Small Takes of Marine Mammals Incidental to Specified Activities; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air Force Base, Florida, 38061-38065 [E7-13424]
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Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Notices
Prodotti Biologici, or by Associazione
Italiana per l’Agricoltura Biologica.
In addition, based on publicly
available information, the Department
has determined that, as of March 13,
2003, imports of organic pasta from Italy
that are accompanied by the appropriate
certificate issued by Instituto per la
Certificazione Etica e Ambientale
(‘‘ICEA’’) are also excluded from this
order. See Memorandum from Audrey
Twyman to Susan Kuhbach, dated
February 28, 2006, entitled
‘‘Recognition of Instituto per la
Certificazione Etica e Ambientale
(‘‘ICEA’’) as a Public Authority for
Certifying Organic Pasta from Italy’’
which is on file in the Department’s
CRU.
The merchandise subject to this order
is currently classifiable under item
1902.19.20 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise subject
to the order is dispositive.
rwilkins on PROD1PC63 with NOTICES
Partial Rescission of Review
If a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review, the
Secretary will rescind the review, in
whole or in part, pursuant to 19 CFR
351.213(d)(1). In this case, respondents
Indalco and Corticella/Combattenti
withdrew their respective requests for
review within 90 days from the date of
initiation. No other interested party
requested a review of Indalco or
Corticella/Combattenti and we have
received no comments regarding their
withdrawal. Therefore, consistent with
19 CFR 351.213(d)(1), we are rescinding
this review of the antidumping duty
order on certain pasta from Italy in part
with respect to Indalco and Corticella/
Combattenti.
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the publication of this notice. The
Department will direct CBP to assess
antidumping duties at the cash deposit
rate in effect on the date of entry for
entries during the period July 1, 2005,
through June 30, 2006.
This notice is in accordance with
section 777(i)(1) of the Tariff Act of
1930, as amended and 19 CFR
251.213(d)(4).
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Dated: July 3, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–13553 Filed 7–11–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XB13
Small Takes of Marine Mammals
Incidental to Specified Activities; Naval
Explosive Ordnance Disposal School
Training Operations at Eglin Air Force
Base, Florida
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application
and proposed authorization for
incidental harassment of marine
mammals; request for comments and
information.
AGENCY:
SUMMARY: NMFS has received a request
from Eglin Air Force Base (EAFB) for
the take of marine mammals, by Level
B harassment, incidental to Naval
Explosive Ordnance Disposal School
(NEODS) Training Operations at EAFB,
Florida. Under the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposal to
issue an incidental harassment
authorization (IHA) to the Air Force to
take, by Level B harassment, two species
of cetaceans at EAFB beginning in
October 2007. NMFS is also requesting
comments on its intent to promulgate
regulations in 2007 governing the take
of marine mammals over a 5–year
period incidental to the activities
described herein. NMFS issued an IHA
for these activities in 2005 and 2006. No
activities have occurred to date.
DATES: Comments and information must
be received no later than August 13,
2007.
ADDRESSES: Comments on the
application should be addressed to
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225. The mailbox address for
providing email comments is PR1.0648–
XB13@noaa.gov. NMFS is not
responsible for e-mail comments sent to
addresses other than the one provided
here. Comments sent via e-mail,
including all attachments, must not
exceed a 10–megabyte file size.
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A copy of the application containing
a list of the references used in this
document may be obtained by writing to
the address specified above, telephoning
the contact listed below (see FOR
FURTHER INFORMATION CONTACT), or
visiting the internet at: 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:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 713–2289, ext.
144.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional taking of marine mammals
by U.S. citizens who engage in a
specified activity (other than
commercial fishing) if certain findings
are made and regulations are issued or,
if the taking is limited to harassment,
notice of a proposed authorization is
provided to the public for review.
Authorization for incidental takings
may be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
certain subsistence uses, and if the
permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such taking are set forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as:
an impact resulting from the specified
activity that cannot be reasonably expected
to, and is not reasonably likely to, adversely
affect the species or stock through effects on
annual rates of recruitment or survival.
Subsection 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take of marine mammals by
harassment. With respect to military
readiness activities, the MMPA defines
‘‘harassment’’ as:
(i) Any act that injures or has the
significant potential to injure a marine
mammal or marine mammal stock in the wild
[Level A Harassment]; or (ii) any act that
disturbs or is likely to disturb a marine
mammal or marine mammal stock in the wild
by causing disruption of natural behavioral
patterns, including, but not limited to,
migration, surfacing, nursing, breeding,
feeding, or sheltering, to a point where such
behavioral patterns are abandoned or
significantly altered [Level B Harassment].
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Section 101(a)(5)(D) establishes a 45–
day time limit for NMFS review of an
application followed by a 30–day public
notice and comment period on any
proposed authorizations for the
incidental harassment of marine
mammals. Within 45 days of the close
of the comment period, NMFS must
either issue or deny issuance of the
authorization.
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Summary of Request
On June 7, 2007, NMFS received an
application from EAFB requesting reauthorization for the harassment of
Atlantic bottlenose dolphins (Tursiops
truncatus) and Atlantic spotted
dolphins (Stenella frontalis) incidental
to NEODS training operations at EAFB,
Florida, in the northern Gulf of Mexico
(GOM). Each of up to six missions per
year would include up to 5 live
detonations of approximately 5–lb
(2.27–kg) net explosive weight charges
to occur in approximately 60–ft (18.3–
m) deep water from one to three nm (1.9
to 5.6 km) off shore. Because this
activity will be a multi-year activity,
NMFS also plans to develop proposed
regulations for NEODS training
operations at EAFB.
Specified Activities
The mission of NEODS is to train
personnel to detect, recover, identify,
evaluate, render safe, and dispose of
unexploded ordnance (UXO) that
constitutes a threat to people, material,
installations, ships, aircraft, and
operations. The NEODS proposes to
utilize three areas within the Eglin Gulf
Test and Training Range (EGTTR),
consisting of approximately 86,000 mi2
(222,739 km2) within the GOM and the
airspace above, for Mine
Countermeasures (MCM) detonations,
which involve mine-hunting and mineclearance operations. The detonation of
small, live explosive charges disables
the function of the mines, which are
inert for training purposes. The
proposed training would occur
approximately one to three nautical
miles (nm) (1.9 to 5.6 km) offshore of
Santa Rosa Island (SRI) six times
annually, at varying times within the
year.
