Taking and Importing Marine Mammals; Navy Training Activities Conducted Within the Northwest Training Range Complex, 33828-33900 [E9-16301]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Proposed Rules]
[Pages 33828-33900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16301]



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Part III





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 218



Taking and Importing Marine Mammals; Navy Training Activities Conducted 
Within the Northwest Training Range Complex; Proposed Rule

Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / 
Proposed Rules

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 218

[Docket No. 0906101030-91038-01]
RIN 0648-AX88


Taking and Importing Marine Mammals; Navy Training Activities 
Conducted Within the Northwest Training Range Complex

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for 
authorization to take marine mammals incidental to training activities 
conducted in the Northwest Training Range Complex (NWTRC), off the 
coasts of Washington, Oregon, and northern California, for the period 
of February 2010 through February 2015 (updated from initial request 
for October 2009 through September 2014). Pursuant to the Marine Mammal 
Protection Act (MMPA), NMFS is proposing regulations to govern that 
take and requesting information, suggestions, and comments on these 
proposed regulations.

DATES: Comments and information must be received no later than August 
12, 2009.

ADDRESSES: You may submit comments, identified by 0648-AX88, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal https://www.regulations.gov.
     Hand delivery or mailing of paper, disk, or CD-ROM 
comments should be addressed to Michael Payne, Chief, Permits, 
Conservation and Education Division, Office of Protected Resources, 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910-3225.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 166.

SUPPLEMENTARY INFORMATION: 

Availability

    A copy of the Navy's application may be obtained by writing to the 
address specified above (See ADDRESSES), telephoning the contact listed 
above (see FOR FURTHER INFORMATION CONTACT), or visiting the Internet 
at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. 
The Navy's Draft Environmental Impact Statement (DEIS) for NWTRC was 
published on December 29 2008, and may be viewed at https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS is 
participating in the development of the Navy's EIS as a cooperating 
agency under NEPA.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (Secretary) to allow, upon request, 
the incidental, but not intentional taking of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) during periods of not more than five consecutive years each if 
certain findings are made and regulations are issued or, if the taking 
is limited to harassment, notice of a proposed authorization is 
provided to the public for review.
    Authorization shall be granted if NMFS finds that the taking will 
have a negligible impact on the species or stock(s), will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses, and if the permissible methods of taking 
and requirements pertaining to the mitigation, monitoring and reporting 
of such taking are set forth. NMFS has defined ``negligible impact'' in 
50 CFR 216.103 as:

    ``An impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''

    The National Defense Authorization Act of 2004 (NDAA) (Pub. L. 108-
136) modified the MMPA by removing the ``small numbers'' and 
``specified geographical region'' limitations and amended the 
definition of ``harassment'' as it applies to a ``military readiness 
activity'' to read as follows (Section 3(18)(B) of the MMPA):

    (i) Any act that injures or has the significant potential to 
injure a marine mammal or marine mammal stock in the wild [Level A 
Harassment]; or
    (ii) Any act that disturbs or is likely to disturb a marine 
mammal or marine mammal stock in the wild by causing disruption of 
natural behavioral patterns, including, but not limited to, 
migration, surfacing, nursing, breeding, feeding, or sheltering, to 
a point where such behavioral patterns are abandoned or 
significantly altered [Level B Harassment].

    In January 2009, the Council on Environmental Quality requested 
that NOAA conduct a comprehensive review of the Navy's mitigation 
measures applicable to the use of sonar in it's training activities.

Summary of Request

    In September 2008, NMFS received an application from the Navy 
requesting authorization for the take of individuals of 26 species of 
marine mammals incidental to upcoming Navy training activities to be 
conducted within the NWTRC, which extends west to 250 nautical miles 
(nm) (463 kilometers [km]) beyond the coast of Northern California, 
Oregon, and Washington and east to Idaho and encompasses 122,400 
nm2 (420,163 km2) of surface/subsurface ocean 
operating areas. These training activities are military readiness 
activities under the provisions of the NDAA. The Navy states, and NMFS 
concurs, that these military readiness activities may incidentally take 
marine mammals present within the NWTRC by exposing them to sound from 
mid-frequency or high frequency active sonar (MFAS/HFAS) or underwater 
detonations. The Navy requests authorization to take individuals of 26 
species of marine mammals by Level B Harassment and 14 individuals of 
10 species by Level A Harassment. The Navy's model, which did not 
factor in any potential benefits of mitigation measures, predicted that 
14 individual marine mammals would be exposed to levels of sound or 
pressure that would result in injury; thus, NMFS is proposing to 
authorize the take, by Level A Harassment of 14 individuals. However, 
NMFS and the Navy have determined preliminarily that injury can be 
avoided through the implementation of the Navy's proposed mitigation 
measures. NMFS neither anticipates, nor does it propose to authorize 
mortality of marine mammals incidental to naval exercises in the NWTRC.

