Takes of Marine Mammals Incidental to Specified Activities; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air Force Base, Florida, 56800-56804 [E8-22817]
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[FR Doc. E8–22970 Filed 9–29–08; 8:45 am]
BILLING CODE 3510–PJ–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XB13
Takes of Marine Mammals Incidental to
Specified Activities; Naval Explosive
Ordnance Disposal School Training
Operations at Eglin Air Force Base,
Florida
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an
incidental harassment authorization.
AGENCY:
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to Eglin Air Force Base (EAFB) for
the take of marine mammals, by Level
B harassment only, incidental to Naval
Explosive Ordnance Disposal School
(NEODS) training operations at EAFB,
Florida.
DATES: Effective from October 5, 2008,
through October 4, 2009.
ADDRESSES: A copy of the IHA and the
application are available by writing to
Michael Payne, Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by telephoning the
contact listed here. A copy of the
application containing a list of
references used in this document may
be obtained by writing to this address,
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by telephoning the contact listed here
(FOR FURTHER INFORMATION CONTACT) or
online at: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm. Documents
cited in this notice may be viewed, by
appointment, during regular business
hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Howard Goldstein or Jaclyn Daly, Office
of Protected Resources, NMFS, (301)
713–2289.
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
military readiness activity 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
will 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 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].
Section 101(a)(5)(D) establishes a 30–
day public notice and comment period
on any proposed IHA. Within 45 days
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of the close of the comment period,
NMFS must either issue or deny
issuance of the authorization.
Summary of Request
On May 13, 2008, NMFS received an
application from EAFB requesting reissuance of their IHA for the taking, by
Level B harassment only, of Atlantic
bottlenose dolphins (Tursiops
truncatus) and Atlantic spotted
dolphins (Stenella frontalis) incidental
to NEODS training operations and
testing at Eglin Gulf Test and Training
Range (EGTTR) at EAFB, Florida, in the
northern Gulf of Mexico (GOM). Each of
up to six missions per year would
include up to five live detonations (up
to 30 charges per year) of approximately
5–lb (2.3–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) offshore. Because this
activity will be a multi-year activity,
NMFS also plans to develop proposed
regulations for NEODS training
operations at EAFB. EAFB was granted
an IHA in 2005, 2006, and 2007 for this
activity. No missions have occurred to
date.
Because the relative low cost and ease
of use of mines lends itself to use by an
array of transnational, rogue, and
subnational adversaries that now pose
the most immediate threat to American
interests and because NEODS supports
the Naval Fleet by providing training to
personnel from all four armed services,
civil officials, and military students
from over 70 countries, this activity
constitutes a ‘‘military readiness
activity,’’ as defined in Section 315(f) of
Public Law 107–314 (16 U.S.C. 703
note).
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Specified Activities
The mission of NEODS is to train
personnel to detect, recover, identify,
evaluate, render safe, and dispose of
unexploded ordnance (UXO) that
constitutes a threat to people, material,
installations, ships, aircraft, and
operations. The NEODS plans to utilize
three areas within the 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 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.
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Each of the six training classes would
include one or two ‘‘Live Demolition
Days.’’ During each set of Live
Demolition Days, five inert mines would
be placed in a compact area on the sea
floor in approximately 60 ft (18.3 m) of
water. Divers would locate the mines by
hand-held sonars. The AN/PQS–2A
hand-held acoustic locator has a sound
pressure level (SPL) of 178.5 re 1
µPascal @ 1 meter and the Dukane
Underwater Acoustic Locator has a SPL
of 157–160.5 re 1 µPascal @ 1 meter.
Because output from these hand-held
sound sources would attenuate to below
any current threshold for protected
species within approximately 10–15 m,
noise impacts are not anticipated and
are not addressed further in this
analysis.
Five charges packed with five lbs (2.3
kg) of C–4 explosive material will be set
up adjacent to each of the mines. No
more than five charges will be detonated
over the 2–day period. Detonation times
will begin no earlier than 2 hours after
sunrise and end no later than 2 hours
before dusk, and charges utilized within
the same hour period will have a
maximum separation time of 20
minutes. Mine shapes and debris will be
recovered and removed from the water
when training is completed. A more
detailed description of the work is
contained in the initial Federal Register
notice (73 FR 46592, August 11, 2008)
and application, which is available
upon request (see ADDRESSES).
Marine Mammals and Habitat Affected
by the Activity
Marine mammal species that
potentially occur within the EGTTR
include several species of cetaceans and
the West Indian manatee (Trichechus
manatus). While a few manatees may
migrate as far north from southern
Florida (where they are generally
confined in the winter) to Louisiana in
the summer, they primarily inhabit
coastal and inshore waters, rarely
venture offshore, and sightings of
manatees in the EGTTR are rare. Dwarf
(Kogia sima) and pygmy sperm whales
(Kogia breviceps), 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; therefore,
impact to manatees, dwarf and pygmy
sperm whales are not likely to occur
because their potential for being found
near the project site is remote and not
discussed further in this analysis.
