Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Naval Surface Warfare Center Panama City Division Mission Activities, 20029-20032 [E8-7897]
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Federal Register / Vol. 73, No. 72 / Monday, April 14, 2008 / Notices
The meeting will be held in
the NOAA Science Center Room, 1301
East-West Highway, Silver Spring, MD
20910.
DEPARTMENT OF COMMERCE
FOR FURTHER INFORMATION CONTACT:
RIN: 0648–XH18
ADDRESSES:
Cheri McCarty, 301–713–9090,
Extension 183.
SUPPLEMENTARY INFORMATION: The
Secretary of Commerce is charged with
the responsibility of discharging the
domestic obligations of the United
States under the International
Convention for the Regulation of
Whaling, 1946. The U.S. Commissioner
has responsibility for the preparation
and negotiation of U.S. positions on
international issues concerning whaling
and for all matters involving the IWC.
He is staffed by the Department of
Commerce and assisted by the
Department of State, the Department of
the Interior, the Marine Mammal
Commission, and by other agencies.
Once the draft agenda for the annual
IWC meeting is completed, it will be
posted on the IWC Secretariat’s website
at https://www.iwcoffice.org.
Each year NOAA holds a meeting
prior to the annual IWC meeting to
discuss the tentative U.S. positions for
the upcoming IWC meeting. Because the
meeting discusses U.S. positions, the
substance of the meeting must be kept
confidential. Any U.S. citizen with an
identifiable interest in U.S. whale
conservation policy may participate, but
NOAA reserves the authority to inquire
about the interests of any person who
appears at a meeting and to determine
the appropriateness of that person’s
participation.
Persons who represent foreign
interests may not attend. These stringent
measures are necessary to protect the
confidentiality of U.S. negotiating
positions and are a necessary basis for
the relatively open process of preparing
for IWC meetings.
The meeting will be held at 1 p.m. at
the NOAA Science Center Room, 1301
East-West Highway, Silver Spring, MD
20910. Photo identification is required
to enter the building.
Special Accommodations
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This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Cheri McCarty, 301–713–9090 by April
25, 2008.
Dated: April 8, 2008.
Rebecca J. Lent,
Director, Office of International Affairs,
National Marine Fisheries Service.
[FR Doc. E8–7901 Filed 4–11–08; 8:45 am]
BILLING CODE 3510–22–S
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National Oceanic and Atmospheric
Administration
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 will convene a
meeting of its Ecosystem Scientific and
Statistical Committee (SSC) and Ad Hoc
Marine Reserve Scientific and Statistical
Committee (ADMRSSC) in Tampa, FL
on May 6 & 7, 2008.
DATES: The Ecosystem SSC and Ad Hoc
Marine Reserve SSC meeting will begin
at 9 a.m. on Tuesday, May 6, 2008 and
conclude by 5 p.m. on Wednesday, May
7, 2008.
ADDRESSES: The meeting will be held at
the Quorum Hotel, 700 N. Westshore
Blvd., Tampa, FL 33609.
Council address: Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607.
FOR FURTHER INFORMATION CONTACT:
Steven Atran, Population Dynamics
Statistician, Gulf of Mexico Fishery
Management Council; telephone: (813)
348–1630.
SUPPLEMENTARY INFORMATION: The
Ecosystem SSC and Ad Hoc Marine
Reserves SSC will hold an ecosystem
modeling workshop to continue work
on development and evaluation of
ecosystem models as fishery
management tools in the Gulf of Mexico.
This will be the third such workshop
held by the Ecosystem SSC. One focus
of this upcoming workshop will be to
examine the utility of ecosystem
modeling to evaluate marine protected
area (MPA) alternatives. The charge of
the Ad Hoc Marine Reserves SSC
includes making recommendations
based on scientifically developed
criteria for establishing reserves and
testing their effectiveness as to whether
they were working. Therefore, the Ad
Hoc Marine Reserves SSC’s purpose in
this workshop is to provide their input
as to the efficacy of this approach to
evaluate reserves.
The objectives of this workshop are
to:
1. Continue the process of developing
and evaluating the Gulf of Mexico
Ecosim with Ecopath model as well as
other models that may provide
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alternative or supplemental type of
analyses.
2. Examine the utility of ecosystem
models as a tool to evaluate potential
MPA alternatives.