Each of the six training classes would
include one or two ‘‘Live Demolition
Days.’’ During each set of Live
Demolition Days, five inert mines would
be placed in a compact area on the sea
floor in approximately 60 ft (18.3 m) of
water. Divers would locate the mines by
hand-held sonars. The AN/PQS–2A
acoustic locator has a sound pressure
level (SPL) of 178.5 re 1 µPascal @ 1
meter and the Dukane Underwater
Acoustic Locator has a SPL of 157–160.5
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re 1 µPascal @ 1 meter. Because output
from these sound sources would
attenuate to below any current threshold
for protected species within
approximately 10–15 m, noise impacts
are not anticipated and are not
addressed further in this analysis.
Five charges packed with five lbs (2.3
kg) of C–4 explosive material will be set
up adjacent to each of the mines. No
more than five charges will be detonated
over the 2–day period. Detonation times
will begin no earlier than 2 hours after
sunrise and end no later than 2 hours
before dusk and charges utilized within
the same hour period will have a
maximum separation time of 20
minutes. Mine shapes and debris will be
recovered and removed from the water
when training is completed. A more
detailed description of the work
proposed is contained in the application
which is available upon request (see
ADDRESSES).
Military Readiness Activity
NEODS supports the Naval Fleet by
providing training to personnel from all
four armed services, civil officials, and
military students from over 70
countries. The NEODS facility supports
the Department of Defense Joint Service
Explosive Ordnance Disposal training
mission. The Navy and the Marine
Corps believe that the ability of Sailors
and Marines to detect, characterize, and
neutralize mines from their operating
areas at sea, on the shore, and inland,
is vital to their doctrines.
The Navy believes that an array of
transnational, rogue, and subnational
adversaries now pose the most
immediate threat to American interests.
Because of their relative low cost and
ease of use, mines will be among the
adversaries’ weapons of choice in
shallow-water situations, and they will
be deployed in an asymmetrical and
asynchronous manner. The Navy needs
organic means to clear mines and
obstacles rapidly in three challenging
environments: shallow water; the surf
zone; and the beach zone. The Navy also
needs a capability for rapid clandestine
surveillance and reconnaissance of
minefields and obstacles in these
environments. The NEODS mission in
the GOM offshore of EAFB is considered
a military readiness activity pursuant to
the National Defense Authorization Act
(NDAA)(Public Law 108–136).
Marine Mammals and Habitat Affected
by the Activity
Marine mammal species that
potentially occur within the EGTTR
include several species of cetaceans and
the West Indian manatee. While a few
manatees may migrate from southern
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Florida to Louisiana in the summer,
they primarily inhabit coastal and
inshore waters and rarely venture
offshore. Dwarf and pygmy sperm
whales, while present in the Gulf of
Mexico, are pelagic species and not
usually found close to shore. NEODS
missions are conducted one to three nm
(5.6 km) from shore and effects on
manatees, dwarf, and pygmy sperm
whales are therefore considered very
unlikely and not discussed further in
this analysis.
Cetacean abundance estimates for the
project area are derived from GulfCet II
aerial surveys conducted from 1996 to
1998 over a 70,470 km2 area, including
nearly the entire continental shelf
region of the EGTTR, which extends
approximately 9 nm (16.7 km) from
shore. The dwarf and pygmy sperm
whales are not included in this analysis
because their potential for being found
near the project site is remote. Although
Atlantic spotted dolphins do not
normally inhabit nearshore waters, they
are included in the analysis to ensure
conservative mitigation measures are
applied. The two marine mammal
species expected to be affected by these
activities are the bottlenose dolphin
(Tursiops truncatus) and the Atlantic
spotted dolphin (Stenella frontalis).
Descriptions of the biology and local
distribution of these species can be
found in the application (see ADDRESSES
for availability); other sources such as
Wursig et al. (2000), and the NMFS
Stock Assessments, can be viewed at:
https://www.NMFS.noaa.gov/pr/PR2/
StocklAssessmentlProgram/
sars.html.
Atlantic Bottlenose Dolphins
Atlantic bottlenose dolphins are
distributed worldwide in tropical and
temperate waters and occur in the slope,
shelf, and inshore waters of the GOM.
Based on a combination of geography
and ecological and genetic research,
Atlantic bottlenose dolphins have been
divided into many separate stocks
within the GOM. The exact structure of
these stocks is complex and continues
to be revised as research is completed.
According to the 2005 NOAA stock
assessment report, bottlenose dolphins
inhabiting water less than 20 m (66
ft)deep are divided into 36 separate
inshore or coastal stocks while animals
in water 20–200 m (66 to 656 ft) deep
constitute 3 continental shelf stocks.
However, coastal and continental shelf
stocks may overlap. The proposed
action would occur on the ocean floor
at a depth of approximately 60 ft (18 m)
and, therefore, has the potential to affect
both the continental shelf and coastal
stocks. Activities are not expected to
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affect the oceanic stock of bottlenose
dolphins in the GOM.
Continental shelf stock assessments
were estimated using data from vessel
surveys conducted between 1998 and
2001 (at 20- to 200–m (66- to 656–ft)
depths). The minimum population
estimate for the northern GOM
continental shelf stock of the Atlantic
bottlenose dolphin is 20,414 (Waring et
al., 2005).
Distinct inshore stocks are
provisionally identified in each of 33
areas of contiguous, enclosed or semienclosed bodies of water adjacent to the
Gulf of Mexico (GOM) based on
descriptions of relatively discrete
dolphin ‘‘communities’’ in some of
these areas (Waring et al., 2005). A
‘‘community includes resident dolphins
that regularly share large portions of
their ranges, exhibit similar distinct
genetic profiles, and interact with each
other to a much greater extent than with
dolphins in adjacent waters (dolphins
from different communities do
interbreed).’’ The most recent inshore
stock assessment surveys were
conducted aerially in 1993. Two bodies
of water north of the project area are
thought to support distinct
communities, the Pensacola Bay and the
Choctawhatchee Bay. Population size
estimates for most of the inshore stocks
are greater than 8 years old and
therefore the current population size for
each stock is considered unknown.
Previous abundance in Pensacola Bay
and Choctawhatchee Bay was estimated
as 33 and 242 animals, respectively.