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Background of Request

    The Navy's mission is to maintain, train, and equip combat-ready 
naval forces capable of winning wars, deterring aggression, and 
maintaining freedom of the seas. Section 5062 of Title 10 of the United 
States Code directs the Chief of Naval Operations to train all naval 
forces for combat. The Chief of Naval Operations meets that direction, 
in part, by conducting at-sea training exercises and ensuring naval 
forces have access to ranges, operating areas (OPAREAs) and airspace 
where they can develop and maintain skills for wartime missions and 
conduct research, development, testing, and evaluation (RDT&E) of naval 
weapons systems.
    The proposed action would result in selectively focused, but 
critical enhancements and increases in training that are necessary for 
the Navy to maintain a state of military readiness commensurate with 
the national defense mission. The Navy proposes to implement actions 
within the NWTRC to:
     Conduct training and Unmanned Aerial Systems (UAS) RDT&E 
activities of the same types as currently conducted, but also;
     Increase training activities from current levels as 
necessary in support of the Fleet Response Training Plan (FRTP);
     Accommodate force structure changes (new platforms and 
weapons systems); and
     Implement range enhancements associated with the NWTRC.
    The proposed action would result in the following increases (above 
those conducted in previous years, i.e., the No Action Alternative in 
the Navy's DEIS) in activities:
     Antisubmarine Warfare--10% increase.
     Gunnery Exercises--100% increase (increased from 90 to 176 
events).
     Bombing Exercises--25% increase (increased from 24 to 30 
sorties).
     Sinking Exercises--100% increase (increased from 1 to 2 
exercises).

Overview of the NWTRC

    The U.S. Navy has been training and operating in the area now 
defined as the NWTRC for over 60 years. The NWTRC includes ranges and 
airspace that extend west to 250 nm (463 km) beyond the coast of 
Northern California, Oregon, and Washington and east to Idaho. The 
components of the NWTRC encompass 122,461 nm2 (420,163 
km2) of surface/subsurface ocean operating areas (OPAREAs), 
46,048 nm2 (157,928 km2) of special use airspace 
(SUA), and 875 acres (354 hectares) of land. For range management and 
scheduling purposes, the NWTRC is divided into numerous sub-component 
ranges or training areas used to conduct training and RDT&E of military 
hardware, personnel, tactics, munitions, explosives, and electronic 
combat systems, as described in detail in the NWTRC DEIS. As the take 
of marine mammals is inherently tied to the surface/subsurface OPAREAs 
of the NWTRC, only those areas are discussed in more detail below.
    The LOA application includes graphics (Figures 1-1, 2-1, and 2-2) 
that depict the sea, undersea, and air spaces used by the Navy. To aid 
in the description of the range complexes that will be addressed in 
this proposed rule, the ranges are divided into three major geographic 
and functional subdivisions. Each of the depicted individual ranges 
falls into one of these three major range subdivisions:
    The Offshore Area--The Pacific Northwest (PACNW) OPAREA (same 
footprint as Offshore Area) serves as maneuver water space for ships 
and submarines to conduct training and to use as transit lanes. It 
extends from the Strait of Juan de Fuca in the north, to approximately 
50 nm (93 km) south of Eureka, California in the south, and from the 
coast line of Washington, Oregon, and California westward to 130[deg] 
W. longitude. The PACNW OPAREA is approximately 510 nm (945 km) in 
length from the northern boundary to the southern boundary, and 250 nm 
(463 km) from the coastline to the western boundary at 130[deg] W 
longitude. Total surface area of the PACNW OPAREA is 122,400 
nm2 (420,163 km2).
    Commander Submarine Force, U.S. Pacific Fleet (COMSUBPAC) Pearl 
Harbor manages this water space as transit lanes for U.S. submarines. 
While the sea space is ample for all levels of Navy training, no 
infrastructure is currently in place to support training. There are no 
dedicated training frequencies, no permanent instrumentation, no 
meteorological and oceanographic activities (METOC) system, and no 
Opposition Forces (OPFOR) or Electronic Combat (EC) target systems. In 
this region of the Pacific Ocean, storms and high sea states can create 
challenges to surface ship training between October and April. In 
addition, strong undersea currents in the PACNW make it difficult to 
place permanent bottom-mounted instrumentation such as hydrophones.
    The Offshore Area undersea space lies beneath the PACNW OPAREA as 
described above. The bathymetry chart depicts a 100-fathom (182-m) 
curve parallel to the coastline approximately 12 nm (22 km) to sea, and 
in places 20 nm (37 km) out to sea. The area of deeper water of more 
than 100 fathoms (182 m) is calculated to be approximately 115,800 
nm2 (397,194 km2), while the shallow water area 
of less than 100 fathoms (600 ft, 182 m) is all near shore and amounts 
to approximately 6,600 nm2 (22,638 km2).
    The Inshore Area--This area includes all sea and undersea ranges 
and OPAREAs inland of the coastline, including Puget Sound. This area 
is composed of approximately 61 nm2 of surface and 
subsurface area. NWTRC Inshore Areas include land ranges, airspace, and 
two surface/subsurface restricted areas--Navy 7 and 3. Activities 
conducted in each of these areas are not expected to take marine 
mammals, as defined by the MMPA and therefore, and will not be 
discussed further in this proposed rule. Also included in the Inshore 
Area, Explosive Ordnance Disposal (EOD) Ranges are land, sea, and 
undersea ranges used by NSW and EOD forces specifically for EOD 
training and are composed of approximately 0.4 nm2 of 
surface and subsurface area within the area identified as the Inshore 
Area. EOD units located in the NWTRC conduct underwater detonations as 
part of mine countermeasure training. This training is conducted at one 
of three locations: Crescent Harbor Underwater EOD Range, offshore from 
the Seaplane Base at Naval Air Station Whidbey Island; at the Floral 
Point Underwater EOD Range, located in Hood Canal near NAVBASE Kitsap-
Bangor; and the Indian Island Underwater EOD Range, adjacent to Indian 
Island.