Accordingly, EAFB did not seek an
incidental take authorization from the
U.S. Fish and Wildlife Service, which
has jurisdiction over manatees.
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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 two marine mammal species
that may be affected by these activities,
whose status and distribution were
discussed in the proposed IHA (73 FR
46592, August 11, 2008), are the
bottlenose dolphin (Tursiops truncatus)
and the Atlantic spotted dolphin
(Stenella frontalis). Although Atlantic
spotted dolphins do not normally
inhabit nearshore waters, NMFS has
included them in the analysis due to the
potential for occurrence and to ensure
conservative mitigation measures are
applied. Further descriptions of the
biology and local distribution of these
species can be found in the application
(see ADDRESSES); other sources such as
Wursig et al. (2000), and the NMFS
Stock Assessments, can be viewed at:
https://www.NMFS.noaa.gov/pr/PR2/
StocklAssessmentlProgram/
sars.html.
Potential Effects of Activities on Marine
Mammals
The primary potential impact to
Atlantic bottlenose and the Atlantic
spotted dolphins occurring in the
EGTTR from the planned detonations is
Level B harassment from noise and
energy explosions. In the absence of any
mitigation or monitoring measures,
there is a very small chance that a
marine mammal could be injured or
killed when exposed to the energy
generated from an explosive force on the
sea floor. However, NMFS believes the
required mitigation measures will
preclude this possibility in the case of
this particular activity. Analysis of
NEODS noise impacts to cetaceans was
based on criteria and thresholds initially
presented in U.S. Navy Environmental
Impact Statements for ship shock trials
of the SEAWOLF submarine and the
WINSTON CHURCHILL vessel and
subsequently adopted by NMFS.
Non-lethal injurious impacts (Level A
Harassment) are defined in EAFB’s
application and this document as
tympanic membrane (TM) rupture and
the onset of slight lung injury. The
threshold for Level A Harassment
corresponds to a 50–percent rate of TM
rupture, which can be stated in terms of
an energy flux density (EFD) value of
205 dB re 1 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)
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(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
under debate. One recommendation is a
level of 6 dB below TTS (see 69 FR
21816, April 22, 2004), which would be
176 dB re 1 µPa2 s. However, due to the
infrequency of the detonations, the
potential variability in target locations,
and the continuous movement of marine
mammals off the northern Gulf, NMFS
believes that behavioral modification
from repeated exposures to the same
animal is highly unlikely.
Comments and Responses
On July 12, 2007, NMFS published in
the Federal Register a notice of a
proposed IHA for EAFB’s request to take
marine mammals incidental to NEODS
training exercises in the GOM, and
requested comments regarding this
request (See 72 FR 38061). During the
30–day public comment period, NMFS
received one public comment and
comments from the Marine Mammal
Commission (Commission).
Comment 1: The Commission
recommends NMFS grant the requested
authorizations provided that Eglin AFB
conduct all practicable monitoring and
mitigation measures to afford the
potentially affected marine mammal
species adequate protection from
serious and lethal injury.
Response: NMFS believes that the
IHA includes all practicable monitoring
and mitigation measures to avoid
serious or lethal injury of marine
mammals, and we believe that they will
be effective. The radius around the site
of the explosion where the animals
could potentially be injured is 52 m,
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and animals would have to be
significantly closer than that for the
potential for serious injury or death to
occur. Marine Mammal Observers
(MMOs) will be monitoring a 460–m
radius area for the entire 15 minutes
leading up to the detonation and the
operation will be postponed if animals
are seen within the 230–dB ZOI or if
large schools of fish, which could attract
the delphinids, are seen within the ZOI.
Comment 2: The Commission
recommends that NEODS training
operations be suspended immediately if
a seriously injured or dead marine
mammal is found in the vicinity of the
operations and the death or injury could
be attributable to the NEODS activities.
Further, the Commission recommends
that any suspension should remain in
place until NMFS has (1) reviewed the
situation and determined that further
deaths or serious injuries are unlikely to
occur or (2) issued regulations
authorizing such takes under section
101(a)(5)(A) of the MMPA.
Response: NMFS concurs with the
Commission’s recommendation and will
include this provision in the IHA.
Comment 3: The Commission also
resubmitted the identical comments it
submitted on the 2005 and 2006 NEODS
IHA. In summary, the Commission
recommends NMFS should further
explain its rationale for determining that
the takings will be by harassment only
and that the potential for lethal injuries
is sufficiently remote to warrant the
issuance of an authorization under
101(a)(5)(d) of the MMPA. In addition,
the Commission questioned NMFS’
assessment that TTS constitutes no
more than Level B harassment and
NMFS should further explain and
justify the dual criteria established for
determining non-lethal injury; the ‘‘noninjurious behavioral response’’
threshold; and the 23 psi criterion for
estimating TTS threshold.
Response: NMFS stated the
Commission’s concerns and addressed
them in the Federal Register notice
announcing the issuance of the 2005
and 2006 IHA’s (70 FR 51341, August
30, 2005; 71 FR 60693, October 16,
2006), and they may be referenced there.