Texas A&M University and NMFS
conducted GulfCet II aerial surveys in
an area including the EGTTR from 1996
to 1998. Density estimates were
calculated using abundance data
collected from the continental shelf area
of the EGTTR. In an effort to provide
better species conservation and
protection, estimates were adjusted to
incorporate temporal and spatial
variations, surface and submerged
variations, and overall density
confidence. The adjusted density
estimate for Atlantic bottlenose
dolphins within the project area is 0.810
individuals/km2. A small number of
dolphins could not be identified
specifically as Atlantic bottlenose or
Atlantic spotted and their estimated
density was 0.053 individuals/km2.
Atlantic Spotted Dolphins
Atlantic spotted dolphins are endemic
to the tropical and warm temperate
waters of the Atlantic Ocean and can be
found from the latitude of Cape May,
New Jersey south along mainland shores
to Venezuela, including the GOM and
Lesser Antilles. In the GOM, Atlantic
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spotted dolphins occur primarily in
continental shelf waters 10 to 200 m (33
to 656 ft) deep out to continental slope
waters less than 500 m (1640.4 ft) deep.
One recent study presents strong genetic
support for differentiation between
GOM and western North Atlantic
management stocks, but the Gulf of
Mexico stock has not yet been further
subdivided.
Abundance was estimated in the most
recent assessment of the northern GOM
stock of the Atlantic spotted dolphin
using combined data from continental
shelf surveys (20 to 200 m (66 to 656 ft)
deep) and oceanic surveys (200 m (656
ft)) to offshore extent of U.S. Exclusive
Economic Zone) conducted from 1996
to 2001. The minimum population
estimate for the northern GOM is 24,752
Atlantic spotted dolphins (Waring et al.,
2005).
Density estimates for the Atlantic
spotted dolphin within the EGTTR were
calculated using abundance data
collected during the GulfCet II aerial
surveys. In an effort to provide better
species conservation and protection,
estimates were adjusted to incorporate
temporal and spatial variations, surface
and submerged variations, and overall
density confidence. The adjusted
density estimate for Atlantic spotted
dolphins within the project area is 0.677
individuals/km2. A small number of
dolphins could not be identified
specifically as Atlantic bottlenose or
Atlantic spotted and their estimated
density was 0.053 individuals/km2.
Potential Effects of Activities on Marine
Mammals
The primary potential impact to the
Atlantic bottlenose and the Atlantic
spotted dolphins occurring in the
EGTTR from the proposed detonations
is Level B harassment from noise. In the
absence of any mitigation or monitoring
measures, there is a very small chance
that a marine mammal could be injured
or killed when exposed to the energy
generated from an explosive force on the
sea floor. However, NMFS believes the
proposed mitigation measures will
preclude this possibility in the case of
this particular activity. Analysis of
NEODS noise impacts to cetaceans was
based on criteria and thresholds initially
presented in U.S. Navy Environmental
Impact Statements for ship shock trials
of the SEAWOLF submarine and the
WINSTON CHURCHILL vessel and
subsequently adopted by NMFS.
Non-lethal injurious impacts (Level A
Harassment) are defined in EAFB’s
application and this proposed IHA as
tympanic membrane (TM) rupture and
the onset of slight lung injury. The
threshold for Level A Harassment
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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 µPa2 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 µPa2 s maximum
EFD level in any 1/3–octave band above
100 Hz for toothed whales (e.g.,
dolphins). The ZOI for this threshold is
230 m (754 ft). A second criterion, 23
psi, has recently been established by
NMFS to provide a more conservative
range for TTS when the explosive or
animal approaches the sea surface, in
which case explosive energy is reduced,
but the peak pressure is not. The ZOI for
23 psi is 222 m (728 ft) (NMFS will
apply the more conservative of these
two).
Level B Harassment also includes
behavioral modifications resulting from
repeated noise exposures (below TTS) to
the same animals (usually resident) over
a relatively short period of time.
Threshold criteria for this particular
type of harassment are currently still
being considered. One recommendation
is a level of 6 dB below TTS (see 69 FR
21816, April 22, 2004), which would be
176 dB re 1 µPa2s. Due, however, to the
infrequency of the detonations, the
potential variability in target locations,
and the continuous movement of marine
mammals off the northern Gulf, NMFS
believes that behavioral modification
from repeated exposures to the same
animal is highly unlikely.
Numbers of Marine Mammals
Estimated to be Harassed
Estimates of the potential number of
Atlantic bottlenose dolphins and
Atlantic spotted dolphins to be harassed
by the training were calculated using
the number of distinct firing or test
events (maximum 30 per year), the ZOI
for noise exposure, and the density of
animals that potentially occur in the
ZOI. The take estimates provided here
do not include mitigation measures,
which are expected to further minimize
impacts to protected species and make
injury or death highly unlikely.
The estimated number of Atlantic
bottlenose dolphins and Atlantic
spotted dolphins potentially taken
through exposure to the Level A
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Harassment threshold (205 dB re 1
µPa2s), are less than one (0.21 and 0.18,
respectively) annually.
For Level B Harassment, two separate
criteria were established, one expressed
in dB re 1 µPa2s maximum EFD level in
any 1/3–octave band above 100 Hz, and
one expressed in psi. The estimated
numbers of Atlantic bottlenose dolphins
and Atlantic spotted dolphins
potentially taken through exposure to
182 dB are 3.96 and 3.30 individuals,
respectively. The estimated numbers
potentially taken through exposure to 23
psi are also 4 and 3 individuals,
respectively.
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Possible Effects of Activities on Marine
Mammal Habitat
The Air Force anticipates no loss or
modification to the habitat used by
Atlantic bottlenose dolphins or Atlantic
spotted dolphins in the EGTTR. The
primary source of marine mammal
habitat impact resulting from the
NEODS missions is noise, which is
intermittent (maximum 30 times per
year) and of limited duration. The
effects of debris (which will be
recovered following test activities),
ordnance, fuel, and chemical residues
were analyzed in the NEODS Biological
Assessment and the Air Force
concluded that marine mammal habitat
would not be affected.
Proposed Mitigation and Monitoring
Mitigation will consist primarily of
surveying and taking action to avoid
detonating charges when protected
species are within the ZOI. A trained,
NMFS-approved observerwill be staged
from the highest point possible on a
support ship and have proper lines of
communication to the Officer in
Tactical Command. The survey area will
be 460 m (1509 ft) in every direction
from the target, which is twice the
radius of the ZOI for Level B
Harassment (230 m (755 ft)). To ensure
visibility of marine mammals to
observers, NEODS missions will be
delayed if whitecaps cover more than 50
percent of the surface or if the waves are
greater than 0.91 m (3 feet) (Beaufort Sea
State 4).