Description of Specified Activities

    As mentioned above, the Navy has requested MMPA authorization to 
take marine mammals incidental to training activities in the NWTRC that 
would result in the generation of sound or pressure waves in the water 
at or above levels that NMFS has determined will likely result in take 
(see Acoustic Take Criteria Section), either through the use of MFAS/
HFAS or the detonation of explosives in the water. These activities are 
discussed in the subsections below. In addition to use of active sonar 
sources and explosives, these activities include the operation and 
movement of vessels that are necessary to conduct the training, and the 
effects of this part of the activities are also analyzed in this 
document.
    The Navy's application also briefly summarizes Anti-Air Warfare 
Training, Naval Special Warfare Training and Support Operations; 
however, these activities are primarily land and air based and do not 
utilize sound sources

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or explosives for the portions that are in the water and, therefore, no 
take of marine mammals is anticipated from these activities and they 
are not discussed further.

Activities Utilizing Active Sonar Sources

    For the NWTRC, the training activities that utilize active tactical 
sonar sources fall primarily into the category of Anti-submarine 
Warfare (ASW) exercises (MFAS/HFAS is also used in the mine avoidance 
exercises, which are considered Mine Warfare Training (MIW) activities; 
however, it is in such a small amount that impacts to marine mammals 
are minimal). This section includes a description of ASW, the active 
acoustic devices used in ASW exercises, and the exercise types in which 
these acoustic sources are used. Of note, the use of MFAS/HFAS in the 
NWTRC is minimal as compared to previous rules issued by NMFS 
(approximately 110 hours annual use of the most powerful surface vessel 
sonar versus approximately 2,500 hours annual use of AN/SQS-53C and AN/
SQS-56C sonar in the Southern California Range Complex), does not 
include major exercises that involve the use of more than one surface 
vessel MFAS (AN/SQS-53C or AN/SQS-56C) at a time, and will not occur in 
the inshore area (i.e., inland from the mouth of the Strait of Juan de 
Fuca).

