Taking and Importing Marine Mammals; U.S. Navy Training in the Jacksonville Range Complex, 76578-76605 [E8-29761]
Download as PDF
76578
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
In accordance with Department of the
Interior (hereinafter Department) policy
regarding meetings of the Service
Regulations Committee attended by any
person outside the Department, these
meetings are open to public observation.
Dated: November 26, 2008.
Paul R. Schmidt,
Assistant Director, Migratory Birds, U.S. Fish
and Wildlife Service.
[FR Doc. E8–29942 Filed 12–16–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 218
Availability
RIN 0648–AW79
Taking and Importing Marine
Mammals; U.S. Navy Training in the
Jacksonville Range Complex
pwalker on PROD1PC71 with PROPOSALS
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS has received a request
from the U.S. Navy (Navy) for
authorization to take marine mammals
incidental to training activities
conducted within the Jacksonville (JAX)
Range Complex for the period of April
2009 through April 2014. Pursuant to
the Marine Mammal Protection Act
(MMPA), NMFS is proposing
regulations to govern that take and
requesting information, suggestions, and
comments on these proposed
regulations.
DATES: Comments and information must
be received no later than January 16,
2009.
ADDRESSES: You may submit comments,
identified by 0648–AW79, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• Hand delivery or mailing of paper,
disk, or CD-ROM comments should be
addressed to Michael Payne, Chief,
Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD
20910–3225.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
VerDate Aug<31>2005
16:09 Dec 16, 2008
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields if you wish to remain anonyous).
Attachments to electronic comments
will be accepted in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS, (301) 713–2289, ext.
137.
SUPPLEMENTARY INFORMATION:
Jkt 217001
A copy of the Navy’s application may
be obtained by writing to the address
specified above (See ADDRESSES),
telephoning the contact listed above (see
FOR FURTHER INFORMATION CONTACT), or
visiting the internet at: https://
www.nmfs.noaa.g gov/pr/permits/
incidental.h htm. The Navy’s Draft
Environmental Impact Statement (DEIS)
for the JAX Range Complex was
published on June 27, 2008, and may be
viewed at https://www.JacksonvilleRange
C ComplexEIS.com. NMFS participated
in the development of the Navy’s DEIS
as a cooperating agency under the
National Environmental Policy Act
(NEPA).
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 small
numbers of marine mammals in
specified geographic region by U.S.
citizens who engage in a specified
activity (other than commercial fishing)
during periods of not more than five
consecutive years each 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 shall 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:
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
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.
The National Defense Authorization
Act of 2004 (NDAA) (Public Law 108–
136) removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations and amended the definition
of ‘‘harassment’’ as it applies to a
‘‘military readiness activity’’ to read as
follows (Section 3(18)(B) of the MMPA):
(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 March 17, 2008, NMFS received
an application from the Navy requesting
authorization for the take of six species
of cetaceans incidental to the proposed
training activities in the JAX Range
Complex over the course of 5 years. On
November 7, 2008, the Navy submitted
an Addendum with some modifications
to its original requests. These training
activities are classified as military
readiness activities. The Navy states that
these training activities may cause
various impacts to marine mammal
species in the proposed JAX Range
Complex area. The Navy requests an
authorization to take individuals of
these cetacean species by Level B
Harassment. Further, the Navy requests
authorization to take 2 individual
Atlantic spotted dolphins per year by
injury as a result of the proposed
training activities at JAX Range
Complex. Please refer to Table 9 of the
document for detailed information of
the potential exposures from explosive
ordnance (per year) for marine
mammals in the JAX Range Complex.
However, due to the proposed
mitigation and monitoring measures,
NMFS believes that the actual take
would be less that estimated.
Background of Navy Request
The Navy’s mission is to maintain,
train, and equip combat-ready naval
forces capable of winning wars,
deterring aggression, and maintaining
freedom of the seas. Section 5062 of
Title 10 of the U.S. Code directs the
Chief of Naval Operations to train all
naval forces for combat. The Chief of
Naval Operations meets that direction,
in part, by conducting at-sea training
exercises and ensuring naval forces have
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
access to ranges, operating areas
(OPAREAs) and airspace where they can
develop and maintain skills for wartime
missions and conduct research,
development, test, and evaluation
(RDT&E) of naval weapons systems.
The JAX Range Complex represents
an essential three-dimensional space
that provides a realistic and safe
training area for Navy personnel. For
nearly a century the area has supported
Navy training activities, and is now host
to a wide range of training every year to
ensure the U.S. military members are
ready for combat.
The JAX Study Area geographically
encompasses offshore, near-shore, and
onshore OPAREAs, instrumented
ranges, and special use airspace (SUA)
located along the southern east coast of
the U.S. The two principal OPAREAs
within the JAX Study Area are the
Jacksonville OPAREA and the
Charleston OPAREA (sometimes
referred to collectively as the JAX/
CHASN OPAREA, or simply the
OPAREA). The boundary that separates
the two OPAREAs from one another is
located between 31° and 32° N latitude.
The JAX/CHASN OPAREA encompasses
much of the South Atlantic Bight (SAB)
(i.e., the marine waters located between
Cape Hatteras and Cape Canaveral).
The JAX/CHASN OPAREA
encompasses 50,219 nm2 (172,246 km2)
of ocean area within the SAB. The
western boundary of the JAX/CHASN
OPAREA is located approximately 3 nm
(5.56 km) off the southeast U.S. coast.
This shoreward boundary ranges from
waters southwest of the New River,
North Carolina to waters just north of
the Indian and Banana River Complex,
Florida.
The northernmost point of the JAX/
CHASN OPAREA is located just north of
Wilmington, North Carolina (34°37’ N)
in waters less than 20 m (65.6 ft) deep,
while the easternmost boundary lies 281
nm (518.6 km) offshore of Jacksonville,
Florida (77°00’ W) in waters with a
bottom depth of nearly 2,000 m (6,562
ft). The JAX/CHASN OPAREA is a set of
operating and maneuver areas with
defined air, ocean surface, and
subsurface areas described in detail in
Table 1 of the Navy’s LOA application.
A Warning Area is airspace of defined
dimensions, extending from 3 nm (5.56
km) outward from the coast of the U.S.,
which contains activity that may be
hazardous to nonparticipating aircraft.
The purpose of such warning areas is to
warn nonparticipating pilots of the
potential danger. A warning area may be
located over domestic or international
waters or both.
Description of the Specified Activities
In the application submitted to
NMFS, the Navy requests an
authorization to take marine mammals
incidental to conducting training
operations within the JAX Range
Complex. These training activities
consist of surface warfare, mine warfare,
amphibious warfare, vessel movement,
and small arms training. The locations
of these activities are described in
76579
Figure 1 of the application. A
description of each of these training
activities within the JAX Range
Complex is provided below:
Surface Warfare
Surface Warfare (SUW) supports
defense of a geographical area (e.g., a
zone or barrier) or friendly ships
underway in cooperation with surface,
subsurface, and air forces. SUW
operations detect, localize, and track
surface targets, primarily ships. Hostile
small craft and ships are detected and
monitored visually and with electronic
sensors. Operations include identifying
surface contacts, engaging with
weapons, disengaging, evasion and
avoiding attack, including
implementation of radio silence and
deceptive measures.
For the proposed JAX Range Complex
training operations, SUW involving the
use of explosive ordnance includes airto-surface Missile Exercises that occur at
sea.
Missile Exercise (Air-to-Surface)
(MISSILEX (A-S)): This exercise would
involve fixed winged aircraft and
helicopter launching missiles at targets
on the ocean’s surface with the goal of
destroying or disabling the target.
MISSILEX (A-S) training in JAX Range
Complex can occur during the day or at
night in locations described in Figure 1
of the LOA application. Table 1 below
summarizes the levels of MISSILEX
planned in the JAX Range Complex for
the proposed action.
TABLE 1. LEVELS OF MISSILEX PLANNED IN THE JAX RANGE COMPLEX PER YEAR
Platform
System/Ordnance
Number of Events
Missile Exercise (MISSILEX)
(Air to Surface)
MH-60R/S, SH-60B, HH-60H
AGM-114 (Hellfire missile)
70 sorties (70 missiles)
P-3C, and P-8A
pwalker on PROD1PC71 with PROPOSALS
Operation
AGM-65 (Maverick missile)
3 sorties (3 missiles)
Mine Warfare/Mine Exercises
Mine Warfare (MIW) includes the
strategic, operational, and tactical use of
mines and mine countermine measures
(MCM). MIW training events are also
collectively referred to as Mine
Exercises (MINEX). MIW training/
MINEX utilizes shapes to simulate
mines. These shapes are either concretefilled shapes or metal shapes. No actual
explosive mines are used during MIW
training in the JAX Range Complex
study area. MIW training or MINEX is
divided into the following.
(1) Mine laying: Crews practice the
laying of mine shapes in simulated
enemy areas;
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
(2) Mine countermeasures: Crews
practice ‘‘countering’’ simulated enemy
mines to permit the maneuver of
friendly vessels and troops.
‘‘Countering’’ refers to both the
detection and identification of enemy
mines, the marking and maneuver of
vessels and troops around identified
enemy mines and mine fields, and the
disabling of enemy mines. A subset of
mine countermeasures is mine
neutralization. Mine neutralization
refers to the disabling of enemy mines
by causing them to self-detonate either
by setting a small explosive charge in
the vicinity of the enemy mine, or by
using various types of equipment that
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
emit a sound, pressure, or a magnetic
field that causes the mine to trip and
self-detonate. In all cases, actual
explosive (live) mines would not be
used during training events. Rather,
mine shapes are used to simulate real
enemy mines. In the JAX Study Area,
MIW training/MINEX events include the
use of explosive charges for one type of
mine countermeasures and
neutralization training: underwater
detonations of mine shapes by
Explosive Ordnance Disposal (EOD)
divers. Table 2 below summarizes the
levels of mine warfare/mine exercises
planned in the JAX Range Complex for
the proposed action.
E:\FR\FM\17DEP1.SGM
17DEP1
76580
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
TABLE 2. LEVELS OF MINE WARFARE/MINE EXERCISES PLANNED IN THE JAX RANGE COMPLEX PER YEAR
Operation
Platform
System/Ordnance
Number of Events (each event include 1 charge)
Mine Neutralization
EOD
20 lb charges
12 events
EOD personnel detect, identify,
evaluate, and neutralize mines. The
EOD mission during training is to locate
and neutralize mine shapes after they
are initially located by another source,
such as an MCM or MHC class ship or
an MH–53 or MH–60 helicopter. For
underwater detonations, EOD divers are
deployed from a ship or small boat to
practice neutralizing a mine shape
underwater. The neutralization exercise
in the water is normally done with an
explosive charge of 5-, 10- or 20–lbs
NEW. The initiation of the charge is
controlled remotely by EOD personnel.
If the mine shape were an actual mine,
it would explode due to the pressure
and energy exerted in the water from the
smaller EOD explosive charge. This
During a FIREX, surface ships use
their main battery guns to fire from sea
at land targets in support of military
forces ashore. On the east coast, the land
ranges where FIREX training can take
place are limited. Therefore, land
masses are simulated during east coast
FIREX training using the Integrated
Maritime Portable Acoustic Scoring and
Simulation System (IMPASS) system, a
system of buoys that simulate a land
mass. FIREX training using IMPASS
would occur only during daylight hours
in the locations described in Figure 1 of
the LOA application. Table 3 below
summarizes the levels of FIREX with
IMPASS planned in the JAX Range
Complex for the proposed action.
training is conducted only during day
light hours in the JAX Study Area.
Amphibious Warfare
Amphibious Warfare (AMW) involves
the utilization of naval firepower and
logistics in combination with U.S.
Marine Corps landing forces to project
military power ashore. AMW
encompasses a broad spectrum of
operations involving maneuver from the
sea to objectives ashore, ranging from
shore assaults, boat raids, ship-to-shore
maneuver, shore bombardment and
other naval fire support, and air strike
and close air support training. AMW
that involves the use of explosive
ordnance is limited to Firing Exercises
(FIREX).
TABLE 3. LEVELS OF FIREX WITH IMPASS PLANNED IN THE JAX RANGE COMPLEX PER YEAR
Operation
Platform
System/Ordnance
Number of Events (each event include 1 charge)
FIREX with IMPASS
CG, DDG
5″ gun (IMPASS
10 events
(390 rounds)
Vessel Movement
Vessel movements are associated with
most activities under the training
operations in the JAX Study Area. This
involves transiting to and from port to
the JAX Range Complex as well as
vessel movements into, within, and
through the range complex. Some
training operations are strictly vessel
movements such as Man Overboard
Drills, Tow/Be Towed Exercises,
Underway Replenishment, Aircraft
Carrier Flight Operations, and use of the
transit lanes by submarines when
surfaced; these types of operations are
all analyzed under the impacts from
vessel movement. The Navy estimates
approximately 1,050 steaming days in
the JAX Range Complex. This also
includes non-training related vessel
movements which are unpredictable as
to their occurrence in a year such as, but
not limited to, storm evasion,
deployment transits, and movements in
the basin to rearrange for repairs/
berthing/loading/off-loading from
designated piers. An estimate of
steaming days per year was computed
by summing the number of steaming
hours proposed in each range complex,
dividing by 24 hours per day, and
rounding to the nearest 10 days.
Small Arms Training Explosive hand
grenades (such as the MK3A2 grenades)
Small arms training is part of
quarterly reservist training for the
Mobile Expeditionary Security Group
(MESG). The MESG trains with MK3A2
(0.5–lb NEW) anti-swimmer concussion
grenades. The MK3A2 grenades are
small and contain high explosives in an
inert metal or plastic shell. They
detonate at about 3 m (9.8 ft) under the
water’s surface within 4 to 5 seconds of
being deployed. The detonation depth
may be shallower depending upon the
speed of the boat at the time the grenade
is deployed. Table 4 below summarizes
the levels of small arms training
planned in the JAX Range Complex for
the proposed action.
TABLE 4. LEVELS OF SMALL ARMS TRAINING PLANNED IN THE JAX RANGE COMPLEX PER YEAR
pwalker on PROD1PC71 with PROPOSALS
Operation
Platform
System/Ordnance
Event Duration
Number of Events (each
event include 1 charge)
Small Arms Training (explosive hand grenades)
Maritime Expeditionary
Support Group (Various
Small Boats)
MK3A2 anti-swimmer grenades (HE)
1-2 hours
96 events
(80 grenades)
A number of different types of boats
would be used depending on the unit
using the boat and their mission. Boats
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
are mostly used by Naval Special
Warfare (NSW) teams and Navy
Expeditionary Combat Command
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
(NECC) units (Naval Coastal Warfare,
Inshore Boat Units, Mobile Security
Detachments, Explosive Ordnance
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
Disposal, and Riverine Forces). These
units would be used to protect ships in
harbors and high value units, such as
aircraft carriers, nuclear submarines,
liquid natural gas tankers, etc., while
entering and leaving ports, as well as to
conduct riverine operations, insertion
and extractions, and various naval
special warfare operations.
The boats used by these units include:
Small Unit River Craft (SURC), Combat
Rubber Raiding Craft (CRRC), Rigid Hull
Inflatable Boats (RHIB), Patrol Craft, and
many other versions of these types of
boats. These boats would use inboard or
outboard, diesel or gasoline engines
with either propeller or water jet
propulsion.
This exercise is usually a live-fire
exercise, but at times blanks may be
used so boat crews can practice their
ship-handling skills for the employment
of weapons without being concerned
with the safety requirements involved
with HE weapons.
(1) Basic Phase (Unit Level Training)
Scenario:
Boat crews may use high or low
speeds to approach and engage targets
simulating swimmers with antiswimmer concussion grenades.
(2) Integrated and Sustainment Phase
Training Scenarios:
Typically do not differ from the Basic
Phase Scenario, except for additional
command and control coordination
involved.
(3) Training Considerations
The purpose of this exercise is to
develop marksmanship skills and small
boat ship-handling tactics skills
required to employ these weapons.
Training usually lasts 1–2 hours.
Description of Marine Mammals in the
Area of the Specified Activities
There are 29 marine mammal species
with possible or confirmed occurrence
in the JAX Range Complex. As indicated
in Table 5, all of them are cetacean
species (7 mysticetes and 22
odontocetes). Table 5 also includes the
federal status of these marine mammal
species. Six marine mammal species
listed as federally endangered under the
Endangered Species Act (ESA) occur in
the JAX Range Complex: the humpback
whale, North Atlantic right whale, sei
whale, fin whale, blue whale, and sperm
whale.
TABLE 5. MARINE MAMMAL SPECIES FOUND IN THE JAX RANGE COMPLEX
Family and Scientific Name
Common Name
Federal Status
Order Cetacea
Suborder Mysticeti (baleen whales)
Eubalaena glacialis
North Atlantic right whale
Endangered
Megaptera novaeangliae
Humpback whale
Endangered
Balaenoptera acutorostrata
Minke whale
B. brydei
Bryde’s whale
B. borealis
Sei whale
Endangered
B. physalus
Fin whale
Endangered
B. musculus
Blue whale
Endangered
Physeter macrocephalus
Sperm whale
Endangered
Kogia breviceps
Pygmy sperm whale
K. sima
Dwarf sperm whale
Ziphius cavirostris
Cuvier’s beaked whale
Mesoplodon minus
True’s beaked whale
M. europaeus
Gervais’ beaked whale
M. densirostris
Blainville’s beaked whale
Steno bredanensis
Rough-toothed dolphin
Tursiops truncatus
Bottlenose dolphin
Stenella attenuata
Pantropical spotted dolphin
S. frontalis
Atlantic spotted dolphin
S. longirostris
Spinner dolphin
S. clymene
Clymene dolphin
S. coeruleoalba
Striped dolphin
Delphinus delphis
Common dolphin
pwalker on PROD1PC71 with PROPOSALS
Suborder Odontoceti (toothed whales)
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
76581
E:\FR\FM\17DEP1.SGM
17DEP1
76582
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
TABLE 5. MARINE MAMMAL SPECIES FOUND IN THE JAX RANGE COMPLEX—Continued
Family and Scientific Name
Common Name
Fraser’s dolphin
Grampus griseus
Risso’s dolphin
Peponocephala electra
Melon-headed whale
Feresa attenuata
Pygmy killer whale
Pseudorca crassidens
False killer whale
Orcinus orca
Killer whale
G. macrorhynchus
pwalker on PROD1PC71 with PROPOSALS
Lagenodephis hosei
Federal Status
Short-finned pilot whale
The information contained herein
relies heavily on the data gathered in
the Marine Resource Assessments
(MRAs). The Navy MRA Program was
implemented by the Commander, Fleet
Forces Command, to initiate collection
of data and information concerning the
protected and commercial marine
resources found in the Navy’s
OPAREAs. Specifically, the goal of the
MRA program is to describe and
document the marine resources present
in each of the Navy’s OPAREAs. The
MRA for the JAX/CHASN OPAREA was
recently updated in 2008 (DoN, 2008).
The MRA data were used to provide
a regional context for each species. The
MRA represents a compilation and
synthesis of available scientific
literature (e.g., journals, periodicals,
theses, dissertations, project reports,
and other technical reports published by
government agencies, private
businesses, or consulting firms), and
NMFS reports including stock
assessment reports, recovery plans, and
survey reports.
The density estimates that were used
in previous Navy environmental
documents have been recently updated
to provide a compilation of the most
recent data and information on the
occurrence, distribution, and density of
marine mammals. The updated density
estimates used for the analyses are
derived from the Navy OPAREA Density
Estimates (NODE) for the Southeast
OPAREAS report (DON, 2007).
Density estimates for cetaceans were
either modeled using available linetransect survey data or derived using
available data in order of preference: (1)
through spatial models using linetransect survey data provided by NMFS;
(2) using abundance estimates from
Mullin and Fulling (2003); (3) or based
on the cetacean abundance estimates
found in the most current NMFS stock
assessment report (SAR) (Waring et al.,
2007), which can be viewed at: https://
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
www.nmfs.noaa.gov/pr/sars/
species.htm.
For the model-based approach,
density estimates were calculated for
each species within areas containing
survey effort. A relationship between
these density estimates and the
associated
environmental parameters such as
depth, slope, distance from the shelf
break, sea surface temperature, and
chlorophyll a concentration was
formulated using generalized additive
models. This relationship was then used
to generate a two-dimensional density
surface for the region by predicting
densities in areas where no survey data
exist.
The analyses for cetaceans were based
on sighting data collected through
shipboard surveys conducted by NMFSNortheast Fisheries Science Center
(NEFSC) and Southeast Fisheries
Science Center (SEFSC) between 1998
and 2005. Species-specific density
estimates derived through spatial
modeling were compared with
abundance estimates found in the most
current NMFS SAR to ensure
consistency. All spatial models and
density estimates were reviewed by and
coordinated with NMFS Science Center
technical staff and scientists with the
University of St. Andrews, Scotland,
Centre for Environmental and Ecological
Modeling (CREEM). For a more detailed
description of the methodology
involved in calculating the density
estimates provided in this LOA, please
refer to the NODE report for the
Southeast (DON 2007).
Potential Impacts to Marine Mammal
Species
The Navy considers that explosions
associated with MISSILEX, FIREX,
MINEX, and Small Arms Training
(explosive hand grenades) are the
activities with the potential to result in
Level A or Level B harassment of marine
mammals. Vessel strikes were also
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
analyzed for potential affect to marine
mammals.
Vessel Strikes
Ship strikes are known to affect large
whales and sirenians in the JAX Study
Area. The most vulnerable marine
mammals are those that spend extended
periods of time at the surface in order
to restore oxygen levels within their
tissues after deep dives (e.g., the sperm
whale). In addition, some baleen
whales, such as the North Atlantic right
whale seem generally unresponsive to
vessel sound, making them more
susceptible to vessel collisions
(Nowacek et al., 2004). These species
are primarily large, slow moving
whales. Smaller marine mammals, for
example, Atlantic bottlenose and
Atlantic spotted dolphins-move quickly
throughout the water column and are
often seen riding the bow wave of large
ships. Marine mammal responses to
vessels may include avoidance and
changes in dive pattern (NRC, 2003).
After reviewing historical records and
computerized stranding databases for
evidence of ship strikes involving
baleen and sperm whales, Laist et al.
(2001) found that accounts of large
whale ship strikes involving boats
operated by engines in the area date
back to at least the late 1800s. Ship
collisions remained infrequent until the
1950s, after which point they increased.
Laist et al. (2001) report that both the
number and speed of motorized vessels
have increased over time for transAtlantic passenger services, which
transit through the area. They
concluded that most strikes occur over
or near the continental shelf, that ship
strikes likely have a negligible effect on
the status of most whale populations,
but that for small populations or
segments of populations the impact of
ship strikes may be significant.
Although ship strikes may result in
the mortality of a limited number of
whales within a population or stock,
E:\FR\FM\17DEP1.SGM
17DEP1
pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
Laist et al. (2001) also concluded that,
when considered in combination with
other human-related mortalities in the
area (e.g., entanglement in fishing gear),
these ship strikes may present a concern
for whale populations.
Of 11 species known to be hit by
ships, fin whales are struck most
frequently; followed by right whales,
humpback whales, sperm whales, and
gray whales (Laist et al., 2001). In some
areas, one-third of all fin whale and
right whale strandings appear to involve
ship strikes. Sperm whales spend long
periods (typically up to 10 minutes;
Jacquet et al., 1996) ‘‘rafting’’ at the
surface between deep dives. There were
also instances in which sperm whales
approached vessels too closely and were
cut by the propellers (NMFS, 2006).
