Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Navy Research, Development, Test, and Evaluation Activities Conducted within the Naval Surface Warfare Center Keyport Range Complex Extension, 38183-38186 [E8-15155]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Notices]
[Pages 38183-38186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15155]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XI50


Taking of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Navy Research, Development, Test, 
and Evaluation Activities Conducted within the Naval Surface Warfare 
Center Keyport Range Complex Extension

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 mammals incidental to Navy 
research, development, test, and evaluation (RDT&E) activities within 
the Naval Sea Systems Command (NAVSEA) Naval Undersea Warfare Center 
(NUWC)

[[Page 38184]]

Keyport Range Complex and the associated proposed extensions in the 
State of Washington for the period beginning September 25, 2009 and 
ending September 24, 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 August 
4, 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-XI50@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.

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 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 May 15, 2008, NMFS received an application from the Navy 
requesting an authorization for the take of marine mammal species/
stocks incidental to the proposed RDT&E activities within the NAVSEA 
NUWC Keyport Range Complex Extension over the course of 5 years. The 
Navy proposes to extend the Keyport Range Complex operating areas, 
which is composed of Keyport Range Site, Dabob Bay Range Complex (DBRC) 
Site, and Quinault Underwater Tracking Range (QUTR) Site, outside 
existing range boundaries. This proposed extension would allow the Navy 
to support existing and future range activities including evolving 
manned and unmanned vehicle program needs in multiple marine 
environments. With the proposed extension of the Keyport and QUTR range 
sites, the range sites could support more activities, which include 
increases in the numbers of tests and days of testing. No additional 
operational tempo is proposed for the DBRC Site. Existing and proposed 
additional range activities include testing, training, and evaluation 
of system capabilities such as guidance, control, and sensor accuracy 
of manned and unmanned vehicles in multiple marine environments (e.g., 
differing depths, salinity levels, temperatures, sea states, etc.).
    Current activities within the Keyport Range Complex Extension are 
listed below:

Range Activities: Active Acoustic Devices

(1) General Range Tracking:
    General range tracking on the instrumented ranges and portable 
range sites have active output in narrow frequency bands. Operating 
frequencies are 10 to 100 kHz. At the Keyport Range Site, the sound 
pressure level (SPL) at the source (source level) is less than 195 dB 
re 1 microPa-m. At the DBRC and QUTR sites, the source level for 
general range tracking is less than 203 dB re 1 microPa-m. Range 
pingers are active acoustic devices that allow each of the in-water 
platforms on the range (e.g., ships, submarines, target simulators, and 
exercise torpedoes) to be tracked by the Keyport Range Complex 
Extension hydrophones. In addition to passively tracking the pinger 
signal from each range participant, the range transducer nodes also are 
capable of transmitting acoustic signals for a limited set of 
functions. These functions include submarine warning signals, acoustic 
commands to submarine target simulators (acoustic command link), and 
occasional voice or data communications (received by participating 
ships and submarines on range).
(2) UUV Tracking Systems
    UUV tracking systems operate at frequencies of 10 to 100 kHz with 
source levels less than 195 dB re 1 microPa-m at all range sites.
(3) Torpedo Sonars
    Toped sonars are used for several purposes including detection, 
classification, and location and vary in frequency from 10 to 100 kHz. 
The source level of a torpedo sonar is generally less than 233 dB re 1 
microPa-m. Torpedoes are the primary weapon used by surface ships, 
aircraft, and submarines. The guidance systems of these weapons can be 
autonomous or electronically controlled from the launching platform 
through an attached wire. The autonomous guidance systems are 
acoustically based. They operate either passively, exploiting the 
emitted sound energy by the target, or actively, ensonifying the target 
and using the received echoes for guidance.
(4) Range Targets and Special Tests
    Range targets and special test systems are within the 5 to 100 kHz 
frequency range at the Keyport Range Site with a source level of less 
than 195 dB re 1 microPa-m. At the DBRC and QUTR sites, the source 
level is less than 238 dB re microPa-m.
(5) Special Sonars
    Special sonars can be carried as a payload on a UUV, suspended from 
a range craft, or set on or above the sea floor. These can vary widely 
from 100 kHz to a very high frequency of 2,500 kHz for very short range 
detection and