Comment 4: A member of the public
opposes the issuance of this permit
based on the assumption it would allow
for the killing of marine mammals.
Response: NMFS does not believe that
the authorized activities will result in
the death of any marine mammals, nor
does this IHA authorize any marine
mammal injury or mortality.
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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
calculated ZOI area, 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.
Using a high density estimate for each
species of dolphin, the ZOI of charge
employed and the total of events per
year, an annual estimate for the
potential number of animals exposed to
noise was derived. Without any
mitigation, up to one cetacean is
estimated to be within the Level A
Harassment 205 dB ZOI. Because inplace mitigations would clear the area of
any marine mammals before detonation,
it is anticipated that no marine mammal
takes by mortality or injury (Level A
Harassment) would result. No Level A
Harassment or mortality is authorized
by NMFS during NEODS activities.
For Level B Harassment, two separate
criteria were established, one expressed
in dB re 1 µPa2 s maximum EFD level
in any 1/3–octave band above 100 Hz,
and one expressed in psi. The estimated
numbers of Atlantic bottlenose dolphins
and Atlantic spotted dolphins
potentially taken through exposure to
182 dB are 4 and 3 individuals,
respectively. The estimated numbers
potentially taken through exposure to 23
psi are also 4 and 3 individuals,
respectively. This represents less than
0.0002 percent for each species and
perhaps 1–2 percent of an inshore stock
of Atlantic bottlenose dolphins if one
individual for that stock is harassed.
While it is highly unlikely that the
offshore bottlenose dolphin stock would
be affected by this action due their
distribution, it not possible to
distinguish from inshore stocks of this
species.
Possible Effects of Activities on Marine
Mammal Habitat
NMFS anticipates no loss or
modification to the habitat used by
Atlantic bottlenose dolphins or Atlantic
spotted dolphins in the EGTTR. The
primary source of marine mammal
habitat impact resulting from the
NEODS missions is noise, which is
intermittent (maximum 30 times per
year) and of limited duration. The
effects of debris (which will be
recovered following test activities),
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ordnance, fuel, and chemical residues
were analyzed in the NEODS Biological
Assessment and NMFS’ Environmental
Assessment. These documents conclude
that marine mammal habitat would not
be affected from the specified activity.
EAFB initiated consultation with
NMFS Southeast Region (SER) on July
27, 2007 for effects regarding Essential
Fish Habitat (EFH). On August 6, 2007,
NMFS SER concurred with EAFB’s
determination that NEODS activities are
not likely to adversely affect EFH.
NMFS Office of Protected Resources
adopts the SERs determinations and
accordingly finds that EFH is not likely
to be adversely affected from NEODS
activities.
Mitigation and Monitoring
Mitigation will consist primarily of
surveying and taking action to avoid
detonating charges when protected
species are within the Level A
harassment ZOI. A trained, NMFSapproved observer will 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 (1,509 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, one hour, and the
entire 15 minutes prior to the mission
to verify that the ZOI (230 m (755 ft))
is free of visually detectable marine
mammals, and 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 any ZOI 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 ZOI is and
will remain clear of detectable marine
mammals.
Monitoring of the survey area will
continue throughout the mission until
the last detonation is complete. The
mission would be postponed if:
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(1) Any marine mammal is visually
detected within the Level B Harassment
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 Level B Harassment ZOI and
subsequently is not seen again within 15
minutes. 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.
In the event of a postponement, premission monitoring would continue as
long as weather and daylight hours
allow. If a charge fails to explode,
mitigation measures would continue
while operations personnel attempt to
recognize and solve the problem (i.e.,
detonate the charge).
Post-mission monitoring is designed
to determine the effectiveness of premission mitigation by reporting any
sightings of dead or injured marine
mammals. Post-detonation monitoring,
concentrating on the area down current
of the test site, would commence
immediately following each detonation
and continue for at least two hours after
the last detonation. The monitoring
team would document and report to the
appropriate marine animal stranding
network any marine mammals killed or
injured during the test and, if
practicable, recover and examine any
dead animals. The species, number,
location, and behavior of any animals
observed by the teams would be
documented and reported to the Officer
in Tactical Command.
Additionally, in the unlikely event
that an injured (Level A Harassment),
seriously injured, or dead marine
mammal is found in the vicinity of the
operations and the death or injury could
be attributable to the NEODS activities,
training operations will be suspended
and NMFS contacted immediately. This
suspension would remain in place until
NMFS has (1) reviewed the situation
and determined that further injury or
death is unlikely to occur or (2) issued
regulations to authorize such takes
under section 101(a)(5)(A) of the
MMPA.
Reporting
The Air Force will notify NMFS two
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
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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 conducted
under this IHA.
Endangered Species Act
In a Biological Opinion issued on
October 25, 2004, NMFS concluded that
the NEODS training missions and their
associated actions are not likely to
jeopardize the continued existence of
threatened or endangered species under
the jurisdiction of NMFS or destroy or
adversely modify critical habitat that
has been designated for those species.