3. Begin the development of a
framework for incorporating ecosystem
evaluations into the management
decision-making process.
Copies of the agendas and other
related materials can be obtained by
calling (813) 348–1630.
Although other non-emergency issues
not on the agendas may come before the
SSC and ADMRSSC 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 these meetings. Actions of
the SSC will be restricted to those issues
specifically identified in the agendas
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 Council’s
intent to take action to address the
emergency.
Special Accommodations
These 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: April 8, 2008.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–7789 Filed 4–11–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XH08
Taking of Marine Mammals Incidental
to Specified Activities; Taking Marine
Mammals Incidental to Naval Surface
Warfare Center Panama City Division
Mission Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of applications
for letters of authorization; request for
comments and information.
AGENCY:
SUMMARY: NMFS has received requests
from the U.S. Navy (Navy) for
authorizations for the take of marine
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Federal Register / Vol. 73, No. 72 / Monday, April 14, 2008 / Notices
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mammals incidental to Naval Surface
Warfare Center Panama City Division
(NSWC PCD) mission activities for the
period beginning July 10, 2009 and
ending July 9, 2014. Pursuant to the
implementing regulations of the Marine
Mammal Protection Act (MMPA), NMFS
is announcing our receipt of the Navy’s
requests for the development and
implementation of regulations
governing the incidental taking of
marine mammals and inviting
information, suggestions, and comments
on the Navy’s applications and requests.
DATES: Comments and information must
be received no later than May 14, 2008.
ADDRESSES: Comments on the
applications should be addressed to P.
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–
XH08@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. Copies
of the Navy’s application may be
obtained by writing to the address
specified above (See ADDRESSES),
telephoning the contact listed below
(see FOR FURTHER INFORMATION CONTACT),
or visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm. A draft Environmental
Impact Statement/Overseas
Environmental Impact Statement NSWC PCD Mission Activities (EIS/
OEIS) prepared by the Navy can be
viewed at: https://
nswcpc.navsea.navy.mil/EnvironmentDocuments.htm.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS, (301) 713–2289, ext.
137.
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 (Secretary)
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 no more than a
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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 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.
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].
Summary of Request
On April 3, 2008, NMFS received an
application from the Navy requesting an
authorization for the take of 15 species/
stocks of cetacean incidental to the
proposed mission activities in the
NSWC PCD study area over the course
of 5 years. These mission activities are
classified as military readiness
activities. The purpose of the proposed
mission activities is to enhance NSWC
PCD’s capability and capacity to meet
littoral and expeditionary warfare
requirements by providing Research,
Development, Test, and Evaluation
(RDT&E) and in service engineering for
expeditionary maneuver warfare,
operations in extreme environments,
mine warfare, maritime operations, and
coastal operations. The Navy states that
these training activities may cause
various impacts to marine mammal
species in the NSWC PCD study area.
The Navy requests an authorization to
take individuals of these cetacean
species by Level B Harassment. Further,
the Navy requests an authorization to
take 1 individual each of bottlenose,
Atlantic spotted, and pantropical
spotted dolphins per year by injury, as
a result of the proposed mission
activities. Please refer to Tables 6–3, 6–
4, 6–6, 6–7, 6–8, and 6–9 of the LOA
application for detailed information of
the potential exposures from sonar
exercises, detonations, and line charges
(per year) for marine mammals in the
NSWC PCD study area.
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Specified Activities
In the application submitted to
NMFS, the Navy requests an
authorization for take of marine
mammals incidental to conducting
mission activities within the NSWC
PCD study area, which includes St.
Andrew Bay (SAB) and military
warning areas (areas within the Gulf of
Mexico (GOM) subject to military
operations) W–151 (includes Panama
City Operating Area), W–155 (includes
Pensacola Operating Area), and W–470.
NSWC PCD provides RDT&E and inservice support for expeditionary
maneuver warfare, operations in
extreme environments, mine warfare,
maritime (ocean-related) operations, and
coastal operations. A variety of naval
assets, including ships, aircraft, and
underwater systems support the mission
activities for eight primary test
operations that occur within or over the
water environment up to the high water
mark. These operations include air,
surface, and subsurface operations,
sonar, electromagnetic energy, laser,
ordnance, and projectile firing. Among
the aforementioned operations, those
activities that have been identified in
the past to have the potential to affect
marine mammals include surface, sonar,
ordnance, and projectile firing
operations. The following paragraphs
provide some descriptions of these
activities. For detailed description of
these proposed activities, please refer to
the LOA application and the NSWC
PCD EIS/OEIS.