Pre-mission monitoring will be used
to evaluate the test site for
environmental suitability of the
mission. Visual surveys will be
conducted two hours and one hour
continuing to 5 minutes prior to the
mission to verify that the ZOI (230 m
(755 ft)) is free of visually detectable
marine mammals and large schools of
fish, and that the weather is adequate to
support visual surveys. The observer
will plot and record sightings, bearing,
and time for all marine mammals
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detected, which would allow the
observer to determine if the animal is
likely to enter the test area during
detonation. If a marine mammal appears
likely to enter the test area during
detonation, if large schools of fish are
present, or if the weather is inadequate
to support monitoring, the observer will
declare the range fouled and the tactical
officer will implement a hold until
monitoring indicates that the test area is
and will remain clear of detectable
marine mammals.
Monitoring of the test area will
continue throughout the mission until
the last detonation is complete. The
mission would be postponed if:
(1) Any marine mammal is visually
detected within the ZOI (230 m (755 ft)).
The delay would continue until the
animal that caused the postponement is
confirmed to be outside the ZOI
(visually observed swimming out of the
range).
(2) Any marine mammal is detected in
the ZOI and subsequently is not seen
again. The mission would not continue
until the last verified location is outside
of the ZOI and the animal is moving
away from the mission area.
(3) Large schools of fish are observed
in the water within of the ZOI. The
delay would continue until large
schools are confirmed to be outside the
ZOI.
In the event of a postponement, premission monitoring would continue as
long as weather and daylight hours
allow. If a charge failed to explode,
mitigation measures would continue
while operations personnel attempted to
recognize and solve the problem
(detonate the charge).
Post-mission monitoring is designed
to determine the effectiveness of premission mitigation by reporting any
sightings of dead or injured marine
mammals. Post-detonation monitoring,
concentrating on the area down current
of the test site, would commence
immediately following each detonation
and continue for at least two hours after
the last detonation. The monitoring
team would document and report to the
appropriate marine animal stranding
network any marine mammals killed or
injured during the test and, if
practicable, recover and examine any
dead animals. The species, number,
location, and behavior of any animals
observed by the teams would be
documented and reported to the Officer
in Tactical Command.
Reporting
The Air Force will notify NMFS 2
weeks prior to initiation of each training
session. Any takes of marine mammals
other than those authorized by the IHA,
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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
adversely modify critical habitat that
has been designated for those species.
NMFS has issued an incidental take
statement (ITS) for sea turtles pursuant
to section 7 of the Endangered Species
Act. The ITS contains reasonable and
prudent measures with implementing
terms and conditions to minimize the
effects of this take. This proposed IHA
action is within the scope of the
previously analyzed action and does not
change the action in a manner that was
not considered previously.
National Environmental Policy Act
In 2005, NMFS prepared an
Environmental Assessment (EA) on the
Issuance of Authorizations to Take
Marine Mammals, by Harassment,
Incidental to Naval Explosive Ordnance
Disposal School Training Operations at
Eglin Air Force Base, Florida, and
subsequently issued a Finding of No
Significant Impact (FONSI). This
proposed IHA action is within the scope
of the previously analyzed action and
does not change the action in a manner
that was not considered previously.
Therefore, preparation of an EIS on this
action is not required by section 102(2)
of the NEPA or its implementing
regulations.
Preliminary Conclusions
NMFS proposes to issue an IHA to the
USAF for the NEODS training missions
to take place at EAFB over a 1–year
period. The proposal to issue this IHA
is contingent upon adherence to the
previously mentioned mitigation,
monitoring, and reporting requirements.
NMFS has preliminarily determined
that the impact of the NEODS training,
which entails up to six missions per
year, including up to five live
detonations per mission of
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Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Notices
approximately 5–lb (2.27 kg) net
explosive weight charges to occur in
approximately 60–foot (18 m) deep
water from one to three nm off shore,
will result in the Level B harassment of
a few Atlantic bottlenose dolphins and
Atlantic spotted dolphins and;
therefore, would have a negligible
impact on these marine mammal species
and stocks. Dwarf and pygmy sperm
whales and manatees are unlikely to be
found in the area and, therefore, will not
be affected. While behavioral
modifications may be made by Atlantic
bottlenose dolphins and Atlantic
spotted dolphins to avoid the resultant
acoustic stimuli, there is virtually no
possibility of injury or mortality when
the potential density of dolphins in the
area and extent of mitigation and
monitoring are taken into consideration.
The effects of the NEODS training are
expected to be limited to short-term and
localized TTS-related behavioral
changes.
Due to the infrequency and localized
nature of these activities, the estimated
number of marine mammals, relative to
the population size, potentially taken by
harassment is small (less than 0.0002
percent for each species, and perhaps 1–
2 percent of an inshore stock of
bottlenose dolphin if one of them were
harassed). In addition, no take by injury
and/or death is anticipated. No
rookeries, mating grounds, areas of
concentrated feeding, or other areas of
special significance for marine
mammals occur within or near the
NEODS test sites.
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this request (see ADDRESSES).
Concurrent with the publication of this
notice in the Federal Register, NMFS is
forwarding copies of this application to
the Marine Mammal Commission and
its Committee of Scientific Advisors.
Dated: July 6, 2007.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7–13424 Filed 7–11–07; 8:45 am]
rwilkins on PROD1PC63 with NOTICES
BILLING CODE 3510–22–S
VerDate Aug<31>2005
16:42 Jul 11, 2007
Jkt 211001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XB14
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Construction and
Operation of Offshore Oil and Gas
Facilities in the Beaufort Sea, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of a letter of
authorization.
AGENCY:
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notice is
hereby given that NMFS has issued a
letter of authorization (LOA) to BP
Exploration (Alaska), Inc. (BP) to take
marine mammals incidental to the
production of offshore oil and gas at the
Northstar development in the Beaufort
Sea off Alaska.
DATES: This Authorization is effective
from July 7, 2007, through July 6, 2008.
ADDRESSES: The LOA and supporting
documentation may be obtained by
writing to P. Michael Payne, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910, or by telephoning one of the
contacts listed here.
FOR FURTHER INFORMATION CONTACT:
Candace Nachman or Kenneth R.