[[Page 38185]]

classification. The source level of these acoustic sources is less than 
235 dB re 1 microPa-m.
(6) Sonobuoys and Helicopter Dipping Sonar
    Aircraft sonar systems that would operate in the Keyport Range 
Complex Extension include sonobuoys and dipping sonar. Sonobuoys and 
helicopter dipping sonars are deployed from Fleet aircraft and operate 
at frequencies of 2 to 20 kHz with source levels of less than 225 dB re 
1 microPa-m. Dipping sonars are active or passive devices that are 
lowered on cable by helicopters or surface vessels to detect or 
maintain contact with underwater targets. Sonobuoys may be deployed by 
maritime patrol aircraft or helicopters; dipping sonars are used by 
carrier-based helicopters. A sonobuoy is an expendable device used by 
aircraft for the detection of underwater acoustic energy and for 
conducting vertical water column temperature measurements. Most 
sonobuoys are passive, but some can generate active acoustic signals, 
as well as listen passively. During RDT&E, these systems active modes 
are only used briefly for localization of contacts and are not used in 
primary search capacity.
(7) Side Scan Sonar
    Side scan sonar is used for mapping, detection, classification, and 
localization of items on the sea floor such as cabling, shipwrecks, and 
inert mine shapes. It is high frequency, typically 100 to 700 kHz, 
using multiple frequencies at one time with a very directional focus. 
Source levels are less than 235 dB re 1 microPa-m. Side-scan and 
multibeam sonar systems are towed or mounted on a test vehicle or ship.
(8) Other Acoustic Sources
    Other acoustic sources include acoustic modems, targets, aids to 
navigation, subbottom profilers, engine noise, countermeasures, etc. 
which uses few pulses from 10 to 300 kHz at source levels less than 220 
dB re 1 microPa-m. An acoustic modem is a communication device that 
transmits an acoustically encoded signal from a source to a receiver. 
Acoustic modems emit a few pulses from 10 to 300 kHz at source levels 
less than 210 dB re 1 microPa-m. Target simulators operate at 
frequencies of 100 Hz to 10 kHz at source levels of less than 170 dB re 
1 microPa-m. Aids to navigation transmit location data from ship to 
shore and back to ship so the crew can have real-time detailed location 
information. This is typical of the range equipment used in support of 
testing. New aids to navigation can also be deployed and tested using 
70-80 kHz at source levels less than 210 dB re 1 microPa-m. Subbottom 
profilers are often commercial off-the-shelf sonars used to determine 
characteristics of the sea bottom and subbottom such as mud above 
bedrock or other rocky substrate. These operate at 2 7 kHz at source 
levels less than 210 dB re 1 microPa-m, and 35 45 kHz at less than 220 
dB re 1 microPa-m. There are many sources of engine noise including but 
not limited to surface vessels, submarines, torpedoes, and other UUVs. 
The acoustic energy is usually from 50 Hz to 10 kHz at source levels 
less than 150-170 dB re 1 microPa-m. Targets, both mobile and 
stationery, may simulate engine noise at these same frequencies.

