Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Conducting Air-to-Surface Gunnery Missions in the Gulf of Mexico, 78318-78331 [E8-30359]
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from 2006 to the present. No samples
collected during that time were above
acceptable levels for saxotoxins (80μg
toxin/100g of shellfish).
The applicant has obtained
endorsements for the EFP and the
Protocol from the States of New Jersey
and Delaware, the states in which it
intends to land and process the product
harvested under the EFP, respectively.
Each state is responsible for regulating
the molluscan shellfish industry within
its jurisdiction and ensuring the safety
of shellfish harvested within or entering
its borders. This EFP would allow for an
exemption from the Atlantic surfclam
and ocean quahog GB Closure Area
specified at 50 CFR 648.73(a)(4). The
Protocol and the pilot project that
would be authorized by this EFP have
also since been endorsed by the
executive board of the Interstate
Shellfish Sanitation Conference.
The applicants may request minor
modifications and extensions to the EFP
throughout the course of research. EFP
modifications and extensions may be
granted without further public notice if
they are deemed essential to facilitate
completion of the proposed research
and result in only a minimal change in
the scope or impacts of the initially
approved EFP request.
In accordance with NAO
Administrative Order 216–6, a
Categorical Exclusion or other
appropriate NEPA document would be
completed prior to the issuance of the
EFP. Further review and consultation
may be necessary before a final
determination is made to issue the EFP.
After publication of this document in
the Federal Register, the EFP, if
approved, may become effective
following the public comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 16, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–30336 Filed 12–19–08; 8:45 am]
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Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Conducting Air-to-Surface
Gunnery Missions in the Gulf of
Mexico
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of an
incidental harassment authorization.
SUMMARY: In accordance with provisions
of the Marine Mammal Protection Act
(MMPA) as amended, notification is
hereby given that an Incidental
Harassment Authorization (IHA) to take
marine mammals, by harassment,
incidental to conducting air-to-surface
(A-S) gunnery missions in the Gulf of
Mexico (GOM), a military readiness
activity, has been issued to Eglin Air
Force Base (Eglin AFB) for a period of
1 year.
DATES: Effective from December 11,
2008, through December 10, 2009.
ADDRESSES: The authorization, Eglin
AFB’s application containing a list of
the references used in this document,
and NMFS’ Environmental Assessment
(EA) may be obtained by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3226. A copy of Eglin’s original
2003 application and its December,
2006 letter updating its request may be
obtained by writing to this address, by
telephoning the contact listed here (see
FOR FURTHER INFORMATION CONTACT) and
is also available at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications. A copy of
the Final Programmatic EA (Final PEA)
is available by writing to the
Department of the Air Force, AAC/
EMSN, Natural Resources Branch, 501
DeLeon St., Suite 101, Eglin AFB, FL
32542–5133.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Hollingshead, NMFS, 301–
713–2289, ext 128.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(D)
of the Marine Mammal Protection Act
(16 U.S.C. 1361 et seq.)(MMPA) direct
the Secretary of Commerce (Secretary)
to allow, upon request, the incidental,
but not intentional taking of marine
mammals by U.S. citizens who engage
in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and regulations are issued or,
if the taking is limited to harassment, a
notice of a proposed authorization is
provided to the public for review.
Permission may be granted if NMFS
finds that the taking will have a
negligible impact on the affected species
or stock(s), will not (where relevant)
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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 takings 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.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take marine mammals by
harassment. The National Defense
Authorization Act of 2004 (NDAA) (P.L.
108–136) removed the ‘‘small numbers’’
and ‘‘specified geographical region’’
limitations and amended the definition
of harassment as it applies to ‘‘military
readiness activities’’ to read as follows:
(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
Eglin AFB originally petitioned NMFS
on February 13, 2003, for an
authorization under section 101(a)(5)(D)
of the MMPA for the taking, by Level B
harassment, of several species of marine
mammals incidental to programmatic
mission activities within the Eglin Gulf
Test and Training Range (EGTTR). The
EGTTR is described as the airspace over
the GOM that is controlled by Eglin
AFB. A notice of receipt of Eglin’s
application and proposed IHA and
request for 30-day public comment was
published on January 23, 2006 (71 FR
3474). A 1-year IHA was subsequently
issued to Eglin AFB for this activity on
May 3, 2006 (71 FR 27695, May 12,
2006).
On January 29, 2007, NMFS received
a request from Eglin AFB for a renewal
of its IHA, which expired on May 2,
2007. This application addendum
requested revisions to three components
of the IHA requirements: protected
species surveys, ramp-up procedures,
and sea state restrictions. A Federal
Register notice of receipt of the
application and proposed IHA
published on May 30, 2007 (72 FR
29974). These proposed modifications
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are addressed in detail later in this
document (see ‘‘Comments and
Responses’’ and ‘‘Modifications to the
Mitigation and Monitoring
Requirements’’).
A description of Eglin AFB’s A-S
gunnery activity follows.
Description of Activities
A-S gunnery missions, a ‘‘military
readiness activity,’’ involve surface
impacts of projectiles and small
underwater detonations with the
potential to affect cetaceans that may
occur within the EGTTR. These
missions typically involve the use of
25–mm (0.98–in), 40–mm (1.57–in), and
105–mm (4.13–in) gunnery rounds
containing, 0.0662 lb (30 g), 0.865 lb
(392 g), and 4.7 lbs (2.1 kg) of explosive,
respectively. Live rounds must be used
to produce a visible surface splash that
must be used to ‘‘score’’ the round (the
impact of inert rounds on the sea
surface would not be detected). The U.S.
Air Force (USAF) has developed a 105–
mm training round (TR) that contains
less than 10 percent of the amount of
explosive material (0.35 lb; 0.16 kg) as
compared to the ‘‘Full-Up’’ (FU) 105–
mm (4.13 in) round. The TR was
developed as one method to mitigate
effects on marine life during nighttime
A-S gunnery exercises when visibility at
the water surface is poor. However, the
TR cannot be used in daytime since the
amount of explosive material is
insufficient to be detected from the
aircraft.
Water ranges within the EGTTR that
are typically used for the gunnery
operations are located in the GOM
offshore from the Florida Panhandle
(areas W–151A, W–151B, W–151C, and
W–151D as shown in Figure 1–2 in
Eglin’s 2003 application). Data indicate
that W–151A (Figure 1–3 in Eglin’s
application) is the most frequently used
water range due to its proximity to
Hurlburt Field, but activities may occur
anywhere within the EGTTR.
As required under the 2006 IHA, the
AC–130 gunship aircraft was to conduct
at least two complete orbits at a
minimum safe airspeed around a
prospective target area at a maximum
altitude of 1,500 ft (457 m). Based on an
amendment requested by Eglin AFB and
implemented here for safety reasons,
NMFS recommends an operational
altitude of approximately 4,500 to
10,000 ft (1,372–3,048 m). Ascent occurs
over a 10–15 minute period. Eglin AFB
has noted that the search area for these
orbits ensures that no vessels (or
protected species) are within an area of
5 nm (9.3 km) of the target. The AC–130
continues orbiting the selected target
point as it climbs to the mission-testing
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altitude. During the low altitude orbits
and the climb to testing altitude, aircraft
crew visually scan the sea surface
within the aircraft’s orbit circle for the
presence of vessels and protected
species. Primary responsibility for the
surface scan is on the flight crew in the
cockpit and personnel stationed in the
tail observer bubble and starboard
viewing window. The AC–130’s optical
and electronic sensors are also
employed for target clearance. If any
marine mammals are detected within
the AC–130’s orbit circle, either during
initial clearance or after commencement
of live firing, the aircraft will relocate to
another target area and repeat the
clearance procedures. A typical distance
from the coast for this activity is at least
15 mi (24 km).
When offshore, the crews can scan a
5–nm (9.3–km) radius around the
potential impact area to ensure it is
clear of surface craft, marine mammals,
and sea turtles. Scanning is
accomplished using radar, all-light
television (TV), infrared sensors (IR),
and visual means. An alternative area
would be selected if any cetaceans or
vessels were detected within a 5–nm
(9.3 km) search area. Once the scan is
completed, Mk–25 flares are dropped
and the firing sequence is initiated.
A typical gunship mission lasts
approximately 5 hr without refueling
and 6 hr when air-to-air refueling is
accomplished. A typical mission
includes: (1) 30 min for take off and to
perform airborne sensor alignment,
align electro-optical sensors (IR and TV)
to heads-up display; (2) 1.5 to 2 hr of
dry fire (no ordnance expended) and
includes transition time; (3) 1.5 to 2 hr
of live fire, and includes clearing the
area and transiting to and from the range
(actual firing activities typically do not
exceed 30 min); (4) 1 hr air-to-air
refueling, if and when performed; and
(5) 30 min of transition work (take-offs,
approaches, and landings-pattern work).
The guns are fired during the live-fire
phase of the mission. The actual firing
can last from 30 min to 1.5 hr but is
typically completed in 30 min. The
number and type of A-S gunnery
munitions deployed during a mission
varies with each type of mission flown.
In addition to the 25-, 40-, and 105–mm
rounds, marking flares are also deployed
as targets. All guns are fired at a specific
target in the water, usually an Mk–25
flare, starting with the lowest caliber
ordnance or action with the least impact
and proceeding to greater caliber sizes.
To establish the test target area, two
Mk–25 flares are deployed into the
center of the 5–nm (9.3–km) radius
cleared area (visually clear of aircraft,
ships, and surface marine species) on
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the water’s surface. The flare’s burn
time normally lasts 10 to 20 min but
could be much less if actually hit with
one of the ordnance projectiles;
however, some flares have burned as
long as 40 min. Live fires are a
continuous event with pauses during
the firing usually well under a minute
and rarely from 2 to 5 min. Firing
pauses would only exceed 10 min if
surface boat traffic or marine protected
species caused the mission to relocate;
if aircraft, gun, or targeting system
problems existed; or if more flares
needed to be deployed. The Eglin Safety
Office has described the gunnery
missions as having 95–percent
containment with a 99–percent
confidence level within a 5–m (16.4–ft)
area around the established flare target
test area.
Live-fire Event: 25–mm Round
The 25–mm (0.98–in) firing event in
a typical mission includes
approximately 500 to 1000 rounds.
These rounds are fired in short bursts.
These bursts last approximately 2–3 s
with approximately 100 rounds per
burst. Based on the very tight target area
and extremely small miss distance,
these bursts of rounds all enter the
water within a 5–m (16.4–ft) area.
Therefore, when calculations of the
marine mammal Zone of Impact (ZOI)
and take estimates are made later in this
document for the 25–mm rounds,
calculations will be based on the total
number of rounds fired per year divided
by 100.
Live-fire Event: 40–mm Round
The 40–mm (1.57 in) firing event of a
typical mission includes approximately
10 s with approximately 20 rounds per
burst. Based on the very tight target area
and extremely small ‘‘miss’’ distance,
these bursts of rounds all enter the
water within a 5–m (16.4 ft) area.
Therefore, when calculations of the
marine mammal ZOI and take estimates
are made later in this document for the
40–mm rounds, calculations will be
based on the total number of rounds
fired per year divided by 20.
Live-fire Event: 105–mm Round
The 105–mm firing event of a typical
mission includes approximately 20
rounds. These rounds are not fired in
bursts, but as single shots. The 105–mm
firing event lasts approximately 5 min
with approximately two rounds per
minute. Due to the single firing event of
the 105–mm round, the peak pressure of
each single 105–mm round is measured
at a given distance (90 m (295 ft)) for the
105mm TR and 216 m (709 ft) for the
105mm FU).
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As described in Eglin’s 2003
application, gunnery testing in this
request includes historical baseline
yearly amounts in addition to proposed
nighttime gunnery missions. Daytime
gunnery testing uses the 105–mm FU
round and nighttime gunnery training is
proposed using the 105–mm TR. The
number of 105–mm rounds including
nighttime operations would amount to
1,742. As shown in detail in Tables 1
and 2, Eglin proposes to conduct a total
of 28 daytime missions and 263
nighttime missions annually, expending
3,832 rounds in daytime and 30,802
rounds nighttime (242 105–mm FU and
1,500 rounds would be the 105–mm
TR).
Comments and Responses
A notice of receipt of Eglin AFB’s
application for an incidental take
authorized under section 101(a)5)(D) of
the MMPA and request for 30-day
public comment on the application and
the proposed IHA was published on
May 30, 2007 (72 FR 29974). During the
30-day public comment period, NMFS
received comments from the Marine
Mammal Commission (the Commission)
and a member of the public.
Comment 1: A member of the public
noted that it is not ‘‘incidental at all to
kill whales, dolphins, and other marine
life by firing flares and bombs at them.’’
Response: Eglin AFB proposes to
conduct air-to-surface gunnery
exercises, a military readiness activity.
Eglin does not fire flares, gunnery
rounds, or bombs at marine mammals,
but instead prevents injury or mortality
to marine mammals by implementing
mitigation measures. In order to reduce
the probability of injuring or harassing
a marine mammal that may be in the
area where gunnery exercises occur,
Eglin AFB will implement a suite of
mitigation and monitoring measures as
described in this document. For
example, Eglin AFB will cease A-S
gunnery exercises if marine mammals
are detected within a 5–nm (9.8 km)
radius of the target area. These measures
are described later in this document.
TABLE 1. SUMMARY OF DAYTIME GUNNERY TESTING OPERATIONS IN THE EGTTR
Category
Expendable
Condition
Baseline Quantity of
Expendables
Number of
Missions
Number of
Events
GUN
105 mm HE
LIVE
128
6
18
25 mm HEI
LIVE
1,275
1
1
40 mm HEI
LIVE
536
6
18
105 mm HE
LIVE
46
2
6
25 mm HEI
LIVE
294
1
1
40 mm HEI
LIVE
146
1
3
105 mm HE
LIVE
10
1
3
25 mm HEI
LIVE
142
1
1
40 mm HEI
LIVE
50
1
3
105 mm HE
LIVE
39
2
6
25 mm HEI
LIVE
567
1
1
40 mm HEI
LIVE
198
2
6
105 mm HE
LIVE
19
1
3
25 mm HEI
LIVE
283
1
1
40 mm HEI
Test Area
LIVE
99
3,832
1
28
3
74
W-151A
W-151B
GUN
W-151C
GUN
W-151D
GUN
W-151S
GUN
Total
TABLE 2. SUMMARY OF NIGHTTIME GUNNERY TRAINING OPERATIONS IN THE EGTTR
Category
Expendable
Condition
Alt. 3 Quantity
Number of
Missions
Number of
Events
GUN
105 mm TR
LIVE
902
45
135
25 mm HEI
LIVE
7,864
8
8
40 mm HEI
LIVE
9,811
102
306
105 mm TR
LIVE
255
13
39
25 mm HEI
LIVE
1,452
2
2
40 mm HEI
Test Area
LIVE
3,023
31
93
105 mm TR
LIVE
197
9
36
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W-151B
GUN
W-151C
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TABLE 2. SUMMARY OF NIGHTTIME GUNNERY TRAINING OPERATIONS IN THE EGTTR—Continued
LIVE
2,301
2
2
LIVE
2,302
24
72
105 mm TR
LIVE
133
7
21
LIVE
830
1
1
LIVE
1,583
16
48
105 mm TR
LIVE
13
1
3
LIVE
54
1
1
40 mm HEI
GUN
Number of
Events
25 mm HEI
W-151S
Number of
Missions
40 mm HEI
GUN
Alt. 3 Quantity
25 mm HEI
W-151D
Condition
40 mm HEI
Category
Expendable
25 mm HEI
Test Area
LIVE
82
30,802
1
263
3
770
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Total
The MMPA authorizes the taking of
marine mammals provided the taking is
incidental to conducting the otherwise
lawful activity. In this case, the USAF
has obtained a permit (called an IHA
under section 101(a)(5)(D) of the MMPA
or a Letter of Authorization (LOA) under
section 101(a)(5)(A) of the MMPA) to
take marine mammals incidental to
military readiness activities. This
process was explained earlier in this
document.