Surface Operations
A significant portion of NSWC PCD
RDT&E relies on surface operations to
successfully complete missions. Four
subcategories make up the surface
operations category. They include
support activities, tows, deployment
and recovery of equipment and systems
development.
The first subcategory is support
activities, which are required by nearly
all of the testing missions within the
NSWC PCD study area. The size of these
vessels varies in accordance with the
test requirements and vessel
availability. Often multiple surface
crafts are required to support a single
test event. Acting as a support platform
for testing, these vessels are utilized to
carry test equipment and personnel to
and from the test sites and are also used
to secure and monitor the designated
test area. Normally, these vessels remain
on site and return to port following the
completion of the test; occasionally,
however, they remain on-station
throughout the duration of the test cycle
for guarding sensitive equipment in the
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water. Testing associated with these
operational capabilities may include a
single test event or a series of test events
spread out over consecutive days or as
one long test operation that requires
multiple days to complete.
The remaining subcategories of
additional support include tows,
deployment and recovery of equipment,
and systems development. Tows are
also conducted from ships at the NSWC
PCD to test system functionality. Tow
tests of this nature involve either
transporting the system to the
designated test area where it is deployed
and towed over a pre-positioned inert
minefield or towing the system from
NSWC PCD to the designated test area.
Surface vessels are also utilized as a tow
platform for systems that are designed to
be deployed by helicopters. Surface
vessels that are used in this manner
normally return to port the same day.
However, this is test dependent, and
under certain circumstance (e.g.,
endurance testing), the vessel may be
required to remain on site for an
extended period of time. Finally,
RDT&E activities also encompass testing
of new, alternative, or upgraded
hydrodynamics, and propulsion,
navigational, and communication
software and hardware systems.
Sonar Operations
NSWC PCD sonar operations involve
the testing of various sonar systems in
the ocean and laboratory environment
as a means of demonstrating the
systems’ software capability to detect,
locate, and characterize mine-like
objects under various environmental
conditions. The data collected are used
to validate the sonar systems’
effectiveness and capability to meet the
mission.
The various sonar systems proposed
to be tested within the NSWC PCD
Study Area range in frequencies from 1
kilohertz (kHz) to 5 megahertz (MHz)
(5,000 kHz). The source levels
associated with some of the NSWC PCD
sonar systems range from between 200
dB re 1 microPa-m to 250 dB re 1
microPa-m. The sonar systems tested are
typically part of a towed array or hull
mounted to a vessel. Additionally,
subsystems associated with an
underwater unmanned vehicle (UUV) or
surf zone crawler operation are
included. Operating parameters of the
sonar systems used at NSWC PCD can
be found in Appendix A of the LOA
application.
Table 1–1 of the LOA application
provides an overall summary of the total
tempos associated with sonar operations
for the proposed mission activities. The
table includes number of hours of
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operation for mid-frequency and highfrequency sonar testing activities for
territorial and non-territorial waters,
respectively.
Ordnance Operations
Ordnance operations include live
testing of ordnance of various net
explosive weights and line charges.
(1) Ordnance
Live testing would only be conducted
after a system has successfully
completed inert testing and an adequate
amount of data has been collected to
support the decision for live testing.
Testing with live targets or ordnance
would be closely monitored and uses
the minimum number of live munitions
necessary to meet the testing
requirement. Depending on the test
scenario, live testing may occur from the
surf zone out to the outer perimeter of
the NSWC PCD study area. The Navy
requires the capability to conduct
ordnance operations in shallow water to
clear surf zone areas for sea-based
expeditionary operations. The size and
weight of the explosives used varies
from 0.91 to 272 kg (2 to 600 lb)
trinitrotoluene (TNT) net explosive
weight (NEW) depending on the test
requirements. Detonation of ordnance
with a NEW less than 34.5 kg (76 lb)
would be conducted in territorial waters
and detonations of ordnance with a
NEW greater than 34.5 kg (76 lb) would
be conducted in non-territorial waters.