NMFS has issued an incidental take
statement (ITS) for NEODS for sea
turtles pursuant to section 7 of the
Endangered Species Act. The ITS
contains reasonable and prudent
measures with implementing terms and
conditions to minimize the effects of
this take. This IHA action is within the
scope of the previously analyzed action
and does not change the action in a
manner that was not considered
previously.
National Environmental Policy Act
In 2005, NMFS prepared an
Environmental Assessment (EA) on the
Issuance of Authorizations to Take
Marine Mammals, by Harassment,
Incidental to Naval Explosive Ordnance
Disposal School Training Operations at
Eglin Air Force Base, Florida and
subsequently issued a Finding of No
Significant Impact (FONSI). In 2007,
NMFS issued a FONSI based on a
supplemental EA (SEA) to address new
available information regarding the
effects of the described activities to
Essential Fish Habitat and other
operations EAFB is conducting that may
have cumulative impacts to the physical
and biological environment. This IHA
action is within the scope of the
previously analyzed action and does not
change the action in a manner that was
not considered previously. Therefore,
preparation of an EIS on this action is
not required by section 102(2) of the
NEPA or its implementing regulations.
Conclusions
NMFS has issued an IHA for a oneyear period to the EAFB for the NEODS
training missions to take place within
the EGTTR, Florida. The issuance of this
IHA is contingent upon adherence to the
previously mentioned mitigation,
monitoring, and reporting requirements.
NMFS has determined that the impact
of the NEODS training, which entails up
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Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices
to six missions per year, including up to
five live detonations per mission of
approximately 5–lb (2.3 kg) net
explosive weight charges to occur in
approximately 60–ft (18 m) deep water
from one to three nm offshore, may
result in the Level B Harassment of a
few Atlantic bottlenose dolphins and
Atlantic spotted dolphins; this would
have a negligible impact on these
affected marine mammals species and
stocks. Dwarf and pygmy sperm whales
and manatees are unlikely to be found
in the area and, therefore, are unlikely
to 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. No subsistence users are
located within the geographic area of
this project.
No rookeries, mating grounds, areas of
concentrated feeding, or other areas of
special significance for marine
mammals occur within or near the
NEODS test sites.
Authorization
As a result of these determinations,
NMFS proposes to issue an IHA to the
Air Force for NEODS training operations
at EAFB, Florida, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: September 19, 2008.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E8–22817 Filed 9–29–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XK74
ebenthall on PROD1PC60 with NOTICES
General Advisory Committee to the
U.S. Section to the Inter-American
Tropical Tuna Commission; Meeting
Announcement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
VerDate Aug<31>2005
15:35 Sep 29, 2008
Jkt 214001
SUMMARY: NMFS announces a meeting,
via teleconference, of the General
Advisory Committee to the U.S. Section
to the Inter-American Tropical Tuna
Commission (IATTC) in October 2008.
Meeting topics are provided under the
SUPPLEMENTARY INFORMATION section of
this notice.
DATES: The meeting will be held on
October 16, 2008, from 10 a.m. to 12
p.m. (or until business is concluded),
Pacific time.
ADDRESSES: The meeting will be held
via teleconference. Please notify Allison
Routt prior to October 9, 2008, to
receive dial in information and of your
intent to participate in this
teleconference.
FOR FURTHER INFORMATION CONTACT:
Allison Routt at (562) 980–4019 or (562)
980–4030.
SUPPLEMENTARY INFORMATION: In
accordance with the Tuna Conventions
Act, as amended, the Department of
State has appointed a General Advisory
Committee to the U.S. Section to the
IATTC. The U.S. Section consists of the
four U.S. Commissioners to the IATTC
and the representative of the Deputy
Assistant Secretary of State for Oceans
and Fisheries. The Advisory Committee
supports the work of the U.S. Section in
a solely advisory capacity with respect
to U.S. participation in the work of the
IATTC, with particular reference to the
development of policies and negotiating
positions pursued at meetings of the
IATTC. NMFS, Southwest Region,
administers the Advisory Committee in
cooperation with the Department of
State.
Meeting Topics
The General Advisory Committee will
meet to receive and discuss information
on: (1) 2008 IATTC activities, (2)
upcoming meetings of the IATTC,
including issues such as: conservation
and management measures for yellowfin
and bigeye tuna for 2009 and future
years, measures to be taken in the
absence of conservation and
management measures, management of
fishing capacity, and other issues, (4)
IATTC cooperation with other regional
fishery management organizations, (5)
implementing legislation for the
Antigua Convention, including the
provisions for a General Advisory
Committee, and (6) administrative
matters pertaining to the General
Advisory Committee.
Special Accommodations
The meeting is via teleconference.
Requests for special accommodations,
issues, and needs should be directed to
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Allison Routt at (562) 980–4019 or (562)
980–4030 by October 9, 2008.