Comment 2: The member of the
public continues that the awful aim of
these alleged military people is shown
by the recent firing of a flare at Warren
Grove firing range recently that burned
17,000 acres of the New Jersey
Pinelands. That shows the inaccuracy of
their aim. The commenter states that
‘‘Regarding the statements about the
care they will take, they told us that
before they bombed the school near
Warren Grove gunnery range too. They
set fires there with another mistake
about 5 years ago that burned 14,000
acres. These alleged mistakes on killing
and environmental destruction happen
far too often with our military.’’
Response: The commenter is referring
to incidents that occurred at the New
Jersey Air National Guard base at
Warren Grove, NJ. Information on these
incidents is available through
Wikipedia, GlobalSecurity and other
Internet sites. Accidents at this military
base are not related to Eglin AFB’s
offshore activity in the GOM. As
mentioned previously, the Eglin AFB
Safety Office has described the gunnery
missions as having 95–percent
containment with a 99–percent
confidence level within a 5–m (16.4–ft)
area around the established flare target
test area. As a result, NMFS believes
that no marine mammals will be killed
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or seriously injured as a result of Eglin
AFB’s A-S gunnery exercises.
Comment 3: The Commission
recommends that NMFS issue the
requested authorization, provided that
the applicant be required to conduct all
practicable monitoring and mitigation
measures that reasonably can be
expected to protect the potentially
affected marine mammal species from
serious injury.
Response: NMFS has determined that
the mitigation measures proposed by
Eglin AFB and required by NMFS under
a new IHA for the A-S Gunnery
exercises will protect marine mammals
from any injury or mortality and will
reduce Level B harassment impacts to
the lowest level practicable.
Comment 4: The Commission
recommends that NMFS should require
that the applicant’s annual report of
activities include a detailed assessment
of the effectiveness of sensor-based
monitoring in detecting marine
mammals and sea turtles in the area of
operations.
Response: NMFS agrees and has
requested this information as part of its
annual monitoring report.
Comment 5: The Commission
recommends that NMFS should require
the applicant to provide additional
information to support its request for
the revision of sea state restrictions.
Response: NMFS does not agree that
additional information is needed at this
time. NMFS points out that a mitigation
requirement for not conducting an
activity in a sea state greater than 3 (in
some cases, 3.5) is standard for vessel
and aircraft using marine mammal
observers. However, in the IHA
application, Eglin AFB makes clear that
it would be difficult for Eglin AFB to
conduct operations with a limitation of
a sea state of 3 or less. As Eglin AFB
explains in their current IHA
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application, sea state 4 encompasses
wind speed up to a maximum of 16
knots (18 mph). Under these conditions,
whitecaps are fairly frequent on the sea
surface, but sea spray does not occur.
Sea spray, whitecaps, and large waves
can decrease the effectiveness of IR
detection. However, marine species can
usually be observed in weather
conditions that allow observation of the
target flare. One must remember that
visual observations are enhanced,
especially at night, by use of the AN/
AAQ–26 infrared detection equipment
in concert with the All-Light TV, which
are the primary sensors utilized to clear
an over-water range. Therefore, because
Eglin AFB relies principally on
electronic detection instrumentation
and less on visual observations, an
increase in sea state from 3 to 4 is
unlikely to compromise mitigation
effectiveness or result in the probability
of increased harassment, injury or
mortality to marine mammals.
Comment 6: The Commission
reiterates its view that an across-theboard definition of temporary threshold
shift (TTS) as constituting no more than
Level B harassment inappropriately
dismisses possible injury and
biologically significant behavioral
changes that may occur if an animal’s
hearing is compromised, even
temporarily.
Response: This issue has been
addressed several times by NMFS in the
past (see for example 70 FR 48675,
August 19, 2005; and 66 FR 22450, May
4, 2001). As stated in those documents,
the best scientific information available
concludes that TTS is not an auditory
injury, but is a temporary physiological
reaction on the part of mammals to
avoid an injury. The Commission,
however, argues for considering TTS as
both Level A harassment and Level B
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harassment based on conjecture on what
might occur if a marine mammal with
compromised hearing was at a
disadvantage for survival. As noted
previously, it is likely that marine
mammals evolved certain behavioral
responses to address natural loud noises
in the environment (for example,
billions of lightning strikes per year on
the ocean at about 260 dB peak) by
changes in conspecific spatial
separation. For a more detailed analysis
of why TTS is not considered Level A
harassment, please refer to the Federal
Register citations provided here. You
may also refer to Southall et al. (2007)
for information on this subject.
Comment 7: With regard to estimates
of potential take, the Commission states
that NMFS appears to assume that nine
of ten animals that are exposed to
sounds loud enough to temporarily
deafen them would not be otherwise
disturbed. The Commission believes
that the literature on marine mammals
contains considerable evidence that
marine mammals will exhibit significant
changes in their behavioral patterns in
response to sounds much less intense
than those required to cause TTS.
Response: First, NMFS cautions
against using incorrect terminology.
Marine mammals subject to TTS are not
‘‘deafened,’’ even temporarily. Instead,
marine mammals with TTS have a
decrease in hearing sensitivity that may
last from a few seconds to several hours,
depending upon several factors. That
does not mean that they cannot hear,
only that they may not perceive those
quieter sounds that are below this
temporary hearing threshold. Humans
may incur with same temporary
phenomenon when using iPods and
attending loud sporting events or
concerts.
Second, for Eglin AFB’s air-to-surface
gunnery activity, Eglin and NMFS have
calculated estimates for behavioral
responses by marine mammals at levels
lower than TTS. In the case of the A-S
gunnery exercises, this is due to
multiple detonations and potential
marine mammal exposures by the
gunnery activity. These calculations are
provided later in this document.
However, in other applications, when
there are only single detonations (such
as in Eglin AFB’s Precision Strike
Weapon and the U.S. Navy shock trials),
it is unlikely that marine mammals
would have a significant behavioral
response (but may have a response due
to TTS, which has been accounted for)
to the single detonation. For more
information on this subject, NMFS
recommends interested readers review
Appendices C and D of the Navy’s 2008
Final Environmental Impact Statement
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(EIS) for the MESA VERDE shock trial.
The Navy’s Final EIS is available for
viewing or downloading at: https://
www.mesaverdeeis.com.
Comment 8: The Commission
recommends that NMFS either provide
a rational explanation for what appears
to be an assumption that marine
mammals would have to experience
sound levels well above that required to
cause TTS before they would experience
a behavioral disturbance or revise its
estimates of the number of animals to be
taken by behavioral disturbance to a
more realistic number.
Response: NMFS believes that the
Commission is referring to Table 1 in
the earlier Federal Register notice (and
Table 11 in this Federal Register notice)
wherein Eglin AFB and NMFS have
provided estimates for Level A
harassment (injury), Level B harassment
(TTS) and Level B harassment
(behavioral harassment). For Level B
harassment, we have provided those
estimates using the dual criteria (energy
and pressure) for TTS, but only for
pressure for behavioral harassment. As
explained previously, NMFS adopted a
dual criterion for TTS Level B
harassment, but has not adopted a dual
criterion for non-TTS behavioral
responses by marine mammals. A TTS
pressure criterion was added during
earlier shock trial rulemakings (see 87
FR 22450, May 4, 2001) to provide a
more conservative zone for calculating
potential TTS exposures when the
explosive or the animal approaches the
sea surface (for which cases the
explosive energy is reduced but the
peak pressure is not). Originally
established at 12 psi for large charges
(such as in the 10,000 lb (4536 kg) shock
trials), empirical research now supports
a pressure metric of 23 psi, as explained
previously (see 70 FR 48675, August 19,
2005). The 23–psi metric for onset TTS
was adopted previously by NMFS for
this action and by the U.S. Navy for
large detonations (see reference
provided in previous response.)
Explanation is provided elsewhere in
this document (and in the proposed IHA
notice) on NMFS’ incorporation of 176
dB (SEL) for calculating behavioral
responses below TTS. Therefore, while
NMFS believes that one would generally
expect the pressure (dB) threshold for
behavioral modification to be lower
than that causing TTS, due to a lack of
empirical information and data, a dual
criteria for Level B behavioral
harassment cannot be developed. Later
in this document, NMFS has estimated
potential Level B (behavioral)
harassment below TTS due to the
multiple detonations occurring as part
of this activity. In addition, NMFS plans
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to investigate this situation during the
development of a proposed rule on this
action and will provide the Commission
and the public additional information at
that time.
Comment 9: The Commission
recommends that NMFS review and
provide more reasonable justification for
its models and assumptions that lead to
the conclusion that no animals will be
killed during the course of a full year of
such exercises. The Commission also
questions NMFS’ method for estimating
the number of animals that may be
killed by these exercises.
Response: This information was
provided in the 2006 notice of issuance
of an IHA to Eglin AFB for A-S gunnery
exercises (71 FR 27695, May 12, 2006).
NMFS recommends that reviewers of
this year’s application refer to that
document for additional information.
However, as a result of the
Commission’s recommendation and to
ensure clarity of its MMPA
determinations, NMFS has reprinted
those findings in this document.
Comment 10: The Commission notes
that in its response to its comments on
the previous year’s request for an IHA
(71 FR 27701, May 12, 2006), NMFS
suggested that to experience a
significant behavioral disturbance,
animals would have to be within 22.1 m
(72.5 ft) of the zone of impact from an
aircraft flying at 6,000 ft (1829 m). In
this year’s analysis, NMFS indicates that
up to 25 animals may be at least that
close, but that none would be killed. It
seems hard to imagine that, either
through inaccuracy in firing or
confusion on the part of animals within
22 m (72 ft) (e.g., darting into the zone
of impact), no animals would be killed
over the course of a year of such
exercises. For that reason, the
Commission recommends that NMFS
review and provide a more reasonable
justification for its models and
assumptions that lead to the conclusion
that no animals will be killed during the
course of a full year of such exercises.
Response: NMFS has republished in
this document several tables on the
calculations for direct physical impact
(DPI) that were published in the cited
2006 Federal Register notice. These
tables all indicate that the potential for
mortality is close to non-existent. In the
proposed IHA notice, NMFS published
the calculations for estimating the
potential for marine mammals to be
harassed, injured or killed as a result of
A-S gunnery exercises. NMFS has not
received any comments from the public
or the Commission criticizing the
methodology of these calculations (they
are not based on models, but on
calculations based on species/stock
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density, area of impact and number of
events as described previously and later
in this document). The hypothesis
proposed by the Commission that
animals may dart into the small DPI
zone(s) fails to account for the
effectiveness of the mitigation measures
required under the IHA. These measures
are analyzed later in this document.
Since the usual area of these live-fire
events are in coastal waters, the marine
mammals will likely be detectable
electronically to the aircraft personnel
when at firing altitude. As a final note,
if marine mammals have been seriously
injured or killed by A-S gunnery
exercises in the past, necropsies of GOM
marine mammals stranded on a beach
should have indicated single or multiple
wounds caused by gunnery projectiles.
NMFS is unaware of any marine
mammals containing the projectiles
with a caliber consistent with that used
by Eglin.
Comment 11: The Commission notes
that NMFS is proposing to require that
operations be suspended immediately if
a dead or seriously injured marine
mammal is found in the vicinity of the
operations and the death or injury could
have occurred incidental to the gunnery
activities. Any such suspension should
remain in place until NMFS has (1)
reviewed the situation and determined
that further mortalities or serious
injuries are unlikely to occur or (2)
issued regulations authorizing such
takes under section 101(a)(5)(A) of the
MMPA.
Response: NMFS agrees. In the case of
Eglin AFB’s A-S Gunnery exercises, if
marine mammals are found with
injuries from gunnery rounds matching
those used by the AC–130 gunships,
NMFS will suspend Eglin’s IHA until
such time as (1) another cause for the
wound(s) is/are found to have caused
the animal(s) demise; (2) Eglin AFB
reevaluates the A-S gunnery program
and adds additional mitigation to ensure
that marine mammals are not seriously
injured or killed by future A-S Gunnery
exercises, or (3) Eglin AFB receives an
authorization under section 101(a)(5)(A)
of the MMPA. In that latter regard,
irregardless of whether mortality is a
possibility, NMFS plans to issue
proposed regulations for Eglin’s A-S
Gunnery exercises to be effective upon
expiration of this IHA.
Description of Marine Mammals
Affected by the Activity
There are 29 species of marine
mammals documented as occurring in
Federal waters of the GOM. Of these 29
species of marine mammals,
approximately 21 may be found within
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the EGTTR. These species are the
Bryde’s whale, sperm whale, dwarf
sperm whale, pygmy sperm whale,
Atlantic bottlenose dolphin, Atlantic
spotted dolphin, pantropical spotted
dolphin, Blainville’s beaked whale,
Cuvier’s beaked whale, Gervais’ beaked
whale, Clymene dolphin, spinner
dolphin, striped dolphin, killer whale,
false killer whale, pygmy killer whales,
Risso’s dolphin, Fraser’s dolphin,
melon-headed whale, rough-toothed
dolphin, and pilot whale. General
information on these species can be
found in Wursig et al. (2000) and in the
NMFS Stock Assessment Reports
(Waring et al., 2007). This latter
document is available at: https://
www.nefsc.noaa.gov/nefsc/publications/
tm/tm205/. General information on
Florida manatees, which is not a species
under NMFS jurisdiction, can be found
in the Florida Manatee Recovery Plan
(USFWS, 2001).