The east coast is a principal migratory
corridor for North Atlantic right whales
that travel between the calving/nursery
areas in the Southeastern United States
and feeding grounds in the northeast
U.S. and Canada. Transit to the Study
Area from mid-Atlantic ports requires
Navy vessels to cross the migratory
route of North Atlantic right whales.
Southward right whale migration
generally occurs from mid- to late
November, although some right whales
may arrive off the Florida coast in early
November and stay into late March
(Kraus et al., 1993). The northbound
migration generally takes place between
January and late March. Data indicate
that during the spring and fall
migration, right whales typically occur
in shallow water immediately adjacent
to the coast, with over half the sightings
(63 percent) occurring within 18.5 km
(10 NM), and 94.1 percent reported
within 55 km (30 NM) of the coast.
Given the low abundance of North
Atlantic right whales relative to other
species, the frequency of occurrence of
vessel collisions to right whales suggests
that the threat of ship strikes is
proportionally greater to this species
(Jensen and Silber, 2003). Therefore, in
2008, NMFS published a final rule
concerning right whale vessel collision
reduction strategy and established
operational measures for the shipping
industry to reduce the potential for large
vessel collisions with North Atlantic
right whales while transiting to and
from mid-Atlantic ports during right
whale migratory periods (73 FR 60173;
October 10, 2008). Recent studies of
right whales have shown that these
whales tend to lack a response to the
sounds of oncoming vessels (Nowacek
et al., 2004). Although Navy vessel
traffic generally represents only 2 - 3
percent of overall large vessel traffic,
based on this biological characteristic
and the presence of critical Navy ports
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
along the whales’ mid-Atlantic
migratory corridor, the Navy was the
first Federal agency to proactively adopt
additional mitigation measures for
transits in the vicinity of mid-Atlantic
ports during right whale migration. For
purposes of these measures, the midAtlantic is defined broadly to include
ports south and east of Block Island
Sound southward to South Carolina.
Accordingly, the Navy has proposed
mitigation measures to reduce the
potential for collisions with surfaced
marine mammals (for more details refer
to Proposed Mitigation Measures
below). Based on the implementation of
Navy mitigation measures, especially
during times of anticipated right whale
occurrence, and the relatively low
density of Navy ships in the Study Area
the likelihood that a vessel collision
would occur is very low.
Assessment of Marine Mammal
Response to Anthropogenic Sound
Marine mammals respond to various
types of anthropogenic sounds
introduced in the ocean environment.
Responses are typically subtle and can
include shorter surfacings, shorter
dives, fewer blows per surfacing, longer
intervals between blows (breaths),
ceasing or increasing vocalizations,
shortening or lengthening vocalizations,
and changing frequency or intensity of
vocalizations (NRC, 2005). However, it
is not known how these responses relate
to significant effects (e.g., long-term
effects or population consequences).
The following is an assessment of
marine mammal responses and
disturbances when exposed to
anthropogenic sound.
I. Physiology
Potential impacts to the auditory
system are assessed by considering the
characteristics of the received sound
(e.g., amplitude, frequency, duration)
and the sensitivity of the exposed
animals. Some of these assessments can
be numerically based (e.g., temporary
threshold shift [TTS] of hearing
sensitivity, permanent threshold shift
[PTS] of hearing sensitivy, perception).
Others will be necessarily qualitative,
due to a lack of information, or will
need to be extrapolated from other
species for which information exists.
Potential physiological responses to
the sound exposure are ranked in
descending order, with the most severe
impact (auditory trauma) occurring at
the top and the least severe impact
occurring at the bottom (the sound is
not perceived).
Auditory trauma represents direct
mechanical injury to hearing related
structures, including tympanic
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
76583
membrane rupture, disarticulation of
the middle ear ossicles, and trauma to
the inner ear structures such as the
organ of Corti and the associated hair
cells. Auditory trauma is always
injurious and could result in PTS.
Auditory trauma is always assumed to
result in a stress response.
Auditory fatigue refers to a loss of
hearing sensitivity after sound
stimulation. The loss of sensitivity
persists after, sometimes long after, the
cessation of the sound. The mechanisms
responsible for auditory fatigue differ
from auditory trauma and would
primarily consist of metabolic
exhaustion of the hair cells and cochlear
tissues. The features of the exposure
(e.g., amplitude, frequency, duration,
temporal pattern) and the individual
animal’s susceptibility would determine
the severity of fatigue and whether the
effects were temporary (TTS) or
permanent (PTS). Auditory fatigue (PTS
or TTS) is always assumed to result in
a stress response.
Sounds with sufficient amplitude and
duration to be detected among the
background ambient noise are
considered to be perceived. This
category includes sounds from the
threshold of audibility through the
normal dynamic range of hearing (i.e.,
not capable of producing fatigue).
To determine whether an animal
perceives the sound, the received level,
frequency, and duration of the sound
are compared to what is known of the
species’ hearing sensitivity.
Since audible sounds may interfere
with an animal’s ability to detect other
sounds at the same time, perceived
sounds have the potential to result in
auditory masking. Unlike auditory
fatigue, which always results in a stress
response because the sensory tissues are
being stimulated beyond their normal
physiological range, masking may or
may not result in a stress response,
depending on the degree and duration
of the masking effect. Masking may also
result in a unique circumstance where
an animal’s ability to detect other
sounds is compromised without the
animal’s knowledge. This could
conceivably result in sensory
impairment and subsequent behavior
change; in this case, the change in
behavior is the lack of a response that
would normally be made if sensory
impairment did not occur. For this
reason, masking also may lead directly
to behavior change without first causing
a stress response.
The features of perceived sound (e.g.,
amplitude, duration, temporal pattern)
are also used to judge whether the
sound exposure is capable of producing
a stress response. Factors to consider in
E:\FR\FM\17DEP1.SGM
17DEP1
76584
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
pwalker on PROD1PC71 with PROPOSALS
this decision include the probability of
the animal being naive or experienced
with the sound (i.e., what are the
known/unknown consequences of the
exposure).
The received level is not of sufficient
amplitude, frequency, and duration that
is perceptible by the animal, by
extension, this does not result in a stress
response (not perceived). Potential
impacts to tissues other than those
related to the auditory system are
assessed by considering the
characteristics of the sound (e.g.,
amplitude, frequency, duration) and the
known or estimated response
characteristics of nonauditory tissues.
Some of these assessments can be
numerically based. Others will be
necessarily qualitative, due to lack of
information. Each of the potential
responses may or may not result in a
stress response.
Direct tissue effects – Direct tissue
responses to sound stimulation may
range from tissue shearing (injury) to
mechanical vibration with no resulting
injury. Any tissue injury would produce
a stress response, whereas noninjurious
stimulation may or may not.
No tissue effects – The received sound
is insufficient to cause either direct
(mechanical) or indirect effects to
tissues. No stress response occurs.
II. The Stress Response
The acoustic source is considered a
potential stressor if, by its action on the
animal, via auditory or nonauditory
means, it may produce a stress response
in the animal. The term ‘‘stress’’ has
taken on an ambiguous meaning in the
scientific literature, but with respect to
the later discussions of allostasis and
allostatic loading, the stress response
will refer to an increase in energetic
expenditure that results from exposure
to the stressor and which is
predominantly characterized by either
the stimulation of the sympathetic
nervous system (SNS) or the
hypothalamic-pituitary-adrenal (HPA)
axis (Reeder and Kramer, 2005). The
SNS response to a stressor is immediate
and acute and is characterized by the
release of the catecholamine
neurohormones norepinephrine and
epinephrine (i.e., adrenaline). These
hormones produce elevations in the
heart and respiration rate, increase
awareness, and increase the availability
of glucose and lipids for energy. The
HPA response is ultimately defined by
increases in the secretion of the
glucocorticoid steroid hormones,
predominantly cortisol in mammals.
The amount of increase in circulating
glucocorticoids above baseline may be
an indicator of the overall severity of a
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
stress response (Hennessy et al., 1979).
Each component of the stress response
is variable in time; e.g., adrenalines are
released nearly immediately and are
used or cleared by the system quickly,
whereas cortisol levels may take long
periods of time to return to baseline.
The presence and magnitude of a
stress response in an animal depends on
a number of factors. These include the
animal’s life history stage (e.g., neonate,
juvenile, adult), the environmental
conditions, reproductive or
developmental state, and experience
with the stressor. Not only will these
factors be subject to individual
variation, but they will also vary within
an individual over time. In considering
potential stress responses of marine
mammals to acoustic stressors, each of
these should be considered. For
example, is the acoustic stressor in an
area where animals engage in breeding
activity? Are animals in the region
resident and likely to have experience
with the stressor (i.e., repeated
exposures)? Is the region a foraging
ground or are the animals passing
through as transients? What is the ratio
of young (naive) to old (experienced)
animals in the population? It is unlikely
that all such questions can be answered
from empirical data; however, they
should be addressed in any qualitative
assessment of a potential stress response
as based on the available literature.
The stress response may or may not
result in a behavioral change, depending
on the characteristics of the exposed
animal. However, provided a stress
response occurs, we assume that some
contribution is made to the animal’s
allostatic load. Allostasis is the ability of
an animal to maintain stability through
change by adjusting its physiology in
response to both predictable and
unpredictable events (McEwen and
Wingfield, 2003). The same hormones
associated with the stress response vary
naturally throughout an animal’s life,
providing support for particular life
history events (e.g., pregnancy) and
predictable environmental conditions
(e.g., seasonal changes). The allostatic
load is the cumulative cost of allostasis
incurred by an animal and is generally
characterized with respect to an
animal’s energetic expenditure.
Perturbations to an animal that may
occur with the presence of a stressor,
either biological (e.g., predator) or
anthropogenic (e.g., construction), can
contribute to the allostatic load
(Wingfield, 2003). Additional costs are
cumulative and additions to the
allostatic load over time may contribute
to reductions in the probability of
achieving ultimate life history functions
(e.g., survival, maturation, reproductive
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
effort and success) by producing
pathophysiological states (conditions
associated with disease or injury). The
contribution to the allostatic load from
a stressor requires estimating the
magnitude and duration of the stress
response, as well as any secondary
contributions that might result from a
change in behavior.
If the acoustic source does not
produce tissue effects, is not perceived
by the animal, or does not produce a
stress response by any other means, we
assumes that the exposure does not
contribute to the allostatic load.
Additionally, without a stress response
or auditory masking, it is assumed that
there can be no behavioral change.
Conversely, any immediate effect of
exposure that produces an injury is
assumed to also produce a stress
response and contribute to the allostatic
load.
III. Behavior
Changes in marine mammal behavior
are expected to result from an acute
stress response. This expectation is
based on the idea that some sort of
physiological trigger must exist to
change any behavior that is already
being performed. The exception to this
rule is the case of auditory masking. The
presence of a masking sound may not
produce a stress response, but may
interfere with the animal’s ability to
detect and discriminate biologically
relevant signals. The inability to detect
and discriminate biologically relevant
signals hinders the potential for normal
behavioral responses to auditory cues
and is thus considered a behavioral
change.
Impulsive sounds from explosions
have very short durations as compared
to other sounds like sonar or ship noise,
which are more likely to produce
auditory masking. Additionally the
explosive sources analyzed in this
document are used infrequently and the
training events are typically of short
duration. Therefore, the potential for
auditory masking is unlikely and no
impacts to marine mammals due to
auditory masking are anticipated due to
implementing the proposed action.
Numerous behavioral changes can
occur as a result of stress response. For
each potential behavioral change, the
magnitude in the change and the
severity of the response needs to be
estimated. Certain conditions, such as
stampeding (i.e., flight response) or a
response to a predator, might have a
probability of resulting in injury. For
example, a flight response, if significant
enough, could produce a stranding
event. Each altered behavior may also
have the potential to disrupt
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
biologically significant events (e.g.,
breeding or nursing) and may need to be
classified as Level B harassment. All
behavioral disruptions have the
potential to contribute to the allostatic
load. This secondary potential is
signified by the feedback from the
collective behaviors to allostatic
loading.
IV. Life Function
IV.1. Proximate Life Functions
Proximate life history functions are
the functions that the animal is engaged
in at the time of acoustic exposure. The
disruption of these functions, and the
magnitude of the disruption, is
something that must be considered in
determining how the ultimate life
history functions are affected.
Consideration of the magnitude of the
effect to each of the proximate life
history functions is dependent upon the
life stage of the animal. For example, an
animal on a breeding ground which is
sexually immature will suffer relatively
little consequence to disruption of
breeding behavior when compared to an
actively displaying adult of prime
reproductive age.
pwalker on PROD1PC71 with PROPOSALS
IV.2. Ultimate Life Functions
The ultimate life functions are those
that enable an animal to contribute to
the population (or stock, or species,
etc.). The impact to ultimate life
functions will depend on the nature and
magnitude of the perturbation to
proximate life history functions.
Depending on the severity of the
response to the stressor, acute
perturbations may have nominal to
profound impacts on ultimate life
functions. For example, unit-level use of
sonar by a vessel transiting through an
area that is utilized for foraging, but not
for breeding, may disrupt feeding by
exposed animals for a brief period of
time. Because of the brevity of the
perturbation, the impact to ultimate life
functions may be negligible. By contrast,
weekly training over a period of years
may have a more substantial impact
because the stressor is chronic.
Assessment of the magnitude of the
stress response from the chronic
perturbation would require an
understanding of how and whether
animals acclimate to a specific, repeated
stressor and whether chronic elevations
in the stress response (e.g., cortisol
levels) produce fitness deficits.
The proximate life functions are
loosely ordered in decreasing severity of
impact. Mortality (survival) has an
immediate effect, in that no future
reproductive success is feasible and
there is no further addition to the
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
population resulting from reproduction.
Severe injuries may also lead to reduced
survivorship (longevity) and prolonged
alterations in behavior. The latter may
further affect an animal’s overall
reproductive success and reproductive
effort. Disruptions of breeding have an
immediate impact on reproductive effort
and may impact reproductive success.
The magnitude of the effect will depend
on the duration of the disruption and
the type of behavior change that was
provoked. Disruptions to feeding and
migration can affect all of the ultimate
life functions; however, the impacts to
reproductive effort and success are not
likely to be as severe or immediate as
those incurred by mortality and
breeding disruptions.
Explosive Ordnance Exposure Analysis
The underwater explosion from a
weapon would send a shock wave and
blast noise through the water, release
gaseous by-products, create an
oscillating bubble, and cause a plume of
water to shoot up from the water
surface. The shock wave and blast noise
are of most concern to marine animals.
The effects of an underwater explosion
on a marine mammal depends on many
factors, including the size, type, and
depth of both the animal and the
explosive charge; the depth of the water
column; and the standoff distance
between the charge and the animal, as
well as the sound propagation
properties of the environment. Potential
impacts can range from brief effects
(such as behavioral disturbance), tactile
perception, physical discomfort, slight
injury of the internal organs and the
auditory system, to death of the animal
(Yelverton et al., 1973; O’Keeffe and
Young, 1984; DoN, 2001). Non-lethal
injury includes slight injury to internal
organs and the auditory system;
however, delayed lethality can be a
result of individual or cumulative
sublethal injuries (DoN, 2001).
Immediate lethal injury would be a
result of massive combined trauma to
internal organs as a direct result of
proximity to the point of detonation
(DoN, 2001). Generally, the higher the
level of impulse and pressure level
exposure, the more severe the impact to
an individual.
Injuries resulting from a shock wave
take place at boundaries between tissues
of different density. Different velocities
are imparted to tissues of different
densities, and this can lead to their
physical disruption. Blast effects are
greatest at the gas-liquid interface
(Landsberg, 2000). Gas-containing
organs, particularly the lungs and
gastrointestinal tract, are especially
susceptible (Goertner, 1982; Hill, 1978;
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
76585
Yelverton et al., 1973). In addition, gascontaining organs including the nasal
sacs, larynx, pharynx, trachea, and
lungs may be damaged by compression/
expansion caused by the oscillations of
the blast gas bubble (Reidenberg and
Laitman, 2003). Intestinal walls can
bruise or rupture, with subsequent
hemorrhage and escape of gut contents
into the body cavity. Less severe
gastrointestinal tract injuries include
contusions, petechiae (small red or
purple spots caused by bleeding in the
skin), and slight hemorrhaging
(Yelverton et al., 1973).
Because the ears are the most
sensitive to pressure, they are the organs
most sensitive to injury (Ketten, 2000).
Sound-related damage associated with
blast noise can be theoretically distinct
from injury from the shock wave,
particularly farther from the explosion.
If an animal is able to hear a noise, at
some level it can damage its hearing by
causing decreased sensitivity (Ketten,
1995) (see Assessment of Marine
Mammal Response to Anthropogenic
Sound section below). Sound-related
trauma can be lethal or sublethal. Lethal
impacts are those that result in
immediate death or serious debilitation
in or near an intense source and are not,
technically, pure acoustic trauma
(Ketten, 1995). Sublethal impacts
include hearing loss, which is caused by
exposures to perceptible sounds. Severe
damage (from the shock wave) to the
ears includes tympanic membrane
rupture, fracture of the ossicles, damage
to the cochlea, hemorrhage, and
cerebrospinal fluid leakage into the
middle ear. Moderate injury implies
partial hearing loss due to tympanic
membrane rupture and blood in the
middle ear. Permanent hearing loss also
can occur when the hair cells are
damaged by one very loud event, as well
as by prolonged exposure to a loud
noise or chronic exposure to noise. The
level of impact from blasts depends on
both an animal’s location and, at outer
zones, on its sensitivity to the residual
noise (Ketten, 1995).
The exercises that use explosives in
this request include: FIREX with
IMPASS, MISSILEX, MINEX, and Small
Arms Training (explosive hand
grenades). Table 6 summarizes the
number of events (per year by season)
and specific areas where each occurs for
each type of explosive ordnance used.
For most of the operations, there is no
difference in how many events take
place between the different seasons.
Fractional values are a result of evenly
distributing the annual totals over the
four seasons. For example, there are 70
Hellfire events per year that can take
place in MLTR during any season, so
E:\FR\FM\17DEP1.SGM
17DEP1
76586
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
there are 17.5 events modeled for each
season.
TABLE 6. NUMBER OF EXPLOSIVE EVENTS WITHIN THE JAX RANGE COMPLEX
Sub-Area
Ordnance
Winter
Spring
Summer
Fall
Annual Totals
MISSILEX
73
MLTR
Hellfire
17.5
17.5
17.5
17.5
MLTR
Maverick
0.75
0.75
0.75
0.75
FIREX
BB, CC
10
5″ rounds
0**
0**
20
5
MINEX
12
UNDET North
20 LB
1.25
1.25
1.25
1.25
UNDET South
20 LB
1.25
1.25
1.25
1.25
Small Arms Training
80
UNDET North
MK3A2 anti-swimmer concussion
grenade (0.5 lbs
NEW)
10
10
10
10
UNDET South
MK3A2 anti-swimmer concussion
grenade (0.5 lbs
NEW)
10
10
10
10
* See Figure 1 of the LOA application for the location of sub-areas.
** In accordance with the current biological opinion for the Southeast, no live FIREX is conducted during North atlantic right whale calving season (December 1 - March 31) and therefore no modeling was completed for the winter and spring season.
pwalker on PROD1PC71 with PROPOSALS
Acoustic Environment
Sound propagation (the spreading or
attenuation of sound) in the oceans of
the world is affected by several
environmental factors: water depth,
variations in sound speed within the
water column, surface roughness, and
the geo-acoustic properties of the ocean
bottom. These parameters can vary
widely with location.
Four types of data are used to define
the acoustic environment for each
analysis site:
Seasonal Sound Velocity Profiles
(SVP) – Plots of propagation speed
(velocity) as a function of depth, or
SVPs, are a fundamental tool used for
predicting how sound will travel.
Seasonal SVP averages were obtained
for each training area.
Seabed Geo-acoustics – The type of
sea floor influences how much sound is
absorbed and how much sound is
reflected back into the water column.
Wind Speeds – Several environmental
inputs, such as wind speed and surface
roughness, are necessary to model
acoustic propagation in the prospective
training areas.
Bathymetry data – Bathymetry data
are necessary to model acoustic
propagation and were obtained for each
of the training areas.
Acoustic Effects Analysis
The acoustic effects analysis
presented in the following sections is
briefly described for each major type of
exercise. A more in-depth effects
analysis is in Appendix A of the LOA
application s and the Addendum.
1. FIREX (with IMPASS)
Modeling was completed for a 5–in.
round, 8–lb NEW charge exploding at a
depth of 1 ft (0.3 m). The analytical
approach begins using a high-fidelity
acoustic model to estimate energy in
each 5–in explosive round. Impact areas
are calculated by summing the energy
from multiple explosions over a firing
exercise (FIREX) mission, and
determining the impact area based on
the thresholds and criteria. Level B
exposures were determined based on
the 177 dB re 1 microPa2–sec (energy)
criteria for behavioral disturbance
(without TTS) due to the use of multiple
explosions.
Impact areas for a full FIREX (with
IMPASS) event must account for the
time and space distribution of 39
explosions, as well as the movement of
animals over the several hours of the
exercise. The total impact area for the
39–shot event is calculated as the sum
of small impact areas for seven FIREX
missions (each with four to six rounds
fired) and one pre-FIREX action (with
six rounds fired). Table 7 shows the
Zone of Influence (ZOI) results of the
model estimation.
TABLE 7. ESTIMATED ZOIS (KM2) FOR A SINGLE FIREX (WITH IMPASS) EVENT (39 ROUNDS)
Area*
Level B ZOI @ 177 dB re 1 μPa2
sec (multiple detonations only)
Level B ZOI @ 23 psi
Level A ZOI @ 205 dB re 1 μPa2
sec or 13 psi
BB, CC
6.1397**
3.7773
0.16464
*Please see Figure 1 on page 2-2 of the LOA application for the locations of these areas.
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
76587
**In this area, which occurs in shallow water, the 177 dB re 1 microPa2 sec behavioral disturbance criteria dominates over the 23 psi criteria
and therefore was used in the analysis.
The ZOI, when multiplied by the
animal densities and the total number of
events (Table 6), provides the exposure
estimates for that animal species for the
nominal exercise case of 39 5–in
explosive rounds. The potential effects
would occur within a series of small
effect areas associated with the precalibration rounds and missions spread
out over a period of several hours.
Additionally, target locations are
changed from event to event and
because of the time lag between events,
it is highly unlikely, even if a marine
mammal were present (not accounting
for mitigation), that the marine mammal
would be within the small exposure
zone for more than one event.
FIREX (with IMPASS) is restricted to
one location in the JAX Range Complex.
In addition to other mitigation
measures, dedicated lookouts would be
onboard the ship monitors the target
area for marine mammals before the
exercise, during the deployment of the
IMPASS array, and during the return to
firing position. Ships will not fire on the
target until the area is cleared and will
suspend the exercise if any marine
mammals enter the buffer area.
Additionally, naval guns would only be
fired in an easterly direction, away from
the North Atlantic right whale critical
habitat and the associated area of
concern, thereby reducing potential
exposures to this critically endangered
species. Due to safety reasons, the buffer
zone must remain clear of all types of
platforms. During the actual firing of the
weapon, the participants involved must
be able to observe the intended
ordnance impact area to ensure the area
is free of range transients, however, this
observation would be conducted from
the firing position or other safe distance.
Due to the distance between the firing
position and the buffer zone, lookouts
are only expected to visually detect
breaching whales, whale blows, and
large pods of dolphins and porpoises.
Implementation of mitigation measures
like these reduce the likelihood of
exposure and potential effects in the
ZOI.