(2) Line Charges
Line charges consist of a 107 m (350
ft) detonation cord with explosives
lined from one end to the other end in
2 kg (5 lb) increments and total 794 kg
(1,750 lb) of NEW. The charge is
considered one explosive source that
has multiple increments that detonate at
one time. The Navy proposes to conduct
up to three line charge events in the surf
zone. Line charge testing would only be
conducted in the surf zone along the
portion of Santa Rosa Island that is part
of Eglin Air Force Base (AFB). The Navy
must develop a capability to safely clear
surf zone areas for sea-based
expeditionary operations. To that end,
NSWC PCD occasionally performs
testing on various surf zone clearing
systems that use line charges to
neutralize mine threats. These tests
would be typically conducted from a
surface vessel (e.g., Landing Craft Air
Cushion) and would be deployed using
either a single or dual rocket launch
scenario. This would be a systems
development test and only assesses the
in-water components of testing.
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Table 1–1 of the LOA application
provides an overview of ordnance
testing at NSWC PCD.
Projectile Firing Operations
Current projectile firing includes 50
rounds of 30–mm ammunition each year
within the NSWC PCD study area. The
capability of utilizing gunfire during test
operations was identified as a future
requirement. Rounds (individual shots)
identified include 5 inch, 20 mm, 25
mm, 30 mm, 40 mm, 76 mm, and
various small arms ammunition (i.e.,
standard target ammo). Projectiles
associated with these rounds are mainly
armor-piercing projectiles. The 5–in
round is a high explosive projectile
containing approximately 3.63 kg (8 lbs)
of explosive material. All projectile
firing would occur over non-territorial
waters.
Proposed Monitoring and Mitigation
Measures
The NSWC PCD proposed a list of
monitoring and mitigation measures to
reduce any potential to marine
mammals.
The Navy would provide training to
marine observers and would establish
quickly and effectively communication
within the command structure to
facilitate implementation of protective
measures if marine mammals are
spotted during the operations. Marine
observers would have at least one set of
binoculars available for each person to
aid in the detection of marine mammals.
Marine observers would scan the water
from the ship to the horizon and be
responsible for all observations in their
sector. Observers would be responsible
for informing the Test Director of any
marine mammal that is sighted. Test
Directors would, as appropriate to the
event, make use of marine species
detection cues and information to limit
interaction with marine species to the
maximum extent possible, consistent
with the safety of the ship. A summary
of specific monitoring and mitigation
measures is provided below:
Mitigation Measures for Surface
Operations
For surface activities, visual surveys
would be conducted for all test
operations to reduce the potential for
vessel collisions with a protected
species. If necessary, the ship’s course
and speed would be adjusted. Other
mitigation measures include
maintaining alert vessel lookouts when
traveling at high speeds to reduce the
potential for collision to occur with a
marine mammal.
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Mitigation Measures for Sonar
Operations
For sonar operations, in general, the
Navy will operate sonar at the lowest
practicable level, not to exceed source
level of 235 dB re 1 microPa, except as
required to meet RDT&E objectives.
Prior to start up or restart of active
sonar, operators will check that the
safety zone radii around the sound
system are clear of marine mammals.
Helicopters will observe/survey the
vicinity of an NSWC PCD RDT&E
activity for 10 minutes before the first
deployment of active (dipping) sonar in
the water.
During operations involving midfrequency active (MFA) sonar,
personnel would use all available sensor
and optical systems (such as night
vision goggles to aid in the detection of
marine mammals). Navy aircraft
participating would conduct and
maintain, when operationally feasible,
required, and safe, surveillance for
marine mammal species as long as it
does not violate safety constraints or
interfere with the accomplishment of
primary operational duties.
Marine mammal detections by aircraft
will be immediately reported to the Test
Director. This action will occur when it
is reasonable to conclude that the course
of the ship will likely approach marine
mammals within the safety radii.
When marine mammals are detected
by any means (aircraft, shipboard
lookout, or acoustically) within 914 m
(1,000 yd) of the sonar system, the
platform will limit active transmission
levels to at least 6 decibels (dB) below
normal operating levels. Vessels will
continue to limit maximum
transmission levels by this 6–dB factor
until the animal has been seen to leave
the area, has not been detected for 30
minutes, or the vessel has transited
more than 914 m (1,000 yd) beyond the
location of the last detection.