ASW Training and Active Sonar

    ASW involves helicopter and sea control aircraft, ships, and 
submarines, operating alone or in combination, to locate, track, and 
neutralize submarines. Various types of active and passive sonars are 
used by the Navy to determine water depth, locate mines, and identify, 
track, and target submarines. Passive sonar ``listens'' for sound waves 
by using underwater microphones, called hydrophones, which receive, 
amplify and process underwater sounds. No sound is introduced into the 
water when using passive sonar. Passive sonar can indicate the 
presence, character and movement of submarines. However, passive sonar 
provides only a bearing (direction) to a sound-emitting source; it does 
not provide an accurate range (distance) to the source. Also, passive 
sonar relies on the underwater target itself to provide sufficient 
sound to be detected by hydrophones. Active sonar is needed to locate 
objects that emit little or no noise (such as mines or diesel-electric 
submarines operating in electric mode) and to establish both bearing 
and range to the detected contact.
    Active sonar transmits pulses of sound that travel through the 
water, reflect off objects and return to a receiver. By knowing the 
speed of sound in water and the time taken for the sound wave to travel 
to the object and back, active sonar systems can quickly calculate 
direction and distance from the sonar platform to the underwater 
object. There are three types of active sonar: low frequency, mid-
frequency, and high-frequency.
    LFA sonar is not presently utilized in the NWTRC, and is not part 
of the Proposed Action.
    MFAS, as defined in the Navy's NWTRC LOA application, operates 
between 1 and 10 kHz, with detection ranges up to 10 nm (19 km). 
Because of this detection ranging capability, MFAS is the Navy's 
primary tool for conducting ASW. Many ASW experiments and exercises 
have demonstrated that this improved capability for long range 
detection of adversary submarines before they are able to conduct an 
attack is essential to U.S. ship survivability. Today, ASW is the 
Navy's number one war-fighting priority. Navies across the world 
utilize modern, quiet, diesel-electric submarines that pose the primary 
threat to the U.S. Navy's ability to perform a number of critical 
missions. Extensive training is necessary if Sailors, ships, and strike 
groups are to gain proficiency in using MFAS. If a strike group does 
not demonstrate MFAS proficiency, it cannot be certified as combat 
ready.
    HFAS, as defined in the Navy's NWTRC LOA application, operates at 
frequencies greater than 10 kilohertz (kHz). At higher acoustic 
frequencies, sound rapidly dissipates in the ocean environment, 
resulting in short detection ranges, typically less than five nm (9 
km). High-frequency sonar is used primarily for determining water 
depth, hunting mines and guiding torpedoes.

Acoustic Sources Used for ASW Exercises in the NWTRC

    Modern sonar technology has developed a multitude of sonar sensor 
and processing systems. In concept, the simplest active sonars emit 
omni-directional pulses (``pings'') and time the arrival of the 
reflected echoes from the target object to determine range. More 
sophisticated active sonar emits an omni-directional ping and then 
rapidly scans a steered receiving beam to provide directional, as well 
as range, information. More advanced active sonars transmit multiple 
preformed beams, listening to echoes from several directions 
simultaneously and providing efficient detection of both direction and 
range. The types of active sonar sources employed during ASW active 
sonar training exercises in the NWTRC are identified in Table 1.
BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TP13JY09.140

BILLING CODE 3510-22-C
    ASW sonar systems are deployed from certain classes of surface 
ships, submarines, and fixed-wing maritime patrol aircraft (MPA). 
Maritime patrol aircraft is a category of fixed-wing aircraft that 
includes the current P-3C Orion, and the future P-8 Poseidon 
multimission maritime aircraft. No ASW helicopters train in the NWTRC. 
The