2. MINEX
The Comprehensive Acoustic System
Simulation/Gaussian Ray Bundle
(OAML, 2002) model, modified to
account for impulse response, shockwave waveform, and nonlinear shockwave effects, was run for acousticenvironmental conditions derived from
the Oceanographic and Atmospheric
Master Library (OAML) standard
databases. The explosive source was
modeled with standard similitude
formulas, as in the Churchill FEIS.
Because all the sites are shallow (less
than 50 m), propagation model runs
were made for bathymetry in the range
from 10 m to 40 m.
Estimated ZOIs varied as much within
a single area as from one area to another,
which had been the case for the Virtual
At Sea Training/IMPASS (DoN, 2003).
There was, however, little seasonal
dependence. As a result, the ZOIs are
stated as mean values with a percentage
variation. Generally, in the case of
ranges determined from energy metrics,
as the depth of water increases, the
range shortens. The single explosion
TTS-energy criterion (182 dB re 1
microPa2–sec) was dominant over the
pressure criteria and therefore used to
determine the ZOI for the Level B
exposure analysis. Table 8 shows the
ZOI results of the model estimation.
The total ZOI, when multiplied by the
animal densities and total number of
events (Table 5), provides the exposure
estimates for that animal species for
each specified charge. Because of the
time lag between detonations, it is
highly unlikely, even if a marine
mammal were present (not accounting
for mitigation), that the marine mammal
would be within the small exposure
zone for more than one detonation. The
underwater detonations are restricted to
two boxes (Undet North, Undet South)
designated in a Biological Opinion
issued by NMFS located approximately
5 - 30 km (3.1 - 18.6 mi) offshore from
Charleston, South Carolina. In addition
to other mitigation measures (see
Proposed Mitigation Measures section
below), observers will survey the target
area for marine mammals and sea turtles
for 30 minutes prior through 30 minutes
post detonation. Detonations will be
suspended if a marine mammal enters
the Zone of Influence and will only
restart after the area has been clear for
a full 30 minutes. Implementation of
mitigation measures like these reduce
the likelihood of exposure and potential
effects in the ZOI.
TABLE 8. ESTIMATED ZOIS (KM2) FOR MINEX
ZOIs
Threshold
5-lb shot
20-lb shot
Level A ZOI @ 13 psi
0.03
± 10%
0.13 km2 ± 10%
Level B ZOI @ 182 dB re 1 microPa2-sec
0.2 km2 ± 25%
0.8 km2 ± 25%
pwalker on PROD1PC71 with PROPOSALS
3. MISSILEX (Hellfire and Maverick)
Modeling was completed for two of
the explosive missiles involved in
MISSILEX, each assumed detonation at
1–m (3.3 ft) depth. The NEW used in
simulations of the Hellfire and Maverick
missiles are 8 lbs and 80 lbs,
respectively. The single explosion TTSenergy criterion (182 dB re 1 microPa2–
sec) was used to determine the ZOI for
the Level B exposure analysis. Table 9
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
km2
shows the ZOI results of the model
estimation. The total ZOI, when
multiplied by the animal densities and
total number of events (Table 6),
provides the exposure estimates for that
animal species for each specified
missile. Because of the time lag between
detonations, it is highly unlikely, even
if a marine mammal were present (not
accounting for mitigation), that the
marine mammal would be within the
small exposure zone for more than one
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
detonation. MISSILEX is only
conducted in one area, the Missile Laser
Training Area (MLTR) in the JAX Range
Complex. Ships will not fire on the
target until the area is clear of marine
mammals, and will suspend the exercise
if any enter the buffer area.
Implementation of mitigation measures
like these reduce the likelihood of
exposure and potential effects in the
ZOI.
E:\FR\FM\17DEP1.SGM
17DEP1
76588
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
TABLE 9. ESTIMATED ZOIS (KM2) FOR MISSILEX
Area
Ordnance
@ 182 dB re 1 microPa2-s Level B
ZOI or 23 psi
@ 205 dB re 1 microPa2-s Level A
ZOI or 13 psi
Mortality ZOI @ 30.5 psi
Win
MLTR
MLTR
Hellfire
Maverick
Spr
Sum
Fall
Win
Spr
Sum
Fall
Win
Spr
Sum
Fall
0.89
0.91
0.73
0.91
0.64
0.79
0.73
0.91
0.02
0.11
0.02
0.07
0.02
0.07
0.02
0.11
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
<0.01
4. Small Arms Training – Explosive
hand grenades
A quantitative analysis was
conducted for MK3A2 anti-swimmer
concussion grenades. A very low NEW
(0.5–lb) is associated with this
ordnance. In a previous Biological
Opinion, the NMFS calculated the
potential range within which sea turtles
may be affected based on equations
presented in Young (1991). The result
was a ‘‘safe range’’ designed for zero
injury to species within the calculated
range. Equations specific to marine
mammals, as presented in Young (1991),
are as follows:
Adult porpoise – RAP = 434 WE0.28
20 ft. whale – RW = 327 WE0.28
(R = range in feet, WE = weight of
explosive in pounds)
For an adult porpoise, the ‘‘safe
range’’ is 114 yards (104 m); for a large
whale (20 ft), the safe range is 86 yards
(79 m). The ‘‘safe range’’ for an adult
porpoise was used as a representative
ZOI for marine mammals. The ZOI will
be visually monitored during operations
for all marine mammal species.
Summary of Potential Exposures from
Explosive Ordnance Use
Explosions that occur in the OPAREA
are associated with training exercises
that use explosive ordnance, which
include missiles (MISSILEX), 5–in.
explosive naval gun shells with IMPASS
(FIREX), underwater detonations
associated with Mine Neutralization
training (MINEX), and hand grenades
associated with small arms training.
Explosive ordnance use is limited to
specific training areas.
(1) MISSILEX, MINEX, and FIREX
An explosive analysis was conducted
to estimate the number of marine
mammals that could be exposed to
impacts from explosions. Table 10
provides a summary of the explosive
analysis results. Exposure estimates
could not be calculated for several
species (blue whale, sei whale, Bryde’s
whale, killer whale, pygmy killer whale,
false killer whale, melon-headed whale,
spinner dolphin, Fraser’s dolphin,
Atlantic white-sided dolphin, and
harbor porpoise) because density data
could not be calculated due to the
limited available data for these species;
however, the likelihood of exposure for
species not expected to occur in the JAX
Range Complex should be even lower
than that estimated for species with
occurrence frequent enough for
densities to be calculated. In addition to
the low likelihood of exposure, the
mitigation measures presented below in
this document would be implemented
thus the level of impacts would be less
than expected. Since the blue whale, sei
whale, Bryde’s whale, killer whale,
pygmy killer whale, false killer whale,
melon-headed whale, spinner dolphin,
Fraser’s dolphin, Atlantic white-sided
dolphin, and harbour porpoise are
considered rare in the Jacksonville
Range Complex, no exposures are
expected for these species. Fin,
humpback whales, and sperm whales
will have high detections rates at the
surface because of their large body size
and pronounced blows. Because of large
group sizes, it is likely that lookouts
would detect Atlantic spotted dolphins,
bottlenose dolphins, Clymene dolphins,
common dolphins, pantropical spotted
dolphins, Risso’s dolphins, roughtoothed dolphins, and striped dolphins.
Implementation of mitigation measures
will reduce the likelihood of exposure
and potential effects.
TABLE 10. SUMMARY OF POTENTIAL EXPOSURES FROM EXPLOSIVE ORDNANCE (PER YEAR) FOR MARINE MAMMALS IN THE
JAX RANGE COMPLEX
Potential Exposures @
177 dB re 1 microPa2s (multiple detonations
only)
Potential Exposures @
182 dB re 1 microPa2s or 23 psi
Potential Exposures @
205 dB re 1 microPa2s or 13 psi
Potential Exposures @
30.5 psi
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
0
0
0
0
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
0
0
0
0
Species/Training Operation
Fin whale
pwalker on PROD1PC71 with PROPOSALS
Humpback whale
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
E:\FR\FM\17DEP1.SGM
17DEP1
76589
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
TABLE 10. SUMMARY OF POTENTIAL EXPOSURES FROM EXPLOSIVE ORDNANCE (PER YEAR) FOR MARINE MAMMALS IN THE
JAX RANGE COMPLEX—Continued
Potential Exposures @
177 dB re 1 microPa2s (multiple detonations
only)
Potential Exposures @
182 dB re 1 microPa2s or 23 psi
Potential Exposures @
205 dB re 1 microPa2s or 13 psi
Potential Exposures @
30.5 psi
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
0
0
0
0
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
0
0
0
0
MISSILEX training
NA
31
1
0
FIREX training
23
NA
1
0
MINEX training
NA
0
0
0
Total Exposures
23
33
2
0
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
0
0
0
0
MISSILEX training
NA
3
0
0
FIREX training
10
NA
0
0
MINEX training
NA
2
0
0
Total Exposures
10
5
0
0
MISSILEX training
NA
1
0
0
FIREX training
1
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
1
1
0
0
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
0
0
0
0
Species/Training Operation
North Atlantic right whale
Sperm whale
Atlantic Spotted dolphin
Beaked whale
Bottlenose dolphin
Clymene dolphin
pwalker on PROD1PC71 with PROPOSALS
Common dolphin
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
E:\FR\FM\17DEP1.SGM
17DEP1
76590
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
TABLE 10. SUMMARY OF POTENTIAL EXPOSURES FROM EXPLOSIVE ORDNANCE (PER YEAR) FOR MARINE MAMMALS IN THE
JAX RANGE COMPLEX—Continued
Potential Exposures @
177 dB re 1 microPa2s (multiple detonations
only)
Potential Exposures @
182 dB re 1 microPa2s or 23 psi
Potential Exposures @
205 dB re 1 microPa2s or 13 psi
Potential Exposures @
30.5 psi
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
0
0
0
0
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
0
0
0
0
MISSILEX training
NA
1
0
0
FIREX training
1
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
1
1
0
0
MISSILEX training
NA
0
0
0
FIREX training
1
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
1
0
0
0
MISSILEX training
NA
0
0
0
FIREX training
3
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
3
0
0
0
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Total Exposures
0
0
0
0
MISSILEX training
NA
0
0
0
FIREX training
0
NA
0
0
MINEX training
NA
0
0
0
Species/Training Operation
Kogia spp.
Minke whale
Pantropical spotted dolphin
Pilot whales
Risso’s dolphin
Rough-toothed dolphin
pwalker on PROD1PC71 with PROPOSALS
Striped dolphin
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
E:\FR\FM\17DEP1.SGM
17DEP1
76591
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
TABLE 10. SUMMARY OF POTENTIAL EXPOSURES FROM EXPLOSIVE ORDNANCE (PER YEAR) FOR MARINE MAMMALS IN THE
JAX RANGE COMPLEX—Continued
Species/Training Operation
Potential Exposures @
177 dB re 1 microPa2s (multiple detonations
only)
Potential Exposures @
182 dB re 1 microPa2s or 23 psi
Potential Exposures @
205 dB re 1 microPa2s or 13 psi
Potential Exposures @
30.5 psi
Total Exposures
0
0
0
0
Note: Events were either modeled for 177 dB re 1 microPa2 sec due to multiple detonations (MISSILEX and FIREX) or modeled for 182 dB re
1 microPa2 sec or 23 psi due to single detonations (MISSILEX and MINEX). Therefore, for FIREX the NA refers to the criteria that were less
dominant and therefore not used in the analysis. For MISSILEX and MINEX the NA refers to the fact that these events are not multiple detonations and therefore not modeled at 177 dB re 1 microPa2 sec.
(2) Small Arms Training – Explosive
hand grenades
A quantitative explosive analysis was
conducted to estimate the exposure of
marine mammals to impacts from
ordnance use associated with small
arms training. The explosive ordnance
used in small arms training includes the
MK3A2 anti-swimmer concussion
grenades. A very low NEW (0.5–lbs) is
associated with this ordnance. These
detonations occur in the very shallow
waters (< 30 m, or 98 ft) of the UNDET
North and South boxes and detonate at
a depth of no greater than 3 m (9.8 ft).
Most of the marine mammal species that
may occur in the JAX Range Complex
are known to occur in waters with
depths of less than 30 m (98 ft).
Using the 114 yd (104 m) ‘‘safe range’’
calculated for the MK3A2 anti-swimmer
concussion grenades as a representative
ZOI (0.034 km2), potential exposures
were calculated. No exposures for any
marine mammal species were estimated.
For all marine mammal species, small
arms training exercises are not expected
to result in Level A or Level B
harassment as defined by the MMPA
and therefore will not likely affect
annual rates of recruitment or survival
of the species. Furthermore, the
mitigation measures described in later
in this document are designed to reduce
exposure of marine mammals to
potential impacts to achieve the least
practicable adverse effect on marine
mammal species or populations.
VI. Potential Effects of Exposures to
Explosives
Effects from exposure to explosives
vary depending on the level of
exposure.
Animals exposed to levels that
constitute MMPA Level B harassment
may experience a behavioral disruption
from the use of explosive ordnance.
Behavioral responses can include
shorter surfacings, shorter dives, fewer
blows per surfacing, longer intervals
between blows (breaths), ceasing or
increasing vocalizations, shortening or
lengthening vocalizations, and changing
frequency or intensity of vocalizations
(NRC, 2005). However, it is not known
how these responses relate to significant
effects (e.g., long-term effects or
population consequences) (NRC, 2005).
In addition, animals exposed to levels
that constitute MMPA Level B
harassment may experience a temporary
threshold shift (TTS), which may result
in a slight, recoverable loss of hearing
sensitivity (DoN, 2001).
Exposures that reach Level A
harassment may result in long-term
injuries such as permanent threshold
shift (PTS). The resulting injuries may
limit an animal’s ability to find food,
communicate with other animals, and/
or interpret the environment around
them. Impairment of these abilities can
decrease an individual’s chance of
survival or impact their ability to
successfully reproduce. Level A
harassment will have a long-term
impact on an exposed individual.
Mortality of an animal would remove
the animal entirely from the population
as well as eliminate any future
reproductive potential.
Based on best available science,
NMFS preliminarily concludes that
takes due to explosive ordnance and
underwater detonations would result in
only short-term effects to most
individuals exposed and would likely
not affect annual rates of recruitment or
survival of the species. The mitigation
measures presented below would
further reduce the potential for
exposures, and there would be no
mortality of marine mammals from the
proposed training activities. Table 11
provides a list of potential takes of
marine mammal species as a result of
the proposed JAX Range Complex
training activities.
TABLE 11. SUMMARY OF POTENTIAL TAKES FROM EXPLOSIVE ORDNANCE (PER YEAR) FOR MARINE MAMMALS IN THE JAX
RANGE COMPLEX
Level B harassment
Level A harassment
Mortality
Atlantic spotted dolphin
56
2
0
Bottlenose dolphin
15
0
0
Clymene dolphin
2
0
0
Pantropical spotted dolphin
2
0
0
Pilot whale
pwalker on PROD1PC71 with PROPOSALS
Species
1
0
0
Risso’s dolphin
3
0
0
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
E:\FR\FM\17DEP1.SGM
17DEP1
76592
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
Proposed Mitigation Measures
pwalker on PROD1PC71 with PROPOSALS
General Maritime Measures
The mitigation measures presented
below would be taken by Navy
personnel on a regular and routine
basis. These are routine measures and
are considered ‘‘Standard Operating
Procedures.≥
I. Personnel Training – Lookouts
The use of shipboard lookouts is a
critical component of all Navy standard
operating procedures. Navy shipboard
lookouts (also referred to as
‘‘watchstanders’’) are qualified and
experienced observers of the marine
environment. Their duties require that
they report all objects sighted in the
water to the Officer of the Deck (OOD)
(e.g., trash, a periscope, marine
mammals, sea turtles) and all
disturbances (e.g., surface disturbance,
discoloration) that may be indicative of
a threat to the vessel and its crew. There
are personnel serving as lookouts on
station at all times (day and night) when
a ship or surfaced submarine is moving
through the water.
For the past few years, the Navy has
implemented marine mammal spotter
training for its bridge lookout personnel
on ships and submarines. This training
has been revamped and updated as the
Marine Species Awareness Training
(MSAT) and is provided to all
applicable units. The lookout training
program incorporates MSAT, which
addresses the lookout’s role in
environmental protection, laws
governing the protection of marine
species, Navy stewardship
commitments, and general observation
information, including more detailed
information for spotting marine
mammals. MSAT has been reviewed by
NMFS and acknowledged as suitable
training. MSAT may also be viewed online at https://portal.navfac.navy.mil/
go/msat
1. All bridge personnel, Commanding
Officers, Executive Officers, officers
standing watch on the bridge, maritime
patrol aircraft aircrews, and Mine
Warfare (MIW) helicopter crews will
complete MSAT.
2. Navy lookouts would undertake
extensive training to qualify as a
watchstander in accordance with the
Lookout Training Handbook
(NAVEDTRA 12968–D).
3. Lookout training will include onthe-job instruction under the
supervision of a qualified, experienced
watchstander. Following successful
completion of this supervised training
period, lookouts will complete the
Personal Qualification Standard
Program, certifying that they have
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
demonstrated the necessary skills (such
as detection and reporting of partially
submerged objects).
4. Lookouts will be trained in the
most effective means to ensure quick
and effective communication within the
command structure to facilitate
implementation of protective measures
if marine species are spotted.
5. Surface lookouts would scan the
water from the ship to the horizon and
be responsible for all contacts in their
sector. In searching the assigned sector,
the lookout would always start at the
forward part of the sector and search aft
(toward the back). To search and scan,
the lookout would hold the binoculars
steady so the horizon is in the top third
of the field of vision and direct the eyes
just below the horizon. The lookout
would scan for approximately five
seconds in as many small steps as
possible across the field seen through
the binoculars. They would search the
entire sector in approximately fivedegree steps, pausing between steps for
approximately five seconds to scan the
field of view. At the end of the sector
search, the glasses would be lowered to
allow the eyes to rest for a few seconds,
and then the lookout would search back
across the sector with the naked eye.
6. At night, lookouts would not sweep
the horizon with their eyes, because
eyes do not see well when they are
moving. Lookouts would scan the
horizon in a series of movements that
would allow their eyes to come to
periodic rests as they scan the sector.
When visually searching at night, they
would look a little to one side and out
of the corners of their eyes, paying
attention to the things on the outer
edges of their field of vision. Lookouts
will also have night vision devices
available for use.
II. Operating Procedures and Collision
Avoidance
1. Prior to major exercises, a Letter of
Instruction, Mitigation Measures
Message or Environmental Annex to the
Operational Order will be issued to
further disseminate the personnel
training requirement and general marine
species mitigation measures.
2. Commanding Officers will make
use of marine species detection cues
and information to limit interaction
with marine species to the maximum
extent possible consistent with safety of
the ship.
3. While underway, surface vessels
will have at least two lookouts with
binoculars; surfaced submarines will
have at least one lookout with
binoculars. Lookouts already posted for
safety of navigation and man-overboard
precautions may be used to fill this
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
requirement. As part of their regular
duties, lookouts will watch for and
report to the OOD the presence of
marine mammals.
4. Personnel on lookout will employ
visual search procedures employing a
scanning method in accordance with the
Lookout Training Handbook
(NAVEDTRA 12968–D).
5. After sunset and prior to sunrise,
lookouts will employ Night Lookouts
Techniques in accordance with the
Lookout Training Handbook
(NAVEDTRA 12968–D).
6. While in transit, naval vessels will
be alert at all times, use extreme
caution, and proceed at a ‘‘safe speed’’
so that the vessel can take proper and
effective action to avoid a collision with
any marine animal and can be stopped
within a distance appropriate to the
prevailing circumstances and
conditions.
7. When whales have been sighted in
the area, Navy vessels will increase
vigilance and shall implement measures
to avoid collisions with marine
mammals and avoid activities that
might result in close interaction of naval
assets and marine mammals. Actions
shall include changing speed and/or
direction and are dictated by
environmental and other conditions
(e.g., safety, weather).
8. Naval vessels will maneuver to
keep at least 500 yds (460 m) away from
any observed whale and avoid
approaching whales head-on. This
requirement does not apply if a vessel’s
safety is threatened, such as when
change of course will create an
imminent and serious threat to a person,
vessel, or aircraft, and to the extent
vessels are restricted in their ability to
maneuver. Restricted maneuverability
includes, but is not limited to, situations
when vessels are engaged in dredging,
submerged operations, launching and
recovering aircraft or landing craft,
minesweeping operations,
replenishment while underway and
towing operations that severely restrict
a vessel’s ability to deviate course.
Vessels will take reasonable steps to
alert other vessels in the vicinity of the
whale.
9. Where feasible and consistent with
mission and safety, vessels will avoid
closing to within 200–yd (183 m) of
marine mammals other than whales
(whales addressed above).
10. Floating weeds, algal mats,
Sargassum rafts, clusters of seabirds,
and jellyfish are good indicators of
marine mammals. Therefore, increased
vigilance in watching for marine
mammals will be taken where these are
present.
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
11. Navy aircraft participating in
exercises at sea will conduct and
maintain, when operationally feasible
and safe, surveillance for marine species
of concern as long as it does not violate
safety constraints or interfere with the
accomplishment of primary operational
duties. Marine mammal detections will
be immediately reported to assigned
Aircraft Control Unit for further
dissemination to ships in the vicinity of
the marine species as appropriate where
it is reasonable to conclude that the
course of the ship will likely result in
a closing of the distance to the detected
marine mammal.
12. All vessels will maintain logs and
records documenting training
operations should they be required for
event reconstruction purposes. Logs and
records will be kept for a period of 30
days following completion of a major
training exercise.
Coordination and Reporting
Requirements
The Navy will coordinate with the
local NMFS Stranding Coordinator for
any unusual marine mammal behavior
and any stranding, beached live/dead,
or floating marine mammals that may
occur at any time during or within 24
hours after completion of training
activities. Additionally, the Navy will
follow internal chain of command
reporting procedures as promulgated
through Navy instructions and orders.
Mitigation Measures Applicable to
Vessel Transits in the Mid-Atlantic
during North Atlantic Right Whale
Migration
For purposes of these measures, the
mid-Atlantic is defined broadly to
include ports south and east of Block
Island Sound southward to South
Carolina. The procedure described
below would be established as
mitigation measures for Navy vessel
transits during Atlantic right whale
migratory seasons near ports located off
the western North Atlantic, offshore of
the eastern United States. The
mitigation measures would apply to all
Navy vessel transits, including those
vessels that would transit to and from
East Coast ports and OPAREAs.
Seasonal migration of right whales is
generally described by NMFS as
occuring from October 15th through
76593
April 30th, when right whales migrate
between feeding grounds farther north
and calving grounds farther south. The
Navy mitigation measures have been
established in accordance with rolling
dates identified by NMFS consistent
with these seasonal patterns.
NMFS has identifed ports located in
the western Atlantic Ocean, offshore of
the southeastern United States, where
vessel transit during right whale
migration is of highest concern for
potential ship strike. The ports include
the Hampton Roads entrance to the
Chesapeake Bay, which includes the
concentration of Atlantic Fleet vessels
in Norfolk, Virginia. Navy vessels are
required to use extreme caution and
operate at a slow, safe speed consistent
with mission and safety during the
months indicated in Table 12 below and
within a 20 nm (37 km) arc (except as
noted) of the specified reference points.
During the indicated months, Navy
vessels would practice increased
vigilance with respect to avoidance of
vessel-whale interactions along the midAtlantic coast, including transits to and
from any mid-Atlantic ports not
specifically identified above.