Range Activities: Non-Acoustic Activities

(1) Magnetic Sensors
    A magnetic sensor may be used to sense the magnetic field of an 
object such as a surface vessel, a submarine, or a buried target. 
Magnetic sensors may be part of a UUV payload or they may be stationary 
on the sea floor.
(2) Biologic Sensors
    Biologic sensors have been used historically to determine marine 
characteristics such as conductivity, temperature, and pressure of 
water to determine sound velocity in water. This provides information 
about how sound will travel through the water. These sensors can be 
deployed over the side from a surface craft, suspended in water, or 
carried on a UUV.
(3) LIDAR
    Laser imaging detection and ranging (LIDAR) is used to measure 
distance, speed, rotation, and chemical composition and concentration 
of remote solid objects such as a ship, or diffuse objects such as a 
smoke plume or cloud. LIDAR uses the same principle as radar.
(4) Inert Mine Hunting & Inert Mine Clearing Exercises
    Associated with testing, a series of inert mine shapes are set out 
in a uniform or random pattern to test the detection, classification 
and localization capability of the system under test. They are made 
from plastic, metal, and concrete and vary in shape. An inert mine 
shape can measure about 10 by 1.75 ft (3 by 0.5 m) and weigh about 800 
lbs (362 kg). Inert mine shapes either sit on the bottom or are 
tethered by an anchor to the bottom at various depths. Inert mine 
shapes can be placed approximately 200-300 yards (183-274 m) apart 
using a support craft and remain on the bottom until they need to be 
removed. All major components of all inert mine systems used as 
``targets'' for inert mine hunting systems are removed within 2 years.

Increased Activities due to Range Expansion

    The proposed range expansion would expend the existing activities 
for each of the following range sites. For detailed information 
regarding the platform/system use and projected annual days of use at 
each range site, please refer to Tables 1-4 and 2-1 of the LOA 
application.
(1) Keyport Range Site:
    Range boundaries of the Keyport Range Site would be extend to the 
north, east and south, increasing the size of the range from 1.5 nm\2\ 
to 1.7 nm\2\ (5.1 km\2\ to 5.9 km\2\). The average annual days of use 
of the Keyport Range Site would increase from the current 55 days to 60 
days.
(2) DBRC Site:
    The southern boundary of DBRC Site would be extended to the Hamma 
Hamma River and its northern boundary would be extended to 1 nm (2 km) 
south of the Hood Canal Bridge (Highway 104). This expansion would 
increase the size of the current operating area from approximately 32.7 
nm\2\ (112.1 km\2\) to approximately 45.7 nm\2\ (150.8 km\2\) and would 
afford a straight run of approximately 27.5 nm (50.9 km). There would 
be no change in the number and types of activities from the existing 
range activities at DBRC Site, and no increase in average annual days 
of use due to the range expansion at this site.
(3) QUTR Site:
    Range boundaries of QUTR Site would be extended to coincide with 
the overlying special use airspace of W-237A plus locate a 7.8 nm\2\ 
(26.6 km\2\) surf zone at Pacific Beach. The total range area would 
increase from approximately 48.3 nm\2\ (165.5 km\2\) to approximately 
1,839.8 nm\2\ (6,310.2 km\2\). The average annual number of days of use 
for offshore activities would increase from 14 days/year to 16 days/
year in the offshore area. The average annual days of use for surf-zone 
activities would increase from 0 days/year to 30 days/year.
    The Navy states that these range activities may cause various 
impacts to marine mammal species in the NAVSEA NUWC Keyport Range 
Complex Extension operation areas. Taking into account implementation 
of monitoring and mitigation measures described in the Navy's Range 
Operating Policies

[[Page 38186]]

and Procedures Manual (ROP), the Navy estimates that various numbers of 
harbor porpoise (Phocoena phocoena), northern fur seals (Callorhinus 
ursinus), California sea lions (Zalophus californianus), northern 
elephant seals (Mirounga angustirostris), and harbor seals (Phoca 
vitulina) would be taken by Level B harassment, including temporary 
threshold shift (TTS) in hearing sensitivities of harbor seals.