Potential Impacts to Marine Mammals
A-S gunnery operations may
potentially impact marine mammals at
or near the water surface. Marine
mammals could potentially be harassed,
injured or killed by exploding and nonexploding projectiles, and falling debris
(Eglin, 2002 (Final PEA)). However,
based on analyses provided in the Eglin
Final PEA, Eglin’s Supplemental
Information Request (2003), and NMFS’
2008 EA, NMFS concurs with Eglin that
gunnery exercises are not likely to result
in any injury or mortality to marine
mammals.Explosive criteria and
thresholds for assessing impacts of
explosions on marine mammals were
discussed by NMFS in detail in its
issuance of an IHA for Eglin’s Precision
Strike Weapon testing activity (70 FR
48675, August 19, 2005) and are not
repeated here. Please refer to that
document for this background
information.
Estimation of Take and Impact
Direct Physical Impacts (DPI)
Potential impacts resulting from A-S
test operations include DPI resulting
from ordnance. DPI could result from
inert bombs, gunnery ammunition, and
shrapnel from live missiles falling into
the water. Marine mammals swimming
at the surface could potentially be
injured or killed by projectiles and
falling debris if not sighted and firing
discontinued. Mainly due to the
comparatively large number of rounds
expended, small arms gunnery
operations offers a worst-case scenario
for evaluating DPI of EGTTR operations.
Some small-arms gunnery rounds
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78323
contain small amounts of explosives,
but the majority do not. However, the
possibility of DPI to marine mammals is
considered highly unlikely. Therefore,
the risk of injury or mortality is low.
The assumptions made by Eglin AFB for
DPI calculations can be found in Eglin’s
2002 Final PEA under the analysis for
Alternative 1. Approximately 606 smallarms gunnery firing events comprise the
baseline level of potential DPI events, as
shown here in Table 3.
DPI impacts are only anticipated to
affect marine species at or very near the
ocean surface. As a result, in order to
calculate impacts, Eglin used corrected
species densities (see Table 4–23 in
Eglin’s Final PEA) to reflect the surface
interval population, which is
approximately 10 percent of densities
calculated for distribution in the total
water column. As shown in Table 4 (and
thereby correcting PEA Table 4–23), the
impacts to marine mammals swimming
at the surface that could potentially be
injured or killed by projectiles and
falling debris was determined to be an
average of 0.2059 marine mammals per
year. However, NMFS believes that the
mitigation measures that Eglin proposes
under this action would significantly
reduce even these low levels.
In addition to small arms, Eglin
calculated the potential for other nonexplosive items (bombs, missiles, and
drones) to impact marine mammals. The
number of annual events expected are
551 bombs, 1,183 missiles, and 99
drones (see Table 5). As shown in
Eglin’s 2002 Final PEA and Table 6 in
this document, the potential for any DPI
to marine mammals is extremely remote
(1 cetacean per 48 yr of activity) and
can, therefore, be discounted.
Similar to non-small arms/nongunnery DPI impacts, DPI impacts from
gunnery activities may also affect
marine mammals in the surface zone.
Again, DPI impacts are anticipated to
affect only marine mammals at or near
the ocean surface, and not animals that
are submerged at the time. Accordingly,
the density estimates have been
adjusted to indicate surface animals
only being potentially affected. Using
the firing methodology explained earlier
in this document, Tables 7 and 8
demonstrate that the potential for any
DPI from gunnery activities are
extremely remote and can be
discounted. Using the largest round (105
mm), it would take approximately 120
yr to impact a marine mammal from
daytime gunnery activities and
approximately 27 yr to impact a marine
mammal from nighttime gunnery
activities.
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices
TABLE 3. EGTTR AIR-TO-SURFACE GUNNERY/SMALL ARMS OPERATIONS AS EVENTS
Activity/EGTTR Event
Percentage
Number
Small Arms-50 Cal Ball Events
16.3 percent
99
Small Arms 5.56 Linked Events
0.8 percent
5
Small Arms 7.62 mm Ball Events
82.8 percent
502
Total Baseline -Small Caliber Events
100 percent
606
TABLE 4. POTENTIAL SMALL ARMS DPI IMPACTS (ANNUAL) TO MARINE MAMMAL SPECIES
Adjusted Density (#/
km2)
Density (#/km2)
Species
Impact Zone Area1
(km2)
Animals in Impact
Zone (#)
Years To Impact 1
Mammal(#)
Cetaceans
4.381
0.4381
0.047874
2.10E-02
48
T&E Cetaceans
0.011
0.0011
0.047874
5.27E-05
18,989
TABLE 5. NON-SMALL ARMS OPERATIONS AS EVENTS
Activity/EGTTR Event
Percentage
Number
Bombs
30.1 percent
551
Missiles
64.5 percent
1183
Drones
5.4 percent
99
Total Baseline Non-Small Arms Events
100 percent
1833
TABLE 6. POTENTIAL NON-SMALL ARMS/NON-GUNNERY DPI IMPACTS (ANNUAL) TO MARINE MAMMAL SPECIES
Adjusted Density (#/
km2)
Density (#/km2)
Species
Impact Zone Area1
(km2)
Animals in Impact
Zone (#)
Years To Impact 1
Mammal(#)
Cetaceans
4.381
0.4381
0.00688
0.003014128
332
T&E Cetaceans
0.011
0.0011
0.0688
0.000007568
132,135
TABLE 7. POTENTIAL DAYTIME GUNNERY DPI IMPACTS (ANNUAL) TO MARINE CETACEANS.
Species/shell
size
Density (#/km2)
Adjusted Density
(#/km2)
Impact Zone Area
(km2)
Number of Events
(#)
Animals in Impact
Zone (#)
Years To Impact
1 Animal (#)
Cetacea
(25mm)
4.381
0.4381
.00007854
26
.000881198
1,135
Cetacea
(40mm)
4.381
0.4381
.00007854
51
.001770311
565
Cetacea
(105mm)
4.381
0.4381
.00007854
242
.008326827
120
TABLE 8. POTENTIAL NIGHTTIME GUNNERY DPI IMPACTS (ANNUAL) TO MARINE CETACEANS.
Species/shell
size
Density (#/km2)
Adjusted Density
(#/km2)
Impact Zone Area
(km2)
Number of Events
(#)
Animals in Impact
Zone (#)
Years To Impact
1 Animal (#)
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Cetacea
(25mm)
4.381
0.4381
.00007854
125
.004287972
233
Cetacea
(40mm)
4.381
0.4381
.00007854
723
.024873814
40
Cetacea
(105mm)
4.381
0.4381
.00007854
1061
.036507285
27
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices
Marine Mammal Take Estimates from
Gunnery Activities
Estimating the impacts to marine
mammals from underwater detonations
is difficult due to complexities of the
physics of explosive sound under water
and the limited understanding with
respect to hearing in marine mammals.
Detailed assessments were made in the
notice for the previous IHA on this
action (71 FR 27695, May 12, 2006) and
in this Federal Register notice. These
assessments used, and improved upon,
the criteria and thresholds for marine
mammal impacts that were developed
for the shock trials of the USS
SEAWOLF and the USS Winston S.
Churchill (DDG–81) (Navy, 1998; 2001).
The criteria and thresholds used in
those actions were adopted by NMFS for
use in calculating incidental takes from
explosives. Criteria for assessing
impacts from Eglin AFB’s A-S gunnery
exercises include: (1) mortality, as
determined by exposure to a certain
level of positive impulse pressure
(expressed as pounds per square inch
per millisecond or psi-msec); (2) injury,
both hearing-related and non-hearing
related; and (3) harassment, as
determined by a temporary loss of some
hearing ability and behavioral reactions.
Similar to the effects from DPI, due to
the small amounts of net explosive
weight (NEW) for each of the rounds
fired in the EGTTR and the mitigation
measures required to be implemented
by NMFS, mortality resulting from
either DPI or the resulting sounds
generated into the water column from
detonations was determined to be
highly unlikely and was not considered
further by Eglin AFB or NMFS.
Permanent hearing loss is considered
an injury and is termed permanent
threshold shift (PTS). NMFS, therefore,
categorizes PTS as Level A harassment.
Temporary loss of hearing ability is
termed TTS, meaning a temporary
reduction of hearing sensitivity which
abates following noise exposure. TTS is
considered non-injurious and is
categorized as Level B harassment.
NMFS recognizes dual criteria for TTS,
one based on peak pressure and one
based on the greatest 1/3 octave sound
exposure level (SEL) or energy flux
density level (EFDL), with the more
conservative (i.e., larger) of the two
criteria being selected for impacts
analysis (note: SEL and EFDL are used
interchangeably, but with increasing
scientific preference for SEL). The peak
pressure metric used in previous shock
trials to represent TTS was 12 pounds
per square inch (psi) which, for the
NEW used, resulted in a zone of
possible Level B harassment
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approximately equal to that obtained by
using a 182 decibel (dB) re 1 microPa2–
s, total EFDL/SEL metric. The 12–psi
metric is largely based on anatomical
studies and extrapolations from
terrestrial mammal data (see Ketten,
1995; Navy, 1999 (Appendix E,
Churchill FEIS; and 70 FR 48675
(August 19, 2005)) for background
information). However, the results of a
more recent investigation involving
marine mammals suggest that, for small
charges, the 12–psi metric is not an
adequate predictor of the onset of TTS.
Finneran et al. (2002) measured TTS
in a bottlenose dolphin and a beluga
whale exposed to single underwater
impulses produced by a seismic water
gun in San Diego Bay. The water gun
was chosen over other seismic sources,
such as air guns, because the impulses
contain more energy at high frequencies
where odontocete hearing thresholds are
relatively low (i.e., more sensitive).
Hearing thresholds were measured at
0.4, 4, and 30 kilohertz (kHz). A
relatively small and short-term level of
masked TTS (MTTS)(7 dB at 0.4 kHz
and 6 dB at 30 kHz) occurred in the
beluga whale at a peak pressure of 160
kilopascals (kPa), which is equivalent to
23 psi, 226 dB re 1 micro Pa peak-peak
pressure, and 186 dB re 1 microPa2–s.
The maximum experimental peak
pressure exposure of 207 kPa (30 psi,
228 dB re 1 microPa peak-peak pressure,
188 dB re 1 microPa2–s) did not cause
any measurable masked TTS in the
bottlenose dolphin. The results of these
field experiments represent the most
current science available for the
relationship between peak pressure and
TTS in marine mammals. It is also
considered precautionary for this
project since the bottlenose dolphin did
not incur an MTTS at the higher level
of 30 psi. Therefore, until additional
information becomes available, 23 psi is
considered an appropriate and
conservative metric for predicting the
onset of pressure-related TTS from
small explosive charges.
Documented behavioral reactions
occur at noise levels below those
considered to cause TTS in marine
mammals (Finneran et al., 2002;
Schlundt et al., 2000; Finneran and
Schlundt, 2004). In controlled
experimental situations, behavioral
effects are typically defined as
alterations of trained behaviors.
Behavioral effects in wild animals are
more difficult to define but may include
decreased ability to feed, communicate,
migrate, or reproduce. Abandonment of
an area due to repeated noise exposure
is also considered a behavioral effect.
Analyses in subsequent sections of this
document refer to such behavioral
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78325
effects as ‘‘sub-TTS Level B
harassment.’’ Schlundt et al. (2000)
exposed bottlenose dolphins and beluga
whales to various pure-tone sound
frequencies and intensities in order to
measure underwater hearing thresholds.
Masking is considered to have occurred
because of ambient noise environment
in which the experiments took place.
Sound levels were progressively
increased until behavioral alterations
were noted (at which point the onset of
TTS was presumed). It was found that
decreasing the sound intensity by 4 to
6 dB greatly decreased the occurrence of
anomalous behaviors. The lowest sound
pressure levels, over all frequencies, at
which altered behaviors were observed,
ranged from 178 to 193 dB re 1 micro
Pa for the bottlenose dolphins and from
180 to 196 dB re 1 micro Pa for the
beluga whales. Thus, it is reasonable to
consider that sub-TTS (behavioral)
effects occur at approximately 6 dB
below the TTS-inducing sound level, or
at approximately 176 dB in the greatest
1/3 octave band EFDL/SEL.
Table 9 summarizes the relevant
thresholds for levels of noise that may
result in Level A (injury) harassment,
Level B (TTS) behavioral harassment or
Level B (sub-TTS) behavioral
harassment to marine mammals.
Mortality and injury thresholds are
designed to be conservative by
considering the impacts that would
occur to the most sensitive life stage
(e.g., a dolphin calf). Table 10 provides
the estimated ZOI radii for the EGTTR
ordnance. At this time, there is no
empirical data or information that
would allow NMFS to establish a peak
pressure criterion for sub-TTS
behavioral disruption (see response to
comment 8).
As mentioned previously, the EGTTR
live fire events are continuous events
with pauses during the firing usually
well under a minute and rarely from 2
to 5 min. Live fire typically occurs
within a 30 min time frame, including
all ordnance fired: 25 mm (Phase I), 40
mm (Phase II), and 10 mm (Phase III),
and where the 105–mm ordnance are
fired as separate rounds with up to 30–
s intervals, the 25–mm and the 40–mm
are often fired in multiple bursts. These
bursts include multiple rounds (25 to
100) within a 10- to 20–s time frame.
Eglin notes that even if animal
avoidance once firing commences is not
considered, the average swim speed (1.5
m/s) of an animal would not allow
sufficient time for new animals to reenter the Level B harassment ZOI (23
psi) within the time frame of a single
burst. As such, only the peak pressure
of a single round is measured per burst
and experienced at a given distance (49
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m (161 ft; Phase I), 122 m (400 ft; Phase
II)).
TABLE 9. EGTTR CRITERIA AND THRESHOLDS FOR IMPACT OF EXPLOSIVE NOISE ON MARINE MAMMALS
Criterion
Criterion Definition
Threshold
Level A Harassment-Auditory Injury
50% of Animals Exposed Would Experience EarDrum Rupture, Resulting in Approximately 30%
PTS
205 dB Total EFDL
Level B Harassment
Temporary Threshold Shift (NMFS Dual Criterion)
23 PSI Peak Pressure
Level B Harassment
Temporary Threshold Shift (NMFS Dual Criterion)
182 dB 1/3 Octave Band EFDL
Level B Harassment
Sub-TTS Behavioral Disruption
176 dB 1/3 Octave Band EFDL
TABLE 10. ESTIMATED RANGE FOR A ZONE OF IMPACT (ZOI) DISTANCE FOR THE EGTTR ORDNANCE.
Expendable
Level B Harassment NonInjurious (182 dB) EFD For
TTS (m)
Level A Harassment-Injurious(205 dB) EFD (m)
Level B Harassment Noninjurious (23 psi) For TTS
(m)
Level B Harassment-Noninjurious (176 dB) EFD For
Behavior (m)
105 mm FU
0.79
11.1
216
22.1
105-mm TR
0.22
3.0
90
6.0
40-mm HE
0.33
4.7
122
9.4
25-mm HE
0.11
1.3
49
2.6
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FU=Full-up; TR=Training Round; HE=High Explosive
For daytime firing it is assumed that
the average swim speed per cetacean is
approximately 3 knots or 1.5 m/sec. As
a conservative scenario, Eglin assumes
that there is one animal present within
or near the 216–m ZOI (FU 105–mm
round ZOI) which may be potentially
ensonified within the 23–psi TTS
exposure at the time that the 105–mm
live firing begins. Density distributions
have assumed an even distribution of
approximately 4.38 animals/km2 or
approximately 500 m (1640 ft) apart (all
species) for the take estimate analysis.