Should a marine mammal be detected
within or closing to inside 457 m (500
yd) of the sonar dome, active sonar
transmissions will be limited to at least
10 dB below the equipment’s normal
operating level. Platforms will continue
to limit maximum ping levels by this
10–dB factor until the animal has been
seen to leave the area, has not been
detected for 30 minutes, or the vessel
has transited more than 914 m (1,000
yd) beyond the location of the last
detection.
Should the marine mammal be
detected within or closing to inside 183
m (200 yd) of the sonar dome, active
sonar transmissions will cease. Sonar
will not resume until the animal has
been seen to leave the area, has not been
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detected for 30 minutes, or the vessel
has transited more than 914 m (1,000
yd) beyond the location of the last
detection.
If the need for power-down should
arise, Navy staff will follow the
requirements as though they were
operating at 235 dB, the normal
operating level (i.e., the first powerdown will be to 229 dB, regardless of
the level above 235 dB the sonar was
being operated).
DEPARTMENT OF COMMERCE
Mitigation Measures for Detonations
and Projectiles
AGENCY:
No detonations over 34 kg (75 lb) of
NEW would be conducted in territorial
waters. However, this does not apply to
the line charge detonation, which is a
107 m (350 ft) detonation cord with
explosives lined from one end to the
other end in 2 kg (5 lb) increments and
total 794 kg (1,750 lb) of NEW. This
charge is considered one explosive
source that has multiple increments that
detonate at one time.
The number of live mine detonations
would be minimized and the smallest
amount of explosive material possible to
achieve test objectives will be used.
Visual surveys and aerial surveys will
be conducted for all test operations that
involve detonation events with large
NEW. Any protected species sighted
would be avoided.
Line charge tests would not be
conducted during the nighttime.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the Navy’s request (see
ADDRESSES). All information,
suggestions, and comments related to
the Naval Surface Warfare Center
Panama City Division’s request and
NMFS’ potential development and
implementation of regulations
governing the incidental taking of
marine mammals by the Navy’s mission
activities will be considered by NMFS
in developing, if appropriate, the most
effective regulations governing the
issuance of letters of authorization.
Dated: April 8, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–7897 Filed 4–11–08; 8:45 am]
BILLING CODE 3510–22–S
PO 00000
National Oceanic and Atmospheric
Administration
RIN 0648–XG77
Taking of Marine Mammals Incidental
to Specified Activities; Taking Marine
Mammals Incidental to Navy Training
Operations Conducted within the
Virginia Capes and Jacksonville Range
Complexes
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of applications
for letters of authorization; request for
comments and information.
SUMMARY: NMFS has received requests
from the U.S. Navy (Navy) for
authorizations for the take of marine
mammals incidental to training
operations conducted within the
Virginia Capes (VACAPES) Range
Complex and the Jacksonville (JAX)
Range Complex for the period beginning
April 28, 2009 and ending April 27,
2014. Pursuant to the implementing
regulations of the Marine Mammal
Protection Act (MMPA), NMFS is
announcing our receipt of the Navy’s
requests for the development and
implementation of regulations
governing the incidental taking of
marine mammals and inviting
information, suggestions, and comments
on the Navy’s applications and requests.
DATES: Comments and information must
be received no later than May 14, 2008.
ADDRESSES: Comments on the
applications should be addressed to P.
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–
XG77@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. Copies
of the Navy’s applications may be
obtained by writing to the address
specified above (See ADDRESSES),
telephoning the contact listed below
(see FOR FURTHER INFORMATION CONTACT),
or visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
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]]>Agencies
[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Notices]
[Pages 20029-20032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7897]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XH08
Taking of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Naval Surface Warfare Center Panama
City Division Mission Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of applications for letters of authorization;
request for comments and information.
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SUMMARY: NMFS has received requests from the U.S. Navy (Navy) for
authorizations for the take of marine
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mammals incidental to Naval Surface Warfare Center Panama City Division
(NSWC PCD) mission activities for the period beginning July 10, 2009
and ending July 9, 2014. Pursuant to the implementing regulations of
the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt
of the Navy's requests for the development and implementation of
regulations governing the incidental taking of marine mammals and
inviting information, suggestions, and comments on the Navy's
applications and requests.
DATES: Comments and information must be received no later than May 14,
2008.