TABLE 12. NORTH ATLANTIC RIGHT WHALE MIGRATION PORT REFERENCES
Region
Months
Port Reference Points
Sep-Oct and Mar-Apr
37 km (20 nm) seaward of line 41°4.49 N,
71°51.15 W and 41°18.58 N, 70°50.23 W
New York/New Jersey
Sep-Oct and Feb-Apr
40°30.64 N, 73°57.76 W
Delaware Bay (Philadelphia)
Oct-Dec and Feb-Mar
38°52.13 N, 75°01.93 W
Chesapeake Bay
(Hampton Roads and Baltimore)
Nov-Dec and Feb-Apr
37°01.11 N, 75°57.56 W
North Carolina
Dec-Apr
34°41.54 N, 76°40.20 W
South Carolina
pwalker on PROD1PC71 with PROPOSALS
South and East of Block Island
Oct-Apr
33°11.84 N, 79°08.99 W and 32°43.39 N,
79°48.72 W
I. Additional Mitigation Measures in the
SE Region
During North Atlantic right whale
calving season, FACSFAC JAX provides
an information resource through the
right whale sightings clearinghouse.
During calving season and within the
consultation area (roughly an area to 80
nm seaward from Charleston, South
Carolina, south to Sebastian Inlet,
Florida) particular measures are in effect
in accordance with the NMFS Biological
Opinion issued in 1997 (NMFS, 1997).
The coastal waters off the Southeast
United States (SEUS) support the only
known calving ground for the North
Atlantic right whale (NARW). In 2006,
the Navy, U.S. Coast Guard (USCG),
U.S. Army Corps of Engineers (USACE),
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
and NMFS entered into a Memorandum
of Agreement pursuant to the
Endangered Species Act. The Early
Warning System (EWS) is a result of that
agreement and is a collaborative effort
which involves comprehensive aerial
surveys conducted daily, weather
permitting, during the North Atlantic
Right Whale calving season. East/west
transects are flown from shoreline to
approximately 30–35 nm offshore.
Aerial surveys are conducted to locate
NARW and provide whale detection and
reporting information to mariners in the
NARW calving ground in an effort to
avoid collisions with these endangered
species. When a NARW is sighted,
information from the aerial survey
aircraft is passed to a ground contact.
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
The ground contact e-mails the sighting
information to a wide network
distribution which includes Fleet Area
Control and Surveillance Jacksonville
(FACSFAC JAX), the USCG, the USACE
and non-profit and commercial
interests. In addition, the ground
contact will follow up with a call to
FACSFAC JAX to provide additional
information if required. FACSFAC JAX
records this valuable information and
disseminates to all navy vessels and
aircraft operating in the consultation
area through the Secret Internet Protocol
Router Network (SIPRNET) system.
General sighting information and
reporting procedures are broadcasted
over the following methods: the NOAA
weather radio; USCG NAVTEX system
E:\FR\FM\17DEP1.SGM
17DEP1
76594
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
pwalker on PROD1PC71 with PROPOSALS
and a Broadcast Notice to Mariners over
VHF marine-band radio channel 16. The
EWS is a wide communication effort to
ensure all vessels are aware of the most
recent right whale sightings as an
avoidance measure.
II. Measures Applicable to the
‘‘Consultation Area’’ in the JAX/CHASN
OPAREAs during North Atlantic Right
Whale Calving Season
The following measures from the
NMFS Biological Opinion issued in
1997 (NMFS, 1997) will be
implemented:
1. Naval vessels operating within
North Atlantic right whale critical
habitat and the Associated Area of
Concern (AAOC) will exercise extreme
caution and use slow safe speed, that is,
the slowest speed that is consistent with
essential mission, training, and
operations.
2. Exercise extreme caution and use
slow, safe speed when a whale is
sighted by a vessel or when the vessel
is within 5 nm of a reported new
sighting less than 12 hours old.
3. Circumstances could arise where,
in order to avoid North Atlantic right
whale(s), speed reductions could mean
vessels must reduce speed to a
minimum at which it can safety keep on
course (bare steerageway) or vessels
could come to an all stop.
4. During the North Atlantic right
whale calving season north-south
transits through the critical habitat are
prohibited, except for those exercises
that necessarily operate at a slow, safe
speed. Naval vessel transits through the
area shall be in an east-west direction,
and shall use the most direct route
available during the calving season.
5. Naval vessel operations in the
North Atlantic right whale critical
habitat and AAOC during the calving
season will be undertaken during
daylight and periods of good visibility,
to the extent practicable and consistent
with mission, training, and operation.
When operating in the critical habitat
and AAOC at night or during periods of
poor visibility, vessels will operate as if
in the vicinity of a recently reported
NARW sighting.
6. Command, Control and
Communication.
• FACSFAC JAX shall coordinate
ship/aircraft clearance into the
operating area based on prevailing
conditions, including water
temperature, weather conditions, whale
sighting data, mission or event to be
conducted and other pertinent
information. Commander Submarine
Atlantic (COMSUBLANT) will
coordinate any submarine operations
that may require clearance with
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
FACSFAC JAX. FASFAC JAX will
provide data to ships and aircraft,
including USCG if requested, and will
recommend modifying, moving or
canceling events as needed to prevent
whale encounters. Commander
Submarine Group Ten (COMSUBGRU
TEN) will provide same information/
guidance to subs.
• Prior to transiting or training in the
critical habitat ships will contact
FASFAC JAX to obtain latest whale
sighting and other information needed
to make informed decisions regarding
safe speed and path of intended
movement. Subs shall contact
COMSUBGRU TEN for similar
information. Ships and aircraft desiring
to train/operate inside the critical
habitat or within the warning/operating
area shall coordinate clearance with
FASFAC JAX. Subs shall obtain same
clearance from CTF–82
(COMSUBLANT).
• FACSFAC JAX will coordinate local
procedures for whale data entry, update,
retrieval and dissemination using joint
maritime command information system.
Ships not yet Officer in Tactical
Command Information Exchange
subsystem capable, including USCG,
will communicate via satellite
communication, telephone system or
international marine/maritime satellite.
7. The only type of exercise that may
be conducted inside the critical habitat
and AAOC in calving season is
precision anchorage drills and swept
channel exercises. In addition, use of
the Shipboard Electronic System
Evaluation Facility range is authorized
with clearance and advice from
FACSFAC JAX.
Proposed Mitigation Measures for
Specific At-sea Training Events
These actions are standard operating
procedures that are in place currently
and will be used in the future for all
activities being analyzed in this LOA
request.
I. Firing Exercise (FIREX) Using the
Integrated Maritime Portable Acoustic
Scoring System (IMPASS) (5–in
Explosive Rounds)
In accordance with the NMFS
Biological Opinion issued in 1997
(NMFS, 1997), the Navy has been
conducting FIREX using IMPASS in one
location in the JAX Study Area: Areas
AA, BB and CC (see Figure 1 of the LOA
application), which are adjacent to one
another. Under the Biological Opinion,
explosive ordnance could be used only
in Areas BB and CC during non-North
Atlantic right whale calving season.
Recent explosive and non-explosive
ordnance exposure analysis concluded
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
there is no seasonal difference in
exposure for the North Atlantic right
whale between any of the gunnery boxes
because there is no difference in
densities between these areas; therefore,
the restriction on the use of Area AA is
unnecessary during calving season.
Regardless, under the preferred
alternative Area AA would continue to
be restricted to avoid proximity to North
Atlantic right whale critical habitat.
This restriction is operationally feasible
because the additional steaming time
from the homeport of ships conducting
FIREX with IMPASS (e.g. Naval Station
Mayport, Florida) is not significantly
greater than the steaming time required
to reach Area AA. Further, surface ships
conducting FIREX using IMPASS do not
have strict distance from land
restrictions like those imposed on
aircraft that embark from shore-based
facilities.
The following measures would be
implemented for FIREX using IMPASS:
1. This activity would only occur in
Areas BB and CC.
2. During North Atlantic right whale
calving season no explosive ordnance
will be used.
3. Pre-exercise monitoring of the
target area will be conducted with ‘‘Big
Eyes’’ prior to the event, during
deployment of the IMPASS sonobuoy
array, and during return to the firing
position. Ships would maintain a
lookout dedicated to visually searching
for marine mammals and sea turtles 180
along the ship track line and 360 at each
buoy drop-off location.
4. ‘‘Big Eyes’’ on the ship will be used
to monitor a 600 yard (548 m) buffer
zone for marine mammals during navalgunfire events. Due to the distance
between the firing position and the
buffer zone, lookouts are only expected
to visually detect breaching whales,
whale blows, and large pods of dolphins
and porpoises.
5. Ships will not fire on the target if
marine mammals are detected within or
approaching the 600 yd (548 m) buffer
zone until the area is cleared. If marine
mammals are present, operations would
be suspended. Visual observation will
occur for approximately 45 minutes, or
until the animal has been observed to
have cleared the area and is heading
away from the buffer zone.
6. Post-exercise monitoring of the
entire effect range will take place with
‘‘Big Eyes’’ and the naked eye during the
retrieval of the IMPASS sonobuoy array
following each firing exercise.
7. FIREX with IMPASS will take place
during daylight hours only.
8. FIREX with IMPASS will only be
used in Beaufort Sea State three (3) or
less.
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
9. The visibility must be such that the
fall of shot is visible from the firing ship
during the exercise.
10. No firing will occur if marine
mammals are detected within 70 yards
(64 m) of the vessel.
pwalker on PROD1PC71 with PROPOSALS
II. Air-to-Surface Missile Exercises
(Explosives)
Historically, this activity occurs in the
Missile Laser Training Range (MLTR) in
the JAX Study Area. This location was
established to be far enough from shore
to reduce civilian encounters (e.g.,
diving and recreational fishing), while
remaining within 60 nm from shorebased facilities (the established flight
distance restriction for helicopters
during unit level training events).
The following measures will be
implemented:
1. This activity will only occur in the
Missile Laser Training Range (MLTR).
2. Aircraft will visually survey the
target area for marine mammals. Visual
inspection of the target area will be
made by flying at 1,500 ft (457 m)
altitude or lower, if safe to do so, and
at slowest safe speed. Firing or range
clearance aircraft must be able to
actually see ordnance impact areas.
Explosive ordnance shall not be targeted
to impact within 1,800 yards (1,646 m)
of sighted marine mammals.
III. Mine Neutralization Training
Involving Underwater Detonations (up
to and including 20–lb charges)
Mine neutralization involving
underwater detonations occurs in
shallow water (0 - 120 ft, or 0 - 36 m)
and is executed by divers using SCUBA.
NMFS issued a Biological Opinion (BO)
in 2002 for UNDETs of up to 20–lbs
explosive charges related to MINEX
training (NMFS, 2002). This activity
will occur in two locations: Undet North
(10L) and Undet South (12I). These
locations are offshore from Naval
Weapons Station Charleston, South
Carolina, a restricted-access Naval
Installation. These locations have low
bathymetric relief and a sand-silt
bottom.
These exercises utilize small boats
that deploy from shore based facilities.
Often times these small boats are rigidhulled inflatable boats, which are
designed for shallow water and have
limited seaworthiness necessitating a
nearshore location. The exercise is a
one-day event that occurs only during
daylight hours; therefore, the distance
from shore is limited.
1. Underwater detonations are
restricted to Undet North and Undet
South. These sites are located in the
Charleston/JAX OPAREAs offshore of
Charleston, South Carolina.
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
2. Observers will survey the buffer
zone, a 700 yds (640 m) radius from
detonation location, for marine
mammals and sea turtles from all
participating vessels during the entire
operation. A survey of the buffer zone
(minimum of three parallel tracklines
219 yds (200 m) apart using support
craft will be conducted at the detonation
location 30 minutes prior through 30
minutes post detonation. During late
July through October, an additional
surface observer will be added to more
carefully look for hatchling turtles in the
buffer zone. Aerial survey support will
be utilized whenever assets are
available.
3. Detonation operations will be
conducted during daylight hours only.
4. If a marine mammal is sighted
within the buffer zone, the animal will
be allowed to leave of its own volition.
The Navy will suspend detonation
exercises and ensure the area is clear for
a full 30 minutes prior to detonation.
5. Divers placing the charges on mines
and dive support vessel personnel will
survey the area for marine mammals
and will report any sightings to the
surface observers. These animals will be
allowed to leave of their own volition
and the buffer zone will be clear for 30
minutes prior to detonation.
6. No detonations will take place
within 3.2 nm (5.93 km) of an estuarine
inlet (e.g., Charleston Harbor).
7. No detonations will take place
within 1.6 nm (2.96 km) of shoreline.
8. No detonations will take place
within 1,000 ft (305 m) of any known
artificial reef, shipwreck, or live hardbottom community.
9. Personnel will record any protected
species observations during the exercise
as well as measures taken if species are
detected within the buffer zone.
IV. Small Arms Training – Explosive
hand grenades (such as the MK3A2
grenades)
1. Lookouts will visually survey for
floating weeds, algal mats, Sargassum
rafts, marine mammals, and sea turtles.
2. A 200 yd (182 m) radius buffer zone
will be established around the intended
target. The exercises will be conducted
only if the buffer zone is clear of sighted
marine mammals.
Adaptive Management
The final regulations governing the
take of marine mammals incidental to
Navy training exercises in JAX Range
Complex will contain an adaptive
management component. The use of
adaptive management will give NMFS
the ability to consider new data from
different sources to determine (in
coordination with the Navy), on an
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
76595
annual basis, if new or modified
mitigation or monitoring measures are
appropriate for subsequent annual
LOAs. Following are some of the
possible sources of applicable data:
• Results from the Navy’s monitoring
from the previous year (either from JAX
or other locations)
• Compiled results of Navy funded
research and development (R&D) studies
(presented pursuant to the ICMP, which
is discussed elsewhere in this
document)
• Results from general marine
mammal and sound research (funded by
the Navy (described below) or
otherwise)
Mitigation measures could be
modified or added if new data suggests
that such modifications would have a
reasonable likelihood of accomplishing
the goals of mitigation laid out in this
proposed rule and if the measures are
practicable. NMFS would also
coordinate with the Navy to modify or
add to the existing monitoring
requirements if the new data suggest
that the addition of a particular measure
would more effectively accomplish the
goals of monitoring laid out in this
proposed rule. The reporting
requirements associated with this rule
are designed to provide NMFS with
monitoring data from the previous year
to allow NMFS to consider the data in
issuing annual LOAs. NMFS and the
Navy will meet annually prior to LOA
issuance to discuss the monitoring
reports, Navy R&D developments, and
current science and whether mitigation
or monitoring modifications are
appropriate.
Monitoring and Reporting Measures
The Navy would be required to
cooperate with the NMFS, and any other
Federal, state or local agency monitoring
the impacts of the activity on marine
mammals.
The Navy must notify NMFS
immediately (or as soon as clearance
procedures allow) if the specified
activity is thought to have resulted in
the mortality or injury of any marine
mammals, or in any take of marine
mammals not identified in this
document.
The Navy must conduct all
monitoring and/or research required
under the Letter of Authorization, if
issued.The monitoring methods
proposed for use during training events
in the JAX Range Complex include a
combination of individual elements
designed to allow a comprehensive
assessment include:
(1) Vessel and aerial surveys
(i) Visual surveillance of 2 events per
year. The primary goal will be to survey
E:\FR\FM\17DEP1.SGM
17DEP1
pwalker on PROD1PC71 with PROPOSALS
76596
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
two different types of explosive events
with one of them being a multiple
detonation event.
(ii) For surveyed training events,
aerial or vessel surveys will be used 1–
2 days prior to, during if reasonably
safe, and 1–5 days post detonation. The
variation in the number of days after
allows for the detection of animals that
gradually return to an area, if they
indeed do change their distribution in
response to underwater detonation
events.
(iii) Surveys will include any
specified exclusion zone around a
particular detonation point plus 2000
yards beyond the exclusion zone. For
vessel-based surveys a passive acoustic
system (hydrophone or towed array)
could be used to determine if marine
mammals are in the area before and/or
after a detonation event. Depending on
animals sighted, it may be possible to
conduct focal surveys of animals
outside of the exclusion zone
(detonations could be delayed if marine
mammals are observed within the
exclusion zone) to record behavioral
responses to the detonations.
(iv) When conducting a particular
survey, the survey team will collect:
(A) species identification and group
size;
(B) location and relative distance from
the detonation site;
(C) the behavior of marine mammals
including standard environmental and
oceanographic parameters;
(D) date, time and visual conditions
associated with each observation;
(E) direction of travel relative to the
detonation site; and
(F) duration of the observation.
(v) An aerial survey team will conduct
pre- and post-aerial surveys, taking local
oceanographic currents into account, of
the exercise area.
(2) Passive acoustic monitoring
(i) When practicable, a towed
hydrophone array should be used
whenever shipboard surveys are being
conducted. The towed array would be
deployed during daylight hours for each
of the days the ship is at sea.
(ii) A towed hydrophone array is
towed from the boat and can detect and
localize marine mammals that vocalize
and would be used to supplement the
ship-based systematic line-transect
surveys (particularly for species such as
beaked whales that are rarely seen).
(iii) The array would need to detect
low frequency vocalizations (< 1,000
Hz) for baleen whales and relatively
high frequency vocalizations (up to 30
kHz) for odontocetes such as sperm
whales. The use of two simultaneously
deployed arrays can also allow more
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
accurate localization and determination
of diving patterns.
(3) Marine mammal observers on
Navy platforms
(i) Marine mammal observers (MMOs)
will be placed on a Navy platform
during one of the exercises being
monitored per year.
(ii) Qualifications must include
expertise in species identification of
regional marine mammal species and
experience collecting behavioral data.
Experience as a NMFS marine mammal
observer is preferred, but not required.
Navy biologists and contracted
biologists will be used; contracted
MMOs must have appropriate security
clearance to board Navy platforms.
(iii) MMOs will not be placed aboard
Navy platforms for every Navy training
event or major exercise, but during
specifically identified opportunities
deemed appropriate for data collection
efforts. The events selected for MMO
participation will take into account
safety, logistics, and operational
concerns.
(iv) MMOs will observe from the same
height above water as the lookouts.
(v) The MMOs will not be part of the
Navy’s formal reporting chain of
command during their data collection
efforts; Navy lookouts will continue to
serve as the primary reporting means
within the Navy chain of command for
marine mammal sightings. The only
exception is that if an animal is
observed within the shutdown zone that
has not been observed by the lookout,
the MMO will inform the lookout of the
sighting for the lookout to take the
appropriate action through the chain of
command.
(vi) The MMOs will collect species
identification, behavior, direction of
travel relative to the Navy platform, and
distance first observed. All MMO
sighting will be conducted according to
a standard operating procedure.
The Navy would submit a report
annually on September 1 describing the
implementation and results (through
June 1 of the same year) of the
monitoring required above. Standard
marine species sighting forms would be
provided by the Navy and data
collection methods will be standardized
across ranges to allow for comparison in
different geographic locations.
JAX Range Complex Comprehensive
Report – The Navy will submit to NMFS
a draft report that summarizes all of the
marine mammal observations and data
gathered during explosive exercises
through June 1, 2012. This report will be
submitted to NMFS at the end of the
fourth year of the rule (November 2012).
The Navy will respond to NMFS
comments on the draft comprehensive
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
report if submitted within 3 months of
receipt. The report will be considered
final after the Navy has addressed
NMFS’ comments, or three months after
the submittal of the draft if NMFS does
not comment by then. To implement the
aforementioned monitoring measures,
the Navy is developing an Integrated
Comprehensive Monitoring Program
(ICMP) for marine species in order to
assess the effects of training activities on
marine species and investigate
population-level trends in marine
species distribution, abundance, and
habitat use in various range complexes
and geographic locations where Navy
training occurs. Although the ICMP is
intended to apply to all Navy training,
use of mid-frequency active (MFA)
sonar in training, testing, and research,
development, test, and evaluation
(RDT&E) will comprise a major
component of the overall program.
The ICMP will establish the
overarching structure and coordination
that will facilitate the collection and
synthesis of monitoring data from Navy
training and research and development
projects. The Program will compile data
from range-specific monitoring efforts as
well as research and development (R&D)
studies that are fully or partially Navyfunded. Monitoring methods across the
ranges will include methods such as
vessel and aerial surveys, tagging, and
passive acoustic monitoring.
The Navy will coordinate with the
local NMFS Stranding Coordinator for
any unusual marine mammal behavior
and any stranding, beached live/dead,
or floating marine mammals that may
occur at any time during or within 24
hours after completion of explosives
training activities.
Estimated Take of Marine Mammals
As mentioned previously, for
purposes of MMPA authorizations,
NMFS’ effects assessments have two
primary purposes (in the context of the
JAX Range Complex Final Rule, LOA,
subsequent LOA, if appropriate): (1) to
put forth the permissible methods of
taking within the context of MMPA
Level B Harassment (behavioral
harassment) and Level A Harassment
(injury); and (2) to determine whether
the specified activity will have a
negligible impact on the affected species
or stocks of marine mammals (based on
the likelihood that the activity will
adversely affect the species or stock
through effects on annual rates of
recruitment or survival).
In the Assessment of Marine Mammal
Response to Anthropogenic Sound
section, NMFS’ analysis identified the
lethal responses, physical trauma,
sensory impairment (permanent and
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
temporary threshold shifts and acoustic
masking), physiological responses
(particular stress responses), and
behavioral responses that could
potentially result from exposures from
explosive ordnance. In this section, we
will relate the potential effects to marine
mammals from underwater detonation
of explosives to the MMPA regulatory
definitions of Level A and Level B
Harassment and attempt to quantify the
effects that might occur from the
specific training activities that the Navy
is proposing in the JAX Range Complex.
Definition of Harassment
As mentioned previously, with
respect to military readiness activities,
Section 3(18)(B) of 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].
pwalker on PROD1PC71 with PROPOSALS
Level B Harassment
Of the potential effects that were
described in the Assessment of Marine
Mammal Response to Anthropogenic
Sound and the Explosive Ordnance
Exposure Analysis sections, the
following are the types of effects that
fall into the Level B Harassment
category:
Behavioral Harassment – Behavioral
disturbance that rises to the level
described in the definition above, when
resulting from exposures to underwater
detonations, is considered Level B
Harassment. Some of the lower level
physiological stress responses discussed
in the Assessment of Marine Mammal
Response to Anthropogenic Sound
section will also likely co-occur with
the predicted harassments, although
these responses are more difficult to
detect and fewer data exist relating
these responses to specific received
levels of sound. When Level B
Harassment is predicted based on
estimated behavioral responses, those
takes may have a stress-related
physiological component as well.
Acoustic Masking and
Communication Impairment – Acoustic
masking is considered Level B
Harassment as it can disrupt natural
behavioral patterns by interrupting or
limiting the marine mammal’s receipt or
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
transmittal of important information or
environmental cues.
TTS – As discussed previously, TTS
can effect how an animal behaves in
response to the environment, including
conspecifics, predators, and prey. The
following physiological mechanisms are
thought to play a role in inducing
auditory fatigue: effects to sensory hair
cells in the inner ear that reduce their
sensitivity, modification of the chemical
environment within the sensory cells,
residual muscular activity in the middle
ear, displacement of certain inner ear
membranes, increased blood flow, and
post-stimulatory reduction in both
efferent and sensory neural output.
Ward (1997) suggested that when these
effects result in TTS rather than PTS,
they are within the normal bounds of
physiological variability and tolerance
and do not represent a physical injury.
Additionally, Southall et al. (2007)
indicate that although PTS is a tissue
injury, TTS is not because the reduced
hearing sensitivity following exposure
to intense sound results primarily from
fatigue, not loss, of cochlear hair cells
and supporting structures and is
reversible. Accordingly, NMFS classifies
TTS (when resulting from exposure to
underwater detonations) as Level B
Harassment, not Level A Harassment
(injury).