At this density distribution and typical
swim speed, the next available cetacean
would approach the perimeter of the
216–m (709 ft) ZOI (23–psi TTS ZOI) in
approximately 5.5 min, assuming a
straight line path. With live-fire events
for the 105–mm occurring at a rate of
approximately 2 rounds/min, nearly one
half (or 10 rounds) of the total 105–mm
rounds (20 rounds) would potentially be
expended within this 5.5 min time
frame. If the concept of marine mammal
avoidance of an area once firing
commences is not considered, an
average swim speed of 1.5 m/s (4.9 ft/
s) would allow sufficient time for new
animals to re-enter the 23–psi TTS
impact area. Allowing for a potential 2
min break in firing after 10 rounds are
expended, it is, therefore, conservative
and reasonable to assume that nearly 3
to 4 individual animals could be
exposed to the 23–psi TTS sound level
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during a typical 20 round firing event.
Therefore, the ZOI and Level B
harassment take estimate calculations
are based on the total number of rounds
fired per year divided by 5, or
approximately 20 percent. This
approach assumes that although single
animals may be ensonified more than
once due to the time required to exit the
23 psi TTS ZOI, animals are not
considered to be ‘‘taken’’ more than
once for the purposes of estimating take
levels.
Similarly, as a conservative approach
for nighttime firing, Eglin assumes that
there is one animal present within or
near the 90–m (295–ft) ZOI (105–mm TR
ZOI) which may be potentially
ensonified within the 23–psi TTS
exposure zone at the time that the 105–
mm round live firing phase begins.
Density distributions have assumed an
even distribution of approximately 4.38
animals/km2 (all species) for the
approach of impact analyses for
estimation of take. At this density
distribution and typical swim speed, the
next available cetacean would approach
the perimeter of the 90–m (295–ft) ZOI
(23–psi TTS ZOI) in approximately 5.5
min or the same time as with the 216–
m ZOI (used for the 105–mm FU). The
difference is the amount of time it takes
the animal to exit the ZOI or in other
words, how long the animal resides
within the ZOI on a straight line path.
With live fire events of the 105–mm
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round occurring at a rate of
approximately 2 rounds per min, nearly
one half (or 10 rounds) of the total 105–
mm rounds (20 rounds) would
potentially be expended within this 5.5min time frame. If the concept of marine
mammal avoidance of an area once
firing commences is not considered, an
average swim speed (1.5 m/s) of animals
would allow sufficient time for new
animals to re-enter the 23–psi TTS
impact area. Allowing for a potential 2min break in firing after 10 rounds are
expended, it is conservative and
reasonable to assume that nearly 3 to 4
individual animals may be potentially
exposed to the 23–psi TTS sound level
during a typical 20 round firing event.
Therefore, the ZOI and take estimate
calculations are based on the total
number of rounds fired per year divided
by 5, or approximately 20 percent. This
approach assumes that, although single
animals may be ensonified more than
once due to the time required to exit the
23–psi TTS ZOI, individual animals are
not considered to be ‘‘taken’’ more than
once for the purposes of estimating take
levels.
Based on this discussion, Table 11 in
this Federal Register document
provides Eglin AFB’s estimates of the
annual number of marine mammals, by
species, potentially taken by Level B
harassment, by the gunnery mission
noise. It should be noted that these
estimates are derived without
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consideration of the effectiveness of
Eglin AFB’s proposed mitigation
measures (except use of the TR), which
are discussed in the next section.
Mitigation Measures
Under the previous IHA, Eglin AFB
employed a number of mitigation
measures in an effort to substantially
decrease the number of animals
potentially affected. These mitigation
measures are discussed first. The
modifications to the mitigation
measures requested by Eglin AFB as
part of its IHA request for renewal for
this IHA will follow in this document.
Development of the Training Round
The largest type of ammunition used
during typical gunnery missions is the
105–mm (4.13–in) round containing 4.7
lbs (2.1 kg) of high explosive (HE). This
is several times more HE than that
found in the next largest round (40 mm/
1.57 in). As a mitigation technique, the
USAF developed a 105–mm TR that
contains only 0.35 lb (0.16 kg) of HE.
The TR was developed to dramatically
reduce the risk of harassment at night
and Eglin AFB anticipates a 96 percent
reduction in impact by using the 105–
mm TR.
Visual Mitigation
Areas to be used in gunnery missions
are visually monitored for marine
mammal presence from the AC–130
aircraft prior to commencement of the
mission. If the presence of one or more
marine mammals is detected, the target
area will be avoided. In addition,
monitoring will continue during the
mission. If marine mammals are
detected at any time, the mission will
halt immediately and relocate as
necessary or suspended until the marine
mammal has left the area. Daytime and
nighttime visual monitoring will be
supplemented with IR and TV
monitoring. As nighttime visual
monitoring is generally considered to be
ineffective at any height, the EGTTR
missions will incorporate the TR.
TABLE 11. YEARLY ESTIMATED NUMBER OF MARINE MAMMALS AFFECTED BY GUNNERY MISSION NOISE
Adjusted Density (#/km2)
Level A Harassment Injurious 205 dB* EFD For
Ear Rupture
Level B Harassment NonInjurious 182 dB* EFD
For TTS
Level B Harassment NonInjurious 176 dB* EFD
For Behavior
Bryde’s whale
0.007
<0.001
0.010
0.041
Sperm whale
0.011
<0.001
0.016
0.064
Dwarf/pygmy sperm whale
0.024
<0.001
0.035
0.139
Cuvier’s beaked whale
0.10
<0.001
0.015
0.058
Mesoplodon spp.
0.019
<0.001
0.028
0.110
Pygmy killer whale
0.030
<0.001
0.044
0.174
False killer whale
0.026
<0.001
0.038
0.151
Short-finned pilot whale
0.027
<0.001
0.039
0.157
Rough-toothed dolphin
0.028
<0.001
0.041
0.163
Bottlenose dolphin
0.810
0.006
1.177
4.706
Risso’s dolphin
0.113
0.001
0.164
0.657
Atlantic spotted dolphin
0.677
0.005
0.984
3.934
Pantropical spotted dolphin
1.077
0.008
1.565
6.258
Striped dolphin
0.237
0.002
0.344
1.377
Spinner dolphin
0.915
0.007
1.330
5.316
Clymene dolphin
0.253
0.002
0.368
1.470
Unidentified dolphin**
0.053
<0.001
0.077
0.308
Unidentified whale
0.008
<0.001
0.012
0.046
All marine mammals
4.325
0.032
6.29
25.13
Species
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* dB = dB re 1 μPa.s
** Bottlenose dolphin/Atlantic spotted dolphin
Ramp-Up
In 2006, Eglin incorporated a ramp-up
procedure by beginning with the
smallest round (or the round having
least impact) and proceeding to
subsequently larger size rounds (in this
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case the lowest caliber of munition up
to the 105–mm FU round).
Theoretically, this allows animals to
perceive steadily increasing sounds and
to react, if necessary. Alerting animals
in advance of injurious sound waves by
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transmitting low-power ‘‘warning’’
signals a short time before the action
provides a safeguard where there is a
potential for the risk of injury.
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Other Mitigation
Under the 2006 IHA, NMFS required
additional mitigation measures to
protect marine life. These requirements
were:
(1) Test firing will be conducted only
when sea surface conditions are sea
state 3.5 or less on the Beaufort scale.
(2) Prior to each firing event, the
aircraft crew will conduct a visual
survey of the 5–nm (9.3–km) wide
prospective target area to attempt to
sight any protected species that may be
present (e.g., marine mammals, sea
turtles, and Sargassum rafts). The AC–
130 gunship will conduct at least two
complete orbits at a minimum safe
airspeed around a prospective target
area at a maximum altitude of 1,500 ft
(457 m), with a recommended altitude
of 1,000 ft (305 m). Provided protected
species are not detected, the AC–130
can then continue orbiting the selected
target point as it climbs to the mission
testing altitude. During the low altitude
orbits and the climb to testing altitude,
the aircraft crew will visually scan the
sea surface within the aircraft’s orbit
circle for the presence of listed and nonlisted marine mammals. Primary
emphasis for the surface scan will be
upon the flight crew in the cockpit and
personnel stationed in the tail observer
bubble and starboard viewing window.
The AC–130’s optical and electronic
sensors will also be employed for target
clearance. If any marine mammals are
detected within the AC–130’s orbit
circle, either during initial clearance or
after commencement of live firing, the
aircraft will relocate to another target
and repeat the clearance procedures. If
multiple firing events occur within the
same flight, these clearance procedures
will precede each event.
(3) The aircrews of the A-S gunnery
missions will initiate location and
surveillance of a suitable firing site
immediately after exiting U.S. territorial
waters (less than or equal to 12 nm (22
km)). This would potentially restrict
most gunnery activities to the shallower
continental shelf waters of the GOM
where marine mammal densities are
typically lower, and thus potentially
avoid the slope waters where the more
sensitive species (e.g., endangered
sperm whales) typically reside.
(4) Observations will be accomplished
using all-light TV, IR sensors, and visual
means for at least 60 min prior to each
exercise.
(5) Aircrews will utilize visual, night
vision goggles, and other onboard
sensors to search for marine mammals
while performing area clearance
procedures during night-time premission activities.
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(6) If any marine mammals are sighted
during pre-mission surveys or during
the mission, activities will be
immediately halted until the area is
clear of all marine mammals for 60 min
or the mission location relocated and
resurveyed.
Monitoring and Reporting
The Incidental Take Statement in
NMFS’ Biological Opinion on this
action required certain monitoring
measures to protect marine life. NMFS
also imposed these same requirements,
as well as additional ones, under Eglin
AFB’s 2006 IHA as they related to
marine mammals. They included:
(1) Development and implementation
of a marine species observer-training
program in coordination with NMFS.
This program will provide expertise to
Eglin’s testing and training community
in the identification of protected marine
species during surface and aerial
mission activities in the GOM.
Additionally, the A-S gunnery mission
aircrews will participate in the species
observation training. As a result,
designated crew members will be
selected to receive training as protected
species observers. Observers will
receive training in protected species
survey and identification techniques
through a NMFS-approved training
program.
(2) Aircrews will initiate the postmission clearance procedures beginning
at the operational altitude of
approximately 15,000 to 20,000 ft (4,572
to 6,096 m) elevation, and initiating a
spiraling descent down to an
observation altitude of approximately
1,500 ft (457 m) elevation. Rates of
descent will occur over a 3 to 5 min
time frame.
(3) Eglin will track their use of the
EGTTR for test firing missions and
protected species observations, through
the use of mission reporting forms.
(4) A-S gunnery missions will
coordinate with next-day flight
activities to provide supplemental postmission observations for marine
mammals in the operations area of the
previous day.
(5) A summary annual report of
marine mammal observations and A-S
activities will be submitted to the NMFS
Southeast Regional Office (SERO) and
the Office of Protected Resources either
at the time of a request for renewal of
an IHA or 90 days after expiration of the
current IHA if a new IHA is not
requested.
(6) If any dead or injured marine
mammals are observed or detected prior
to testing, or injured or killed during
live fire, a report must be made to the
NMFS by the following business day.
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(7) Any unauthorized takes of marine
mammals (i.e., injury or mortality) must
be immediately reported to the NMFS
represent-ative and to the respective
stranding network representative.
Modifications to the 2006 Mitigation
and Monitoring Requirements
As of October 27, 2006, two A-S
gunnery missions have been attempted
(one of the missions was ultimately
aborted due to sea state). As a result of
flying live missions over the ocean,
aircrews have requested a modification
to three components of the 2006 IHA
requirements. These components are: (1)
protected species surveys, (2) ramp-up
procedures, and (3) sea state
restrictions.
Protected Species Surveys-Altitude and
Equipment
Currently, pre-mission surveys for
marine mammals and other protected
species must be commenced at a
maximum altitude of 1,500 ft (457
m)(with 1,000 ft (305 m) recommended)
during the day and at 2,000 ft (610
m)(1,500 ft (457 m) recommended) at
night. Visual scans, as well as all
applicable instruments, are to be used to
survey for protected species at the water
surface. Aircrews have reported that
these altitudes are not safe, and that the
onboard instrumentation used for
surveys actually performs better at a
higher altitude.
The propeller-driven AC–130 aircraft,
which is used for all A-S gunnery
missions, is among the largest and
heaviest in the USAF, weighing up to
approximately 150,000 lbs (68,040 kg)
depending on equipment configuration.
If an emergency situation, such as a
malfunction of one or more engines,
occurred during the protected species
surveys, the aircraft would likely lose
altitude initially. The AC–130 does not
perform well with less than a full
compliment of engines. At 1,000 to
2,000 ft (305 to 610 m), the pilots would
have little time to recover before striking
the water surface, which would result in
potential human fatalities and certain
loss of the aircraft. The AC–130 is
typically flown at a minimum altitude
of 4,500 ft (1372 m). Eglin AFB and
NMFS note that the 2004 NDAA
amendments to the MMPA explicitly
require consideration of personnel
safety during military readiness
activities.
AC–130 gunships are equipped with
low-light TV cameras and ANIAAQ–26
Infrared Detection Sets (IDS). The TV
cameras operate in a range of
electromagnetic radiation of 532 to 980
nanometers (visible and near-visible
light), and the IDS system operates in
the IR portion of 7.5 to 11.7
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micrometers. IR systems are capable of
detecting differences in temperature
from thermal energy (heat) radiated
from living bodies, or from reflected and
scattered thermal energy. In contrast to
typical night-vision devices, visible
light is not necessary for object
detection. IR systems are equally
effective during day or night use.
The ANIAAQ–26 IDS system
produces a composite video signal
which is displayed on an onboard
television monitor. The IDS provides
imagery and accurate line-of-sight
information for an operator to detect,
acquire, identify, and track targets.
Additional capabilities include
providing imagery suitable for
reconnaissance and low-level
navigation. The IDS is capable of
detecting very small thermal differences
(the exact thermal sensitivity is
classified). Three fields-of-view (FOV)
are available for the IDS. All are
typically used during a mission to
survey the area and acquire targets.
These are:
• Wide FOV (1.80 magnification)
aides in low altitude flight, navigation,
and area search, and also provides
sufficient resolution to recognize typical
terrain features such as roads, rivers,
and bridges.
• Medium FOV (10.8 magnification)
provides for immediate target area
orientation and target detection.
• Narrow FOV (42.9 magnification)
provides small target identification,
target recognition, and precise line-ofsight angular adjustments. A 2X FOV
(85.80 magnification) provides
electronic magnification of the Narrow
FOV.