Hollingshead (301) 713–2289, or
Bradley Smith (907) 271–3023.
SUPPLEMENTARY INFORMATION: Section
101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs NMFS to allow, on
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 by NMFS and regulations are
issued. Under the MMPA, the term
‘‘take’’ means to harass, hunt, capture,
or kill or to attempt to harass, hunt,
capture, or kill marine mammals.
Authorization, in the form of annual
LOAs, may be granted for periods up to
5 years if NMFS finds, after notice and
opportunity for public comment, that
the taking will have a negligible impact
on the species or stock(s) of marine
mammals and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) of
marine mammals for subsistence uses.
In addition, NMFS must prescribe
PO 00000
Frm 00009
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Sfmt 4703
38065
regulations setting forth the permissible
methods of taking and other means of
effecting the least practicable adverse
impact on the species and its habitat,
and on the availability of the species for
subsistence uses. The regulations also
must include requirements pertaining to
the monitoring and reporting of such
taking. Regulations governing the taking
of marine mammals incidental to
construction and operation of the
offshore oil and gas facility at Northstar
were made effective on April 6, 2006 (71
FR 11314, March 7, 2006), and remain
in effect until April 6, 2011. These
regulations include mitigation,
monitoring, and reporting requirements.
The six species of marine mammals that
BP may take in small numbers during
construction and operation of the
Northstar facility are bowhead whales
(Balaena mysticetus), gray whales
(Eschrichtius robustus), beluga whales
(Delphinapterus leucas), ringed seals
(Phoca hispida), spotted seals (Phoca
largha), and bearded seals (Erignathus
barbatus).
Impacts on marine mammals may
occur through noise from barge,
helicopter traffic, drilling, and other
noise sources on the island facility.
Impacts may also result if there is an oil
spill resulting from production. While
noise impacts on marine mammals will
be low (activities on Northstar Island
will make less noise than that from
standard jack-up rigs, the concrete
island drilling structure, or seismic
activity), marine mammals will likely
hear the noise at distances up to 10 km
(6.2 mi) from the island. In addition,
there may be some harassment
(including injury or mortality) of ringed
seals during winter ice-road
construction. No take is authorized for
an oil spill.
As oil spills are highly unlikely,
impacts on marine mammals from an oil
spill are also unlikely to take place.
However, in order to mitigate the
potential for impacts on bowheads and
the subsistence use of bowheads, BP
will not drill into oil-bearing strata
during periods of open water or broken
ice, essentially the time period between
June 13 and ending with the presence of
18 inches of continuous ice cover for
one-half mile in all directions.
Mitigation has been proposed by BP to
the North Slope Borough native
community to ensure that, in the event
that an oil spill does occur, it will not
have an unmitigable adverse impact on
the subsistence use of the bowhead
whale.
Additionally, take of marine
mammals will also be minimized
through implementation of the
following mitigation measures: (1)
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]]>Agencies
[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Notices]
[Pages 38061-38065]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13424]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XB13
Small Takes of Marine Mammals Incidental to Specified Activities;
Naval Explosive Ordnance Disposal School Training Operations at Eglin
Air Force Base, Florida
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application and proposed authorization for
incidental harassment of marine mammals; request for comments and
information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from Eglin Air Force Base (EAFB)
for the take of marine mammals, by Level B harassment, incidental to
Naval Explosive Ordnance Disposal School (NEODS) Training Operations at
EAFB, Florida. Under the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to issue an incidental harassment
authorization (IHA) to the Air Force to take, by Level B harassment,
two species of cetaceans at EAFB beginning in October 2007. NMFS is
also requesting comments on its intent to promulgate regulations in
2007 governing the take of marine mammals over a 5-year period
incidental to the activities described herein. NMFS issued an IHA for
these activities in 2005 and 2006. No activities have occurred to date.
DATES: Comments and information must be received no later than August
13, 2007.
ADDRESSES: Comments on the application should be addressed to Michael
Payne, Chief, Permits, Conservation and Education Division, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910-3225. The mailbox address for
providing email comments is PR1.0648-XB13@noaa.gov. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size.
A copy of the application containing a list of the references used
in this document may be obtained by writing to the address specified
above, telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the internet at: 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: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 144.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) if certain findings are made and regulations are issued or, if
the taking is limited to harassment, notice of a proposed authorization
is provided to the public for review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for certain subsistence uses,
and if the permissible methods of taking and requirements pertaining to
the mitigation, monitoring and reporting of such taking are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which citizens of the United States can apply for an
authorization to incidentally take of marine mammals by harassment.
With respect to military readiness activities, the MMPA defines
``harassment'' as:
(i) Any act that injures or has the significant potential to
injure a marine mammal or marine mammal stock in the wild [Level A
Harassment]; or (ii) any act that disturbs or is likely to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not
limited to, migration, surfacing, nursing, breeding, feeding, or
sheltering, to a point where such behavioral patterns are abandoned
or significantly altered [Level B Harassment].
[[Page 38062]]
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
marine mammals. Within 45 days of the close of the comment period, NMFS
must either issue or deny issuance of the authorization.
Summary of Request
On June 7, 2007, NMFS received an application from EAFB requesting
re-authorization for the harassment of Atlantic bottlenose dolphins
(Tursiops truncatus) and Atlantic spotted dolphins (Stenella frontalis)
incidental to NEODS training operations at EAFB, Florida, in the
northern Gulf of Mexico (GOM). Each of up to six missions per year
would include up to 5 live detonations of approximately 5-lb (2.27-kg)
net explosive weight charges to occur in approximately 60-ft (18.3-m)
deep water from one to three nm (1.9 to 5.6 km) off shore. Because this
activity will be a multi-year activity, NMFS also plans to develop
proposed regulations for NEODS training operations at EAFB.
Specified Activities
The mission of NEODS is to train personnel to detect, recover,
identify, evaluate, render safe, and dispose of unexploded ordnance
(UXO) that constitutes a threat to people, material, installations,
ships, aircraft, and operations. The NEODS proposes to utilize three
areas within the Eglin Gulf Test and Training Range (EGTTR), consisting
of approximately 86,000 mi\2\ (222,739 km\2\) within the GOM and the
airspace above, for Mine Countermeasures (MCM) detonations, which
involve mine-hunting and mine-clearance operations. The detonation of
small, live explosive charges disables the function of the mines, which
are inert for training purposes. The proposed training would occur
approximately one to three nautical miles (nm) (1.9 to 5.6 km) offshore
of Santa Rosa Island (SRI) six times annually, at varying times within
the year.