Level A Harassment
Of the potential effects that were
described in the Assessment of Marine
Mammal Response to Anthropogenic
Sound section, the following are the
types of effects that fall into the Level
A Harassment category:
PTS – PTS (resulting either from
exposure to explosive detonations) is
irreversible and considered to be an
injury. PTS results from exposure to
intense sounds that cause a permanent
loss of inner or outer cochlear hair cells
or exceed the elastic limits of certain
tissues and membranes in the middle
and inner ears and result in changes in
the chemical composition of the inner
ear fluids.
Physical Disruption of Tissues
Resulting from Explosive Shock Wave –
Physical damage of tissues resulting
from a shock wave (from an explosive
detonation) is classified as an injury.
Blast effects are greatest at the gas-liquid
interface (Landsberg, 2000) and gascontaining organs, particularly the lungs
and gastrointestinal tract, are especially
susceptible to damage (Goertner, 1982;
Hill 1978; Yelverton et al., 1973). Nasal
sacs, larynx, pharynx, trachea, and
lungs may be damaged by compression/
expansion caused by the oscillations of
the blast gas bubble (Reidenberg and
Laitman, 2003). Severe damage (from
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
76597
the shock wave) to the ears can include
tympanic membrane rupture, fracture of
the ossicles, damage to the cochlea,
hemorrhage, and cerebrospinal fluid
leakage into the middle ear.
Acoustic Take Criteria
For the purposes of an MMPA
incidental take authorization, three
types of take are identified: Level B
Harassment; Level A Harassment; and
mortality (or serious injury leading to
mortality). The categories of marine
mammal responses (physiological and
behavioral) that fall into the two
harassment categories were described in
the previous section.
Because the physiological and
behavioral responses of the majority of
the marine mammals exposed to
underwater detonations cannot be
detected or measured (not all responses
visible external to animal, proportion of
exposed animals underwater (so not
visible), many animals located many
miles froorm observers and covering
very large area, etc.) and because NMFS
must authorize take prior to the impacts
to marine mammals, a method is needed
to estimate the number of individuals
that will be taken, pursuant to the
MMPA, based on the proposed action.
To this end, NMFS developed acoustic
criteria that estimate at what received
level (when exposed to explosive
detonations) Level B Harassment, Level
A Harassment, and mortality (for
explosives) of marine mammals would
occur. The acoustic criteria for
Underwater Detonations are discussed
below.
Thresholds and Criteria for Impulsive
Sound
Criteria and thresholds for estimating
the exposures from a single explosive
activity on marine mammals were
established for the Seawolf Submarine
Shock Test Final Environmental Impact
Statement (FEIS) (‘‘Seawolf’’) and
subsequently used in the USS Winston
S. Churchill (DDG–81) Ship Shock FEIS
(‘‘Churchill’’) (DoN, 1998 and 2001a).
NMFS adopted these criteria and
thresholds in its final rule on
unintentional taking of marine animals
occurring incidental to the shock testing
(NMFS, 2001a). Since the ship-shock
events involve only one large explosive
at a time, additional assumptions were
made to extend the approach to cover
multiple explosions for FIREX (with
IMPASS). In addition, this section
reflects a revised acoustic criterion for
small underwater explosions (i.e., 23
pounds per square inch [psi] instead of
previous acoustic criteria of 12 psi for
peak pressure over all exposures),
which is based on the final rule issued
E:\FR\FM\17DEP1.SGM
17DEP1
76598
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
to the Air Force by NMFS (NMFS,
2005c).
I.1. Thresholds and Criteria for Injurious
Physiological Impacts
I.1.a. Single Explosion
pwalker on PROD1PC71 with PROPOSALS
For injury, the Navy uses dual
criteria: eardrum rupture (i.e. tympanicmembrane injury) and onset of slight
lung injury. These criteria are
considered indicative of the onset of
injury. The threshold for tympanicmembrane (TM) rupture corresponds to
a 50 percent rate of rupture (i.e. 50
percent of animals exposed to the level
are expected to suffer TM rupture). This
value is stated in terms of an Energy
Flux Density Level (EL) value of 1.17
inch pounds per square inch (in-lb/in2),
approximately 205 dB re 1 microPa2·sec.
The threshold for onset of slight lung
injury is calculated for a small animal
(a dolphin calf weighing 26.9 lbs), and
is given in terms of the ‘‘Goertner
modified positive impulse,’’ indexed to
13 psi-msec (DoN, 2001). This threshold
is conservative since the positive
impulse needed to cause injury is
proportional to animal mass, and
therefore, larger animals require a
higher impulse to cause the onset of
injury. This analysis assumed the
marine species populations were 100
percent small animals. The criterion
with the largest potential impact range
(most conservative), either TM rupture
(energy threshold) or onset of slight lung
injury (peak pressure), will be used in
the analysis to determine Level A
exposures for single explosive events.
For mortality, the Navy uses the
criterion corresponding to the onset of
extensive lung injury. This is
conservative in that it corresponds to a
1 percent chance of mortal injury, and
yet any animal experiencing onset
severe lung injury is counted as a lethal
exposure. For small animals, the
threshold is given in terms of the
Goertner modified positive impulse,
indexed to 30.5 psi-msec. Since the
Goertner approach depends on
propagation, source/animal depths, and
animal mass in a complex way, the
actual impulse value corresponding to
the 30.5 psi-msec index is a complicated
calculation. To be conservative, the
analysis used the mass of a calf dolphin
(at 26.9 lbs) for 100 percent of the
populations.
multiple exposures, accumulated energy
over the entire training time is the
natural extension for energy thresholds
since energy accumulates with each
subsequent shot (detonation); this is
consistent with the treatment of
multiple arrivals in Churchill. For
positive impulse, it is consistent with
Churchill to use the maximum value
over all impulses received.
I.2. Thresholds and Criteria for NonInjurious Physiological Effects
The Navy criterion for non-injurious
harassment is TTS a slight, recoverable
loss of hearing sensitivity (DoN, 2001).
For this assessment, there are dual
criteria for TTS, an energy threshold
and a peak pressure threshold. The
criterion with the largest potential
impact range (most conservative) either
the energy or peak pressure threshold,
will be used in the analysis to determine
Level B TTS exposures.
I.1.b. Multiple Explosions
I.2.a. Single Explosion TTS-Energy
Threshold
The first threshold is a 182 dB re 1
microPa2–sec maximum energy flux
density level in any 1/3–octave band at
frequencies above 100 Hertz (Hz) for
toothed whales and in any 1/3–octave
band above 10 Hz for baleen whales. For
large explosives, as in the case of the
Churchill FEIS, frequency range cutoffs
at 10 and 100 Hz make a difference in
the range estimates. For small
explosives (<1,500 lb NEW), as what
was modeled for this analysis, the
spectrum of the shot arrival is broad,
and there is essentially no difference in
impact ranges for toothed whales or
baleen whales.
The TTS energy threshold for
explosives is derived from the Space
and Naval Warfare Systems Center
(SSC) pure-tone tests for TTS (Schlundt
et al., 2000, Finneran and Schlundt,
2004). The pure-tone threshold (192 dB
as the lowest value) is modified for
explosives by (a) interpreting it as an
energy metric, (b) reducing it by 10 dB
to account for the time constant of the
mammal ear, and (c) measuring the
energy in 1/3–octave bands, the natural
filter band of the ear. The resulting
threshold is 182 dB re 1 microPa2–sec
in any 1/3–octave band. The energy
threshold usually dominates and is used
in the analysis to determine potential
Level B exposures for single explosion
ordnance.
For this analysis, the use of multiple
explosions only applies to FIREX (with
IMPASS). Since FIREX require multiple
explosions, the Churchill approach had
to be extended to cover multiple sound
events at the same training site. For
I.2.b. Single Explosion TTS-Peak
Pressure Threshold
The second threshold applies to all
species and is stated in terms of peak
pressure at 23 psi (about 225 dB re 1
microPa). This criterion was adopted for
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
Precision Strike Weapons (PSW) Testing
and Training by Eglin Air Force Base in
the Gulf of Mexico (NMFS, 2005b). It is
important to note that for small shots
near the surface (such as in this
analysis), the 23–psi peak pressure
threshold generally will produce longer
impact ranges than the 182–dB energy
metric. Furthermore, it is not unusual
for the TTS impact range for the 23–psi
pressure metric to actually exceed the
without-TTS (behavioral change
without onset of TTS) impact range for
the 177–dB energy metric.
I.2.c. Multiple Explosions – TTS
For multiple explosions, accumulated
energy over the entire training time is
the natural extension for energy
thresholds since energy accumulates
with each subsequent shot/detonation.
This is consistent with the energy
argument in Churchill. For peak
pressure, it is consistent with Churchill
to use the maximum value over all
impulses received.
I.3. Thresholds and Criteria for
Behavioral Effects
I.3.a. Single Explosion
For a single explosion, to be
consistent with Churchill, TTS is the
criterion for Level B. In other words,
because behavioral disturbance for a
single explosion is likely to be limited
to a short-lived startle reaction, use of
the TTS criterion is considered
sufficient protection and therefore
behavioral effects (without TTS) are not
considered for single explosions.
I.3.b. Multiple Explosions – without TTS
For this analysis, the use of multiple
explosions only applies to FIREX (with
IMPASS). Because multiple explosions
would occur within a discrete time
period, a new acoustic criterionbehavioral disturbance (without TTS) is used to account for behavioral effects
significant enough to be judged as
harassment, but occurring at lower noise
levels than those that may cause TTS.
The threshold is based on test results
published in Schlundt et al. (2000), with
derivation following the approach of the
Churchill FEIS for the energy-based TTS
threshold. The original Schlundt et al.
(2000) data and the report of Finneran
and Schlundt (2004) are the basis for
thresholds for behavioral disturbance
(without TTS). As reported by Schlundt
et al. (2000), instances of altered
behavior generally began at lower
exposures than those causing TTS;
however, there were many instances
when subjects exhibited no altered
behavior at levels above the onset-TTS
levels. Regardless of reactions at higher
E:\FR\FM\17DEP1.SGM
17DEP1
76599
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
or lower levels, all instances of altered
behavior were included in the statistical
summary.
The behavioral disturbance (without
TTS) threshold for tones is derived from
the SSC tests, and is found to be 5 dB
below the threshold for TTS, or 177 dB
re 1 microPa2–sec maximum energy flux
density level in any 1/3–octave band at
frequencies above 100 Hz for toothed
whales and in any 1/3–octave band
above 10 Hz for baleen whales. As
stated previously for TTS, for small
explosives (<1500 lb NEW), as what was
modeled for this analysis, the spectrum
of the shot arrival is broad, and there is
essentially no difference in impact
ranges for whales. The behavioral
disturbance (without TTS) impact range
for FIREX with IMPASS can, especially
in shallower water, be about twice the
impact range for TTS.
II. Summary of Thresholds and Criteria
for Impulsive Sounds
Table 13 summarizes the effects,
criteria, and thresholds used in the
assessment for impulsive sounds. The
criteria for behavioral effects without
physiological effects used in this
analysis are based on use of multiple
explosives that only take place during a
FIREX (w/IMPASS) event.
TABLE 13. EFFECTS, CRITERIA, AND THRESHOLDS FOR IMPULSIVE SOUNDS
Effect
Criteria
Metric
Threshold
Effect
Mortality
Onset of Extensive Lung
Injury
Goertner modified positive
impulse
indexed to 30.5 psi-msec
(assumes 100 percent small
animal at 26.9 lbs)
Mortality
Injurious
Physiological
50% Tympanic Membrane Rupture
Energy flux density
1.17 in-lb/in2 (about 205 dB
re 1 microPa2-sec)
Level A
Injurious
Physiological
Onset Slight Lung Injury
Goertner modified positive
impulse
indexed to 13 psi-msec (assumes 100 percent small
animal at 26.9 lbs)
Level A
Non-injurious
Physiological
TTS
Greatest energy flux density
level in any 1/3-octave band
(> 100 Hz for toothed whales
and > 10 Hz for baleen
whales) - for total energy
over all exposures
182 dB re 1 microPa2-sec
Level B
Non-injurious
Physiological
TTS
Peak pressure over all exposures
23 psi (for small explosives
<2,000 lbs, else 12 psi)
Level B
Non-injurious
Behavioral
Multiple Explosions Without TTS
Greatest energy flux density
level in any 1/3-octave (>
100 Hz for toothed whales
and > 10 Hz for baleen
whales) - for total energy
over all exposures (multiple
explosions only)
177 dB re 1 microPa2-sec
Level B
The criteria for mortality, Level A
Harassment, and Level B Harassment
resulting from explosive detonations
were initially developed for the Navy’s
Sea Wolf and Churchill ship-shock trials
and have not changed since other
MMPA authorizations issued for
explosive detonations. The criteria,
which are applied to cetaceans and
pinnipeds are summarized in Table 13.
Additional information regarding the
derivation of these criteria is available
in the Navy’s FEIS for the JAX Range
Complex and in the Navy’s CHURCHILL
FEIS (U.S. Department of the Navy,
2001).
pwalker on PROD1PC71 with PROPOSALS
Take Calculations
In estimating the potential for marine
mammals to be exposed to an acoustic
source, the Navy completed the
following actions:
(1) Evaluated potential effects within
the context of existing and current
regulations, thresholds, and criteria;
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
(2) Identified all acoustic sources that
will be used during Navy training
activities;
(3) Identified the location, season, and
duration of the action to determine
which marine mammal species are
likely to be present;
(4) Determined the estimated number
of marine mammals (i.e., density) of
each species that will likely be present
in the respective OPAREAs during the
Navy training activities;
(5) Applied the applicable acoustic
threshold criteria to the predicted sound
exposures from the proposed activity.
The results were then evaluated to
determined whether the predicted
sound exposures from the acoustic
model might be considered harassment;
and
(6) Considered potential harassment
within the context of the affected
marine mammal population, stock, and
species to assess potential population
viability. Particular focus on
recruitment and survival are provided to
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
analyze whether the effects of the action
can be considered to have negligible
effects to marine mammal species or
population.
Starting with a sound source, the
attenuation of an emitted sound due to
propagation loss is determined. Uniform
animal distribution is overlaid onto the
calculated sound fields to assess if
animals are physically present at
sufficient received sound levels to be
considered ‘‘exposed’’ to the sound. If
the animal is determined to be exposed,
two possible scenarios must be
considered with respect to the animal’s
physiology - effects on the auditory
system and effects on non-auditory
system tissues. These are not
independent pathways and both must
be considered since the same sound
could affect both auditory and nonauditory tissues. Note that the model
does not account for any animal
response; rather the animals are
E:\FR\FM\17DEP1.SGM
17DEP1
76600
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
considered stationary, accumulating
energy until the threshold is tripped.
These modeling results do not take
into account the mitigation measures
(detailed in the Proposed Mitigation
Measure section above) that lower the
potential for exposures to occur given
standard range clearance procedures
and the likelihood that these species can
be readily detected (e.g., small animals
move quickly throughout the water
column and are often seen riding the
bow wave of large ships or in large
groups). With the mitigation and
monitoring measures implemented,
NMFS does not believe that there would
be any mortality of any marine mammal
resulting from the proposed training
activities. Therefore, mortality of marine
mammals would not be authorized.
pwalker on PROD1PC71 with PROPOSALS
Effects on Marine Mammal Habitat
Activities from Atlantic Fleet training
activities in the JAX Range Complex
that may affect marine mammal habitat
include changes in water quality, the
introduction of sound into the water
column, and temporary changes to prey
distribution and abundance. There is a
known North Atlantic right whale
calving critical habitat within the JAX
Range Complex. However, potential
impacts to marine mammal habitat are
not anticipated to alter the function of
the habitat and, therefore, will have
little to no impact of marine mammal
species.
Analysis and Negligible Impact
Determination
Pursuant to NMFS regulations
implementing the MMPA, an applicant
is required to estimate the number of
animals that will be ‘‘taken’’ by the
specified activities (i.e., takes by
harassment only, or takes by
harassment, injury, and/or death). This
estimate informs the analysis that NMFS
must perform to determine whether the
activity will have a ‘‘negligible impact’’
on the species or stock. Level B
(behavioral) harassment occurs at the
level of the individual(s) and does not
assume any resulting population-level
consequences, though there are known
avenues through which behavioral
disturbance of individuals can result in
population-level effects. A negligible
impact finding is based on the lack of
likely adverse effects on annual rates of
recruitment or survival (i.e., populationlevel effects). An estimate of the number
of Level B harassment takes, alone, is
not enough information on which to
base an impact determination. In
addition to considering estimates of the
number of marine mammals that might
be ‘‘taken’’ through behavioral
harassment, NMFS must consider other
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
factors, such as the likely nature of any
responses (their intensity, duration,
etc.), the context of any responses
(critical reproductive time or location,
migration, etc.), or any of the other
variables mentioned in the first
paragraph (if known), as well as the
number and nature of estimated Level A
takes, the number of estimated
mortalities, and effects on habitat.
Based on the analysis contained here,
NMFS has preliminarily determined
that the issuance of 5–year regulations
as LOA is appropriate for Navy training
exercises utilizing underwater
detonations will have a negligible
impact on the marine mammal species
and stocks present in the JAX Range
Complex.
Subsistence Harvest of Marine
Mammals
NMFS has preliminarily determined
that the issuance of an LOA for Navy
training exercises in the JAX Range
Complex would not have an
unmitigable adverse impact on the
availability of the affected species or
stocks for subsistence use, since there
are no such uses in the specified area.
ESA
There are four marine mammal
species that are listed as endangered
under the ESA with confirmed or
possible occurrence in the JAX Range
Complex: humpback whale, North
Atlantic right whale, fin whale, and
sperm whale. The Navy has begun
consultation with NMFS pursuant to
section 7 of the ESA, and NMFS will
also consult internally on the issuance
of an LOA under section 101(a)(5)(A) of
the MMPA for training exercises in the
JAX Range Complex. Consultation will
be concluded prior to a determination
on the issuance of the final rule and an
LOA.
NEPA
The Navy is preparing an
Environmental Impact Statement (EIS)
for the proposed JAX Range Complex
training activities. A draft EIS was
released for public comments from June
27 - August 11, 2008, and it is available
at https://
www.jacksonvillerangecomplexeis.com/.
NMFS is a cooperating agency (as
defined by the Council on
Environmental Quality (40 CFR 1501.6))
in the preparation of the EIS. NMFS has
reviewed the Draft EIS and will be
working with the Navy on the Final EIS
(FEIS).
NMFS intends to adopt the Navy’s
FEIS, if adequate and appropriate, and
we believe that the Navy’s FEIS will
allow NMFS to meet its responsibilities
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
under NEPA for the issuance of the 5–
year regulation and LOAs for training
activities in the JAX Range Complex. If
the Navy’s FEIS were not adequate,
NMFS would supplement the existing
analysis and documents to ensure that
we comply with NEPA prior to the
issuance of the final rule or LOA.
Preliminary Determination
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat and dependent upon
the implementation of the mitigation
measures, NMFS preliminarily finds
that the total taking from Navy training
exercises utilizing underwater
explosives in the JAX Range Complex
will have a negligible impact on the
affected marine mammal species or
stocks. NMFS has proposed regulations
for these exercises that prescribe the
means of affecting the least practicable
adverse impact on marine mammals and
their habitat and set forth requirements
pertaining to the monitoring and
reporting of that taking.
Classification
This action does not contain a
collection of information requirement
for purposes of the Paperwork
Reduction Act
Pursuant to the procedures
established to implement section 6 of
Executive Order 12866, the Office of
Management and Budget has
determined that this proposed rule is
not significant.
Pursuant to Section 605B of the
Regulatory Flexibility Act, the Chief
Counsel for Regulation of the
Department of Commerce has certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
rule, if adopted, would not have a
significant economic impact on a
substantial number of small entities.
Any requirements imposed by a Letter
of Authorization issued pursuant to
these regulations, and any monitoring or
reporting requirements imposed by
these regulations, will be applicable
only to the Navy. Because this action, if
adopted, would directly affect the Navy
and not a small entity, NMFS concludes
the action would not result in a
significant economic impact on a
substantial number of small entities.
List of Subjects in 50 CFR Part 218
Exports, Fish, Imports, Incidental
take, Indians, Labeling, Marine
mammals, Navy, Penalties, Reporting
and recordkeeping requirements,
Seafood, Sonar, Transportation.
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
Dated: December 9, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For reasons set forth in the preamble,
50 CFR part 218, as proposed to be
added at 73 FR 75655, December 12,
2008, is proposed to be amended as
follows:
PART 218—REGULATIONS
GOVERNING THE TAKING AND
IMPORTING OF MARINE MAMMALS
1. The authority citation for part 218
continues to read as follows:
Authority: 16 U.S.C. 1361 et seq.
2. Subpart B is added to part 218 to
read as follows:
Subpart B—Taking Marine Mammals
Incidental to U.S. Navy Training in the
Jacksonville Range Complex
Sec.
218.10 Specified activity and specified
geographical region.
218.11 Permissible methods of taking.
218.12 Prohibitions.
218.13 Mitigation.
218.14 Requirements for monitoring and
reporting.
218.15 Applications for Letters of
Authorization.
218.16 Letters of Authorization.
218.17 Renewal of Letters of Authorization.
218.18 Modifications to Letters of
Authorization.
Subpart B—Taking Marine Mammals
Incidental to U.S. Navy Training in the
Jacksonville Range Complex
pwalker on PROD1PC71 with PROPOSALS
§ 218.10 Specified activity and specified
geographical region.
(a) Regulations in this subpart apply
only to the U.S. Navy for the taking of
marine mammals that occurs in the area
outlined in paragraph (b) of this section
and that occur incidental to the
activities described in paragraph (c) of
this section
(b) The taking of marine mammals by
the Navy is only authorized if it occurs
within the JAX Range Complex, which
is located along the southern east coast
of the U.S. The two principal OPAREAs
within the JAX Study Area are the
Jacksonville OPAREA and the
Charleston OPAREA (sometimes
referred to collectively as the JAX/
CHASN OPAREA, or simply the
OPAREA). The northernmost point of
the JAX/CHASN OPAREA is located just
north of Wilmington, North Carolina
(34°37’ N) in waters less than 20 m (65.6
ft) deep, while the easternmost
boundary lies 281 nm (518.6 km)
offshore of Jacksonville, Florida (77°00’
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
W in waters with a bottom depth of
nearly 2,000 m (6,562 ft).
(c) The taking of marine mammals by
the Navy is only authorized if it occurs
incidental to the following activities
within the designated amounts of use:
(1) The detonation of the underwater
explosives indicated in this paragraph
(c)(1)(i) conducted as part of the training
exercises indicated in this paragraph
(c)(1)(ii):
(i) Underwater Explosives:
(A) AGM–114 (Hellfire missile);
(B) AGM–65 E/F (Maverick missile);
(C) Mine Neutralization (20 lb NEW
charges);
(D) 5’’ Naval Gunfire.
(ii) Training Events:
(A) Mine Neutralization (20 lb NEW
charges) - up to 60 exercises over the
course of 5 years (an average of 12 per
year);
(B) Missile Exercise (MISSILEX) (Airto-Surface; Hellfire missile) - up to 350
exercises over the course of 5 years (an
average of 70 per year);
(C) Missile Exercise (MISSILEX) (Airto-Surface; Maverick) - up to 15
exercises over the course of 5 years (an
average of 3 per year);
(D) FIREX with IMPASS - up to 50
exercises over the course of 5 years (an
average of 10 per year); and
(E) Small Arms Training with MK3A2
anti-swimmer concussion grenade (0.5
lbs NEW) - up to 400 events over the
course of 5 years (an average of 80
events per year).
(2) [Reserved]
§ 218.11
Permissible methods of taking.