ADDRESSES: Comments on the applications should be addressed to P.
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-XH08@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. Copies of the Navy's
application may be obtained by writing to the address specified above
(See ADDRESSES), telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/incidental.htm. A draft Environmental
Impact Statement/Overseas Environmental Impact Statement - NSWC PCD
Mission Activities (EIS/OEIS) prepared by the Navy can be viewed at:
https://nswcpc.navsea.navy.mil/Environment-Documents.htm.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 137.
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 (Secretary) 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 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 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.
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].
Summary of Request
On April 3, 2008, NMFS received an application from the Navy
requesting an authorization for the take of 15 species/stocks of
cetacean incidental to the proposed mission activities in the NSWC PCD
study area over the course of 5 years. These mission activities are
classified as military readiness activities. The purpose of the
proposed mission activities is to enhance NSWC PCD's capability and
capacity to meet littoral and expeditionary warfare requirements by
providing Research, Development, Test, and Evaluation (RDT&E) and in
service engineering for expeditionary maneuver warfare, operations in
extreme environments, mine warfare, maritime operations, and coastal
operations. The Navy states that these training activities may cause
various impacts to marine mammal species in the NSWC PCD study area.
The Navy requests an authorization to take individuals of these
cetacean species by Level B Harassment. Further, the Navy requests an
authorization to take 1 individual each of bottlenose, Atlantic
spotted, and pantropical spotted dolphins per year by injury, as a
result of the proposed mission activities. Please refer to Tables 6-3,
6-4, 6-6, 6-7, 6-8, and 6-9 of the LOA application for detailed
information of the potential exposures from sonar exercises,
detonations, and line charges (per year) for marine mammals in the NSWC
PCD study area.
Specified Activities
In the application submitted to NMFS, the Navy requests an
authorization for take of marine mammals incidental to conducting
mission activities within the NSWC PCD study area, which includes St.
Andrew Bay (SAB) and military warning areas (areas within the Gulf of
Mexico (GOM) subject to military operations) W-151 (includes Panama
City Operating Area), W-155 (includes Pensacola Operating Area), and W-
470. NSWC PCD provides RDT&E and in-service support for expeditionary
maneuver warfare, operations in extreme environments, mine warfare,
maritime (ocean-related) operations, and coastal operations. A variety
of naval assets, including ships, aircraft, and underwater systems
support the mission activities for eight primary test operations that
occur within or over the water environment up to the high water mark.
These operations include air, surface, and subsurface operations,
sonar, electromagnetic energy, laser, ordnance, and projectile firing.
Among the aforementioned operations, those activities that have been
identified in the past to have the potential to affect marine mammals
include surface, sonar, ordnance, and projectile firing operations. The
following paragraphs provide some descriptions of these activities. For
detailed description of these proposed activities, please refer to the
LOA application and the NSWC PCD EIS/OEIS.
Surface Operations
A significant portion of NSWC PCD RDT&E relies on surface
operations to successfully complete missions. Four subcategories make
up the surface operations category. They include support activities,
tows, deployment and recovery of equipment and systems development.
The first subcategory is support activities, which are required by
nearly all of the testing missions within the NSWC PCD study area. The
size of these vessels varies in accordance with the test requirements
and vessel availability. Often multiple surface crafts are required to
support a single test event. Acting as a support platform for testing,
these vessels are utilized to carry test equipment and personnel to and
from the test sites and are also used to secure and monitor the
designated test area. Normally, these vessels remain on site and return
to port following the completion of the test; occasionally, however,
they remain on-station throughout the duration of the test cycle for
guarding sensitive equipment in the
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water. Testing associated with these operational capabilities may
include a single test event or a series of test events spread out over
consecutive days or as one long test operation that requires multiple
days to complete.
The remaining subcategories of additional support include tows,
deployment and recovery of equipment, and systems development. Tows are
also conducted from ships at the NSWC PCD to test system functionality.
Tow tests of this nature involve either transporting the system to the
designated test area where it is deployed and towed over a pre-
positioned inert minefield or towing the system from NSWC PCD to the
designated test area. Surface vessels are also utilized as a tow
platform for systems that are designed to be deployed by helicopters.