Dated: September 25, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–22963 Filed 9–29–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN: 0648–XK75
Mid-Atlantic Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
SUMMARY: The Mid-Atlantic Fishery
Management Council (Council), its
Bycatch/Limited Access Committee; its
Ecosystems Committee; its Research SetAside Committee; its Squid, Mackerel,
Butterfish Committee; its Law
Enforcement Committee; and, its
Executive Committee will hold public
meetings.
The meetings will be held on
Tuesday, October 14, 2008 through
Thursday, October 16, 2008. See
SUPPLEMENTARY INFORMATION for specific
dates and times.
ADDRESSES: The meetings will be held at
the Ramada Plaza & Resort, 1701 South
Virginia Dare Trail, Kill Devil Hills, NC
27948; telephone: (252) 441–2151.
Council address: Mid-Atlantic Fishery
Management Council, 300 S. New St.,
Room 2115, Dover, DE 19904;
telephone: (302) 674–2331.
FOR FURTHER INFORMATION CONTACT:
Daniel T. Furlong, Executive Director,
Mid-Atlantic Fishery Management
Council; telephone: (302) 674–2331 ext.
19.
SUPPLEMENTARY INFORMATION:
DATES:
Tuesday, October 14, 2008
9 a.m. until 11 a.m. - The Bycatch/
Limited Access Committee will meet.
11 a.m. until 12 p.m. - The
Ecosystems Committee will meet.
1 p.m. until 3 p.m. - The Research SetAside Committee will meet.
3 p.m. until 5 p.m. - The Squid,
Mackerel, and Butterfish Committee
will meet.
Wednesday, October 15,2008
9 a.m. until 9:30 a.m. - The Law
Enforcement Committee will meet.
E:\FR\FM\30SEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56800-56804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22817]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XB13
Takes of Marine Mammals Incidental to Specified Activities; Naval
Explosive Ordnance Disposal School Training Operations at Eglin Air
Force Base, Florida
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to Eglin Air Force Base
(EAFB) for the take of marine mammals, by Level B harassment only,
incidental to Naval Explosive Ordnance Disposal School (NEODS) training
operations at EAFB, Florida.
DATES: Effective from October 5, 2008, through October 4, 2009.
ADDRESSES: A copy of the IHA and the application are available by
writing to Michael Payne, Chief, Permits, Conservation, and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by
telephoning the contact listed here. A copy of the application
containing a list of references used in this document may be obtained
by writing to this address, by telephoning the contact listed here (FOR
FURTHER INFORMATION CONTACT) or online at: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm. Documents cited in this notice may be viewed,
by appointment, during regular business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jaclyn Daly,
Office of Protected Resources, NMFS, (301) 713-2289.
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 military readiness activity 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 will 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 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].
Section 101(a)(5)(D) establishes a 30-day public notice and comment
period on any proposed IHA. Within 45 days
[[Page 56801]]
of the close of the comment period, NMFS must either issue or deny
issuance of the authorization.
Summary of Request
On May 13, 2008, NMFS received an application from EAFB requesting
re-issuance of their IHA for the taking, by Level B harassment only, of
Atlantic bottlenose dolphins (Tursiops truncatus) and Atlantic spotted
dolphins (Stenella frontalis) incidental to NEODS training operations
and testing at Eglin Gulf Test and Training Range (EGTTR) at EAFB,
Florida, in the northern Gulf of Mexico (GOM). Each of up to six
missions per year would include up to five live detonations (up to 30
charges per year) of approximately 5-lb (2.3-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) offshore. Because this activity will be a
multi-year activity, NMFS also plans to develop proposed regulations
for NEODS training operations at EAFB. EAFB was granted an IHA in 2005,
2006, and 2007 for this activity. No missions have occurred to date.
Because the relative low cost and ease of use of mines lends itself
to use by an array of transnational, rogue, and subnational adversaries
that now pose the most immediate threat to American interests and
because NEODS supports the Naval Fleet by providing training to
personnel from all four armed services, civil officials, and military
students from over 70 countries, this activity constitutes a ``military
readiness activity,'' as defined in Section 315(f) of Public Law 107-
314 (16 U.S.C. 703 note).
Specified Activities
The mission of NEODS is to train personnel to detect, recover,
identify, evaluate, render safe, and dispose of unexploded ordnance
(UXO) that constitutes a threat to people, material, installations,
ships, aircraft, and operations. The NEODS plans to utilize three areas
within the EGTTR, consisting of approximately 86,000 mi\2\ (222,739
km\2\) within the GOM and the airspace above, for Mine Countermeasures
(MCM) detonations, which involve mine-hunting and mine-clearance
operations. The detonation of small, live explosive charges disables
the function of the mines, which are inert for training purposes. The
training would occur approximately one to three nautical miles (nm)
(1.9 to 5.6 km) offshore of Santa Rosa Island (SRI) six times annually,
at varying times within the year.