(a) Under Letters of Authorization
issued pursuant to §§ 216.106 of this
chapter and 218.16, the Holder of the
Letter of Authorization may
incidentally, but not intentionally, take
marine mammals within the area
described in § 218.10 (b), provided the
activity is in compliance with all terms,
conditions, and requirements of this
subpart and the appropriate Letter of
Authorization.
(b) The activities identified in
§ 218.10 (c) must be conducted in a
manner that minimizes, to the greatest
extent practicable, any adverse impacts
on marine mammals and their habitat.
(c) The incidental take of marine
mammals under the activities identified
in § 218.10 (c) is limited to the following
species, by the indicated method of take
the indicated number of times:
(1) Level B Harassment:
(i) Bottlenose dolphin (Tursiops
truncatus) – 15;
(ii) Pantropical spotted dolphin
(Stenella attenuata) – 2;
(iii) Clymene dolphin (S. clymene) –
2;
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
76601
(iv) Atlantic spotted dolphin (S.
frontalis) – 56;
(v) Risso’s dolphin (Grampus griseus)
– 3;
(vi) Pilot whales (Globicephala sp.) –
1.
(2) Level A Harassment (injury):
(i) Atlantic spotted dolphin – 2.
(ii) [Reserved]
§ 218.12
Prohibitions.
Notwithstanding takings
contemplated in § 218.11 and
authorized by a Letter of Authorization
issued under § 216.106 of this chapter
and § 218.16, no person in connection
with the activities described in § 218.10
may:
(a) Take any marine mammal not
specified in § 218.11 (c);
(b) Take any marine mammal
specified in § 218.11 (c) other than by
incidental take as specified in
§ 218.11(c)(1) and (2);
(c) Take a marine mammal specified
in § 218.11 (c) if such taking results in
more than a negligible impact on the
species or stocks of such marine
mammal; or
(d) Violate, or fail to comply with, the
terms, conditions, and requirements of
this Subpart or a Letter of Authorization
issued under § 216.106 of this chapter
and § 218.16.
§ 218.13
Mitigation.
(a) When conducting training
activities identified in § 218.10(a), the
mitigation measures contained in the
Letter of Authorization issued under
§ 216.106 of this chapter and § 218.16
must be implemented. These mitigation
measures include (but are not limited
to):
(1) General Maritime Measures. The
‘‘Standard Operating Procedures’’ for
mitigation measures presented below
shall be taken by Navy personnel on a
regular and routine basis.
(i) Personnel Training Lookouts:
(A) All bridge personnel,
Commanding Officers, Executive
Officers, officers standing watch on the
bridge, maritime patrol aircraft aircrews,
and Mine Warfare (MIW) helicopter
crews shall complete MSAT.
(B) Navy lookouts shall undertake
extensive training to qualify as a
watchstander in accordance with the
Lookout Training Handbook
(NAVEDTRA 12968–D).
(C) Lookout training shall include onthe-job instruction under the
supervision of a qualified, experienced
watchstander. Following successful
completion of this supervised training
period, lookouts shall complete the
Personal Qualification Standard
Program, certifying that they have
E:\FR\FM\17DEP1.SGM
17DEP1
pwalker on PROD1PC71 with PROPOSALS
76602
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
demonstrated the necessary skills (such
as detection and reporting of partially
submerged objects).
(D) Lookouts shall be trained in the
most effective means to ensure quick
and effective communication within the
command structure to facilitate
implementation of protective measures
if marine species are spotted.
(E) Surface lookouts shall scan the
water from the ship to the horizon and
be responsible for all contacts in their
sector. In searching the assigned sector,
the lookout shall always start at the
forward part of the sector and search aft
(toward the back). To search and scan,
the lookout shall hold the binoculars
steady so the horizon is in the top third
of the field of vision and direct the eyes
just below the horizon. The lookout
shall scan for approximately five
seconds in as many small steps as
possible across the field seen through
the binoculars. They shall search the
entire sector in approximately fivedegree steps, pausing between steps for
approximately five seconds to scan the
field of view. At the end of the sector
search, the glasses shall be lowered to
allow the eyes to rest for a few seconds,
and then the lookout shall search back
across the sector with the naked eye.
(F) At night, lookouts shall scan the
horizon in a series of movements that
would allow their eyes to come to
periodic rests as they scan the sector.
When visually searching at night, they
shall look a little to one side and out of
the corners of their eyes, paying
attention to the things on the outer
edges of their field of vision. Lookouts
shall also have night vision devices
available for use.
(ii) Operating Procedures and
Collision Avoidance:
(A) Prior to major exercises, a Letter
of Instruction, Mitigation Measures
Message or Environmental Annex to the
Operational Order shall be issued to
further disseminate the personnel
training requirement and general marine
species mitigation measures.
(B) Commanding Officers shall make
use of marine species detection cues
and information to limit interaction
with marine species to the maximum
extent possible consistent with safety of
the ship.
(C) While underway, surface vessels
shall have at least two lookouts with
binoculars; surfaced submarines shall
have at least one lookout with
binoculars. Lookouts already posted for
safety of navigation and man-overboard
precautions may be used to fill this
requirement. As part of their regular
duties, lookouts shall watch for and
report to the OOD the presence of
marine mammals.
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
(D) Personnel on lookout will employ
visual search procedures employing a
scanning method in accordance with the
Lookout Training Handbook
(NAVEDTRA 12968–D).
(E) After sunset and prior to sunrise,
lookouts shall employ Night Lookouts
Techniques in accordance with the
Lookout Training Handbook
(NAVEDTRA 12968–D).
(F) While in transit, naval vessels
shall be alert at all times, use extreme
caution, and proceed at a ‘‘safe speed’’
so that the vessel can take proper and
effective action to avoid a collision with
any marine animal and can be stopped
within a distance appropriate to the
prevailing circumstances and
conditions.
(G) When whales have been sighted in
the area, Navy vessels shall increase
vigilance and implement measures to
avoid collisions with marine mammals
and avoid activities that might result in
close interaction of naval assets and
marine mammals. Such measures shall
include changing speed and/or course
direction and would be dictated by
environmental and other conditions
(e.g., safety or weather).
(H) Naval vessels shall maneuver to
keep at least 500 yds (460 m) away from
any observed whale and avoid
approaching whales head-on.
(I) Where feasible and consistent with
mission and safety, vessels shall avoid
closing to within 200–yd (183 m) of
marine mammals other than whales
(whales addressed above).
(J) Navy aircraft participating in
exercises at sea shall conduct and
maintain, when operationally feasible
and safe, surveillance for marine species
of concern as long as it does not violate
safety constraints or interfere with the
accomplishment of primary operational
duties. Marine mammal detections shall
be immediately reported to assigned
Aircraft Control Unit for further
dissemination to ships in the vicinity of
the marine species as appropriate.
(K) All vessels shall maintain logs and
records documenting training
operations should they be required for
event reconstruction purposes. Logs and
records shall be kept for a period of 30
days following completion of a major
training exercise.
(2) Coordination and Reporting
Requirements:
(i) The Navy shall coordinate with the
local NMFS Stranding Coordinator for
any unusual marine mammal behavior
and any stranding, beached live/dead,
or floating marine mammals that may
occur at any time during or within 24
hours after completion of training
activities.
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
(ii) The Navy shall follow internal
chain of command reporting procedures
as promulgated through Navy
instructions and orders.
(3) Mitigation Measures Applicable
Vessel Transit in the Mid-Atlantic
during North Atlantic Right Whale
Migration:
(i) The mitigation measures apply to
all Navy vessel transits, including those
vessels that would transit to and from
East Coast ports and OPAREAs.
(ii) Seasonal migration of right whales
is described by NMFS as occurring from
October 15th through April 30th, when
right whales migrate between feeding
grounds farther north and calving
grounds farther south.
(A) Where vessel transits during the
right whale migration season along
certain identified ports including the
Hampton Roads entrance to the
Chesapeake Bay, Navy vessels shall use
extreme caution and operate at a slow,
safe speed consistent with mission and
safety within a 20 nm (37 km) arc of the
specified reference points listed on
Table 12 of this document.
(B) During the indicated months,
Navy vessels would practice increased
vigilance with respect to avoidance of
vessel-whale interactions along the midAtlantic coast, including transits to and
from any mid-Atlantic ports not
specifically identified above.
(C) Additional Mitigation Measures in
the Consultation Area during North
Atlantic Right Whale Calving Season.
The following measures from the NMFS
Biological Opinion issued in 1997
(NMFS, 1997) shall be implemented for
activities the consultation area (roughly
an area to 80 nm (148 km) seaward from
Charleston, South Carolina, south to
Sebastian Inlet, Florida) during North
Atlantic right whale calving season:
(1) Naval vessels operating within
North Atlantic right whale critical
habitat and the Associated Area of
Concern (AAOC) shall exercise extreme
caution and use slow safe speed, that is,
the slowest speed that is consistent with
essential mission, training, and
operations.
(2) Exercise extreme caution and use
slow, safe speed when a whale is
sighted by a vessel or when the vessel
is within 5 nm (9 km) of a reported new
sighting less than 12 hours old.
(3) During the North Atlantic right
whale calving season north-south
transits through the critical habitat are
prohibited, except for those exercises
that necessarily operate at a slow, safe
speed. Naval vessel transits through the
area shall be in an east-west direction,
and shall use the most direct route
available during the calving season.
E:\FR\FM\17DEP1.SGM
17DEP1
pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
(4) Naval vessel operations in the
North Atlantic right whale critical
habitat and AAOC during the calving
season shall be undertaken during
daylight and periods of good visibility,
to the extent practicable and consistent
with mission, training, and operation.
When operating in the critical habitat
and AAOC at night or during periods of
poor visibility, vessels shall operate as
if in the vicinity of a recently reported
North Atlantic right whale sighting.
(5) Command, Control and
Communication.
(i) Fleet Area Control and
Surveillance Jacksonville (FACSFAC
JAX) shall coordinate ship/aircraft
clearance into the operating area based
on prevailing conditions, including
water temperature, weather conditions,
whale sighting data, mission or event to
be conducted and other pertinent
information. Commander Submarine
Atlantic (COMSUBLANT) shall
coordinate any submarine operations
that may require clearance with
FACSFAC JAX. FASFAC JAX shall
provide data to ships and aircraft,
including USCG if requested, and shall
recommend modifying, moving or
canceling events as needed to prevent
whale encounters. Commander
Submarine Group Ten (COMSUBGRU
TEN) shall provide same information/
guidance to subs.
(ii) Prior to transiting or training in
the critical habitat ships shall contact
FASFAC JAX to obtain latest whale
sighting and other information needed
to make informed decisions regarding
safe speed and path of intended
movement. Subs shall contact
COMSUBGRU TEN for similar
information. Ships and aircraft desiring
to train/operate inside the critical
habitat or within the warning/operating
area shall coordinate clearance with
FASFAC JAX. Subs shall obtain same
clearance from CTF–82
(COMSUBLANT).
(iii) FACSFAC JAX shall coordinate
local procedures for whale data entry,
update, retrieval and dissemination
using joint maritime command
information system. Ships not yet
Officer in Tactical Command
Information Exchange subsystem
capable, including USCG, shall
communicate via satellite
communication, regular telephone
system or international marine/maritime
satellite.
(4) Proposed Mitigation Measures for
Specific At-sea Training Events. The
following actions are standard operating
procedures that are in place currently
and shall be used in the future for all
activities being analyzed in this LOA
request.
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
(i) Firing Exercise (FIREX) Using the
Integrated Maritime Portable Acoustic
Scoring System (IMPASS) (5–in
Explosive Rounds):
(A) This activity shall only occur in
Areas BB and CC.
(B) During North Atlantic right whale
calving season no explosive ordnance
shall be used.
(C) Pre-exercise monitoring of the
target area shall be conducted with ‘‘Big
Eyes’’ prior to the event, during
deployment of the IMPASS sonobuoy
array, and during return to the firing
position. Ships shall maintain a lookout
dedicated to visually searching for
marine mammals 180 along the ship
track line and 360 at each buoy drop-off
location.
(D) ‘‘Big Eyes’’ on the ship shall be
used to monitor a 600 yard (548 m)
buffer zone for marine mammals during
naval-gunfire events.
(E) Ships shall not fire on the target
if any marine mammals are detected
within or approaching the 600 yd (548
m) buffer zone until the area is cleared.
If marine mammals are present,
operations shall be suspended. Visual
observation shall occur for
approximately 45 minutes, or until the
animal has been observed to have
cleared the area and is heading away
from the buffer zone.
(F) Post-exercise monitoring of the
entire effect range shall take place with
‘‘Big Eyes’’ and the naked eye during the
retrieval of the IMPASS sonobuoy array
following each firing exercise.
(G) FIREX with IMPASS shall take
place during daylight hours only.
(H) FIREX with IMPASS shall only be
used in Beaufort Sea State three (3) or
less.
(I) The visibility must be such that the
fall of shot is visible from the firing ship
during the exercise.
(J) No firing shall occur if marine
mammals are detected within 70 yards
(64 m) of the vessel.
(ii) Air-to-Surface Missile Exercises
(Explosive):
(A) This activity shall only occur in
the Missile Laser Training Range
(MLTR).
(B) Aircraft shall visually survey the
target area for marine mammals prior to
the exercise. Visual inspection of the
target area shall be made by flying at
1,500 ft (457 m) altitude or lower, if safe
to do so, and at slowest safe speed.
Firing or range clearance aircraft must
be able to actually see ordnance impact
areas. Explosive ordnance shall not be
targeted to impact within 1,800 yards
(1,646 m) of sighted marine mammals.
(iii) Mine Neutralization Training
Involving Underwater Detonations (up
to and including 20–lb charges):
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
76603
(A) Underwater detonations are
restricted to Undet North and Undet
South. These sites are located in the
Charleston/JAX OPAREAs offshore of
Charleston, South Carolina.
(B) Observers shall survey the buffer
zone, a 700 yds (640 m) radius from
detonation location, for marine
mammals and sea turtles from all
participating vessels during the entire
operation. A survey of the buffer zone
(minimum of three parallel tracklines
219 yds (200 m) apart using support
craft shall be conducted at the
detonation location 30 minutes prior
through 30 minutes post detonation.
Aerial survey support shall be utilized
whenever assets are available.
(C) Detonation operations shall be
conducted during daylight hours only.
(D) If a marine mammal is sighted
within the buffer zone, the animal shall
be allowed to leave of its own volition.
The Navy shall suspend detonation
exercises and ensure the area is clear for
a full 30 minutes prior to detonation.
(E) Divers placing the charges on
mines and dive support vessel
personnel shall survey the area for
marine mammals and shall report any
sightings to the surface observers. These
animals shell be allowed to leave of
their own volition and the buffer zone
shall be clear for 30 minutes prior to
detonation.
(F) Personnel shall record any marine
mammal species observations during
the exercise as well as measures taken
if species are detected within the buffer
zone.
(iv) Small Arms Training - Explosive
hand grenades (such as the MK3A2
grenades):
(A) Lookouts shall visually survey for
marine mammals prior to and during
exercise.
(B) A 200 yd (182 m) radius buffer
zone shall be established around the
intended target. The exercises shall be
conducted only if the buffer zone is
clear of sighted marine mammals.
(v) Adaptive management:
(A) The final regulations governing
the take of marine mammals incidental
to Navy training exercises in JAX Range
Complex shall contain an adaptive
management component.
(B) The use of adaptive management
shall give NMFS the ability to consider
new data from different sources to
determine (in coordination with the
Navy), on an annual basis, if new or
modified mitigation or monitoring
measures are appropriate for subsequent
annual LOAs.
§ 218.14 Requirements for monitoring and
reporting.
(a) The Holder of the Letter of
Authorization issued pursuant to
E:\FR\FM\17DEP1.SGM
17DEP1
pwalker on PROD1PC71 with PROPOSALS
76604
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
§ 216.106 of this chapter and § 218.16
for activities described in § 218.10(b) is
required to cooperate with the NMFS,
and any other Federal, state or local
agency monitoring the impacts of the
activity on marine mammals.
(b) The Holder of the Authorization
must notify NMFS immediately (or as
soon as clearance procedures allow) if
the specified activity identified in
§ 218.10(b) is thought to have resulted
in the mortality or injury of any marine
mammals, or in any take of marine
mammals not identified in § 218.10(c).
(c) The Holder of the Letter of
Authorization must conduct all
monitoring and/or research required
under the Letter of Authorization.
(d) The monitoring methods proposed
for use during training events in JAX
Range Complex include a combination
of individual elements designed to
allow a comprehensive assessment
include:
(1) Vessel and aerial surveys:
(i) Visually survey two events per
year. The primary goal shall be to
survey two different types of explosive
events with one of them being a
multiple detonation event.
(ii) For surveyed training events,
aerial or vessel surveys shall be used 1–
2 days prior to, during if safely possible,
and 1–5 days post detonation. The
variation in the number of days after
allows for the detection of animals that
gradually return to an area, if they
indeed do change their distribution in
response to underwater detonation
events.
(iii) Surveys shall include any
specified exclusion zone around a
particular detonation point plus 2000
yards beyond the exclusion zone. For
vessel based surveys a passive acoustic
system (hydrophone or towed array)
could be used to determine if marine
mammals are in the area before and/or
after a detonation event. Depending on
animals sighted, it may be possible to
conduct focal surveys of animals
outside of the exclusion zone
(detonations could be delayed if marine
mammals are observed within the
exclusion zone) to record behavioral
responses to the detonations.
(iv) When conducting a particular
survey, the survey team shall collect:
(A) Species identification and group
size;
(B) Location and relative distance
from the detonation site;
(C) The behavior of marine mammals
including standard environmental and
oceanographic parameters;
(D) Date, time and visual conditions
associated with each observation;
(E) Direction of travel relative to the
detonation site; and
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
(F) Duration of the observation.
(2) Passive acoustic monitoring:
(i) When practical, a towed
hydrophone array should be used
whenever shipboard surveys are being
conducted. The towed array shall be
deployed during daylight hours for each
of the days the ship is at sea.
(ii) A towed hydrophone array is
towed from the boat and can detect and
localize marine mammals that vocalize
and shall be used to supplement the
ship-based systematic line-transect
surveys (particularly for species such as
beaked whales that are rarely seen).
(iii) The array shall need to detect low
frequency vocalizations (< 1,000 Hz) for
baleen whales and relatively high
frequency (up to 30 kHz) for
odontocetes such as sperm whales. The
use of two simultaneously deployed
arrays can also allow more accurate
localization and determination of diving
patterns.
(3) Marine mammal observers on
Navy platforms:
(i) Marine mammal observers (MMOs)
shall be placed on a Navy platform
during one of the exercises being
monitored per year.
(ii) Qualifications must include
expertise in species identification of
regional marine mammal species and
experience collecting behavioral data.
Experience as a NMFS marine mammal
observer is preferred, but not required.
Navy biologists and contracted
biologists shall be used; contracted
MMOs must have appropriate security
clearance to board Navy platforms.
(iii) MMOs shall not be placed aboard
Navy platforms for every Navy training
event or major exercise, but during
specifically identified opportunities
deemed appropriate for data collection
efforts. The events selected for MMO
participation shall take into account
safety, logistics, and operational
concerns.
(iv) MMOs shall observe from the
same height above water as the
lookouts.
(v) The MMOs shall not be part of the
Navy’s formal reporting chain of
command during their data collection
efforts; Navy lookouts shall continue to
serve as the primary reporting means
within the Navy chain of command for
marine mammal sightings. The only
exception is that if an animal is
observed within the shutdown zone that
has not been observed by the lookout,
the MMO shall inform the lookout of the
sighting for the lookout to take the
appropriate action through the chain of
command.
(vi) The MMOs shall collect species
identification, behavior, direction of
travel relative to the Navy platform, and
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
distance first observed. All MMO
sighting shall be conducted according to
a standard operating procedure.
(e) Report from Monitoring required
in paragraph (d) of this section. The
Navy shall submit a report annually on
September 1 describing the
implementation and results (through
June 1 of the same year) of the
monitoring required in paragraph (d) of
this section.
(f) JAX Range Complex
Comprehensive Report The Navy shall
submit to NMFS a draft report that
analyzes and summarizes all of the
multi-year marine mammal information
gathered during explosive exercises for
which individual reports are required in
§ 218.14 (e). This report will be
submitted at the end of the fourth year
of the rule (November 2012), covering
activities that have occurred through
June 1, 2012.
(g) The Navy shall respond to NMFS
comments on the draft comprehensive
report if submitted within 3 months of
receipt. The report will be considered
final after the Navy has addressed
NMFS’ comments, or three months after
the submittal of the draft if NMFS does
not comment by then.
(h) The Navy shall respond to NMFS
comments on the draft comprehensive
report if submitted within 3 months of
receipt. The report will be considered
final after the Navy has addressed
NMFS’ comments, or three months after
the submittal of the draft if NMFS does
not comment by then.
§ 218.15 Applications for Letters of
Authorization.
To incidentally take marine mammals
pursuant to these regulations, the U.S.
citizen (as defined by § 216.103 of this
chapter) conducting the activity
identified in § 218.10(a) (the U.S. Navy)
must apply for and obtain either an
initial Letter of Authorization in
accordance with § 218.16 or a renewal
under § 218.17.
§ 218.16
Letters of Authorization.
(a) A Letter of Authorization, unless
suspended or revoked, will be valid for
a period of time not to exceed the period
of validity of this subpart, but must be
renewed annually subject to annual
renewal conditions in § 218.17.
(b) Each Letter of Authorization will
set forth:
(1) Permissible methods of incidental
taking;
(2) Means of effecting the least
practicable adverse impact on the
species, its habitat, and on the
availability of the species for
subsistence uses (i.e., mitigation); and
(3) Requirements for mitigation,
monitoring and reporting.
E:\FR\FM\17DEP1.SGM
17DEP1
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
(c) Issuance and renewal of the Letter
of Authorization will be based on a
determination that the total number of
marine mammals taken by the activity
as a whole will have no more than a
negligible impact on the affected species
or stock of marine mammal(s).
§ 218.17 Renewal of Letters of
Authorization.
(a) A Letter of Authorization issued
under § 216.106 of this chapter and
§ 218.16 for the activity identified in
§ 218.10(c) will be renewed annually
upon:
(1) Notification to NMFS that the
activity described in the application
submitted under § 218.15 will be
undertaken and that there will not be a
substantial modification to the
described work, mitigation or
monitoring undertaken during the
upcoming 12 months;
(2) Timely receipt of the monitoring
reports required under § 218.14(b); and
(3) A determination by the NMFS that
the mitigation, monitoring and reporting
measures required under § 218.13 and
the Letter of Authorization issued under
§ 216.106 of this chapter and § 218.16,
were undertaken and will be undertaken
during the upcoming annual period of
validity of a renewed Letter of
Authorization.
(b) If a request for a renewal of a
Letter of Authorization issued under
§ 216.106 of this chapter and § 218.17
indicates that a substantial modification
to the described work, mitigation or
monitoring undertaken during the
upcoming season will occur, the NMFS
will provide the public a period of 30
days for review and comment on the
request. Review and comment on
renewals of Letters of Authorization are
restricted to:
(1) New cited information and data
indicating that the determinations made
in this document are in need of
reconsideration, and
(2) Proposed changes to the mitigation
and monitoring requirements contained
in these regulations or in the current
Letter of Authorization.
(c) A notice of issuance or denial of
a renewal of a Letter of Authorization
will be published in the Federal
Register.
pwalker on PROD1PC71 with PROPOSALS
§ 218.18 Modifications to Letters of
Authorization.