Surface vessels that are used in this manner normally return to port
the same day. However, this is test dependent, and under certain
circumstance (e.g., endurance testing), the vessel may be required to
remain on site for an extended period of time. Finally, RDT&E
activities also encompass testing of new, alternative, or upgraded
hydrodynamics, and propulsion, navigational, and communication software
and hardware systems.
Sonar Operations
NSWC PCD sonar operations involve the testing of various sonar
systems in the ocean and laboratory environment as a means of
demonstrating the systems' software capability to detect, locate, and
characterize mine-like objects under various environmental conditions.
The data collected are used to validate the sonar systems'
effectiveness and capability to meet the mission.
The various sonar systems proposed to be tested within the NSWC PCD
Study Area range in frequencies from 1 kilohertz (kHz) to 5 megahertz
(MHz) (5,000 kHz). The source levels associated with some of the NSWC
PCD sonar systems range from between 200 dB re 1 microPa-m to 250 dB re
1 microPa-m. The sonar systems tested are typically part of a towed
array or hull mounted to a vessel. Additionally, subsystems associated
with an underwater unmanned vehicle (UUV) or surf zone crawler
operation are included. Operating parameters of the sonar systems used
at NSWC PCD can be found in Appendix A of the LOA application.
Table 1-1 of the LOA application provides an overall summary of the
total tempos associated with sonar operations for the proposed mission
activities. The table includes number of hours of operation for mid-
frequency and high-frequency sonar testing activities for territorial
and non-territorial waters, respectively.
Ordnance Operations
Ordnance operations include live testing of ordnance of various net
explosive weights and line charges.
(1) Ordnance
Live testing would only be conducted after a system has
successfully completed inert testing and an adequate amount of data has
been collected to support the decision for live testing. Testing with
live targets or ordnance would be closely monitored and uses the
minimum number of live munitions necessary to meet the testing
requirement. Depending on the test scenario, live testing may occur
from the surf zone out to the outer perimeter of the NSWC PCD study
area. The Navy requires the capability to conduct ordnance operations
in shallow water to clear surf zone areas for sea-based expeditionary
operations. The size and weight of the explosives used varies from 0.91
to 272 kg (2 to 600 lb) trinitrotoluene (TNT) net explosive weight
(NEW) depending on the test requirements. Detonation of ordnance with a
NEW less than 34.5 kg (76 lb) would be conducted in territorial waters
and detonations of ordnance with a NEW greater than 34.5 kg (76 lb)
would be conducted in non-territorial waters.
(2) Line Charges
Line charges consist of a 107 m (350 ft) detonation cord with
explosives lined from one end to the other end in 2 kg (5 lb)
increments and total 794 kg (1,750 lb) of NEW. The charge is considered
one explosive source that has multiple increments that detonate at one
time. The Navy proposes to conduct up to three line charge events in
the surf zone. Line charge testing would only be conducted in the surf
zone along the portion of Santa Rosa Island that is part of Eglin Air
Force Base (AFB). The Navy must develop a capability to safely clear
surf zone areas for sea-based expeditionary operations. To that end,
NSWC PCD occasionally performs testing on various surf zone clearing
systems that use line charges to neutralize mine threats. These tests
would be typically conducted from a surface vessel (e.g., Landing Craft
Air Cushion) and would be deployed using either a single or dual rocket
launch scenario. This would be a systems development test and only
assesses the in-water components of testing.
Table 1-1 of the LOA application provides an overview of ordnance
testing at NSWC PCD.
Projectile Firing Operations
Current projectile firing includes 50 rounds of 30-mm ammunition
each year within the NSWC PCD study area. The capability of utilizing
gunfire during test operations was identified as a future requirement.
Rounds (individual shots) identified include 5 inch, 20 mm, 25 mm, 30
mm, 40 mm, 76 mm, and various small arms ammunition (i.e., standard
target ammo). Projectiles associated with these rounds are mainly
armor-piercing projectiles. The 5-in round is a high explosive
projectile containing approximately 3.63 kg (8 lbs) of explosive
material. All projectile firing would occur over non-territorial
waters.
Proposed Monitoring and Mitigation Measures
The NSWC PCD proposed a list of monitoring and mitigation measures
to reduce any potential to marine mammals.