Each of the six training classes would include one or two ``Live
Demolition Days.'' During each set of Live Demolition Days, five inert
mines would be placed in a compact area on the sea floor in
approximately 60 ft (18.3 m) of water. Divers would locate the mines by
hand-held sonars. The AN/PQS-2A acoustic locator has a sound pressure
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 sound sources would attenuate to below
any current threshold for protected species within approximately 10-15
m, noise impacts are not anticipated and are not addressed further in
this analysis.
Five charges packed with five lbs (2.3 kg) of C-4 explosive
material will be set up adjacent to each of the mines. No more than
five charges will be detonated over the 2-day period. Detonation times
will begin no earlier than 2 hours after sunrise and end no later than
2 hours before dusk and charges utilized within the same hour period
will have a maximum separation time of 20 minutes. Mine shapes and
debris will be recovered and removed from the water when training is
completed. A more detailed description of the work proposed is
contained in the application which is available upon request (see
ADDRESSES).
Military Readiness Activity
NEODS supports the Naval Fleet by providing training to personnel
from all four armed services, civil officials, and military students
from over 70 countries. The NEODS facility supports the Department of
Defense Joint Service Explosive Ordnance Disposal training mission. The
Navy and the Marine Corps believe that the ability of Sailors and
Marines to detect, characterize, and neutralize mines from their
operating areas at sea, on the shore, and inland, is vital to their
doctrines.
The Navy believes that an array of transnational, rogue, and
subnational adversaries now pose the most immediate threat to American
interests. Because of their relative low cost and ease of use, mines
will be among the adversaries' weapons of choice in shallow-water
situations, and they will be deployed in an asymmetrical and
asynchronous manner. The Navy needs organic means to clear mines and
obstacles rapidly in three challenging environments: shallow water; the
surf zone; and the beach zone. The Navy also needs a capability for
rapid clandestine surveillance and reconnaissance of minefields and
obstacles in these environments. The NEODS mission in the GOM offshore
of EAFB is considered a military readiness activity pursuant to the
National Defense Authorization Act (NDAA)(Public Law 108-136).
Marine Mammals and Habitat Affected by the Activity
Marine mammal species that potentially occur within the EGTTR
include several species of cetaceans and the West Indian manatee. While
a few manatees may migrate from southern Florida to Louisiana in the
summer, they primarily inhabit coastal and inshore waters and rarely
venture offshore. Dwarf and pygmy sperm whales, while present in the
Gulf of Mexico, are pelagic species and not usually found close to
shore. NEODS missions are conducted one to three nm (5.6 km) from shore
and effects on manatees, dwarf, and pygmy sperm whales are therefore
considered very unlikely and not discussed further in this analysis.
Cetacean abundance estimates for the project area are derived from
GulfCet II aerial surveys conducted from 1996 to 1998 over a 70,470
km\2\ area, including nearly the entire continental shelf region of the
EGTTR, which extends approximately 9 nm (16.7 km) from shore. The dwarf
and pygmy sperm whales are not included in this analysis because their
potential for being found near the project site is remote. Although
Atlantic spotted dolphins do not normally inhabit nearshore waters,
they are included in the analysis to ensure conservative mitigation
measures are applied. The two marine mammal species expected to be
affected by these activities are the bottlenose dolphin (Tursiops
truncatus) and the Atlantic spotted dolphin (Stenella frontalis).
Descriptions of the biology and local distribution of these species can
be found in the application (see ADDRESSES for availability); other
sources such as Wursig et al. (2000), and the NMFS Stock Assessments,
can be viewed at: https://www.NMFS.noaa.gov/pr/PR2/Stock--Assessment--
Program/sars.html.
Atlantic Bottlenose Dolphins
Atlantic bottlenose dolphins are distributed worldwide in tropical
and temperate waters and occur in the slope, shelf, and inshore waters
of the GOM. Based on a combination of geography and ecological and
genetic research, Atlantic bottlenose dolphins have been divided into
many separate stocks within the GOM. The exact structure of these
stocks is complex and continues to be revised as research is completed.
According to the 2005 NOAA stock assessment report, bottlenose dolphins
inhabiting water less than 20 m (66 ft)deep are divided into 36
separate inshore or coastal stocks while animals in water 20-200 m (66
to 656 ft) deep constitute 3 continental shelf stocks. However, coastal
and continental shelf stocks may overlap. The proposed action would
occur on the ocean floor at a depth of approximately 60 ft (18 m) and,
therefore, has the potential to affect both the continental shelf and
coastal stocks. Activities are not expected to
[[Page 38063]]
affect the oceanic stock of bottlenose dolphins in the GOM.
Continental shelf stock assessments were estimated using data from
vessel surveys conducted between 1998 and 2001 (at 20- to 200-m (66- to
656-ft) depths). The minimum population estimate for the northern GOM
continental shelf stock of the Atlantic bottlenose dolphin is 20,414
(Waring et al., 2005).
Distinct inshore stocks are provisionally identified in each of 33
areas of contiguous, enclosed or semi-enclosed bodies of water adjacent
to the Gulf of Mexico (GOM) based on descriptions of relatively
discrete dolphin ``communities'' in some of these areas (Waring et al.,
2005). A ``community includes resident dolphins that regularly share
large portions of their ranges, exhibit similar distinct genetic
profiles, and interact with each other to a much greater extent than
with dolphins in adjacent waters (dolphins from different communities
do interbreed).'' The most recent inshore stock assessment surveys were
conducted aerially in 1993. Two bodies of water north of the project
area are thought to support distinct communities, the Pensacola Bay and
the Choctawhatchee Bay. Population size estimates for most of the
inshore stocks are greater than 8 years old and therefore the current
population size for each stock is considered unknown. Previous
abundance in Pensacola Bay and Choctawhatchee Bay was estimated as 33
and 242 animals, respectively.
Texas A&M University and NMFS conducted GulfCet II aerial surveys
in an area including the EGTTR from 1996 to 1998. Density estimates
were calculated using abundance data collected from the continental
shelf area of the EGTTR. In an effort to provide better species
conservation and protection, estimates were adjusted to incorporate
temporal and spatial variations, surface and submerged variations, and
overall density confidence. The adjusted density estimate for Atlantic
bottlenose dolphins within the project area is 0.810 individuals/km\2\.