The IDS provides pointing
information regarding its optical line-ofsight, and features a continuous 360–
degree azimuth Field of Regard (FOR)
and +60 degree up-look to -105 degree
down-look elevation FOR. The line-ofsight is inertial-stabilized with regard to
airplane angular motions and is directed
to pointing angles via programmed
commands, operator commands, or
position commands from the avionics
systems.
IR and low-light TV systems are used
during both daytime and nighttime
missions (ambient light is sufficient for
the TV system at night). The IDS is the
primary detection system and is used
during all AC–130 gunship missions.
Low-light TV and visual surveys are
used to supplement the IDS system as
appropriate. The magnification of the
TV system is comparable to that of the
IDS. Although the IDS is capable of
detecting infrared emissions at altitudes
in excess of 12,500 ft (3810 m), an
altitude range of 6,000 to 9,000 ft (1829
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to 2743 m) affords the optimal slant
range for overall sensor performance
and target orientation.
The sensor suite is considered
superior to the human eye for detecting
targets on the water surface, even at
altitudes as low as 1,000 ft (305 m). This
is particularly true for night
observations. IR systems have been used
to detect whales and dolphins (Baldacci
et al., 2005). Although the central
portion of cetacean bodies are insulated
with blubber, peripheral areas such as
the flukes and fins are relatively poorly
insulated. These areas may be detected
thermally. Also, the movement of a
cetacean’s body at the surface causes
heat to be radiated at different angles,
resulting in an apparent temperature
difference that can be detected by IR
sensors. Additional areas of thermal
discrimination include the blowhole,
the blow, and areas of water disturbance
where water of different temperatures is
mixed. However, high humidity, rain,
fog, high waves, and whitecap
conditions can decrease the
effectiveness of IR detection.
Figure 1 in Eglin’s January 29, 2007
renewal request illustrates examples of
all FOVs for the IDS system, as an
operator would see them on a monitor.
All examples represent a 7.8–ft (2.4 m)
dolphin at 6,000 ft (1829 m) altitude
(above ground level, or AGL) and at a
slant range of 8,000 ft (2438 m). All four
FOVs would be used during protected
species surveys. Based on the above
discussion, the AC–130 aircrews
recommend a protected species survey
altitude of 6,000 ft (1829 m), using all
sensors, for both day and night
missions. NMFS concurs and has made
this modification to the 2008 IHA for
Eglin’s A-S gunnery exercises.
The gunship sensor suite provides the
best daytime and nighttime performance
in normal weather and sea conditions at
this altitude range. At lower altitudes,
the sensors’ area of coverage is smaller
for any given field of view. In addition,
the sensors’ effectiveness is diminished
due to magnification factors. For
example, at an altitude of 1,000 ft (305
m), the 2X and Narrow FOV settings
would cause over-magnification,
resulting in decreased ability to
discriminate targets. In addition to
considerations of sensor performance, a
6,000–ft (1829–m) survey altitude
would be significantly safer than the
current 1,000- to 2,000–ft (305- to 610–
m)range.
Therefore, based on Eglin AFB’s
request, NMFS is requiring Eglin to
implement a revised protocol for
protected species surveys. The AC–130
gunship is to travel to a potential
mission location at an altitude of
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approximately 6,000 ft (1829 m). After
arriving at the site, the aircrew is to
initiate a surface vessel and protected
species survey at the 6,000 ft (1829 m)
altitude. The aircraft is to circle the
target site and continue the survey for
at least 15 min. During the survey,
aircrews are to use the ANIAAQ–26 IDS
to search the water surface for vessels
and marine species. The low-light TV
system is to be used to supplement the
IDS system. For missions conducted
during daylight hours, the aircrew are to
visually scan the water surface as well.
The live-fire phase of the mission will
not begin until the site is determined to
be clear of vessels and protected species
during the 15-min survey. If a marine
mammal, sea turtle or Sargassum bed is
identified during the pre-mission survey
or during the mission, or if any object
besides the target is detected but cannot
conclusively be identified, the mission
shall be paused or relocated as
appropriate. Aircrews shall conduct a
post-mission survey for 5 min at an
altitude of 6,000 ft (1829 m) using the
IDS and low-light television systems
and, for daytime missions, visual scans.
Eglin AFB considers that the protocol
described here would provide effective
mitigation to the risks posed to
protected species during A-S gunnery
missions. In summary, NMFS and Eglin
AFB believe that sensor-based
observation effectiveness at 6,000 ft
(1829 m) altitude is superior to visual
survey effectiveness at 1,000 ft (305 m)
altitude and can replace the previous
mitigation measure.
Ramp-up Procedures
The 2006 IHA stipulates that ramp-up
procedures are to be used during A-S
gunnery missions. This process involves
beginning with the smallest gunnery
round, which has the least impact, and
proceeding to subsequently larger size
rounds. The rationale is that this
process may allow animals to perceive
steadily increasing noise levels and to
react, if necessary, before the noise
reaches a threshold of significance. The
AC–130 gunship’s weapons are used in
two activity phases. First, the guns are
checked for functionality and calibrated.
This step requires an abbreviated period
of live fire. After the guns are
determined to be ready for use, the
mission proceeds under various test and
training scenarios. This second phase
involves a more extended period of live
fire and can incorporate use of one or
any combination of the munitions
available (25-, 40-, and 105–millimeter
rounds). Eglin AFB believes the 2006
IHA was somewhat ambiguous
regarding whether the ramp-up
procedure was required only for the first
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(calibrating) phase or throughout the
entire mission. As a result, Eglin AFB
and NMFS concur that the ramp-up
procedure should be required for the
initial gun calibration, and that after this
phase the guns may be fired in any
order. Eglin and NMFS believe this
process will allow marine species the
opportunity to respond to increasing
noise levels. If an animal leaves the area
during ramp-up, it is unlikely to return
while the live-fire mission is
proceeding. This protocol allows a more
realistic training experience. In combat
situations, gunship crews would not
likely fire the complete ammunition
load of a given caliber gun before
proceeding to another gun. Rather, a
combination of guns would likely be
used as required by an evolving
situation. An additional benefit of this
protocol is that mechanical or
ammunition problems on an individual
gun can be resolved while live fire
continues with functioning weapons.
This also diminishes the possibility of a
lengthy pause in live fire which, if
greater than 10 min, would necessitate
Eglin’s re-initiation of protected species
surveys.
Sea State Restrictions
The 2006 IHA states that A-S gunnery
missions are to be conducted only in sea
states of 3.5 or less on the Beaufort
scale. A sea state of 3 or less, with a
maximum wind speed of 10 knots (11.5
mph, 18.5 km/hr) which is considered
a gentle breeze, is fairly common off the
Gulf coast of Florida; however, a large
portion of time can be categorized as a
sea state of 4 (1–16 knots (13–18 mph,
21–29 km/hr), which is considered a
moderate breeze). Therefore, the
availability of the EGTTR for air-tosurface gunship use is limited during
anything over sea state 3, especially
during the winter. Eglin AFB requested
gunship missions be allowed in sea
states up to 4 on the Beaufort scale.
NMFS concurs with this request. Under
these conditions, whitecaps are fairly
frequent on the sea surface, but sea
spray does not occur. Sea spray,
whitecaps, and large waves can decrease
the effectiveness of LR detection.
However, A-S gunnery missions are not
conducted if such conditions make
observation of the gunnery target (the
flare) problematic. Eglin and NMFS
expect that marine species can be
observed in weather conditions that
allow observation of the gunnery target
flare. As wave height is difficult to
determine from the air, particularly at
night, Eglin believes that wind speed, as
provided by accepted forecasting outlets
such as the National Weather Service,
be the determining factor for weather
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restrictions. NMFS concurs and has
made this modification to the 2008 IHA
for Eglin’s A-S gunnery exercises.
In summary, NMFS concurs with the
determinations made by Eglin AFB and
has made the following modifications to
the mitigation and monitoring measures
in the Eglin AFB’s A-S Gunnery IHA: (1)
amended the requirement for visual
surveys to be conducted at a 6,000 ft
(1,829 m) altitude as the sensor-based
observation effectiveness is superior to
visual survey effectiveness; (2) if there
is an initial gun calibration period, the
ramp-up procedure is required for the
initial gun calibration, and that after this
phase the guns may be fired in any
order; and (3) gunship missions may
proceed when sea states are up to 4 on
the Beaufort scale.
Determinations
For reasons described in this Federal
Register document, NMFS has
determined that Eglin AFB’s A-S
gunnery activity will not result in the
mortality or injury of marine mammals
(see Table 11) and, would result in, at
worst, a temporary elevation in hearing
sensitivity (known as TTS). As
indicated in Table 11, Eglin AFB and
NMFS estimate that up to 271 marine
mammals may incur Level B (TTS)
harassment annually. Also, because
these gunnery exercises result in
multiple detonations, they have the
potential to also result in a temporary
modification in behavior by marine
mammals at levels below TTS. Based on
NMFS’ estimates, up to 25 marine
mammals may experience a behavioral
response to these exercises during the
time-frame of an IHA (see Table 11).
Finally, while one would generally
expect the threshold for behavioral
modification to be lower than that
causing TTS, due to a lack of empirical
information and data, a dual criteria for
Level B behavioral harassment cannot
be developed. However, to ensure that
takings are covered by this IHA, NMFS
estimates that approximately 1,000
marine mammals of 16 stocks may incur
Level B (harassment) takes during the 1year period of this IHA. NMFS believes
that this number will be significantly
lower due the to the expected high
effectiveness of the mitigation measures
required under the IHA.
NMFS believes therefore, that these
A-S gunnery activities will have a
negligible impact on the affected species
or stocks of marine mammals. NMFS
believes that the modifications to the
current mitigation requirements will not
result in an increase in Level B
harassment levels estimated in 2006.
The previously discussed modifications
(protected species survey altitude,
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ramp-up procedures, and sea state
conditions) to the mitigation measures
in Eglin’s 2006 IHA for the A-S gunnery
exercises in the EGTTR, is unlikely to
change NMFS’ 2006 determination.
Finally, because Eglin AFB’s activities
will not take place where subsistence
uses of marine mammals occur, it would
not have an unmitigable adverse impact
on the availability of marine mammals
for subsistence uses identified in MMPA
section 101(a)(5)(D)(i), 16 USC
1371(a)(5)(D)(i).
Endangered Species Act (ESA)
Consultation under section 7 of the
ESA on Eglin AFB’s A-S Gunnery
Missions in the EGTTR was completed
on December 18, 1998. Consultation was
reinitiated by Eglin AFB with NMFS on
February 13, 2003, and concluded on
October 20, 2004. A Biological Opinion
issued by NMFS on October 20, 2004,
concluded that the A-S gunnery
exercises in the EGTTR are unlikely to
jeopardize the continued existence of
species listed under the ESA that are
within the jurisdiction of NMFS or
destroy or adversely modify critical
habitat. NMFS has determined that this
action, including the modifications to
the mitigation and monitoring measures,
does not have effects beyond that which
was analyzed in that previous
consultation, it is within the scope of
that action and reinitiation of
consultation is not necessary.
National Environmental Policy Act
(NEPA)
The USAF made a Finding of No
Significant Impact (FONSI)
determination on August 18, 2003,
based on information contained within
its November, 2002 Final PEA, that
implementation of the subject action is
not a major Federal action having
significant effects on the environment
within the meaning of NEPA. The USAF
determined, therefore, that an
environmental impact statement (EIS)
would not be prepared. NMFS noted
that Eglin AFB had prepared a Final
PEA for the EGTTR activity and made
this Final PEA available upon request
on January 23, 2006 (71 FR 3474). In
accordance with NOAA Administrative
Order 216–6 (Environmental Review
Procedures for Implementing the
National Environmental Policy Act, May
20, 1999), NMFS reviewed the
information contained in Eglin AFB’s
Final PEA and, on May 1, 2006,
determined that Eglin AFB’s Final PEA
accurately and completely described the
proposed action, the alternatives to the
proposed action, and the potential
impacts on marine mammals,
endangered species, and other marine
E:\FR\FM\22DEN1.SGM
22DEN1
Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices
life that could be impacted by the
preferred alternative and the other
alternatives. Accordingly, NMFS
adopted Eglin AFB’s Final PEA under
40 CFR 1506.3 and made its own FONSI
on May 16, 2006. The NMFS FONSI also
took into consideration updated data
and information contained in NMFS’
Federal Register document noting
issuance of an IHA to Eglin AFB for this
activity (71 FR 27695, May 12, 2006),
and previous notices (71 FR 3474
(January 23, 2006); 70 FR 48675 (August
19, 2005)). Accordingly, on May 1, 2006,
NMFS adopted the USAF EA under 40
CFR 1506.3 and made its own FONSI).
This FONSI was signed on May 16,
2006.
As the issuance of a new IHA to Eglin
AFB amends three of the mitigation
measures for reasons of practicality and
safety, NMFS reviewed Eglin AFB’s
2002 Final PEA and determined that a
new EA was warranted to address: (1)
the proposed modifications to the
mitigation and monitoring measures; (2)
the use of 23 psi as a change in the
criterion for estimating potential
impacts on marine mammals from
explosives; and (3) a cumulative effects
analysis of potential environmental
impacts from all GOM activities
(including Eglin mission activities),
which was not addressed in Eglin AFB’s
2002 Final PEA. Therefore, NMFS has
prepared a new EA and issued a FONSI
for this action. Based on these findings,
NMFS has determined that it is not
necessary to complete an EIS for the
issuance of an IHA to Eglin AFB for this
activity.
Authorization
NMFS has issued an IHA to Eglin
AFB for conducting A-S gunnery
exercises within the EGTTR in the
northern GOM for a 1-year period,
provided the mitigation, monitoring,
and reporting requirements are
undertaken.
PLACE: 1155 21st St., NW., Washington,
DC, 9th Floor Commission Conference
Room.
STATUS:
AGENCY HOLDING THE MEETING:
MATTERS TO BE CONSIDERED:
Surveillance Matters.
CONTACT PERSON FOR MORE INFORMATION:
Sauntia S. Warfield, 202–418–5084.
Sauntia S. Warfield,
Staff Assistant.
[FR Doc. E8–30519 Filed 12–18–08; 4:15 pm]
BILLING CODE 6351–01–P
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
AGENCY HOLDING THE MEETING:
Commodity Futures Trading
Commission.
BILLING CODE 6351–01–P
11 a.m., Friday, January
9, 2009.
COMMODITY FUTURES TRADING
COMMISSION
PLACE: 1155 21st St., NW., Washington,
DC, 9th Floor Commission Conference
Room.
Sunshine Act Meetings
STATUS:
Closed.
MATTERS TO BE CONSIDERED:
Surveillance
Matters.
CONTACT PERSON FOR MORE INFORMATION:
Sauntia S. Warfield, 202–418–5084.
Sauntia S. Warfield,
Staff Assistant.