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surface ships used are typically equipped with hull-mounted sonars 
(passive and active) for the detection of submarines. Fixed-wing MPA 
are used to deploy both active and passive sonobuoys to assist in 
locating and tracking submarines or ASW targets during the exercise. 
Submarines are equipped with passive sonar sensors used to locate and 
prosecute other submarines and/or surface ships during the exercise. 
The platforms used in ASW exercises are identified below.
    Surface Ship Sonars--A variety of surface ships participate in 
training events. Of the ships that operate in the NWTRC, only two 
classes employ MFAS: the Fast Frigate (FFG) and the Guided Missile 
Destroyer (DDG). These two classes of ship are equipped with active as 
well as passive tactical sonars for mine avoidance and submarine 
detection and tracking. DDG class ships are equipped with the AN/SQS-
53C sonar system (the most powerful system), with a nominal source 
level of 235 decibels (dB) re 1 [mu]Pa @ 1 m. The FFG class ship uses 
the SQS-56 sonar system, with a nominal source level of 225 decibels 
(dB) re 1 [mu]Pa @ 1 m. Sonar ping transmission durations were modeled 
as lasting 1 second per ping and omni-directional, which is a 
conservative assumption that will overestimate potential effects. 
Actual ping durations will be less than 1 second. The AN/SQS-53C hull-
mounted sonar transmits at a center frequency of 3.5 kHz. The SQS-56 
transmits at a center frequency of 7.5 kHz. Details concerning the 
tactical use of specific frequencies and the repetition rate for the 
sonar pings is classified but was modeled based on the required 
tactical training setting.
    Submarine Sonars--Submarine active sonars are not used for ASW 
training in the NWTRC. However, the AN/BQS-15 sonar would be used for 
mine detection training. The AN/BQS-15, installed on guided missile 
nuclear submarines (SSGN) and fast attack nuclear submarines (SSN), 
uses high frequency (> 10 kHz) active sonar to locate mine shapes. A 
total of seven mine avoidance exercises would take place annually in 
the NWTRC. Each exercise would last six hours, for a total of 42 hours 
annually.
    Aircraft Sonar Systems--Sonobuoys are the only aircraft sonar 
systems that would operate in the NWTRC. Sonobuoys are deployed by MPAs 
and are expendable devices used for the detection of submarines. Most 
sonobuoys are passive, but some can generate active acoustic signals, 
as well as listen passively. During ASW training, these systems' active 
modes are used for localization of contacts and are not typically used 
in primary search capacity. The AN/SSQ-62 Directional Command Activated 
Sonobuoy System (DICASS) is the only MFAS sonobuoy used in the NWTRC. 
Because no ASW helicopters train in the NWTRC, no dipping sonar system 
is carried forward for any further analysis of effects.
    Extended Echo Ranging and Improved Extended Echo Ranging (EER/IEER) 
Systems--EER/IEER are airborne ASW systems used to conduct ``large 
area'' searches for submarines. These systems are made up of airborne 
avionics ASW acoustic processing and sonobuoy types that are deployed 
in pairs. The EER/IEER System's active sonobuoy component, the AN/SSQ-
110A Sonobuoy, generates an explosive sound impulse and a passive 
sonobuoy (ADAR, AN/SSQ-101A) would ``listen'' for the return echo that 
has been bounced off the surface of a submarine. These sonobuoys are 
designed to provide underwater acoustic data necessary for naval 
aircrews to quickly and accurately detect submerged submarines. The 
sonobuoy pairs are dropped from a maritime patrol aircraft into the 
ocean in a predetermined pattern with a few buoys covering a very large 
area. The AN/SSQ-110A Sonobuoy Series is an expendable and commandable 
sonobuoy. Upon command from the aircraft, the explosive charge would 
detonate, creating the sound impulse. Within the sonobuoy pattern, only 
one detonation is commanded at a time. Twelve to twenty SSQ-110A source 
sonobuoys are used in a typical exercise. Both charges of each sonobuoy 
would be detonated during the course of the training, either tactically 
to locate the submarine, or when the sonobuoys are commanded to scuttle 
at the conclusion of the exercise. The AN/SSQ-110A is listed in this 
table because it functions like a sonar ping, however, the source 
creates an explosive detonation and its effects are considered in the 
underwater explosive section.
    Advanced Extended Echo Ranging (AEER) System--The proposed AEER 
system is operationally similar to the existing EER/IEER system. The 
AEER system will use the same ADAR sonobuoy (SSQ-101A) as the acoustic 
receiver and will be used for a large area ASW search capability in 
both shallow and deep water. However, instead of using an explosive AN/
SQS-110A as an impulsive source for the active acoustic wave, the AEER 
system will use a battery powered (electronic) source for the AN/SSQ 
125 sonobuoy. The output and operational parameters for the AN/SSQ-125 
sonobuoy (source levels, frequency, wave forms, etc.) are classified. 
However, this sonobuoy is intended to replace the EER/IEER's use of 
explosives and is scheduled to enter the fleet in 2011. Acoustic impact 
analysis for the AN/SSQ-125 in this document assumes a similar per-buoy 
effect as that modeled for the DICASS sonobuoy. For purposes of 
analysis, replacement of the EER/IEER system by the AEER system will be 
assumed to occur at 25% per year as follows: 2011--25% replacement; 
2012--50% replacement; 2013--75% replacement; 2014--100% replacement 
with no further use of the EER/IEER system beginning in 2015 and 
beyond.
    Torpedoes--Torpedoes are the primary ASW weapon used by surface 
ships, aircraft, and submarines. The guidance systems of these weapons 
can be autonomous or electronically controlled from the launching 
platform through an attached wire. The autonomous guidance systems are 
acoustically based. They operate either passively, exploiting the 
emitted sound energy by the target, or actively, ensonifying the target 
and using the received echoes for guidance. The MK-48 submarine-
launched torpedo, used in its anti-surface ship mode, was modeled for 
active sonar transmissions in Sinking Exercises conducted within the 
NWTRC.
    Portable Undersea Tracking Range--The Portable Undersea Tracking 
Range (PUTR) has been developed to support ASW training in areas where 
the ocean depth is between 300 ft and 12,000 ft and at least 3 nm from 
land. This proposed project would temporarily instrument 25-square-mile 
or smaller areas on the seafloor, and would provide high fidelity 
feedback and scoring of crew performance during ASW training 
activities. When training is complete, the PUTR equipment would be 
recovered. All of the potential PUTR areas have been used for ASW 
training for decades.
    No on-shore construction would take place. Seven electronics 
packages, each approximately 3 ft long by 2 ft in diameter, would be 
temporarily installed on the seafloor by a range boat, in water depths 
greater than 600 ft. The anchors used to keep the electronics packages 
on the seafloor would be either concrete or sand bags, approximately 
1.5 ft-by-1.5 ft and 300 pounds. Each package consists of a hydrophone 
that receives pinger signals, and a transducer that sends an acoustic 
``uplink'' of locating data to the range boat. The uplink signal is 
transmitted at 8.8 kilohertz (kHz), 17 kHz, or 40 kHz, at a source 
level of 190 decibels (dB). The Portable Undersea Tracking Range