The Navy would provide training to marine observers and would
establish quickly and effectively communication within the command
structure to facilitate implementation of protective measures if marine
mammals are spotted during the operations. Marine observers would have
at least one set of binoculars available for each person to aid in the
detection of marine mammals. Marine observers would scan the water from
the ship to the horizon and be responsible for all observations in
their sector. Observers would be responsible for informing the Test
Director of any marine mammal that is sighted. Test Directors would, as
appropriate to the event, make use of marine species detection cues and
information to limit interaction with marine species to the maximum
extent possible, consistent with the safety of the ship. A summary of
specific monitoring and mitigation measures is provided below:
Mitigation Measures for Surface Operations
For surface activities, visual surveys would be conducted for all
test operations to reduce the potential for vessel collisions with a
protected species. If necessary, the ship's course and speed would be
adjusted. Other mitigation measures include maintaining alert vessel
lookouts when traveling at high speeds to reduce the potential for
collision to occur with a marine mammal.
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Mitigation Measures for Sonar Operations
For sonar operations, in general, the Navy will operate sonar at
the lowest practicable level, not to exceed source level of 235 dB re 1
microPa, except as required to meet RDT&E objectives.
Prior to start up or restart of active sonar, operators will check
that the safety zone radii around the sound system are clear of marine
mammals. Helicopters will observe/survey the vicinity of an NSWC PCD
RDT&E activity for 10 minutes before the first deployment of active
(dipping) sonar in the water.
During operations involving mid-frequency active (MFA) sonar,
personnel would use all available sensor and optical systems (such as
night vision goggles to aid in the detection of marine mammals). Navy
aircraft participating would conduct and maintain, when operationally
feasible, required, and safe, surveillance for marine mammal species as
long as it does not violate safety constraints or interfere with the
accomplishment of primary operational duties.
Marine mammal detections by aircraft will be immediately reported
to the Test Director. This action will occur when it is reasonable to
conclude that the course of the ship will likely approach marine
mammals within the safety radii.
When marine mammals are detected by any means (aircraft, shipboard
lookout, or acoustically) within 914 m (1,000 yd) of the sonar system,
the platform will limit active transmission levels to at least 6
decibels (dB) below normal operating levels. Vessels will continue to
limit maximum transmission levels by this 6-dB factor until the animal
has been seen to leave the area, has not been detected for 30 minutes,
or the vessel has transited more than 914 m (1,000 yd) beyond the
location of the last detection.
Should a marine mammal be detected within or closing to inside 457
m (500 yd) of the sonar dome, active sonar transmissions will be
limited to at least 10 dB below the equipment's normal operating level.
Platforms will continue to limit maximum ping levels by this 10-dB
factor until the animal has been seen to leave the area, has not been
detected for 30 minutes, or the vessel has transited more than 914 m
(1,000 yd) beyond the location of the last detection.
Should the marine mammal be detected within or closing to inside
183 m (200 yd) of the sonar dome, active sonar transmissions will
cease. Sonar will not resume until the animal has been seen to leave
the area, has not been detected for 30 minutes, or the vessel has
transited more than 914 m (1,000 yd) beyond the location of the last
detection.
If the need for power-down should arise, Navy staff will follow the
requirements as though they were operating at 235 dB, the normal
operating level (i.e., the first power-down will be to 229 dB,
regardless of the level above 235 dB the sonar was being operated).
Mitigation Measures for Detonations and Projectiles
No detonations over 34 kg (75 lb) of NEW would be conducted in
territorial waters. However, this does not apply to the line charge
detonation, which is a 107 m (350 ft) detonation cord with explosives
lined from one end to the other end in 2 kg (5 lb) increments and total
794 kg (1,750 lb) of NEW. This charge is considered one explosive
source that has multiple increments that detonate at one time.
The number of live mine detonations would be minimized and the
smallest amount of explosive material possible to achieve test
objectives will be used.
Visual surveys and aerial surveys will be conducted for all test
operations that involve detonation events with large NEW. Any protected
species sighted would be avoided.
Line charge tests would not be conducted during the nighttime.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). All
information, suggestions, and comments related to the Naval Surface
Warfare Center Panama City Division's request and NMFS' potential
development and implementation of regulations governing the incidental
taking of marine mammals by the Navy's mission activities will be
considered by NMFS in developing, if appropriate, the most effective
regulations governing the issuance of letters of authorization.
Dated: April 8, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-7897 Filed 4-11-08; 8:45 am]
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