[FR Doc. E8–30523 Filed 12–18–08; 4:15 pm]
BILLING CODE 6351–01–P
Sunshine Act Meetings
Commodity Futures Trading
Commission.
2:00 p.m., Wednesday,
January 21, 2009.
TIME AND DATE:
1155 21st St., NW., Washington,
DC, 9th Floor Commission Conference
Room.
PLACE:
STATUS:
Closed.
mstockstill on PROD1PC66 with NOTICES
COMMODITY FUTURES TRADING
COMMISSION
MATTERS TO BE CONSIDERED:
Sunshine Act Meetings
CONTACT PERSON FOR MORE INFORMATION:
Enforcement Matters.
Sauntia S. Warfield, 202–418–5084.
AGENCY HOLDING THE MEETING:
Commodity Futures Trading
Commission.
TIME AND DATE: 11 a.m., Friday, January
16, 2009.
VerDate Aug<31>2005
19:07 Dec 19, 2008
Jkt 217001
Sauntia S. Warfield,
Staff Assistant.
[FR Doc. E8–30526 Filed 12–18–08; 4:15 pm]
BILLING CODE 6351–01–P
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
AGENCY HOLDING THE MEETING:
Commodity Futures Trading
Commission.
TIME AND DATE: 11 a.m., Friday, January
30, 2009.
PLACE: 1155 21st St., NW., Washington,
DC, 9th Floor Commission Conference
Room.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
Surveillance Matters.
CONTACT PERSON FOR MORE INFORMATION:
Sauntia S. Warfield, 202–418–5084.
Sauntia S. Warfield,
Staff Assistant.
[FR Doc. E8–30530 Filed 12–18–08; 4:15 pm]
BILLING CODE 6351–01–P
AGENCY HOLDING THE MEETING:
BILLING CODE 3510–22–S
Commodity Futures Trading
Commission.
TIME AND DATE: 11 a.m., Friday, January
23, 2009.
PLACE: 1155 21st St., NW., Washington,
DC, 9th Floor Commission Conference
Room.
STATUS: Closed.
MATTERS TO BE CONSIDERED: Surveillance
Matters.
CONTACT PERSON FOR MORE INFORMATION:
Sauntia S. Warfield, 202–418–5084.
Sauntia S. Warfield,
Staff Assistant.
[FR Doc. E8–30528 Filed 12–18–08; 4:15 pm]
COMMODITY FUTURES TRADING
COMMISSION
Dated: December 11, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–30359 Filed 12–19–08; 8:45 am]
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
Closed.
TIME AND DATE:
78331
CONSUMER PRODUCT SAFETY
COMMISSION
Accreditation Requirements for Third
Party Conformity Assessment Bodies
To Test To the Requirements for Lead
Content in Children’s Metal Jewelry as
Established by the Consumer Product
Safety Improvement Act of 2008
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice of requirements for
accreditation of third party conformity
assessment bodies to assess conformity
with the 600 parts per million (‘‘ppm’’)
and 300 ppm lead content limits in
metal and metal alloy parts of children’s
E:\FR\FM\22DEN1.SGM
22DEN1
]]>Agencies
[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78318-78331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30359]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XM10
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Conducting Air-to-Surface Gunnery Missions in the Gulf of
Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that an Incidental
Harassment Authorization (IHA) to take marine mammals, by harassment,
incidental to conducting air-to-surface (A-S) gunnery missions in the
Gulf of Mexico (GOM), a military readiness activity, has been issued to
Eglin Air Force Base (Eglin AFB) for a period of 1 year.
DATES: Effective from December 11, 2008, through December 10, 2009.
ADDRESSES: The authorization, Eglin AFB's application containing a list
of the references used in this document, and NMFS' Environmental
Assessment (EA) may be obtained by writing to P. Michael Payne, Chief,
Permits, Conservation and Education Division, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910-3226. A copy of Eglin's original 2003
application and its December, 2006 letter updating its request may be
obtained by writing to this address, by telephoning the contact listed
here (see FOR FURTHER INFORMATION CONTACT) and is also available at:
https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. A copy
of the Final Programmatic EA (Final PEA) is available by writing to the
Department of the Air Force, AAC/EMSN, Natural Resources Branch, 501
DeLeon St., Suite 101, Eglin AFB, FL 32542-5133.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, 301-
713-2289, ext 128.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(D) of the Marine Mammal
Protection Act (16 U.S.C. 1361 et seq.)(MMPA) direct the Secretary of
Commerce (Secretary) to allow, upon request, the incidental, but not
intentional taking of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and regulations are
issued or, if the taking is limited to harassment, a notice of a
proposed authorization is provided to the public for review.
Permission may be granted if NMFS finds that the taking will have a
negligible impact on the affected species or stock(s), will not (where
relevant) 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 takings 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.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take marine mammals by harassment. The National Defense
Authorization Act of 2004 (NDAA) (P.L. 108-136) removed the ``small
numbers'' and ``specified geographical region'' limitations and amended
the definition of harassment as it applies to ``military readiness
activities'' to read as follows:
(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
Eglin AFB originally petitioned NMFS on February 13, 2003, for an
authorization under section 101(a)(5)(D) of the MMPA for the taking, by
Level B harassment, of several species of marine mammals incidental to
programmatic mission activities within the Eglin Gulf Test and Training
Range (EGTTR). The EGTTR is described as the airspace over the GOM that
is controlled by Eglin AFB. A notice of receipt of Eglin's application
and proposed IHA and request for 30-day public comment was published on
January 23, 2006 (71 FR 3474). A 1-year IHA was subsequently issued to
Eglin AFB for this activity on May 3, 2006 (71 FR 27695, May 12, 2006).
On January 29, 2007, NMFS received a request from Eglin AFB for a
renewal of its IHA, which expired on May 2, 2007. This application
addendum requested revisions to three components of the IHA
requirements: protected species surveys, ramp-up procedures, and sea
state restrictions. A Federal Register notice of receipt of the
application and proposed IHA published on May 30, 2007 (72 FR 29974).
These proposed modifications
[[Page 78319]]
are addressed in detail later in this document (see ``Comments and
Responses'' and ``Modifications to the Mitigation and Monitoring
Requirements'').
A description of Eglin AFB's A-S gunnery activity follows.
Description of Activities
A-S gunnery missions, a ``military readiness activity,'' involve
surface impacts of projectiles and small underwater detonations with
the potential to affect cetaceans that may occur within the EGTTR.
These missions typically involve the use of 25-mm (0.98-in), 40-mm
(1.57-in), and 105-mm (4.13-in) gunnery rounds containing, 0.0662 lb
(30 g), 0.865 lb (392 g), and 4.7 lbs (2.1 kg) of explosive,
respectively. Live rounds must be used to produce a visible surface
splash that must be used to ``score'' the round (the impact of inert
rounds on the sea surface would not be detected). The U.S. Air Force
(USAF) has developed a 105-mm training round (TR) that contains less
than 10 percent of the amount of explosive material (0.35 lb; 0.16 kg)
as compared to the ``Full-Up'' (FU) 105-mm (4.13 in) round. The TR was
developed as one method to mitigate effects on marine life during
nighttime A-S gunnery exercises when visibility at the water surface is
poor. However, the TR cannot be used in daytime since the amount of
explosive material is insufficient to be detected from the aircraft.
Water ranges within the EGTTR that are typically used for the
gunnery operations are located in the GOM offshore from the Florida
Panhandle (areas W-151A, W-151B, W-151C, and W-151D as shown in Figure
1-2 in Eglin's 2003 application). Data indicate that W-151A (Figure 1-3
in Eglin's application) is the most frequently used water range due to
its proximity to Hurlburt Field, but activities may occur anywhere
within the EGTTR.
As required under the 2006 IHA, the AC-130 gunship aircraft was to
conduct at least two complete orbits at a minimum safe airspeed around
a prospective target area at a maximum altitude of 1,500 ft (457 m).
Based on an amendment requested by Eglin AFB and implemented here for
safety reasons, NMFS recommends an operational altitude of
approximately 4,500 to 10,000 ft (1,372-3,048 m). Ascent occurs over a
10-15 minute period. Eglin AFB has noted that the search area for these
orbits ensures that no vessels (or protected species) are within an
area of 5 nm (9.3 km) of the target. The AC-130 continues orbiting the
selected target point as it climbs to the mission-testing altitude.
During the low altitude orbits and the climb to testing altitude,
aircraft crew visually scan the sea surface within the aircraft's orbit
circle for the presence of vessels and protected species. Primary
responsibility for the surface scan is on the flight crew in the
cockpit and personnel stationed in the tail observer bubble and
starboard viewing window. The AC-130's optical and electronic sensors
are also employed for target clearance. If any marine mammals are
detected within the AC-130's orbit circle, either during initial
clearance or after commencement of live firing, the aircraft will
relocate to another target area and repeat the clearance procedures. A
typical distance from the coast for this activity is at least 15 mi (24
km).
When offshore, the crews can scan a 5-nm (9.3-km) radius around the
potential impact area to ensure it is clear of surface craft, marine
mammals, and sea turtles. Scanning is accomplished using radar, all-
light television (TV), infrared sensors (IR), and visual means. An
alternative area would be selected if any cetaceans or vessels were
detected within a 5-nm (9.3 km) search area. Once the scan is
completed, Mk-25 flares are dropped and the firing sequence is
initiated.
A typical gunship mission lasts approximately 5 hr without
refueling and 6 hr when air-to-air refueling is accomplished. A typical
mission includes: (1) 30 min for take off and to perform airborne
sensor alignment, align electro-optical sensors (IR and TV) to heads-up
display; (2) 1.5 to 2 hr of dry fire (no ordnance expended) and
includes transition time; (3) 1.5 to 2 hr of live fire, and includes
clearing the area and transiting to and from the range (actual firing
activities typically do not exceed 30 min); (4) 1 hr air-to-air
refueling, if and when performed; and (5) 30 min of transition work
(take-offs, approaches, and landings-pattern work).
The guns are fired during the live-fire phase of the mission. The
actual firing can last from 30 min to 1.5 hr but is typically completed
in 30 min. The number and type of A-S gunnery munitions deployed during
a mission varies with each type of mission flown. In addition to the
25-, 40-, and 105-mm rounds, marking flares are also deployed as
targets. All guns are fired at a specific target in the water, usually
an Mk-25 flare, starting with the lowest caliber ordnance or action
with the least impact and proceeding to greater caliber sizes. To
establish the test target area, two Mk-25 flares are deployed into the
center of the 5-nm (9.3-km) radius cleared area (visually clear of
aircraft, ships, and surface marine species) on the water's surface.
The flare's burn time normally lasts 10 to 20 min but could be much
less if actually hit with one of the ordnance projectiles; however,
some flares have burned as long as 40 min. Live fires are a continuous
event with pauses during the firing usually well under a minute and
rarely from 2 to 5 min. Firing pauses would only exceed 10 min if
surface boat traffic or marine protected species caused the mission to
relocate; if aircraft, gun, or targeting system problems existed; or if
more flares needed to be deployed. The Eglin Safety Office has
described the gunnery missions as having 95-percent containment with a
99-percent confidence level within a 5-m (16.4-ft) area around the
established flare target test area.
Live-fire Event: 25-mm Round
The 25-mm (0.98-in) firing event in a typical mission includes
approximately 500 to 1000 rounds. These rounds are fired in short
bursts. These bursts last approximately 2-3 s with approximately 100
rounds per burst. Based on the very tight target area and extremely
small miss distance, these bursts of rounds all enter the water within
a 5-m (16.4-ft) area. Therefore, when calculations of the marine mammal
Zone of Impact (ZOI) and take estimates are made later in this document
for the 25-mm rounds, calculations will be based on the total number of
rounds fired per year divided by 100.
Live-fire Event: 40-mm Round
The 40-mm (1.57 in) firing event of a typical mission includes
approximately 10 s with approximately 20 rounds per burst. Based on the
very tight target area and extremely small ``miss'' distance, these
bursts of rounds all enter the water within a 5-m (16.4 ft) area.
Therefore, when calculations of the marine mammal ZOI and take
estimates are made later in this document for the 40-mm rounds,
calculations will be based on the total number of rounds fired per year
divided by 20.
Live-fire Event: 105-mm Round
The 105-mm firing event of a typical mission includes approximately
20 rounds. These rounds are not fired in bursts, but as single shots.
The 105-mm firing event lasts approximately 5 min with approximately
two rounds per minute. Due to the single firing event of the 105-mm
round, the peak pressure of each single 105-mm round is measured at a
given distance (90 m (295 ft)) for the 105mm TR and 216 m (709 ft) for
the 105mm FU).
[[Page 78320]]
As described in Eglin's 2003 application, gunnery testing in this
request includes historical baseline yearly amounts in addition to
proposed nighttime gunnery missions. Daytime gunnery testing uses the
105-mm FU round and nighttime gunnery training is proposed using the
105-mm TR. The number of 105-mm rounds including nighttime operations
would amount to 1,742. As shown in detail in Tables 1 and 2, Eglin
proposes to conduct a total of 28 daytime missions and 263 nighttime
missions annually, expending 3,832 rounds in daytime and 30,802 rounds
nighttime (242 105-mm FU and 1,500 rounds would be the 105-mm TR).
Comments and Responses
A notice of receipt of Eglin AFB's application for an incidental
take authorized under section 101(a)5)(D) of the MMPA and request for
30-day public comment on the application and the proposed IHA was
published on May 30, 2007 (72 FR 29974). During the 30-day public
comment period, NMFS received comments from the Marine Mammal
Commission (the Commission) and a member of the public.
Comment 1: A member of the public noted that it is not ``incidental
at all to kill whales, dolphins, and other marine life by firing flares
and bombs at them.''
Response: Eglin AFB proposes to conduct air-to-surface gunnery
exercises, a military readiness activity. Eglin does not fire flares,
gunnery rounds, or bombs at marine mammals, but instead prevents injury
or mortality to marine mammals by implementing mitigation measures. In
order to reduce the probability of injuring or harassing a marine
mammal that may be in the area where gunnery exercises occur, Eglin AFB
will implement a suite of mitigation and monitoring measures as
described in this document. For example, Eglin AFB will cease A-S
gunnery exercises if marine mammals are detected within a 5-nm (9.8 km)
radius of the target area. These measures are described later in this
document.