[[Page 33833]]

system also incorporates an underwater voice capability that transmits 
at 8-11 kHz and a source level of 190 dB. Each of these packages is 
powered by a D cell alkaline battery. After the end of the battery 
life, the electronic packages would be recovered and the anchors would 
remain on the seafloor. The Navy proposes to deploy this system for 3 
months of the year (approximately June-August), and to conduct TRACKEX 
activities for 10 days per month in an area beyond 3 nm from shore. 
During each of the 30 days of annual operation, the PUTR would be in 
use for 5 hours each day. No additional ASW activity is proposed as a 
result of PUTR use. Operation of this range requires that underwater 
participants transmit their locations via pingers and that the 
receiving transducers transmit that information the range boat via the 
Uplink transmitter (see ``Range Tracking Pingers'' and uplink 
transmitter ``below'').
    Range Tracking Pingers--MK-84 range tracking pingers would be used 
on ships, submarines, and ASW targets when ASW TRACKEX training is 
conducted on the PUTR. The MK-84 pinger generates a 12.93 kHz sine wave 
in pulses with a maximum duty cycle of 30 milliseconds (3% duty cycle) 
and has a design power of 194 dB re 1 micro-Pascal at 1 meter. Although 
the specific exercise, and number and type of participants will 
determine the number of pingers in use at any time, a minimum of one 
and a maximum of three pingers would be used for each ASW training 
activity. On average, two pingers would be in use for 3 hours each 
during PUTR operational days.
    Uplink Transmitters--Each package consists of a hydrophone that 
receives pinger signals, and a transducer that sends an acoustic 
``uplink'' of locating data to the range boat. The uplink signal is 
transmitted at 8.8 kilohertz (kHz), 17 kHz, or 40 kHz, at a source 
level of 190 decibels (dB). The Portable Undersea Tracking Range system 
also incorporates an underwater voice capability that transmits at 8-11 
kHz and a source level of 190 dB. Under the proposed action, the uplink 
transmitters would operate 30 days per year, for 5 hours each day of 
use. The total time of use would be 150 hours annually.