Proposed Monitoring and Mitigation Measures

    The NUWC Keyport Range Complex Extension proposed a list of 
monitoring and mitigation measures to reduce potential adverse impacts 
to marine mammals.
    The Navy states that mitigating potential impacts to the 
environment during RDT&E activities in the Keyport Range Complex 
Extension would be accomplished through strict adherence to the ROP, 
which would be followed for all Keyport range activities. The ROP is 
designed to protect the health and safety of the public and Navy 
personnel and equipment as well as to protect the marine environment. 
The policies and procedures address issues such as safety, development 
of approved run plans, range operation personnel responsibility, 
deficiency reporting, all facets of range activities, and the 
establishment of ``exclusion zones'' to ensure that there are no marine 
mammals within a prescribed area prior to the commencement of each in-
water exercise within the Keyport Range Complex Extension. All range 
operators are trained by NOAA in marine mammal identification, and 
active acoustic activities are suspended or delayed if whales, 
dolphins, or porpoises (cetaceans) are observed within range areas. 
Table 11-1 of the application provides a summary of selected ROP 
sections and other range procedures which apply to current Keyport 
Range Complex activities at the Keyport Range Site, DBRC Site, and QUTR 
Site, and also apply to proposed activities within the current and 
proposed range site boundaries. The policies and procedures outlined in 
the ROP are continually being updated as new environmental and health 
and safety information becomes available.
    In particular, the following marine mammal protection measures are 
implemented per ROP for current activities, and these would also apply 
for the proposed activities within the Keyport Range Complex Extension:
    (1) Range activities shall be conducted in such a way as to ensure 
marine mammals are not harassed or harmed by human-caused events.
    (2) Marine mammal observers are on board ship during range 
activities. All range personnel shall be trained in marine mammal 
recognition. Marine mammal observer training is normally conducted by 
qualified organizations such as NOAA/National Marine Mammal Lab (NMML) 
on an as needed basis.
    (3) Vessels on a range use safety lookouts during all hours of 
range activities. Lookout duties include looking for any and all 
objects in the water, including marine mammals. These lookouts are not 
necessarily looking only for marine mammals. They have other duties 
while aboard. All sightings are reported to the Range Officer in charge 
of overseeing the activity.
    (4) Visual surveillance shall be accomplished just prior to all in-
water exercises. This surveillance shall ensure that no marine mammals 
are visible within the boundaries of the area within which the test 
unit is expected to be operating. Surveillance shall include, as a 
minimum, monitoring from all participating surface craft and, where 
available, adjacent shore sites.
    (5) The Navy shall postpone activities until cetaceans leave the 
project area. When cetaceans have been sighted in an area, all range 
participants increase vigilance and take reasonable and practicable 
actions to avoid collisions and activities that may result in close 
interaction of naval assets and marine mammals. Actions may include 
changing speed and/or direction and are dictated by environmental and 
other conditions (e.g., safety, weather).
    (6) An ``exclusion zone'' shall be established and surveillance 
will be conducted to ensure that there are no marine mammals within 
this exclusion zone prior to the commencement of each in-water 
exercise. For cetaceans, the exclusion zone must be at least as large 
as the entire area within which the test unit may operate, and must 
extend at least 1,000 yards (914.4 m) from the intended track of the 
test unit. For pinnipeds, the exclusion zone extends out 100 yards (91 
m) from the intended track of the test unit.
    (7) Vessels approach within 100 yards (91 m) of marine mammals 
shall be followed to the extent practicable considering human and 
vessel safety priorities. All Navy vessels and aircraft, including 
helicopters, are expected to comply with this directive. This includes 
marine mammals hauled-out on islands, rocks, and other areas such as 
buoys.
    (8) In the event of a collision between a Navy vessel and a marine 
mammal, NUWC Keyport activities will notify the Navy chain of Command, 
which would result in notification to NMFS.
    (9) Passive acoustic monitoring shall be utilized to detect marine 
mammals in the area before and during activities, especially when 
visibility is reduced.
    (10) Procedures for reporting marine mammal sightings on the 
Keyport Range Complex shall be promulgated, and sightings shall be 
entered into the Range Operating System and forwarded to NOAA/NMML 
Platforms of Opportunity Program.

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 request will be 
considered by NMFS in developing, if appropriate, regulations governing 
the incidental take of marine mammals and issuance of letters of 
authorization.

    Dated: June 27, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E8-15155 Filed 7-2-08; 8:45 am]
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