(a) Except as provided in paragraph
(b) of this section, no substantive
modification (including withdrawal or
suspension) to the Letter of
Authorization by NMFS, issued
pursuant to § 216.106 of this chapter
and § 218.16 and subject to the
provisions of this subpart shall be made
VerDate Aug<31>2005
16:09 Dec 16, 2008
Jkt 217001
until after notification and an
opportunity for public comment has
been provided. For purposes of this
paragraph, a renewal of a Letter of
Authorization under § 218.17, without
modification (except for the period of
validity), is not considered a substantive
modification.
(b) If the Assistant Administrator
determines that an emergency exists
that poses a significant risk to the wellbeing of the species or stocks of marine
mammals specified in § 218.10(b), a
Letter of Authorization issued pursuant
to § 216.106 of this chapter and § 218.16
may be substantively modified without
prior notification and an opportunity for
public comment. Notification will be
published in the Federal Register
within 30 days subsequent to the action.
[FR Doc. E8–29761 Filed 12–16–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–AX25
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands and Gulf of Alaska
Groundfish; Limited Access Privilege
Programs
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendments; request
for comments.
SUMMARY: Amendment 90 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area and Amendment 78
to the Fishery Management Plan for
Groundfish of the Gulf of Alaska would
modify the Fishery Management Plans
(FMPs) to allow unlimited post–delivery
transfers of cooperative quota. This
action is necessary to mitigate potential
overages, reduce enforcement costs, and
provide for more precise total allowable
catch management. This action is
intended to promote the goals and
objectives of the Magnuson–Stevens
Act, the FMPs, and other applicable
laws.
DATES: Comments on the amendment
must be submitted on or before February
17, 2009.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
76605
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by ‘‘RIN 0648–
AX25,’’ by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
FederaleRulemaking Portal website at
https://www.regulations.gov.
• Mail: P. O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
Copies of Amendments 90 and 78, the
Regulatory Impact Review/Initial
Regulatory Flexibility Analyses (RIR/
IRFAs) for this action, and the
Categorical Exclusion prepared for the
amendments may be obtained from the
NMFS Alaska Region at the address
above or from the Alaska Region website
at https://alaskafisheries.noaa.gov. The
proposed rule to implement
Amendments 90 and 78 to the FMPs
was categorically excluded from the
need to prepare an environmental
assessment under the National
Environmental Policy Act.
FOR FURTHER INFORMATION CONTACT:
Glenn Merrill, 907–586–7459, or Julie
Scheurer, 907–586–7356.
SUPPLEMENTARY INFORMATION: The
Magnuson–Stevens Act requires that
each regional fishery management
council submit any fishery management
plan amendment it prepares to NMFS
for review and approval, disapproval, or
partial approval by the Secretary of
Commerce. The Magnuson–Stevens Act
also requires that NMFS, upon receiving
a fishery management plan amendment,
immediately publish a notice in the
Federal Register announcing that the
amendment is available for public
review and comment. This notice
announces that proposed Amendment
90 to the Fishery Management Plan for
E:\FR\FM\17DEP1.SGM
17DEP1
Agencies
[Federal Register Volume 73, Number 243 (Wednesday, December 17, 2008)]
[Proposed Rules]
[Pages 76578-76605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29761]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 218
RIN 0648-AW79
Taking and Importing Marine Mammals; U.S. Navy Training in the
Jacksonville Range Complex
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for
authorization to take marine mammals incidental to training activities
conducted within the Jacksonville (JAX) Range Complex for the period of
April 2009 through April 2014. Pursuant to the Marine Mammal Protection
Act (MMPA), NMFS is proposing regulations to govern that take and
requesting information, suggestions, and comments on these proposed
regulations.
DATES: Comments and information must be received no later than January
16, 2009.
ADDRESSES: You may submit comments, identified by 0648-AW79, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov
Hand delivery or mailing of paper, disk, or CD-ROM
comments should be addressed to Michael Payne, Chief, Permits,
Conservation and Education Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910-3225.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields if you wish to remain anonyous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 137.
SUPPLEMENTARY INFORMATION:
Availability
A copy of the Navy's application may be obtained by writing to the
address specified above (See ADDRESSES), telephoning the contact listed
above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet
at: https://www.nmfs.noaa. gov/pr/permits/incidental. htm. The Navy's
Draft Environmental Impact Statement (DEIS) for the JAX Range Complex
was published on June 27, 2008, and may be viewed at https://
www.JacksonvilleRange ComplexEIS.com. NMFS participated in the
development of the Navy's DEIS as a cooperating agency under the
National Environmental Policy Act (NEPA).
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 small numbers of marine
mammals in specified geographic region by U.S. citizens who engage in a
specified activity (other than commercial fishing) during periods of
not more than five consecutive years each 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 shall 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.
The National Defense Authorization Act of 2004 (NDAA) (Public Law
108-136) removed the ``small numbers'' and ``specified geographical
region'' limitations and amended the definition of ``harassment'' as it
applies to a ``military readiness activity'' to read as follows
(Section 3(18)(B) of the MMPA):
(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 March 17, 2008, NMFS received an application from the Navy
requesting authorization for the take of six species of cetaceans
incidental to the proposed training activities in the JAX Range Complex
over the course of 5 years. On November 7, 2008, the Navy submitted an
Addendum with some modifications to its original requests. These
training activities are classified as military readiness activities.
The Navy states that these training activities may cause various
impacts to marine mammal species in the proposed JAX Range Complex
area. The Navy requests an authorization to take individuals of these
cetacean species by Level B Harassment. Further, the Navy requests
authorization to take 2 individual Atlantic spotted dolphins per year
by injury as a result of the proposed training activities at JAX Range
Complex. Please refer to Table 9 of the document for detailed
information of the potential exposures from explosive ordnance (per
year) for marine mammals in the JAX Range Complex. However, due to the
proposed mitigation and monitoring measures, NMFS believes that the
actual take would be less that estimated.
Background of Navy Request
The Navy's mission is to maintain, train, and equip combat-ready
naval forces capable of winning wars, deterring aggression, and
maintaining freedom of the seas. Section 5062 of Title 10 of the U.S.
Code directs the Chief of Naval Operations to train all naval forces
for combat. The Chief of Naval Operations meets that direction, in
part, by conducting at-sea training exercises and ensuring naval forces
have
[[Page 76579]]
access to ranges, operating areas (OPAREAs) and airspace where they can
develop and maintain skills for wartime missions and conduct research,
development, test, and evaluation (RDT&E) of naval weapons systems.
The JAX Range Complex represents an essential three-dimensional
space that provides a realistic and safe training area for Navy
personnel. For nearly a century the area has supported Navy training
activities, and is now host to a wide range of training every year to
ensure the U.S. military members are ready for combat.
The JAX Study Area geographically encompasses offshore, near-shore,
and onshore OPAREAs, instrumented ranges, and special use airspace
(SUA) located along the southern east coast of the U.S. The two
principal OPAREAs within the JAX Study Area are the Jacksonville OPAREA
and the Charleston OPAREA (sometimes referred to collectively as the
JAX/CHASN OPAREA, or simply the OPAREA). The boundary that separates
the two OPAREAs from one another is located between 31[deg] and 32[deg]
N latitude. The JAX/CHASN OPAREA encompasses much of the South Atlantic
Bight (SAB) (i.e., the marine waters located between Cape Hatteras and
Cape Canaveral).
The JAX/CHASN OPAREA encompasses 50,219 nm\2\ (172,246 km\2\) of
ocean area within the SAB. The western boundary of the JAX/CHASN OPAREA
is located approximately 3 nm (5.56 km) off the southeast U.S. coast.
This shoreward boundary ranges from waters southwest of the New River,
North Carolina to waters just north of the Indian and Banana River
Complex, Florida.
The northernmost point of the JAX/CHASN OPAREA is located just
north of Wilmington, North Carolina (34[deg]37' N) in waters less than
20 m (65.6 ft) deep, while the easternmost boundary lies 281 nm (518.6
km) offshore of Jacksonville, Florida (77[deg]00' W) in waters with a
bottom depth of nearly 2,000 m (6,562 ft). The JAX/CHASN OPAREA is a
set of operating and maneuver areas with defined air, ocean surface,
and subsurface areas described in detail in Table 1 of the Navy's LOA
application.
A Warning Area is airspace of defined dimensions, extending from 3
nm (5.56 km) outward from the coast of the U.S., which contains
activity that may be hazardous to nonparticipating aircraft. The
purpose of such warning areas is to warn nonparticipating pilots of the
potential danger. A warning area may be located over domestic or
international waters or both.
Description of the Specified Activities
In the application submitted to NMFS, the Navy requests an
authorization to take marine mammals incidental to conducting training
operations within the JAX Range Complex. These training activities
consist of surface warfare, mine warfare, amphibious warfare, vessel
movement, and small arms training. The locations of these activities
are described in Figure 1 of the application. A description of each of
these training activities within the JAX Range Complex is provided
below:
Surface Warfare
Surface Warfare (SUW) supports defense of a geographical area
(e.g., a zone or barrier) or friendly ships underway in cooperation
with surface, subsurface, and air forces. SUW operations detect,
localize, and track surface targets, primarily ships. Hostile small
craft and ships are detected and monitored visually and with electronic
sensors. Operations include identifying surface contacts, engaging with
weapons, disengaging, evasion and avoiding attack, including
implementation of radio silence and deceptive measures.
For the proposed JAX Range Complex training operations, SUW
involving the use of explosive ordnance includes air-to-surface Missile
Exercises that occur at sea.
Missile Exercise (Air-to-Surface) (MISSILEX (A-S)): This exercise
would involve fixed winged aircraft and helicopter launching missiles
at targets on the ocean's surface with the goal of destroying or
disabling the target. MISSILEX (A-S) training in JAX Range Complex can
occur during the day or at night in locations described in Figure 1 of
the LOA application. Table 1 below summarizes the levels of MISSILEX
planned in the JAX Range Complex for the proposed action.
Table 1. Levels of MISSILEX Planned in the JAX Range Complex Per Year
----------------------------------------------------------------------------------------------------------------
Operation Platform System/Ordnance Number of Events
----------------------------------------------------------------------------------------------------------------
Missile Exercise (MISSILEX) MH-60R/S, SH-60B, HH-60H AGM-114 (Hellfire 70 sorties (70 missiles)
(Air to Surface) missile)
--------------------------------------------------------------------------------
P-3C, and P-8A AGM-65 (Maverick missile) 3 sorties (3 missiles)
----------------------------------------------------------------------------------------------------------------
Mine Warfare/Mine Exercises
Mine Warfare (MIW) includes the strategic, operational, and
tactical use of mines and mine countermine measures (MCM). MIW training
events are also collectively referred to as Mine Exercises (MINEX). MIW
training/MINEX utilizes shapes to simulate mines. These shapes are
either concrete-filled shapes or metal shapes. No actual explosive
mines are used during MIW training in the JAX Range Complex study area.
MIW training or MINEX is divided into the following.
(1) Mine laying: Crews practice the laying of mine shapes in
simulated enemy areas;
(2) Mine countermeasures: Crews practice ``countering'' simulated
enemy mines to permit the maneuver of friendly vessels and troops.
``Countering'' refers to both the detection and identification of enemy
mines, the marking and maneuver of vessels and troops around identified
enemy mines and mine fields, and the disabling of enemy mines. A subset
of mine countermeasures is mine neutralization. Mine neutralization
refers to the disabling of enemy mines by causing them to self-detonate
either by setting a small explosive charge in the vicinity of the enemy
mine, or by using various types of equipment that emit a sound,
pressure, or a magnetic field that causes the mine to trip and self-
detonate. In all cases, actual explosive (live) mines would not be used
during training events. Rather, mine shapes are used to simulate real
enemy mines. In the JAX Study Area, MIW training/MINEX events include
the use of explosive charges for one type of mine countermeasures and
neutralization training: underwater detonations of mine shapes by
Explosive Ordnance Disposal (EOD) divers. Table 2 below summarizes the
levels of mine warfare/mine exercises planned in the JAX Range Complex
for the proposed action.
[[Page 76580]]
Table 2. Levels of Mine Warfare/Mine Exercises Planned in the JAX Range Complex Per Year
----------------------------------------------------------------------------------------------------------------
Number of Events (each
Operation Platform System/Ordnance event include 1 charge)
----------------------------------------------------------------------------------------------------------------
Mine Neutralization EOD 20 lb charges 12 events
----------------------------------------------------------------------------------------------------------------
EOD personnel detect, identify, evaluate, and neutralize mines. The
EOD mission during training is to locate and neutralize mine shapes
after they are initially located by another source, such as an MCM or
MHC class ship or an MH-53 or MH-60 helicopter. For underwater
detonations, EOD divers are deployed from a ship or small boat to
practice neutralizing a mine shape underwater. The neutralization
exercise in the water is normally done with an explosive charge of 5-,
10- or 20-lbs NEW. The initiation of the charge is controlled remotely
by EOD personnel. If the mine shape were an actual mine, it would
explode due to the pressure and energy exerted in the water from the
smaller EOD explosive charge. This training is conducted only during
day light hours in the JAX Study Area.
Amphibious Warfare
Amphibious Warfare (AMW) involves the utilization of naval
firepower and logistics in combination with U.S. Marine Corps landing
forces to project military power ashore. AMW encompasses a broad
spectrum of operations involving maneuver from the sea to objectives
ashore, ranging from shore assaults, boat raids, ship-to-shore
maneuver, shore bombardment and other naval fire support, and air
strike and close air support training. AMW that involves the use of
explosive ordnance is limited to Firing Exercises (FIREX).
During a FIREX, surface ships use their main battery guns to fire
from sea at land targets in support of military forces ashore. On the
east coast, the land ranges where FIREX training can take place are
limited. Therefore, land masses are simulated during east coast FIREX
training using the Integrated Maritime Portable Acoustic Scoring and
Simulation System (IMPASS) system, a system of buoys that simulate a
land mass. FIREX training using IMPASS would occur only during daylight
hours in the locations described in Figure 1 of the LOA application.
Table 3 below summarizes the levels of FIREX with IMPASS planned in the
JAX Range Complex for the proposed action.
Table 3. Levels of FIREX with IMPASS Planned in the JAX Range Complex Per Year
----------------------------------------------------------------------------------------------------------------
Number of Events (each
Operation Platform System/Ordnance event include 1 charge)
----------------------------------------------------------------------------------------------------------------
FIREX with IMPASS CG, DDG 5'' gun (IMPASS 10 events
(390 rounds)
----------------------------------------------------------------------------------------------------------------
Vessel Movement
Vessel movements are associated with most activities under the
training operations in the JAX Study Area. This involves transiting to
and from port to the JAX Range Complex as well as vessel movements
into, within, and through the range complex. Some training operations
are strictly vessel movements such as Man Overboard Drills, Tow/Be
Towed Exercises, Underway Replenishment, Aircraft Carrier Flight
Operations, and use of the transit lanes by submarines when surfaced;
these types of operations are all analyzed under the impacts from
vessel movement. The Navy estimates approximately 1,050 steaming days
in the JAX Range Complex. This also includes non-training related
vessel movements which are unpredictable as to their occurrence in a
year such as, but not limited to, storm evasion, deployment transits,
and movements in the basin to rearrange for repairs/berthing/loading/
off-loading from designated piers. An estimate of steaming days per
year was computed by summing the number of steaming hours proposed in
each range complex, dividing by 24 hours per day, and rounding to the
nearest 10 days.
Small Arms Training Explosive hand grenades (such as the MK3A2
grenades)
Small arms training is part of quarterly reservist training for the
Mobile Expeditionary Security Group (MESG). The MESG trains with MK3A2
(0.5-lb NEW) anti-swimmer concussion grenades. The MK3A2 grenades are
small and contain high explosives in an inert metal or plastic shell.
They detonate at about 3 m (9.8 ft) under the water's surface within 4
to 5 seconds of being deployed. The detonation depth may be shallower
depending upon the speed of the boat at the time the grenade is
deployed. Table 4 below summarizes the levels of small arms training
planned in the JAX Range Complex for the proposed action.
Table 4. Levels of Small Arms Training Planned in the JAX Range Complex Per Year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Events (each
Operation Platform System/Ordnance Event Duration event include 1 charge)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Arms Training (explosive Maritime Expeditionary MK3A2 anti-swimmer grenades 1-2 hours 96 events
hand grenades) Support Group (Various (HE) (80 grenades)
Small Boats)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A number of different types of boats would be used depending on the
unit using the boat and their mission. Boats are mostly used by Naval
Special Warfare (NSW) teams and Navy Expeditionary Combat Command
(NECC) units (Naval Coastal Warfare, Inshore Boat Units, Mobile
Security Detachments, Explosive Ordnance
[[Page 76581]]
Disposal, and Riverine Forces). These units would be used to protect
ships in harbors and high value units, such as aircraft carriers,
nuclear submarines, liquid natural gas tankers, etc., while entering
and leaving ports, as well as to conduct riverine operations, insertion
and extractions, and various naval special warfare operations.
The boats used by these units include: Small Unit River Craft
(SURC), Combat Rubber Raiding Craft (CRRC), Rigid Hull Inflatable Boats
(RHIB), Patrol Craft, and many other versions of these types of boats.
These boats would use inboard or outboard, diesel or gasoline engines
with either propeller or water jet propulsion.
This exercise is usually a live-fire exercise, but at times blanks
may be used so boat crews can practice their ship-handling skills for
the employment of weapons without being concerned with the safety
requirements involved with HE weapons.
(1) Basic Phase (Unit Level Training) Scenario:
Boat crews may use high or low speeds to approach and engage
targets simulating swimmers with anti-swimmer concussion grenades.
(2) Integrated and Sustainment Phase Training Scenarios:
Typically do not differ from the Basic Phase Scenario, except for
additional command and control coordination involved.
(3) Training Considerations
The purpose of this exercise is to develop marksmanship skills and
small boat ship-handling tactics skills required to employ these
weapons. Training usually lasts 1-2 hours.
Description of Marine Mammals in the Area of the Specified Activities
There are 29 marine mammal species with possible or confirmed
occurrence in the JAX Range Complex. As indicated in Table 5, all of
them are cetacean species (7 mysticetes and 22 odontocetes). Table 5
also includes the federal status of these marine mammal species. Six
marine mammal species listed as federally endangered under the
Endangered Species Act (ESA) occur in the JAX Range Complex: the
humpback whale, North Atlantic right whale, sei whale, fin whale, blue
whale, and sperm whale.
Table 5. Marine Mammal Species Found in the JAX Range Complex
----------------------------------------------------------------------------------------------------------------
Family and Scientific Name Common Name Federal Status
----------------------------------------------------------------------------------------------------------------
Order Cetacea
-----------------------------------------
Suborder Mysticeti (baleen whales)
-----------------------------------------
Eubalaena glacialis North Atlantic right whale Endangered
----------------------------------------------------------------------------------------------------------------
Megaptera novaeangliae Humpback whale Endangered
----------------------------------------------------------------------------------------------------------------
Balaenoptera acutorostrata Minke whale ..................................
----------------------------------------------------------------------------------------------------------------
B. brydei Bryde's whale ..................................
----------------------------------------------------------------------------------------------------------------
B. borealis Sei whale Endangered
----------------------------------------------------------------------------------------------------------------
B. physalus Fin whale Endangered
----------------------------------------------------------------------------------------------------------------
B. musculus Blue whale Endangered
----------------------------------------------------------------------------------------------------------------
Suborder Odontoceti (toothed whales)
-----------------------------------------
Physeter macrocephalus Sperm whale Endangered
----------------------------------------------------------------------------------------------------------------
Kogia breviceps Pygmy sperm whale ..................................
----------------------------------------------------------------------------------------------------------------
K. sima Dwarf sperm whale ..................................
----------------------------------------------------------------------------------------------------------------
Ziphius cavirostris Cuvier's beaked whale ..................................
----------------------------------------------------------------------------------------------------------------
Mesoplodon minus True's beaked whale ..................................
----------------------------------------------------------------------------------------------------------------
M. europaeus Gervais' beaked whale ..................................
----------------------------------------------------------------------------------------------------------------
M. densirostris Blainville's beaked whale ..................................
----------------------------------------------------------------------------------------------------------------
Steno bredanensis Rough-toothed dolphin ..................................
----------------------------------------------------------------------------------------------------------------
Tursiops truncatus Bottlenose dolphin ..................................
----------------------------------------------------------------------------------------------------------------
Stenella attenuata Pantropical spotted dolphin ..................................
----------------------------------------------------------------------------------------------------------------
S. frontalis Atlantic spotted dolphin ..................................
----------------------------------------------------------------------------------------------------------------
S. longirostris Spinner dolphin ..................................
----------------------------------------------------------------------------------------------------------------
S. clymene Clymene dolphin ..................................
----------------------------------------------------------------------------------------------------------------
S. coeruleoalba Striped dolphin ..................................
----------------------------------------------------------------------------------------------------------------
Delphinus delphis Common dolphin ..................................
----------------------------------------------------------------------------------------------------------------
[[Page 76582]]
Lagenodephis hosei Fraser's dolphin ..................................
----------------------------------------------------------------------------------------------------------------
Grampus griseus Risso's dolphin ..................................
----------------------------------------------------------------------------------------------------------------
Peponocephala electra Melon-headed whale ..................................
----------------------------------------------------------------------------------------------------------------
Feresa attenuata Pygmy killer whale ..................................
----------------------------------------------------------------------------------------------------------------
Pseudorca crassidens False killer whale ..................................
----------------------------------------------------------------------------------------------------------------
Orcinus orca Killer whale ..................................
----------------------------------------------------------------------------------------------------------------
G. macrorhynchus Short-finned pilot whale ..................................
----------------------------------------------------------------------------------------------------------------
The information contained herein relies heavily on the data
gathered in the Marine Resource Assessments (MRAs). The Navy MRA
Program was implemented by the Commander, Fleet Forces Command, to
initiate collection of data and information concerning the protected
and commercial marine resources found in the Navy's OPAREAs.
Specifically, the goal of the MRA program is to describe and document
the marine resources present in each of the Navy's OPAREAs. The MRA for
the JAX/CHASN OPAREA was recently updated in 2008 (DoN, 2008).
The MRA data were used to provide a regional context for each
species. The MRA represents a compilation and synthesis of available
scientific literature (e.g., journals, periodicals, theses,
dissertations, project reports, and other technical reports published
by government agencies, private businesses, or consulting firms), and
NMFS reports including stock assessment reports, recovery plans, and
survey reports.
The density estimates that were used in previous Navy environmental
documents have been recently updated to provide a compilation of the
most recent data and information on the occurrence, distribution, and
density of marine mammals. The updated density estimates used for the
analyses are derived from the Navy OPAREA Density Estimates (NODE) for
the Southeast OPAREAS report (DON, 2007).
Density estimates for cetaceans were either modeled using available
line-transect survey data or derived using available data in order of
preference: (1) through spatial models using line-transect survey data
provided by NMFS; (2) using abundance estimates from Mullin and Fulling
(2003); (3) or based on the cetacean abundance estimates found in the
most current NMFS stock assessment report (SAR) (Waring et al., 2007),
which can be viewed at: https://www.nmfs.noaa.gov/pr/sars/species.htm.
For the model-based approach, density estimates were calculated for
each species within areas containing survey effort. A relationship
between these density estimates and the associated
environmental parameters such as depth, slope, distance from the
shelf break, sea surface temperature, and chlorophyll a concentration
was formulated using generalized additive models. This relationship was
then used to generate a two-dimensional density surface for the region
by predicting densities in areas where no survey data exist.