Each of the six training classes would include one or two ``Live
Demolition Days.'' During each set of Live Demolition Days, five inert
mines would be placed in a compact area on the sea floor in
approximately 60 ft (18.3 m) of water. Divers would locate the mines by
hand-held sonars. The AN/PQS-2A hand-held acoustic locator has a sound
pressure level (SPL) of 178.5 re 1 microPascal @ 1 meter and the Dukane
Underwater Acoustic Locator has a SPL of 157-160.5 re 1 microPascal @ 1
meter. Because output from these hand-held sound sources would
attenuate to below any current threshold for protected species within
approximately 10-15 m, noise impacts are not anticipated and are not
addressed further in this analysis.
Five charges packed with five lbs (2.3 kg) of C-4 explosive
material will be set up adjacent to each of the mines. No more than
five charges will be detonated over the 2-day period. Detonation times
will begin no earlier than 2 hours after sunrise and end no later than
2 hours before dusk, and charges utilized within the same hour period
will have a maximum separation time of 20 minutes. Mine shapes and
debris will be recovered and removed from the water when training is
completed. A more detailed description of the work is contained in the
initial Federal Register notice (73 FR 46592, August 11, 2008) and
application, which is available upon request (see ADDRESSES).
Marine Mammals and Habitat Affected by the Activity
Marine mammal species that potentially occur within the EGTTR
include several species of cetaceans and the West Indian manatee
(Trichechus manatus). While a few manatees may migrate as far north
from southern Florida (where they are generally confined in the winter)
to Louisiana in the summer, they primarily inhabit coastal and inshore
waters, rarely venture offshore, and sightings of manatees in the EGTTR
are rare. Dwarf (Kogia sima) and pygmy sperm whales (Kogia breviceps),
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; therefore, impact to manatees, dwarf and pygmy
sperm whales are not likely to occur because their potential for being
found near the project site is remote and not discussed further in this
analysis. Accordingly, EAFB did not seek an incidental take
authorization from the U.S. Fish and Wildlife Service, which has
jurisdiction over manatees.
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 two
marine mammal species that may be affected by these activities, whose
status and distribution were discussed in the proposed IHA (73 FR
46592, August 11, 2008), are the bottlenose dolphin (Tursiops
truncatus) and the Atlantic spotted dolphin (Stenella frontalis).
Although Atlantic spotted dolphins do not normally inhabit nearshore
waters, NMFS has included them in the analysis due to the potential for
occurrence and to ensure conservative mitigation measures are applied.
Further descriptions of the biology and local distribution of these
species can be found in the application (see ADDRESSES); other sources
such as Wursig et al. (2000), and the NMFS Stock Assessments, can be
viewed at: https://www.NMFS.noaa.gov/pr/PR2/Stock_Assessment_Program/
sars.html.
Potential Effects of Activities on Marine Mammals
The primary potential impact to Atlantic bottlenose and the
Atlantic spotted dolphins occurring in the EGTTR from the planned
detonations is Level B harassment from noise and energy explosions. In
the absence of any mitigation or monitoring measures, there is a very
small chance that a marine mammal could be injured or killed when
exposed to the energy generated from an explosive force on the sea
floor. However, NMFS believes the required mitigation measures will
preclude this possibility in the case of this particular activity.
Analysis of NEODS noise impacts to cetaceans was based on criteria and
thresholds initially presented in U.S. Navy Environmental Impact
Statements for ship shock trials of the SEAWOLF submarine and the
WINSTON CHURCHILL vessel and subsequently adopted by NMFS.
Non-lethal injurious impacts (Level A Harassment) are defined in
EAFB's application and this document as tympanic membrane (TM) rupture
and the onset of slight lung injury. The threshold for Level A
Harassment corresponds to a 50-percent rate of TM rupture, which can be
stated in terms of an energy flux density (EFD) value of 205 dB re 1
microPa\2\ s. TM rupture is well-correlated with permanent hearing
impairment (Ketten, 1998) indicates a 30-percent incidence of permanent
threshold shift (PTS) at the same threshold). The zone of influence
(ZOI)
[[Page 56802]]
(farthest distance from the source at which an animal is exposed to the
EFD level referred to) for the Level A Harassment threshold is 52 m
(172 ft).
Level B (non-injurious) Harassment includes temporary (auditory)
threshold shift (TTS), a slight, recoverable loss of hearing
sensitivity. One criterion used for TTS is 182 dB re 1 microPa\2\ s
maximum EFD level in any 1/3-octave band above 100 Hz for toothed
whales (e.g., dolphins). The ZOI for this threshold is 230 m (754 ft).
A second criterion, 23 psi, has recently been established by NMFS to
provide a more conservative range for TTS when the explosive or animal
approaches the sea surface, in which case explosive energy is reduced,
but the peak pressure is not. The ZOI for 23 psi is 222 m (728 ft).
NMFS will apply the more conservative of these two.
Level B Harassment also includes behavioral modifications resulting
from repeated noise exposures (below TTS) to the same animals (usually
resident) over a relatively short period of time. Threshold criteria
for this particular type of harassment are currently still under
debate. One recommendation is a level of 6 dB below TTS (see 69 FR
21816, April 22, 2004), which would be 176 dB re 1 microPa\2\ s.