Table 1. Summary of Daytime Gunnery Testing Operations in the EGTTR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baseline Quantity of Number of Number of
Test Area Category Expendable Condition Expendables Missions Events
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151A GUN 105 mm HE LIVE 128 6 18
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 25 mm HEI LIVE 1,275 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 536 6 18
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151B GUN 105 mm HE LIVE 46 2 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 25 mm HEI LIVE 294 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 146 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151C GUN 105 mm HE LIVE 10 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 25 mm HEI LIVE 142 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 50 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151D GUN 105 mm HE LIVE 39 2 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 25 mm HEI LIVE 567 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 198 2 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151S GUN 105 mm HE LIVE 19 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 25 mm HEI LIVE 283 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 99 1 3
Total .......... ............... ........... 3,832 28 74
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2. Summary of Nighttime Gunnery Training Operations in the EGTTR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Number of
Test Area Category Expendable Condition Alt. 3 Quantity Missions Events
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151A GUN 105 mm TR LIVE 902 45 135
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 25 mm HEI LIVE 7,864 8 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 9,811 102 306
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151B GUN 105 mm TR LIVE 255 13 39
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 25 mm HEI LIVE 1,452 2 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 3,023 31 93
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151C GUN 105 mm TR LIVE 197 9 36
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 78321]]
.......... 25 mm HEI LIVE 2,301 2 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 2,302 24 72
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151D GUN 105 mm TR LIVE 133 7 21
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 25 mm HEI LIVE 830 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 1,583 16 48
--------------------------------------------------------------------------------------------------------------------------------------------------------
W-151S GUN 105 mm TR LIVE 13 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 25 mm HEI LIVE 54 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
.......... 40 mm HEI LIVE 82 1 3
Total .......... ............... ........... 30,802 263 770
--------------------------------------------------------------------------------------------------------------------------------------------------------
The MMPA authorizes the taking of marine mammals provided the
taking is incidental to conducting the otherwise lawful activity. In
this case, the USAF has obtained a permit (called an IHA under section
101(a)(5)(D) of the MMPA or a Letter of Authorization (LOA) under
section 101(a)(5)(A) of the MMPA) to take marine mammals incidental to
military readiness activities. This process was explained earlier in
this document.
Comment 2: The member of the public continues that the awful aim of
these alleged military people is shown by the recent firing of a flare
at Warren Grove firing range recently that burned 17,000 acres of the
New Jersey Pinelands. That shows the inaccuracy of their aim. The
commenter states that ``Regarding the statements about the care they
will take, they told us that before they bombed the school near Warren
Grove gunnery range too. They set fires there with another mistake
about 5 years ago that burned 14,000 acres. These alleged mistakes on
killing and environmental destruction happen far too often with our
military.''
Response: The commenter is referring to incidents that occurred at
the New Jersey Air National Guard base at Warren Grove, NJ. Information
on these incidents is available through Wikipedia, GlobalSecurity and
other Internet sites. Accidents at this military base are not related
to Eglin AFB's offshore activity in the GOM. As mentioned previously,
the Eglin AFB Safety Office has described the gunnery missions as
having 95-percent containment with a 99-percent confidence level within
a 5-m (16.4-ft) area around the established flare target test area. As
a result, NMFS believes that no marine mammals will be killed or
seriously injured as a result of Eglin AFB's A-S gunnery exercises.
Comment 3: The Commission recommends that NMFS issue the requested
authorization, provided that the applicant be required to conduct all
practicable monitoring and mitigation measures that reasonably can be
expected to protect the potentially affected marine mammal species from
serious injury.
Response: NMFS has determined that the mitigation measures proposed
by Eglin AFB and required by NMFS under a new IHA for the A-S Gunnery
exercises will protect marine mammals from any injury or mortality and
will reduce Level B harassment impacts to the lowest level practicable.
Comment 4: The Commission recommends that NMFS should require that
the applicant's annual report of activities include a detailed
assessment of the effectiveness of sensor-based monitoring in detecting
marine mammals and sea turtles in the area of operations.
Response: NMFS agrees and has requested this information as part of
its annual monitoring report.
Comment 5: The Commission recommends that NMFS should require the
applicant to provide additional information to support its request for
the revision of sea state restrictions.
Response: NMFS does not agree that additional information is needed
at this time. NMFS points out that a mitigation requirement for not
conducting an activity in a sea state greater than 3 (in some cases,
3.5) is standard for vessel and aircraft using marine mammal observers.
However, in the IHA application, Eglin AFB makes clear that it would be
difficult for Eglin AFB to conduct operations with a limitation of a
sea state of 3 or less. As Eglin AFB explains in their current IHA
application, sea state 4 encompasses wind speed up to a maximum of 16
knots (18 mph). Under these conditions, whitecaps are fairly frequent
on the sea surface, but sea spray does not occur. Sea spray, whitecaps,
and large waves can decrease the effectiveness of IR detection.
However, marine species can usually be observed in weather conditions
that allow observation of the target flare. One must remember that
visual observations are enhanced, especially at night, by use of the
AN/AAQ-26 infrared detection equipment in concert with the All-Light
TV, which are the primary sensors utilized to clear an over-water
range. Therefore, because Eglin AFB relies principally on electronic
detection instrumentation and less on visual observations, an increase
in sea state from 3 to 4 is unlikely to compromise mitigation
effectiveness or result in the probability of increased harassment,
injury or mortality to marine mammals.
Comment 6: The Commission reiterates its view that an across-the-
board definition of temporary threshold shift (TTS) as constituting no
more than Level B harassment inappropriately dismisses possible injury
and biologically significant behavioral changes that may occur if an
animal's hearing is compromised, even temporarily.
Response: This issue has been addressed several times by NMFS in
the past (see for example 70 FR 48675, August 19, 2005; and 66 FR
22450, May 4, 2001). As stated in those documents, the best scientific
information available concludes that TTS is not an auditory injury, but
is a temporary physiological reaction on the part of mammals to avoid
an injury. The Commission, however, argues for considering TTS as both
Level A harassment and Level B
[[Page 78322]]
harassment based on conjecture on what might occur if a marine mammal
with compromised hearing was at a disadvantage for survival. As noted
previously, it is likely that marine mammals evolved certain behavioral
responses to address natural loud noises in the environment (for
example, billions of lightning strikes per year on the ocean at about
260 dB peak) by changes in conspecific spatial separation. For a more
detailed analysis of why TTS is not considered Level A harassment,
please refer to the Federal Register citations provided here. You may
also refer to Southall et al. (2007) for information on this subject.
Comment 7: With regard to estimates of potential take, the
Commission states that NMFS appears to assume that nine of ten animals
that are exposed to sounds loud enough to temporarily deafen them would
not be otherwise disturbed. The Commission believes that the literature
on marine mammals contains considerable evidence that marine mammals
will exhibit significant changes in their behavioral patterns in
response to sounds much less intense than those required to cause TTS.
Response: First, NMFS cautions against using incorrect terminology.
Marine mammals subject to TTS are not ``deafened,'' even temporarily.
Instead, marine mammals with TTS have a decrease in hearing sensitivity
that may last from a few seconds to several hours, depending upon
several factors. That does not mean that they cannot hear, only that
they may not perceive those quieter sounds that are below this
temporary hearing threshold. Humans may incur with same temporary
phenomenon when using iPods and attending loud sporting events or
concerts.
Second, for Eglin AFB's air-to-surface gunnery activity, Eglin and
NMFS have calculated estimates for behavioral responses by marine
mammals at levels lower than TTS. In the case of the A-S gunnery
exercises, this is due to multiple detonations and potential marine
mammal exposures by the gunnery activity. These calculations are
provided later in this document. However, in other applications, when
there are only single detonations (such as in Eglin AFB's Precision
Strike Weapon and the U.S. Navy shock trials), it is unlikely that
marine mammals would have a significant behavioral response (but may
have a response due to TTS, which has been accounted for) to the single
detonation. For more information on this subject, NMFS recommends
interested readers review Appendices C and D of the Navy's 2008 Final
Environmental Impact Statement (EIS) for the MESA VERDE shock trial.
The Navy's Final EIS is available for viewing or downloading at: http:/
/www.mesaverdeeis.com.
Comment 8: The Commission recommends that NMFS either provide a
rational explanation for what appears to be an assumption that marine
mammals would have to experience sound levels well above that required
to cause TTS before they would experience a behavioral disturbance or
revise its estimates of the number of animals to be taken by behavioral
disturbance to a more realistic number.
Response: NMFS believes that the Commission is referring to Table 1
in the earlier Federal Register notice (and Table 11 in this Federal
Register notice) wherein Eglin AFB and NMFS have provided estimates for
Level A harassment (injury), Level B harassment (TTS) and Level B
harassment (behavioral harassment). For Level B harassment, we have
provided those estimates using the dual criteria (energy and pressure)
for TTS, but only for pressure for behavioral harassment. As explained
previously, NMFS adopted a dual criterion for TTS Level B harassment,
but has not adopted a dual criterion for non-TTS behavioral responses
by marine mammals. A TTS pressure criterion was added during earlier
shock trial rulemakings (see 87 FR 22450, May 4, 2001) to provide a
more conservative zone for calculating potential TTS exposures when the
explosive or the animal approaches the sea surface (for which cases the
explosive energy is reduced but the peak pressure is not). Originally
established at 12 psi for large charges (such as in the 10,000 lb (4536
kg) shock trials), empirical research now supports a pressure metric of
23 psi, as explained previously (see 70 FR 48675, August 19, 2005). The
23-psi metric for onset TTS was adopted previously by NMFS for this
action and by the U.S. Navy for large detonations (see reference
provided in previous response.) Explanation is provided elsewhere in
this document (and in the proposed IHA notice) on NMFS' incorporation
of 176 dB (SEL) for calculating behavioral responses below TTS.
Therefore, while NMFS believes that one would generally expect the
pressure (dB) threshold for behavioral modification to be lower than
that causing TTS, due to a lack of empirical information and data, a
dual criteria for Level B behavioral harassment cannot be developed.
Later in this document, NMFS has estimated potential Level B
(behavioral) harassment below TTS due to the multiple detonations
occurring as part of this activity. In addition, NMFS plans to
investigate this situation during the development of a proposed rule on
this action and will provide the Commission and the public additional
information at that time.
Comment 9: The Commission recommends that NMFS review and provide
more reasonable justification for its models and assumptions that lead
to the conclusion that no animals will be killed during the course of a
full year of such exercises. The Commission also questions NMFS' method
for estimating the number of animals that may be killed by these
exercises.
Response: This information was provided in the 2006 notice of
issuance of an IHA to Eglin AFB for A-S gunnery exercises (71 FR 27695,
May 12, 2006). NMFS recommends that reviewers of this year's
application refer to that document for additional information. However,
as a result of the Commission's recommendation and to ensure clarity of
its MMPA determinations, NMFS has reprinted those findings in this
document.
Comment 10: The Commission notes that in its response to its
comments on the previous year's request for an IHA (71 FR 27701, May
12, 2006), NMFS suggested that to experience a significant behavioral
disturbance, animals would have to be within 22.1 m (72.5 ft) of the
zone of impact from an aircraft flying at 6,000 ft (1829 m). In this
year's analysis, NMFS indicates that up to 25 animals may be at least
that close, but that none would be killed. It seems hard to imagine
that, either through inaccuracy in firing or confusion on the part of
animals within 22 m (72 ft) (e.g., darting into the zone of impact), no
animals would be killed over the course of a year of such exercises.
For that reason, the Commission recommends that NMFS review and provide
a more reasonable justification for its models and assumptions that
lead to the conclusion that no animals will be killed during the course
of a full year of such exercises.
Response: NMFS has republished in this document several tables on
the calculations for direct physical impact (DPI) that were published
in the cited 2006 Federal Register notice. These tables all indicate
that the potential for mortality is close to non-existent. In the
proposed IHA notice, NMFS published the calculations for estimating the
potential for marine mammals to be harassed, injured or killed as a
result of A-S gunnery exercises. NMFS has not received any comments
from the public or the Commission criticizing the methodology of these
calculations (they are not based on models, but on calculations based
on species/stock
[[Page 78323]]
density, area of impact and number of events as described previously
and later in this document). The hypothesis proposed by the Commission
that animals may dart into the small DPI zone(s) fails to account for
the effectiveness of the mitigation measures required under the IHA.
These measures are analyzed later in this document. Since the usual
area of these live-fire events are in coastal waters, the marine
mammals will likely be detectable electronically to the aircraft
personnel when at firing altitude. As a final note, if marine mammals
have been seriously injured or killed by A-S gunnery exercises in the
past, necropsies of GOM marine mammals stranded on a beach should have
indicated single or multiple wounds caused by gunnery projectiles. NMFS
is unaware of any marine mammals containing the projectiles with a
caliber consistent with that used by Eglin.
Comment 11: The Commission notes that NMFS is proposing to require
that operations be suspended immediately if a dead or seriously injured
marine mammal is found in the vicinity of the operations and the death
or injury could have occurred incidental to the gunnery activities. Any
such suspension should remain in place until NMFS has (1) reviewed the
situation and determined that further mortalities or serious injuries
are unlikely to occur or (2) issued regulations authorizing such takes
under section 101(a)(5)(A) of the MMPA.
Response: NMFS agrees. In the case of Eglin AFB's A-S Gunnery
exercises, if marine mammals are found with injuries from gunnery
rounds matching those used by the AC-130 gunships, NMFS will suspend
Eglin's IHA until such time as (1) another cause for the wound(s) is/
are found to have caused the animal(s) demise; (2) Eglin AFB
reevaluates the A-S gunnery program and adds additional mitigation to
ensure that marine mammals are not seriously injured or killed by
future A-S Gunnery exercises, or (3) Eglin AFB receives an
authorization under section 101(a)(5)(A) of the MMPA. In that latter
regard, irregardless of whether mortality is a possibility, NMFS plans
to issue proposed regulations for Eglin's A-S Gunnery exercises to be
effective upon expiration of this IHA.
Description of Marine Mammals Affected by the Activity
There are 29 species of marine mammals documented as occurring in
Federal waters of the GOM. Of these 29 species of marine mammals,
approximately 21 may be found within the EGTTR. These species are the
Bryde's whale, sperm whale, dwarf sperm whale, pygmy sperm whale,
Atlantic bottlenose dolphin, Atlantic spotted dolphin, pantropical
spotted dolphin, Blainville's beaked whale, Cuvier's beaked whale,
Gervais' beaked whale, Clymene dolphin, spinner dolphin, striped
dolphin, killer whale, false killer whale, pygmy killer whales, Risso's
dolphin, Fraser's dolphin, melon-headed whale, rough-toothed dolphin,
and pilot whale. General information on these species can be found in
Wursig et al. (2000) and in the NMFS Stock Assessment Reports (Waring
et al., 2007). This latter document is available at: https://
www.nefsc.noaa.gov/nefsc/publications/tm/tm205/. General information on
Florida manatees, which is not a species under NMFS jurisdiction, can
be found in the Florida Manatee Recovery Plan (USFWS, 2001).
Potential Impacts to Marine Mammals
A-S gunnery operations may potentially impact marine mammals at or
near the water surface. Marine mammals could potentially be harassed,
injured or killed by exploding and non-exploding projectiles, and
falling debris (Eglin, 2002 (Final PEA)). However, based on analyses
provided in the Eglin Final PEA, Eglin's Supplemental Information
Request (2003), and NMFS' 2008 EA, NMFS concurs with Eglin that gunnery
exercises are not likely to result in any injury or mortality to marine
mammals.Explosive criteria and thresholds for assessing impacts of
explosions on marine mammals were discussed by NMFS in detail in its
issuance of an IHA for Eglin's Precision Strike Weapon testing activity
(70 FR 48675, August 19, 2005) and are not repeated here. Please refer
to that document for this background information.
