the Endangered Species Act.
The ITS contains reasonable and prudent measures with implementing
terms and conditions to minimize the effects of this take. This IHA
action is within the scope of the previously analyzed action and does
not change the action in a manner that was not considered previously.
National Environmental Policy Act
In 2005, NMFS prepared an Environmental Assessment (EA) on the
Issuance of Authorizations to Take Marine Mammals, by Harassment,
Incidental to Naval Explosive Ordnance Disposal School Training
Operations at Eglin Air Force Base, Florida, and subsequently issued a
Finding of No Significant Impact (FONSI). This IHA action is within the
scope of the previously analyzed action and does not change the action
in a manner that was not considered previously. Therefore, preparation
of an EIS on this action is not required by NEPA or its implementing
regulations.
Conclusions
NMFS has issued an IHA to the Air Force for the NEODS training
missions to take place at EAFB over a 1-year period. The issuance of
this IHA is contingent upon adherence to the previously mentioned
mitigation, monitoring, and reporting requirements. NMFS has determined
that the NEODS training, which entails up to six missions per year,
including up to five live detonations per mission of approximately 5-lb
(2.3 kg) net explosive weight charges to occur in approximately 60-foot
(18 m) deep water from one to three nm off shore, will result in the
Level B harassment of Atlantic bottlenose dolphins and Atlantic spotted
dolphins (less than 0.0002 percent of the population for each species,
and perhaps 1-2 percent of an inshore stock of bottlenose dolphin, if
one of them were harassed) and will have a negligible impact on these
marine mammal species and stocks. While behavioral modifications may be
made by Atlantic bottlenose dolphins and Atlantic spotted dolphins to
avoid the resultant acoustic stimuli, when the potential density of
dolphins in the area and the required mitigation and monitoring are
taken into consideration NMFS does expect any injury or mortality to
result. The effects of the NEODS training are expected to be limited to
short-term and localized
[[Page 60697]]
TTS-related behavioral changes. No rookeries, mating grounds, areas of
concentrated feeding, or other areas of special significance for marine
mammals occur within or near the NEODS test sites.
Authorization
As a result of these determinations, NMFS proposes to issue an IHA
to the Air Force for NEODS training operations at EAFB, Florida,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.
Dated: October 5, 2006.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E6-17127 Filed 10-13-06; 8:45 am]
BILLING CODE 3510-22-S