However, due to the infrequency of the detonations, the potential
variability in target locations, and the continuous movement of marine
mammals off the northern Gulf, NMFS believes that behavioral
modification from repeated exposures to the same animal is highly
unlikely.
Comments and Responses
On July 12, 2007, NMFS published in the Federal Register a notice
of a proposed IHA for EAFB's request to take marine mammals incidental
to NEODS training exercises in the GOM, and requested comments
regarding this request (See 72 FR 38061). During the 30-day public
comment period, NMFS received one public comment and comments from the
Marine Mammal Commission (Commission).
Comment 1: The Commission recommends NMFS grant the requested
authorizations provided that Eglin AFB conduct all practicable
monitoring and mitigation measures to afford the potentially affected
marine mammal species adequate protection from serious and lethal
injury.
Response: NMFS believes that the IHA includes all practicable
monitoring and mitigation measures to avoid serious or lethal injury of
marine mammals, and we believe that they will be effective. The radius
around the site of the explosion where the animals could potentially be
injured is 52 m, and animals would have to be significantly closer than
that for the potential for serious injury or death to occur. Marine
Mammal Observers (MMOs) will be monitoring a 460-m radius area for the
entire 15 minutes leading up to the detonation and the operation will
be postponed if animals are seen within the 230-dB ZOI or if large
schools of fish, which could attract the delphinids, are seen within
the ZOI.
Comment 2: The Commission recommends that NEODS training operations
be suspended immediately if a seriously injured or dead marine mammal
is found in the vicinity of the operations and the death or injury
could be attributable to the NEODS activities. Further, the Commission
recommends that any suspension should remain in place until NMFS has
(1) reviewed the situation and determined that further deaths or
serious injuries are unlikely to occur or (2) issued regulations
authorizing such takes under section 101(a)(5)(A) of the MMPA.
Response: NMFS concurs with the Commission's recommendation and
will include this provision in the IHA.
Comment 3: The Commission also resubmitted the identical comments
it submitted on the 2005 and 2006 NEODS IHA. In summary, the Commission
recommends NMFS should further explain its rationale for determining
that the takings will be by harassment only and that the potential for
lethal injuries is sufficiently remote to warrant the issuance of an
authorization under 101(a)(5)(d) of the MMPA. In addition, the
Commission questioned NMFS' assessment that TTS constitutes no more
than Level B harassment and NMFS should further explain and justify the
dual criteria established for determining non-lethal injury; the ``non-
injurious behavioral response'' threshold; and the 23 psi criterion for
estimating TTS threshold.
Response: NMFS stated the Commission's concerns and addressed them
in the Federal Register notice announcing the issuance of the 2005 and
2006 IHA's (70 FR 51341, August 30, 2005; 71 FR 60693, October 16,
2006), and they may be referenced there.
Comment 4: A member of the public opposes the issuance of this
permit based on the assumption it would allow for the killing of marine
mammals.
Response: NMFS does not believe that the authorized activities will
result in the death of any marine mammals, nor does this IHA authorize
any marine mammal injury or mortality.
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 calculated ZOI area, 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.
Using a high density estimate for each species of dolphin, the ZOI
of charge employed and the total of events per year, an annual estimate
for the potential number of animals exposed to noise was derived.
Without any mitigation, up to one cetacean is estimated to be within
the Level A Harassment 205 dB ZOI. Because in-place mitigations would
clear the area of any marine mammals before detonation, it is
anticipated that no marine mammal takes by mortality or injury (Level A
Harassment) would result. No Level A Harassment or mortality is
authorized by NMFS during NEODS activities.
For Level B Harassment, two separate criteria were established, one
expressed in dB re 1 microPa\2\ s maximum EFD level in any 1/3-octave
band above 100 Hz, and one expressed in psi. The estimated numbers of
Atlantic bottlenose dolphins and Atlantic spotted dolphins potentially
taken through exposure to 182 dB are 4 and 3 individuals, respectively.
The estimated numbers potentially taken through exposure to 23 psi are
also 4 and 3 individuals, respectively. This represents less than
0.0002 percent for each species and perhaps 1-2 percent of an inshore
stock of Atlantic bottlenose dolphins if one individual for that stock
is harassed. While it is highly unlikely that the offshore bottlenose
dolphin stock would be affected by this action due their distribution,
it not possible to distinguish from inshore stocks of this species.
Possible Effects of Activities on Marine Mammal Habitat
NMFS anticipates no loss or modification to the habitat used by
Atlantic bottlenose dolphins or Atlantic spotted dolphins in the EGTTR.
The primary source of marine mammal habitat impact resulting from the
NEODS missions is noise, which is intermittent (maximum 30 times per
year) and of limited duration. The effects of debris (which will be
recovered following test activities),
[[Page 56803]]
ordnance, fuel, and chemical residues were analyzed in the NEODS
Biological Assessment and NMFS' Environmental Assessment. These
documents conclude that marine mammal habitat would not be affected
from the specified activity.