A small number of dolphins could not be identified specifically as
Atlantic bottlenose or Atlantic spotted and their estimated density was
0.053 individuals/km\2\.
Atlantic Spotted Dolphins
Atlantic spotted dolphins are endemic to the tropical and warm
temperate waters of the Atlantic Ocean and can be found from the
latitude of Cape May, New Jersey south along mainland shores to
Venezuela, including the GOM and Lesser Antilles. In the GOM, Atlantic
spotted dolphins occur primarily in continental shelf waters 10 to 200
m (33 to 656 ft) deep out to continental slope waters less than 500 m
(1640.4 ft) deep. One recent study presents strong genetic support for
differentiation between GOM and western North Atlantic management
stocks, but the Gulf of Mexico stock has not yet been further
subdivided.
Abundance was estimated in the most recent assessment of the
northern GOM stock of the Atlantic spotted dolphin using combined data
from continental shelf surveys (20 to 200 m (66 to 656 ft) deep) and
oceanic surveys (200 m (656 ft)) to offshore extent of U.S. Exclusive
Economic Zone) conducted from 1996 to 2001. The minimum population
estimate for the northern GOM is 24,752 Atlantic spotted dolphins
(Waring et al., 2005).
Density estimates for the Atlantic spotted dolphin within the EGTTR
were calculated using abundance data collected during the GulfCet II
aerial surveys. In an effort to provide better species conservation and
protection, estimates were adjusted to incorporate temporal and spatial
variations, surface and submerged variations, and overall density
confidence. The adjusted density estimate for Atlantic spotted dolphins
within the project area is 0.677 individuals/km\2\. A small number of
dolphins could not be identified specifically as Atlantic bottlenose or
Atlantic spotted and their estimated density was 0.053 individuals/
km\2\.
Potential Effects of Activities on Marine Mammals
The primary potential impact to the Atlantic bottlenose and the
Atlantic spotted dolphins occurring in the EGTTR from the proposed
detonations is Level B harassment from noise. In the absence of any
mitigation or monitoring measures, there is a very small chance that a
marine mammal could be injured or killed when exposed to the energy
generated from an explosive force on the sea floor. However, NMFS
believes the proposed mitigation measures will preclude this
possibility in the case of this particular activity. Analysis of NEODS
noise impacts to cetaceans was based on criteria and thresholds
initially presented in U.S. Navy Environmental Impact Statements for
ship shock trials of the SEAWOLF submarine and the WINSTON CHURCHILL
vessel and subsequently adopted by NMFS.
Non-lethal injurious impacts (Level A Harassment) are defined in
EAFB's application and this proposed IHA as tympanic membrane (TM)
rupture and the onset of slight lung injury. The threshold for Level A
Harassment corresponds to a 50 percent rate of TM rupture, which can be
stated in terms of an energy flux density (EFD) value of 205 dB re 1
microPa2 s. TM rupture is well-correlated with permanent hearing
impairment (Ketten (1998) indicates a 30 percent incidence of permanent
threshold shift (PTS) at the same threshold). The zone of influence
(ZOI) (farthest distance from the source at which an animal is exposed
to the EFD level referred to) for the Level A Harassment threshold is
52 m (172 ft).
Level B (non-injurious) Harassment includes temporary (auditory)
threshold shift (TTS), a slight, recoverable loss of hearing
sensitivity. One criterion used for TTS is 182 dB re 1 microPa\2\ s
maximum EFD level in any 1/3-octave band above 100 Hz for toothed
whales (e.g., dolphins). The ZOI for this threshold is 230 m (754 ft).
A second criterion, 23 psi, has recently been established by NMFS to
provide a more conservative range for TTS when the explosive or animal
approaches the sea surface, in which case explosive energy is reduced,
but the peak pressure is not. The ZOI for 23 psi is 222 m (728 ft)
(NMFS will apply the more conservative of these two).
Level B Harassment also includes behavioral modifications resulting
from repeated noise exposures (below TTS) to the same animals (usually
resident) over a relatively short period of time. Threshold criteria
for this particular type of harassment are currently still being
considered. One recommendation is a level of 6 dB below TTS (see 69 FR
21816, April 22, 2004), which would be 176 dB re 1 microPa\2\s. Due,
however, to the infrequency of the detonations, the potential
variability in target locations, and the continuous movement of marine
mammals off the northern Gulf, NMFS believes that behavioral
modification from repeated exposures to the same animal is highly
unlikely.
Numbers of Marine Mammals Estimated to be Harassed
Estimates of the potential number of Atlantic bottlenose dolphins
and Atlantic spotted dolphins to be harassed by the training were
calculated using the number of distinct firing or test events (maximum
30 per year), the ZOI for noise exposure, and the density of animals
that potentially occur in the ZOI. The take estimates provided here do
not include mitigation measures, which are expected to further minimize
impacts to protected species and make injury or death highly unlikely.
The estimated number of Atlantic bottlenose dolphins and Atlantic
spotted dolphins potentially taken through exposure to the Level A
[[Page 38064]]
Harassment threshold (205 dB re 1 microPa\2\s), are less than one (0.21
and 0.18, respectively) annually.
For Level B Harassment, two separate criteria were established, one
expressed in dB re 1 microPa\2\s maximum EFD level in any 1/3-octave
band above 100 Hz, and one expressed in psi. The estimated numbers of
Atlantic bottlenose dolphins and Atlantic spotted dolphins potentially
taken through exposure to 182 dB are 3.96 and 3.30 individuals,
respectively. The estimated numbers potentially taken through exposure
to 23 psi are also 4 and 3 individuals, respectively.
Possible Effects of Activities on Marine Mammal Habitat
The Air Force anticipates no loss or modification to the habitat
used by Atlantic bottlenose dolphins or Atlantic spotted dolphins in
the EGTTR. The primary source of marine mammal habitat impact resulting
from the NEODS missions is noise, which is intermittent (maximum 30
times per year) and of limited duration. The effects of debris (which
will be recovered following test activities), ordnance, fuel, and
chemical residues were analyzed in the NEODS Biological Assessment and
the Air Force concluded that marine mammal habitat would not be
affected.