The analyses for cetaceans were based on sighting data collected
through shipboard surveys conducted by NMFS-Northeast Fisheries Science
Center (NEFSC) and Southeast Fisheries Science Center (SEFSC) between
1998 and 2005. Species-specific density estimates derived through
spatial modeling were compared with abundance estimates found in the
most current NMFS SAR to ensure consistency. All spatial models and
density estimates were reviewed by and coordinated with NMFS Science
Center technical staff and scientists with the University of St.
Andrews, Scotland, Centre for Environmental and Ecological Modeling
(CREEM). For a more detailed description of the methodology involved in
calculating the density estimates provided in this LOA, please refer to
the NODE report for the Southeast (DON 2007).
Potential Impacts to Marine Mammal Species
The Navy considers that explosions associated with MISSILEX, FIREX,
MINEX, and Small Arms Training (explosive hand grenades) are the
activities with the potential to result in Level A or Level B
harassment of marine mammals. Vessel strikes were also analyzed for
potential affect to marine mammals.
Vessel Strikes
Ship strikes are known to affect large whales and sirenians in the
JAX Study Area. The most vulnerable marine mammals are those that spend
extended periods of time at the surface in order to restore oxygen
levels within their tissues after deep dives (e.g., the sperm whale).
In addition, some baleen whales, such as the North Atlantic right whale
seem generally unresponsive to vessel sound, making them more
susceptible to vessel collisions (Nowacek et al., 2004). These species
are primarily large, slow moving whales. Smaller marine mammals, for
example, Atlantic bottlenose and Atlantic spotted dolphins-move quickly
throughout the water column and are often seen riding the bow wave of
large ships. Marine mammal responses to vessels may include avoidance
and changes in dive pattern (NRC, 2003).
After reviewing historical records and computerized stranding
databases for evidence of ship strikes involving baleen and sperm
whales, Laist et al. (2001) found that accounts of large whale ship
strikes involving boats operated by engines in the area date back to at
least the late 1800s. Ship collisions remained infrequent until the
1950s, after which point they increased. Laist et al. (2001) report
that both the number and speed of motorized vessels have increased over
time for trans-Atlantic passenger services, which transit through the
area. They concluded that most strikes occur over or near the
continental shelf, that ship strikes likely have a negligible effect on
the status of most whale populations, but that for small populations or
segments of populations the impact of ship strikes may be significant.
Although ship strikes may result in the mortality of a limited
number of whales within a population or stock,
[[Page 76583]]
Laist et al. (2001) also concluded that, when considered in combination
with other human-related mortalities in the area (e.g., entanglement in
fishing gear), these ship strikes may present a concern for whale
populations.
Of 11 species known to be hit by ships, fin whales are struck most
frequently; followed by right whales, humpback whales, sperm whales,
and gray whales (Laist et al., 2001). In some areas, one-third of all
fin whale and right whale strandings appear to involve ship strikes.
Sperm whales spend long periods (typically up to 10 minutes; Jacquet et
al., 1996) ``rafting'' at the surface between deep dives. There were
also instances in which sperm whales approached vessels too closely and
were cut by the propellers (NMFS, 2006).
The east coast is a principal migratory corridor for North Atlantic
right whales that travel between the calving/nursery areas in the
Southeastern United States and feeding grounds in the northeast U.S.
and Canada. Transit to the Study Area from mid-Atlantic ports requires
Navy vessels to cross the migratory route of North Atlantic right
whales. Southward right whale migration generally occurs from mid- to
late November, although some right whales may arrive off the Florida
coast in early November and stay into late March (Kraus et al., 1993).
The northbound migration generally takes place between January and late
March. Data indicate that during the spring and fall migration, right
whales typically occur in shallow water immediately adjacent to the
coast, with over half the sightings (63 percent) occurring within 18.5
km (10 NM), and 94.1 percent reported within 55 km (30 NM) of the
coast. Given the low abundance of North Atlantic right whales relative
to other species, the frequency of occurrence of vessel collisions to
right whales suggests that the threat of ship strikes is proportionally
greater to this species (Jensen and Silber, 2003). Therefore, in 2008,
NMFS published a final rule concerning right whale vessel collision
reduction strategy and established operational measures for the
shipping industry to reduce the potential for large vessel collisions
with North Atlantic right whales while transiting to and from mid-
Atlantic ports during right whale migratory periods (73 FR 60173;
October 10, 2008). Recent studies of right whales have shown that these
whales tend to lack a response to the sounds of oncoming vessels
(Nowacek et al., 2004). Although Navy vessel traffic generally
represents only 2 - 3 percent of overall large vessel traffic, based on
this biological characteristic and the presence of critical Navy ports
along the whales' mid-Atlantic migratory corridor, the Navy was the
first Federal agency to proactively adopt additional mitigation
measures for transits in the vicinity of mid-Atlantic ports during
right whale migration. For purposes of these measures, the mid-Atlantic
is defined broadly to include ports south and east of Block Island
Sound southward to South Carolina.
Accordingly, the Navy has proposed mitigation measures to reduce
the potential for collisions with surfaced marine mammals (for more
details refer to Proposed Mitigation Measures below). Based on the
implementation of Navy mitigation measures, especially during times of
anticipated right whale occurrence, and the relatively low density of
Navy ships in the Study Area the likelihood that a vessel collision
would occur is very low.
Assessment of Marine Mammal Response to Anthropogenic Sound
Marine mammals respond to various types of anthropogenic sounds
introduced in the ocean environment. Responses are typically subtle and
can include shorter surfacings, shorter dives, fewer blows per
surfacing, longer intervals between blows (breaths), ceasing or
increasing vocalizations, shortening or lengthening vocalizations, and
changing frequency or intensity of vocalizations (NRC, 2005). However,
it is not known how these responses relate to significant effects
(e.g., long-term effects or population consequences). The following is
an assessment of marine mammal responses and disturbances when exposed
to anthropogenic sound.
I. Physiology
Potential impacts to the auditory system are assessed by
considering the characteristics of the received sound (e.g., amplitude,
frequency, duration) and the sensitivity of the exposed animals. Some
of these assessments can be numerically based (e.g., temporary
threshold shift [TTS] of hearing sensitivity, permanent threshold shift
[PTS] of hearing sensitivy, perception). Others will be necessarily
qualitative, due to a lack of information, or will need to be
extrapolated from other species for which information exists.
Potential physiological responses to the sound exposure are ranked
in descending order, with the most severe impact (auditory trauma)
occurring at the top and the least severe impact occurring at the
bottom (the sound is not perceived).
Auditory trauma represents direct mechanical injury to hearing
related structures, including tympanic membrane rupture,
disarticulation of the middle ear ossicles, and trauma to the inner ear
structures such as the organ of Corti and the associated hair cells.
Auditory trauma is always injurious and could result in PTS. Auditory
trauma is always assumed to result in a stress response.
Auditory fatigue refers to a loss of hearing sensitivity after
sound stimulation. The loss of sensitivity persists after, sometimes
long after, the cessation of the sound. The mechanisms responsible for
auditory fatigue differ from auditory trauma and would primarily
consist of metabolic exhaustion of the hair cells and cochlear tissues.
The features of the exposure (e.g., amplitude, frequency, duration,
temporal pattern) and the individual animal's susceptibility would
determine the severity of fatigue and whether the effects were
temporary (TTS) or permanent (PTS). Auditory fatigue (PTS or TTS) is
always assumed to result in a stress response.
Sounds with sufficient amplitude and duration to be detected among
the background ambient noise are considered to be perceived. This
category includes sounds from the threshold of audibility through the
normal dynamic range of hearing (i.e., not capable of producing
fatigue).
To determine whether an animal perceives the sound, the received
level, frequency, and duration of the sound are compared to what is
known of the species' hearing sensitivity.
Since audible sounds may interfere with an animal's ability to
detect other sounds at the same time, perceived sounds have the
potential to result in auditory masking. Unlike auditory fatigue, which
always results in a stress response because the sensory tissues are
being stimulated beyond their normal physiological range, masking may
or may not result in a stress response, depending on the degree and
duration of the masking effect. Masking may also result in a unique
circumstance where an animal's ability to detect other sounds is
compromised without the animal's knowledge. This could conceivably
result in sensory impairment and subsequent behavior change; in this
case, the change in behavior is the lack of a response that would
normally be made if sensory impairment did not occur. For this reason,
masking also may lead directly to behavior change without first causing
a stress response.
The features of perceived sound (e.g., amplitude, duration,
temporal pattern) are also used to judge whether the sound exposure is
capable of producing a stress response. Factors to consider in
[[Page 76584]]
this decision include the probability of the animal being naive or
experienced with the sound (i.e., what are the known/unknown
consequences of the exposure).
The received level is not of sufficient amplitude, frequency, and
duration that is perceptible by the animal, by extension, this does not
result in a stress response (not perceived). Potential impacts to
tissues other than those related to the auditory system are assessed by
considering the characteristics of the sound (e.g., amplitude,
frequency, duration) and the known or estimated response
characteristics of nonauditory tissues. Some of these assessments can
be numerically based. Others will be necessarily qualitative, due to
lack of information. Each of the potential responses may or may not
result in a stress response.
Direct tissue effects - Direct tissue responses to sound
stimulation may range from tissue shearing (injury) to mechanical
vibration with no resulting injury. Any tissue injury would produce a
stress response, whereas noninjurious stimulation may or may not.
No tissue effects - The received sound is insufficient to cause
either direct (mechanical) or indirect effects to tissues. No stress
response occurs.
II. The Stress Response
The acoustic source is considered a potential stressor if, by its
action on the animal, via auditory or nonauditory means, it may produce
a stress response in the animal. The term ``stress'' has taken on an
ambiguous meaning in the scientific literature, but with respect to the
later discussions of allostasis and allostatic loading, the stress
response will refer to an increase in energetic expenditure that
results from exposure to the stressor and which is predominantly
characterized by either the stimulation of the sympathetic nervous
system (SNS) or the hypothalamic-pituitary-adrenal (HPA) axis (Reeder
and Kramer, 2005). The SNS response to a stressor is immediate and
acute and is characterized by the release of the catecholamine
neurohormones norepinephrine and epinephrine (i.e., adrenaline). These
hormones produce elevations in the heart and respiration rate, increase
awareness, and increase the availability of glucose and lipids for
energy. The HPA response is ultimately defined by increases in the
secretion of the glucocorticoid steroid hormones, predominantly
cortisol in mammals. The amount of increase in circulating
glucocorticoids above baseline may be an indicator of the overall
severity of a stress response (Hennessy et al., 1979). Each component
of the stress response is variable in time; e.g., adrenalines are
released nearly immediately and are used or cleared by the system
quickly, whereas cortisol levels may take long periods of time to
return to baseline.
The presence and magnitude of a stress response in an animal
depends on a number of factors. These include the animal's life history
stage (e.g., neonate, juvenile, adult), the environmental conditions,
reproductive or developmental state, and experience with the stressor.
Not only will these factors be subject to individual variation, but
they will also vary within an individual over time. In considering
potential stress responses of marine mammals to acoustic stressors,
each of these should be considered. For example, is the acoustic
stressor in an area where animals engage in breeding activity? Are
animals in the region resident and likely to have experience with the
stressor (i.e., repeated exposures)? Is the region a foraging ground or
are the animals passing through as transients? What is the ratio of
young (naive) to old (experienced) animals in the population? It is
unlikely that all such questions can be answered from empirical data;
however, they should be addressed in any qualitative assessment of a
potential stress response as based on the available literature.
The stress response may or may not result in a behavioral change,
depending on the characteristics of the exposed animal. However,
provided a stress response occurs, we assume that some contribution is
made to the animal's allostatic load. Allostasis is the ability of an
animal to maintain stability through change by adjusting its physiology
in response to both predictable and unpredictable events (McEwen and
Wingfield, 2003). The same hormones associated with the stress response
vary naturally throughout an animal's life, providing support for
particular life history events (e.g., pregnancy) and predictable
environmental conditions (e.g., seasonal changes). The allostatic load
is the cumulative cost of allostasis incurred by an animal and is
generally characterized with respect to an animal's energetic
expenditure. Perturbations to an animal that may occur with the
presence of a stressor, either biological (e.g., predator) or
anthropogenic (e.g., construction), can contribute to the allostatic
load (Wingfield, 2003). Additional costs are cumulative and additions
to the allostatic load over time may contribute to reductions in the
probability of achieving ultimate life history functions (e.g.,
survival, maturation, reproductive effort and success) by producing
pathophysiological states (conditions associated with disease or
injury). The contribution to the allostatic load from a stressor
requires estimating the magnitude and duration of the stress response,
as well as any secondary contributions that might result from a change
in behavior.
If the acoustic source does not produce tissue effects, is not
perceived by the animal, or does not produce a stress response by any
other means, we assumes that the exposure does not contribute to the
allostatic load. Additionally, without a stress response or auditory
masking, it is assumed that there can be no behavioral change.
Conversely, any immediate effect of exposure that produces an injury is
assumed to also produce a stress response and contribute to the
allostatic load.
III. Behavior
Changes in marine mammal behavior are expected to result from an
acute stress response. This expectation is based on the idea that some
sort of physiological trigger must exist to change any behavior that is
already being performed. The exception to this rule is the case of
auditory masking. The presence of a masking sound may not produce a
stress response, but may interfere with the animal's ability to detect
and discriminate biologically relevant signals. The inability to detect
and discriminate biologically relevant signals hinders the potential
for normal behavioral responses to auditory cues and is thus considered
a behavioral change.
Impulsive sounds from explosions have very short durations as
compared to other sounds like sonar or ship noise, which are more
likely to produce auditory masking. Additionally the explosive sources
analyzed in this document are used infrequently and the training events
are typically of short duration. Therefore, the potential for auditory
masking is unlikely and no impacts to marine mammals due to auditory
masking are anticipated due to implementing the proposed action.
Numerous behavioral changes can occur as a result of stress
response. For each potential behavioral change, the magnitude in the
change and the severity of the response needs to be estimated. Certain
conditions, such as stampeding (i.e., flight response) or a response to
a predator, might have a probability of resulting in injury. For
example, a flight response, if significant enough, could produce a
stranding event. Each altered behavior may also have the potential to
disrupt
[[Page 76585]]
biologically significant events (e.g., breeding or nursing) and may
need to be classified as Level B harassment. All behavioral disruptions
have the potential to contribute to the allostatic load. This secondary
potential is signified by the feedback from the collective behaviors to
allostatic loading.
IV. Life Function
IV.1. Proximate Life Functions
Proximate life history functions are the functions that the animal
is engaged in at the time of acoustic exposure. The disruption of these
functions, and the magnitude of the disruption, is something that must
be considered in determining how the ultimate life history functions
are affected. Consideration of the magnitude of the effect to each of
the proximate life history functions is dependent upon the life stage
of the animal. For example, an animal on a breeding ground which is
sexually immature will suffer relatively little consequence to
disruption of breeding behavior when compared to an actively displaying
adult of prime reproductive age.
IV.2. Ultimate Life Functions
The ultimate life functions are those that enable an animal to
contribute to the population (or stock, or species, etc.). The impact
to ultimate life functions will depend on the nature and magnitude of
the perturbation to proximate life history functions. Depending on the
severity of the response to the stressor, acute perturbations may have
nominal to profound impacts on ultimate life functions. For example,
unit-level use of sonar by a vessel transiting through an area that is
utilized for foraging, but not for breeding, may disrupt feeding by
exposed animals for a brief period of time. Because of the brevity of
the perturbation, the impact to ultimate life functions may be
negligible. By contrast, weekly training over a period of years may
have a more substantial impact because the stressor is chronic.
Assessment of the magnitude of the stress response from the chronic
perturbation would require an understanding of how and whether animals
acclimate to a specific, repeated stressor and whether chronic
elevations in the stress response (e.g., cortisol levels) produce
fitness deficits.
The proximate life functions are loosely ordered in decreasing
severity of impact. Mortality (survival) has an immediate effect, in
that no future reproductive success is feasible and there is no further
addition to the population resulting from reproduction. Severe injuries
may also lead to reduced survivorship (longevity) and prolonged
alterations in behavior. The latter may further affect an animal's
overall reproductive success and reproductive effort. Disruptions of
breeding have an immediate impact on reproductive effort and may impact
reproductive success. The magnitude of the effect will depend on the
duration of the disruption and the type of behavior change that was
provoked. Disruptions to feeding and migration can affect all of the
ultimate life functions; however, the impacts to reproductive effort
and success are not likely to be as severe or immediate as those
incurred by mortality and breeding disruptions.
Explosive Ordnance Exposure Analysis
The underwater explosion from a weapon would send a shock wave and
blast noise through the water, release gaseous by-products, create an
oscillating bubble, and cause a plume of water to shoot up from the
water surface. The shock wave and blast noise are of most concern to
marine animals. The effects of an underwater explosion on a marine
mammal depends on many factors, including the size, type, and depth of
both the animal and the explosive charge; the depth of the water
column; and the standoff distance between the charge and the animal, as
well as the sound propagation properties of the environment. Potential
impacts can range from brief effects (such as behavioral disturbance),
tactile perception, physical discomfort, slight injury of the internal
organs and the auditory system, to death of the animal (Yelverton et
al., 1973; O'Keeffe and Young, 1984; DoN, 2001). Non-lethal injury
includes slight injury to internal organs and the auditory system;
however, delayed lethality can be a result of individual or cumulative
sublethal injuries (DoN, 2001). Immediate lethal injury would be a
result of massive combined trauma to internal organs as a direct result
of proximity to the point of detonation (DoN, 2001). Generally, the
higher the level of impulse and pressure level exposure, the more
severe the impact to an individual.
Injuries resulting from a shock wave take place at boundaries
between tissues of different density. Different velocities are imparted
to tissues of different densities, and this can lead to their physical
disruption. Blast effects are greatest at the gas-liquid interface
(Landsberg, 2000). Gas-containing organs, particularly the lungs and
gastrointestinal tract, are especially susceptible (Goertner, 1982;
Hill, 1978; Yelverton et al., 1973). In addition, gas-containing organs
including the nasal sacs, larynx, pharynx, trachea, and lungs may be
damaged by compression/expansion caused by the oscillations of the
blast gas bubble (Reidenberg and Laitman, 2003). Intestinal walls can
bruise or rupture, with subsequent hemorrhage and escape of gut
contents into the body cavity. Less severe gastrointestinal tract
injuries include contusions, petechiae (small red or purple spots
caused by bleeding in the skin), and slight hemorrhaging (Yelverton et
al., 1973).
Because the ears are the most sensitive to pressure, they are the
organs most sensitive to injury (Ketten, 2000). Sound-related damage
associated with blast noise can be theoretically distinct from injury
from the shock wave, particularly farther from the explosion. If an
animal is able to hear a noise, at some level it can damage its hearing
by causing decreased sensitivity (Ketten, 1995) (see Assessment of
Marine Mammal Response to Anthropogenic Sound section below). Sound-
related trauma can be lethal or sublethal. Lethal impacts are those
that result in immediate death or serious debilitation in or near an
intense source and are not, technically, pure acoustic trauma (Ketten,
1995). Sublethal impacts include hearing loss, which is caused by
exposures to perceptible sounds. Severe damage (from the shock wave) to
the ears includes tympanic membrane rupture, fracture of the ossicles,
damage to the cochlea, hemorrhage, and cerebrospinal fluid leakage into
the middle ear. Moderate injury implies partial hearing loss due to
tympanic membrane rupture and blood in the middle ear. Permanent
hearing loss also can occur when the hair cells are damaged by one very
loud event, as well as by prolonged exposure to a loud noise or chronic
exposure to noise. The level of impact from blasts depends on both an
animal's location and, at outer zones, on its sensitivity to the
residual noise (Ketten, 1995).
The exercises that use explosives in this request include: FIREX
with IMPASS, MISSILEX, MINEX, and Small Arms Training (explosive hand
grenades). Table 6 summarizes the number of events (per year by season)
and specific areas where each occurs for each type of explosive
ordnance used. For most of the operations, there is no difference in
how many events take place between the different seasons. Fractional
values are a result of evenly distributing the annual totals over the
four seasons. For example, there are 70 Hellfire events per year that
can take place in MLTR during any season, so
[[Page 76586]]
there are 17.5 events modeled for each season.
Table 6. Number of Explosive Events within the JAX Range Complex
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sub-Area Ordnance Winter Spring Summer Fall Annual Totals
--------------------------------------------------------------------------------------------------------------------------------------------------------
MISSILEX ................... ................... .................. .................. 73
--------------------------------------------------------------------------------------------------------------------------------------------------------
MLTR Hellfire 17.5 17.5 17.5 17.5 ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
MLTR Maverick 0.75 0.75 0.75 0.75 ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
FIREX ................... ................... .................. .................. 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
BB, CC 5'' rounds 0** 0** 20 5 ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
MINEX ................... ................... .................. .................. 12
--------------------------------------------------------------------------------------------------------------------------------------------------------
UNDET North 20 LB 1.25 1.25 1.25 1.25 ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
UNDET South 20 LB 1.25 1.25 1.25 1.25 ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Arms Training ................... ................... .................. .................. 80
--------------------------------------------------------------------------------------------------------------------------------------------------------
UNDET North MK3A2 anti-swimmer 10 10 10 10 ..................
concussion grenade
(0.5 lbs NEW)
--------------------------------------------------------------------------------------------------------------------------------------------------------
UNDET South MK3A2 anti-swimmer 10 10 10 10 ..................
concussion grenade
(0.5 lbs NEW)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* See Figure 1 of the LOA application for the location of sub-areas.
** In accordance with the current biological opinion for the Southeast, no live FIREX is conducted during North atlantic right whale calving season
(December 1 - March 31) and therefore no modeling was completed for the winter and spring season.
Acoustic Environment
Sound propagation (the spreading or attenuation of sound) in the
oceans of the world is affected by several environmental factors: water
depth, variations in sound speed within the water column, surface
roughness, and the geo-acoustic properties of the ocean bottom. These
parameters can vary widely with location.
Four types of data are used to define the acoustic environment for
each analysis site:
Seasonal Sound Velocity Profiles (SVP) - Plots of propagation speed
(velocity) as a function of depth, or SVPs, are a fundamental tool used
for predicting how sound will travel. Seasonal SVP averages were
obtained for each training area.
Seabed Geo-acoustics - The type of sea floor influences how much
sound is absorbed and how much sound is reflected back into the water
column.
Wind Speeds - Several environmental inputs, such as wind speed and
surface roughness, are necessary to model acoustic propagation in the
prospective training areas.
Bathymetry data - Bathymetry data are necessary to model acoustic
propagation and were obtained for each of the training areas.
Acoustic Effects Analysis
The acoustic effects analysis presented in the following sections
is briefly described for each major type of exercise. A more in-depth
effects analysis is in Appendix A of the LOA application s and the
Addendum.
1. FIREX (with IMPASS)
Modeling was completed for a 5-in. round, 8-lb NEW charge exploding
at a depth of 1 ft (0.3 m). The analytical approach begins using a
high-fidelity acoustic model to estimate energy in each 5-in explosive
round. Impact areas are calculated by summing the energy from multiple
explosions over a firing exercise (FIREX) mission, and determining the
impact area based on the thresholds and criteria. Level B exposures
were determined based on the 177 dB re 1 microPa\2\-sec (energy)
criteria for behavioral disturbance (without TTS) due to the use of
multiple explosions.
Impact areas for a full FIREX (with IMPASS) event must account for
the time and space distribution of 39 explosions, as well as the
movement of animals over the several hours of the exercise. The total
impact area for the 39-shot event is calculated as the sum of small
impact areas for seven FIREX missions (each with four to six rounds
fired) and one pre-FIREX action (with six rounds fired). Table 7 shows
the Zone of Influence (ZOI) results of the model estimation.
Table 7. Estim