EAFB initiated consultation with NMFS Southeast Region (SER) on
July 27, 2007 for effects regarding Essential Fish Habitat (EFH). On
August 6, 2007, NMFS SER concurred with EAFB's determination that NEODS
activities are not likely to adversely affect EFH. NMFS Office of
Protected Resources adopts the SERs determinations and accordingly
finds that EFH is not likely to be adversely affected from NEODS
activities.
Mitigation and Monitoring
Mitigation will consist primarily of surveying and taking action to
avoid detonating charges when protected species are within the Level A
harassment ZOI. A trained, NMFS-approved observer will 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 (1,509 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, one hour, and the entire 15 minutes prior to the
mission to verify that the ZOI (230 m (755 ft)) is free of visually
detectable marine mammals, and 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 any ZOI
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 ZOI is and will remain clear of
detectable marine mammals.
Monitoring of the survey 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 Level B
Harassment 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 Level B Harassment ZOI and
subsequently is not seen again within 15 minutes. 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.
In the event of a postponement, pre-mission monitoring would
continue as long as weather and daylight hours allow. If a charge fails
to explode, mitigation measures would continue while operations
personnel attempt to recognize and solve the problem (i.e., detonate
the charge).
Post-mission monitoring is designed to determine the effectiveness
of pre-mission mitigation by reporting any sightings of dead or injured
marine mammals. Post-detonation monitoring, concentrating on the area
down current of the test site, would commence immediately following
each detonation and continue for at least two hours after the last
detonation. The monitoring team would document and report to the
appropriate marine animal stranding network any marine mammals killed
or injured during the test and, if practicable, recover and examine any
dead animals. The species, number, location, and behavior of any
animals observed by the teams would be documented and reported to the
Officer in Tactical Command.
Additionally, in the unlikely event that an injured (Level A
Harassment), seriously injured, or dead marine mammal is found in the
vicinity of the operations and the death or injury could be
attributable to the NEODS activities, training operations will be
suspended and NMFS contacted immediately. This suspension would remain
in place until NMFS has (1) reviewed the situation and determined that
further injury or death is unlikely to occur or (2) issued regulations
to authorize such takes under section 101(a)(5)(A) of the MMPA.
Reporting
The Air Force will notify NMFS two 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
conducted under this IHA.
Endangered Species Act
In a Biological Opinion issued on October 25, 2004, NMFS concluded
that the NEODS training missions and their associated actions are not
likely to jeopardize the continued existence of threatened or
endangered species under the jurisdiction of NMFS or destroy or
adversely modify critical habitat that has been designated for those
species. NMFS has issued an incidental take statement (ITS) for NEODS
for sea turtles pursuant to section 7 of the Endangered Species Act.
The ITS contains reasonable and prudent measures with implementing
terms and conditions to minimize the effects of this take. This IHA
action is within the scope of the previously analyzed action and does
not change the action in a manner that was not considered previously.
National Environmental Policy Act
In 2005, NMFS prepared an Environmental Assessment (EA) on the
Issuance of Authorizations to Take Marine Mammals, by Harassment,
Incidental to Naval Explosive Ordnance Disposal School Training
Operations at Eglin Air Force Base, Florida and subsequently issued a
Finding of No Significant Impact (FONSI). In 2007, NMFS issued a FONSI
based on a supplemental EA (SEA) to address new available information
regarding the effects of the described activities to Essential Fish
Habitat and other operations EAFB is conducting that may have
cumulative impacts to the physical and biological environment. This IHA
action is within the scope of the previously analyzed action and does
not change the action in a manner that was not considered previously.
Therefore, preparation of an EIS on this action is not required by
section 102(2) of the NEPA or its implementing regulations.
Conclusions
NMFS has issued an IHA for a one-year period to the EAFB for the
NEODS training missions to take place within the EGTTR, Florida. The
issuance of this IHA is contingent upon adherence to the previously
mentioned mitigation, monitoring, and reporting requirements. NMFS has
determined that the impact of the NEODS training, which entails up
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to six missions per year, including up to five live detonations per
mission of approximately 5-lb (2.3 kg) net explosive weight charges to
occur in approximately 60-ft (18 m) deep water from one to three nm
offshore, may result in the Level B Harassment of a few Atlantic
bottlenose dolphins and Atlantic spotted dolphins; this would have a
negligible impact on these affected marine mammals species and stocks.
Dwarf and pygmy sperm whales and manatees are unlikely to be found in
the area and, therefore, are unlikely to 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. No subsistence users are located within the
geographic area of this project.
No rookeries, mating grounds, areas of concentrated feeding, or
other areas of special significance for marine mammals occur within or
near the NEODS test sites.
Authorization
As a result of these determinations, NMFS proposes to issue an IHA
to the Air Force for NEODS training operations at EAFB, Florida,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.
Dated: September 19, 2008.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E8-22817 Filed 9-29-08; 8:45 am]
BILLING CODE 3510-22-S