Proposed Mitigation and Monitoring
Mitigation will consist primarily of surveying and taking action to
avoid detonating charges when protected species are within the ZOI. A
trained, NMFS-approved observerwill be staged from the highest point
possible on a support ship and have proper lines of communication to
the Officer in Tactical Command. The survey area will be 460 m (1509
ft) in every direction from the target, which is twice the radius of
the ZOI for Level B Harassment (230 m (755 ft)). To ensure visibility
of marine mammals to observers, NEODS missions will be delayed if
whitecaps cover more than 50 percent of the surface or if the waves are
greater than 0.91 m (3 feet) (Beaufort Sea State 4).
Pre-mission monitoring will be used to evaluate the test site for
environmental suitability of the mission. Visual surveys will be
conducted two hours and one hour continuing to 5 minutes prior to the
mission to verify that the ZOI (230 m (755 ft)) is free of visually
detectable marine mammals and large schools of fish, and that the
weather is adequate to support visual surveys. The observer will plot
and record sightings, bearing, and time for all marine mammals
detected, which would allow the observer to determine if the animal is
likely to enter the test area during detonation. If a marine mammal
appears likely to enter the test area during detonation, if large
schools of fish are present, or if the weather is inadequate to support
monitoring, the observer will declare the range fouled and the tactical
officer will implement a hold until monitoring indicates that the test
area is and will remain clear of detectable marine mammals.
Monitoring of the test area will continue throughout the mission
until the last detonation is complete. The mission would be postponed
if:
(1) Any marine mammal is visually detected within the ZOI (230 m
(755 ft)). The delay would continue until the animal that caused the
postponement is confirmed to be outside the ZOI (visually observed
swimming out of the range).
(2) Any marine mammal is detected in the ZOI and subsequently is
not seen again. The mission would not continue until the last verified
location is outside of the ZOI and the animal is moving away from the
mission area.
(3) Large schools of fish are observed in the water within of the
ZOI. The delay would continue until large schools are confirmed to be
outside the ZOI.
In the event of a postponement, pre-mission monitoring would
continue as long as weather and daylight hours allow. If a charge
failed to explode, mitigation measures would continue while operations
personnel attempted to recognize and solve the problem (detonate the
charge).
Post-mission monitoring is designed to determine the effectiveness
of pre-mission mitigation by reporting any sightings of dead or injured
marine mammals. Post-detonation monitoring, concentrating on the area
down current of the test site, would commence immediately following
each detonation and continue for at least two hours after the last
detonation. The monitoring team would document and report to the
appropriate marine animal stranding network any marine mammals killed
or injured during the test and, if practicable, recover and examine any
dead animals. The species, number, location, and behavior of any
animals observed by the teams would be documented and reported to the
Officer in Tactical Command.
Reporting
The Air Force will notify NMFS 2 weeks prior to initiation of each
training session. Any takes of marine mammals other than those
authorized by the IHA, as well as any injuries or deaths of marine
mammals, will be reported to the Southeast Regional Administrator,
NMFS, within 24 hours. A summary of mission observations and test
results, including dates and times of detonations as well as pre- and
post-mission monitoring observations, will be submitted to the
Southeast Regional Office (NMFS) and to the Division of Permits,
Conservation, and Education, Office of Protected Resources (NMFS)
within 90 days after the completion of the last training session.
Endangered Species Act
In a Biological Opinion issued on October 25, 2004, NMFS concluded
that the NEODS training missions and their associated actions are not
likely to jeopardize the continued existence of threatened or
endangered species under the jurisdiction of NMFS or destroy or
adversely modify critical habitat that has been designated for those
species. NMFS has issued an incidental take statement (ITS) for sea
turtles pursuant to section 7 of the Endangered Species Act. The ITS
contains reasonable and prudent measures with implementing terms and
conditions to minimize the effects of this take. This proposed IHA
action is within the scope of the previously analyzed action and does
not change the action in a manner that was not considered previously.
National Environmental Policy Act
In 2005, NMFS prepared an Environmental Assessment (EA) on the
Issuance of Authorizations to Take Marine Mammals, by Harassment,
Incidental to Naval Explosive Ordnance Disposal School Training
Operations at Eglin Air Force Base, Florida, and subsequently issued a
Finding of No Significant Impact (FONSI). This proposed IHA action is
within the scope of the previously analyzed action and does not change
the action in a manner that was not considered previously. Therefore,
preparation of an EIS on this action is not required by section 102(2)
of the NEPA or its implementing regulations.
Preliminary Conclusions
NMFS proposes to issue an IHA to the USAF for the NEODS training
missions to take place at EAFB over a 1-year period. The proposal to
issue this IHA is contingent upon adherence to the previously mentioned
mitigation, monitoring, and reporting requirements. NMFS has
preliminarily determined that the impact of the NEODS training, which
entails up to six missions per year, including up to five live
detonations per mission of
[[Page 38065]]
approximately 5-lb (2.27 kg) net explosive weight charges to occur in
approximately 60-foot (18 m) deep water from one to three nm off shore,
will result in the Level B harassment of a few Atlantic bottlenose
dolphins and Atlantic spotted dolphins and; therefore, would have a
negligible impact on these marine mammal species and stocks. Dwarf and
pygmy sperm whales and manatees are unlikely to be found in the area
and, therefore, will not be affected. While behavioral modifications
may be made by Atlantic bottlenose dolphins and Atlantic spotted
dolphins to avoid the resultant acoustic stimuli, there is virtually no
possibility of injury or mortality when the potential density of
dolphins in the area and extent of mitigation and monitoring are taken
into consideration. The effects of the NEODS training are expected to
be limited to short-term and localized TTS-related behavioral changes.
Due to the infrequency and localized nature of these activities,
the estimated number of marine mammals, relative to the population
size, potentially taken by harassment is small (less than 0.0002
percent for each species, and perhaps 1-2 percent of an inshore stock
of bottlenose dolphin if one of them were harassed). In addition, no
take by injury and/or death is anticipated. No rookeries, mating
grounds, areas of concentrated feeding, or other areas of special
significance for marine mammals occur within or near the NEODS test
sites.
Information Solicited
NMFS requests interested persons to submit comments and information
concerning this request (see ADDRESSES). Concurrent with the
publication of this notice in the Federal Register, NMFS is forwarding
copies of this application to the Marine Mammal Commission and its
Committee of Scientific Advisors.
Dated: July 6, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E7-13424 Filed 7-11-07; 8:45 am]
BILLING CODE 3510-22-S