Exercises Utilizing MFAS in the NWTRC

    ASW Tracking Exercises are the exercises that primarily utilize 
MFAS and HFAS sources in the NWTRC, although Mine Avoidance MIW 
exercises also utilize a less powerful HFAS source. ASW Tracking 
Exercise (TRACKEX) trains aircraft, ship, and submarine crews in 
tactics, techniques, and procedures for search, detection, 
localization, and tracking of submarines with the goal of determining a 
firing solution that could be used to launch a torpedo and destroy the 
submarine. ASW Tracking Exercises occur during both day and night. A 
typical unit-level exercise involves one (1) ASW unit (aircraft, ship, 
or submarine) versus one (1) target--either a MK-39 Expendable Mobile 
ASW Training Target (EMATT), or a live submarine. The target may be 
non-evading while operating on a specified track or fully evasive. 
Participating units use active and passive sensors, including hull-
mounted sonar, towed arrays, and sonobuoys for tracking. If the 
exercise continues into the firing of a practice torpedo it is termed a 
Torpedo Exercise (TORPEX). The ASW TORPEX usually starts as a TRACKEX 
to achieve the firing solution. No torpedoes are fired during ASW 
training conducted in the NWTRC. The exercise types that utilize MFAS/
HFAS are described below and summarized in Table 2, which also includes 
a summary of the exercise types utilizing explosives.
    ASW TRACKEX (Maritime Patrol Aircraft)--During an ASW TRACKEX 
(MPA), a typical scenario would involve a single MPA dropping 
sonobuoys, from an altitude below 3,000 ft (914 m) above mean sea level 
(MSL), and sometimes as low as 400 ft (122 m), into specific patterns 
designed for both the anticipated threat submarine and the specific 
water conditions. These patterns vary in size and coverage area based 
on the threat and water conditions.
    Typically, passive sonobuoys will be used first, so the threat 
submarine is not alerted. Active buoys will be used as required either 
to locate extremely quiet submarines, or to further localize and track 
submarines previously detected by passive buoys. A TRACKEX (MPA) 
usually takes two to four hours. The P-8 Multi-mission Maritime 
Aircraft (MMA), a modified Boeing 737 that is the Navy's replacement 
for the aging P-3 Orion aircraft, is a long-range aircraft that is 
capable of broad-area, maritime and littoral activities. As P-8 live 
training is expected to be supplemented with virtual training to a 
greater degree than P-3 training, P-8 training activities in the NWTRC 
are likely to be less numerous than those currently conducted by P-3 
aircraft crews. P-3 replacement is expected to begin by 2013. None of 
the potential marine mammal impacts associated with the P-3 aircraft 
are expected to differ as a result of the P-3 being replaced by the 
MMA.
    ASW TRACKEX (EER/IEER or AEER)--This activity is an at-sea flying 
event, typically conducted below 3,000 ft (914 m) MSL, that is designed 
to train P-3 crews in the deployment and use of the EER/IEER (and in 
the future, AEER) sonobuoy systems. These systems use the SSQ-110A as 
the signal source and the SSQ-77 (VLAD) as the receiver buoy. The 
signal source is a small explosive charge that detonates underwater. 
The SSQ-110A sonobuoy has two charges, each being individually 
detonated during the exercise. This activity typically lasts six hours, 
with one hour for buoy pattern deployment and five hours for active 
search. Between 12 and 20 SSQ-110A source sonobuoys and approximately 
20 SSQ-77 passive sonobuoys are used in a typical exercise.
    ASW TRACKEX (Surface Ship)--In the PACNW OPAREA, locally based 
surface ships do not routinely conduct ASW Tracking exercises. However, 
MFAS is used during ship transits through the OPAREA. In a typical 
year, 24 DDG ship transits and 36 FFG transits will take place, with 
1.5 hours of active sonar use during each transit. All surface ship 
MFAS use is documented in this training activity description. 10% of 
surface ship MFAS used in NWTRC is training associated with the PUTR.
    ASW TRACKEX (Submarine)--ASW TRACKEX is a primary training exercise 
for locally based submarines. Training is conducted within the NWTRC 
and involves aircraft approximately 30% of the time. Training events in 
which aircraft are used typically last 8 to 12 hours. During these 
activities submarines use passive sonar sensors to search, detect, 
classify, localize and track the threat submarine with the goal of 
developing a firing solution that could be used to launch a torpedo and 
destroy the threat submarine. However, no torpedoes are fired during 
this training activity. All submarine ASW TRACKEX conducted in the 
NWTRC is passive only; therefore, these activities are not carried 
forward for any further analysis of effects. All aircraft ASW is 
analyzed under ASW TRACKEX (MPA).
    Mine Avoidance--Mine avoidance exercises train ship and submarine 
crews to detect and avoid underwater mines. In the NWTRC, submarine 
crews will use the AN/BQS-15 high frequency active sonar to locate mine 
shapes in a training minefield in the PACNW OPAREA. A small-scale 
underwater minefield will be added in the NWTRC for these exercises. 
Each mine avoidance exercise involves one submarine operating the AN/
BQS-15 sonar for six hours to navigate through

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the training minefield. A total of seven mine avoidance exercises will 
occur in the NWTRC annually.
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[[Page 33835]]