Estimation of Take and Impact
Direct Physical Impacts (DPI)
Potential impacts resulting from A-S test operations include DPI
resulting from ordnance. DPI could result from inert bombs, gunnery
ammunition, and shrapnel from live missiles falling into the water.
Marine mammals swimming at the surface could potentially be injured or
killed by projectiles and falling debris if not sighted and firing
discontinued. Mainly due to the comparatively large number of rounds
expended, small arms gunnery operations offers a worst-case scenario
for evaluating DPI of EGTTR operations. Some small-arms gunnery rounds
contain small amounts of explosives, but the majority do not. However,
the possibility of DPI to marine mammals is considered highly unlikely.
Therefore, the risk of injury or mortality is low. The assumptions made
by Eglin AFB for DPI calculations can be found in Eglin's 2002 Final
PEA under the analysis for Alternative 1. Approximately 606 small-arms
gunnery firing events comprise the baseline level of potential DPI
events, as shown here in Table 3.
DPI impacts are only anticipated to affect marine species at or
very near the ocean surface. As a result, in order to calculate
impacts, Eglin used corrected species densities (see Table 4-23 in
Eglin's Final PEA) to reflect the surface interval population, which is
approximately 10 percent of densities calculated for distribution in
the total water column. As shown in Table 4 (and thereby correcting PEA
Table 4-23), the impacts to marine mammals swimming at the surface that
could potentially be injured or killed by projectiles and falling
debris was determined to be an average of 0.2059 marine mammals per
year. However, NMFS believes that the mitigation measures that Eglin
proposes under this action would significantly reduce even these low
levels.
In addition to small arms, Eglin calculated the potential for other
non-explosive items (bombs, missiles, and drones) to impact marine
mammals. The number of annual events expected are 551 bombs, 1,183
missiles, and 99 drones (see Table 5). As shown in Eglin's 2002 Final
PEA and Table 6 in this document, the potential for any DPI to marine
mammals is extremely remote (1 cetacean per 48 yr of activity) and can,
therefore, be discounted.
Similar to non-small arms/non-gunnery DPI impacts, DPI impacts from
gunnery activities may also affect marine mammals in the surface zone.
Again, DPI impacts are anticipated to affect only marine mammals at or
near the ocean surface, and not animals that are submerged at the time.
Accordingly, the density estimates have been adjusted to indicate
surface animals only being potentially affected. Using the firing
methodology explained earlier in this document, Tables 7 and 8
demonstrate that the potential for any DPI from gunnery activities are
extremely remote and can be discounted. Using the largest round (105
mm), it would take approximately 120 yr to impact a marine mammal from
daytime gunnery activities and approximately 27 yr to impact a marine
mammal from nighttime gunnery activities.
[[Page 78324]]
Table 3. EGTTR Air-to-Surface Gunnery/Small Arms Operations as Events
------------------------------------------------------------------------
Activity/EGTTR Event Percentage Number
------------------------------------------------------------------------
Small Arms-50 Cal Ball Events 16.3 percent 99
------------------------------------------------------------------------
Small Arms 5.56 Linked Events 0.8 percent 5
------------------------------------------------------------------------
Small Arms 7.62 mm Ball Events 82.8 percent 502
------------------------------------------------------------------------
Total Baseline -Small Caliber 100 percent 606
Events
------------------------------------------------------------------------
Table 4. Potential Small Arms DPI Impacts (Annual) to Marine Mammal Species
--------------------------------------------------------------------------------------------------------------------------------------------------------
Density (/ Adjusted Density Impact Zone Area\1\ Animals in Impact Zone Years To Impact 1
Species km\2\) (/km\2\) (km\2\) () Mammal()
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cetaceans 4.381 0.4381 0.047874 2.10E-02 48
--------------------------------------------------------------------------------------------------------------------------------------------------------
T&E Cetaceans 0.011 0.0011 0.047874 5.27E-05 18,989
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5. Non-Small Arms Operations as Events
------------------------------------------------------------------------
Activity/EGTTR Event Percentage Number
------------------------------------------------------------------------
Bombs 30.1 percent 551
------------------------------------------------------------------------
Missiles 64.5 percent 1183
------------------------------------------------------------------------
Drones 5.4 percent 99
------------------------------------------------------------------------
Total Baseline Non-Small Arms 100 percent 1833
Events
------------------------------------------------------------------------
Table 6. Potential Non-Small Arms/Non-Gunnery DPI Impacts (Annual) to Marine Mammal Species
--------------------------------------------------------------------------------------------------------------------------------------------------------
Density (/ Adjusted Density Impact Zone Area\1\ Animals in Impact Zone Years To Impact 1
Species km\2\) (/km\2\) (km\2\) () Mammal()
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cetaceans 4.381 0.4381 0.00688 0.003014128 332
--------------------------------------------------------------------------------------------------------------------------------------------------------
T&E Cetaceans 0.011 0.0011 0.0688 0.000007568 132,135
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7. Potential Daytime Gunnery DPI Impacts (annual) to Marine Cetaceans.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Density (/ Adjusted Density Impact Zone Area Number of Events Animals in Impact Years To Impact 1
Species/shell size km\2\) (/km\2\) (km\2\) () Zone () Animal ()
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cetacea 4.381 0.4381 .00007854 26 .000881198 1,135
(25mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cetacea 4.381 0.4381 .00007854 51 .001770311 565
(40mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cetacea 4.381 0.4381 .00007854 242 .008326827 120
(105mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 8. Potential Nighttime Gunnery DPI Impacts (annual) to Marine Cetaceans.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Density (/ Adjusted Density Impact Zone Area Number of Events Animals in Impact Years To Impact 1
Species/shell size km\2\) (/km\2\) (km\2\) () Zone () Animal ()
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cetacea 4.381 0.4381 .00007854 125 .004287972 233
(25mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cetacea 4.381 0.4381 .00007854 723 .024873814 40
(40mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cetacea 4.381 0.4381 .00007854 1061 .036507285 27
(105mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 78325]]
Marine Mammal Take Estimates from Gunnery Activities
Estimating the impacts to marine mammals from underwater
detonations is difficult due to complexities of the physics of
explosive sound under water and the limited understanding with respect
to hearing in marine mammals. Detailed assessments were made in the
notice for the previous IHA on this action (71 FR 27695, May 12, 2006)
and in this Federal Register notice. These assessments used, and
improved upon, the criteria and thresholds for marine mammal impacts
that were developed for the shock trials of the USS SEAWOLF and the USS
Winston S. Churchill (DDG-81) (Navy, 1998; 2001). The criteria and
thresholds used in those actions were adopted by NMFS for use in
calculating incidental takes from explosives. Criteria for assessing
impacts from Eglin AFB's A-S gunnery exercises include: (1) mortality,
as determined by exposure to a certain level of positive impulse
pressure (expressed as pounds per square inch per millisecond or psi-
msec); (2) injury, both hearing-related and non-hearing related; and
(3) harassment, as determined by a temporary loss of some hearing
ability and behavioral reactions. Similar to the effects from DPI, due
to the small amounts of net explosive weight (NEW) for each of the
rounds fired in the EGTTR and the mitigation measures required to be
implemented by NMFS, mortality resulting from either DPI or the
resulting sounds generated into the water column from detonations was
determined to be highly unlikely and was not considered further by
Eglin AFB or NMFS.
Permanent hearing loss is considered an injury and is termed
permanent threshold shift (PTS). NMFS, therefore, categorizes PTS as
Level A harassment. Temporary loss of hearing ability is termed TTS,
meaning a temporary reduction of hearing sensitivity which abates
following noise exposure. TTS is considered non-injurious and is
categorized as Level B harassment. NMFS recognizes dual criteria for
TTS, one based on peak pressure and one based on the greatest 1/3
octave sound exposure level (SEL) or energy flux density level (EFDL),
with the more conservative (i.e., larger) of the two criteria being
selected for impacts analysis (note: SEL and EFDL are used
interchangeably, but with increasing scientific preference for SEL).
The peak pressure metric used in previous shock trials to represent TTS
was 12 pounds per square inch (psi) which, for the NEW used, resulted
in a zone of possible Level B harassment approximately equal to that
obtained by using a 182 decibel (dB) re 1 microPa2-s, total EFDL/SEL
metric. The 12-psi metric is largely based on anatomical studies and
extrapolations from terrestrial mammal data (see Ketten, 1995; Navy,
1999 (Appendix E, Churchill FEIS; and 70 FR 48675 (August 19, 2005))
for background information). However, the results of a more recent
investigation involving marine mammals suggest that, for small charges,
the 12-psi metric is not an adequate predictor of the onset of TTS.
Finneran et al. (2002) measured TTS in a bottlenose dolphin and a
beluga whale exposed to single underwater impulses produced by a
seismic water gun in San Diego Bay. The water gun was chosen over other
seismic sources, such as air guns, because the impulses contain more
energy at high frequencies where odontocete hearing thresholds are
relatively low (i.e., more sensitive). Hearing thresholds were measured
at 0.4, 4, and 30 kilohertz (kHz). A relatively small and short-term
level of masked TTS (MTTS)(7 dB at 0.4 kHz and 6 dB at 30 kHz) occurred
in the beluga whale at a peak pressure of 160 kilopascals (kPa), which
is equivalent to 23 psi, 226 dB re 1 micro Pa peak-peak pressure, and
186 dB re 1 microPa2-s. The maximum experimental peak pressure exposure
of 207 kPa (30 psi, 228 dB re 1 microPa peak-peak pressure, 188 dB re 1
microPa2-s) did not cause any measurable masked TTS in the bottlenose
dolphin. The results of these field experiments represent the most
current science available for the relationship between peak pressure
and TTS in marine mammals. It is also considered precautionary for this
project since the bottlenose dolphin did not incur an MTTS at the
higher level of 30 psi. Therefore, until additional information becomes
available, 23 psi is considered an appropriate and conservative metric
for predicting the onset of pressure-related TTS from small explosive
charges.
Documented behavioral reactions occur at noise levels below those
considered to cause TTS in marine mammals (Finneran et al., 2002;
Schlundt et al., 2000; Finneran and Schlundt, 2004). In controlled
experimental situations, behavioral effects are typically defined as
alterations of trained behaviors. Behavioral effects in wild animals
are more difficult to define but may include decreased ability to feed,
communicate, migrate, or reproduce. Abandonment of an area due to
repeated noise exposure is also considered a behavioral effect.
Analyses in subsequent sections of this document refer to such
behavioral effects as ``sub-TTS Level B harassment.'' Schlundt et al.
(2000) exposed bottlenose dolphins and beluga whales to various pure-
tone sound frequencies and intensities in order to measure underwater
hearing thresholds. Masking is considered to have occurred because of
ambient noise environment in which the experiments took place. Sound
levels were progressively increased until behavioral alterations were
noted (at which point the onset of TTS was presumed). It was found that
decreasing the sound intensity by 4 to 6 dB greatly decreased the
occurrence of anomalous behaviors. The lowest sound pressure levels,
over all frequencies, at which altered behaviors were observed, ranged
from 178 to 193 dB re 1 micro Pa for the bottlenose dolphins and from
180 to 196 dB re 1 micro Pa for the beluga whales. Thus, it is
reasonable to consider that sub-TTS (behavioral) effects occur at
approximately 6 dB below the TTS-inducing sound level, or at
approximately 176 dB in the greatest 1/3 octave band EFDL/SEL.
Table 9 summarizes the relevant thresholds for levels of noise that
may result in Level A (injury) harassment, Level B (TTS) behavioral
harassment or Level B (sub-TTS) behavioral harassment to marine
mammals. Mortality and injury thresholds are designed to be
conservative by considering the impacts that would occur to the most
sensitive life stage (e.g., a dolphin calf). Table 10 provides the
estimated ZOI radii for the EGTTR ordnance. At this time, there is no
empirical data or information that would allow NMFS to establish a peak
pressure criterion for sub-TTS behavioral disruption (see response to
comment 8).
As mentioned previously, the EGTTR live fire events are continuous
events with pauses during the firing usually well under a minute and
rarely from 2 to 5 min. Live fire typically occurs within a 30 min time
frame, including all ordnance fired: 25 mm (Phase I), 40 mm (Phase II),
and 10 mm (Phase III), and where the 105-mm ordnance are fired as
separate rounds with up to 30-s intervals, the 25-mm and the 40-mm are
often fired in multiple bursts. These bursts include multiple rounds
(25 to 100) within a 10- to 20-s time frame. Eglin notes that even if
animal avoidance once firing commences is not considered, the average
swim speed (1.5 m/s) of an animal would not allow sufficient time for
new animals to re-enter the Level B harassment ZOI (23 psi) within the
time frame of a single burst. As such, only the peak pressure of a
single round is measured per burst and experienced at a given distance
(49
[[Page 78326]]
m (161 ft; Phase I), 122 m (400 ft; Phase II)).
Table 9. EGTTR Criteria and Thresholds for Impact of Explosive Noise on Marine Mammals
----------------------------------------------------------------------------------------------------------------
Criterion Criterion Definition Threshold
----------------------------------------------------------------------------------------------------------------
Level A Harassment-Auditory Injury 50% of Animals Exposed Would 205 dB Total EFDL
Experience Ear-Drum Rupture,
Resulting in Approximately 30% PTS
----------------------------------------------------------------------------------------------------------------
Level B Harassment Temporary Threshold Shift (NMFS Dual 23 PSI Peak Pressure
Criterion)
----------------------------------------------------------------------------------------------------------------
Level B Harassment Temporary Threshold Shift (NMFS Dual 182 dB 1/3 Octave Band EFDL
Criterion)
----------------------------------------------------------------------------------------------------------------
Level B Harassment Sub-TTS Behavioral Disruption 176 dB 1/3 Octave Band EFDL
----------------------------------------------------------------------------------------------------------------
Table 10. Estimated Range for a Zone of Impact (ZOI) Distance for the EGTTR Ordnance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level B Harassment Non- Level B Harassment Non- Level B Harassment-Non-
Expendable Level A Harassment- Injurious (182 dB) EFD For injurious (23 psi) For TTS injurious (176 dB) EFD For
Injurious(205 dB) EFD (m) TTS (m) (m) Behavior (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
105 mm FU 0.79 11.1 216 22.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
105-mm TR 0.22 3.0 90 6.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
40-mm HE 0.33 4.7 122 9.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
25-mm HE 0.11 1.3 49 2.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
FU=Full-up; TR=Training Round; HE=High Explosive
For daytime firing it is assumed that the average swim speed per
cetacean is approximately 3 knots or 1.5 m/sec. As a conservative
scenario, Eglin assumes that there is one animal present within or