Activities Utilizing Underwater Detonations

    Underwater detonation activities can occur at various depths 
depending on the activity, but may also include activities which may 
have detonations at or just below the surface (such as SINKEX or 
gunnery exercise [GUNEX]). When the weapons hit the target, except for 
live torpedo shots, there is no explosion in the water, and so a 
``hit'' is not modeled (i.e., the energy (either acoustic or pressure) 
from the hit is not expected to reach levels that would result in take 
of marine mammals). When a live weapon misses, it is modeled as 
exploding below the water surface at 1 ft (5-inch naval gunfire, 76mm 
rounds), 2 meters (Maverick, Harpoon, MK-82, MK-83, MK-84), or 50-ft 
(MK-48 torpedo) as shown in Appendix A of the Navy's application (the 
depth is chosen to represent the worst case of the possible scenarios 
as related to potential marine mammal impacts). Exercises may utilize 
either live or inert ordnance of the types listed in Table 3. 
Additionally, successful hit rates are known to the Navy and are 
utilized in the effects modeling. Training events that involve 
explosives and underwater detonations occur throughout the year and are 
described below and summarized in Table 2. Of note, the only Inshore 
Area exercises that use explosives are on EOD ranges described under 
Mine Countermeasures (No more than 4 total detonations of 2.5 lb. 
charges annually).

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Anti-Surface Warfare Training (ASUW)

    Anti-Surface Warfare (ASUW) is the category of activity that 
addresses combat (or interdiction) activities training by air, surface, 
or submarine forces against hostile surface ships and boats. The ASUW 
exercises conducted in NWTRC are described in the sections below. 
Because all of the rounds used in GUNEX in the NWTRC are inert, no take 
of marine mammals is anticipated to

[[Page 33837]]

result from the activity. However, a description is included here for 
comparison and clarity as NMFS has authorized take of marine mammals 
incidental to these activities in the past when explosive rounds were 
used instead of inert rounds.
    Air-to-Surface Bombing Exercise--During an Air-to-Surface Bombing 
Exercise (BOMBEX A-S), fixed-wing aircraft deliver bombs against 
simulated surface maritime targets, typically a smoke float, with the 
goal of destroying or disabling enemy ships or boats. MPA use bombs to 
attack surfaced submarines and surface craft that would not present a 
major threat to the MPA itself. A single MPA approaches the target at a 
low altitude. In most training exercises, the aircrew drops inert 
training ordnance, such as the Bomb Dummy Unit (BDU-45) on a MK-58 
smoke float used as the target. Historically, ordnance has been 
released throughout W-237 (off WA State), just south of W-237, and in 
international waters in accordance with international laws, rules, and 
regulations. Annually, 120 pieces of ordnance, consisting of 10 MK-82 
live bombs and 110 BDU 45 inert bombs, are dropped in the NWTRC. In 
accordance with the regulations for the Olympic Coast National Marine 
Sanctuary (OCNMS) the Navy dos not conduct live bombing in the 
sanctuary. Each BOMBEX A-S can take up to 4 hours to complete.
    Sinking Exercise--A Sinking Exercise (SINKEX) is typically 
conducted by aircraft, surface ships, and submarines in order to take 
advantage of a full size ship target and an opportunity to fire live 
weapons. The target is typically a decommissioned combatant or merchant 
ship that has been made environmentally safe for sinking. In accordance 
with EPA permits, it is towed out to sea (at least 50 nm [92.6 km]) and 
set adrift at the SINKEX location in deep water (at least 1,000 fathoms 
[6,000 feet]) where it will not be a navigation hazard to other 
shipping. The Environmental Protection Agency (EPA) granted the 
Department of the Navy a general permit through the Marine Protection, 
Research, and Sanctuaries Act to transport vessels ``for the purpose of 
sinking such vessels in ocean waters * * *'' (40 CFR Part 229.2). 
Subparagraph (a)(3) of this regulation states ``All such vessel 
sinkings shall be conducted in water at least 1,000 fathoms (6,000 
feet) deep and at least 50 nautical miles from land.''
    Ship, aircraft, and submarine crews typically are scheduled to 
attack the target with coordinated tactics and deliver live ordnance to 
sink the target. Inert ordnance is often used during the first stages 
of the event so that the target may be available for a longer time. The 
duration of a SINKEX is unpredictable because it ends when the target 
sinks, but the goal is to give all forces involved in the exercise an 
opportunity to deliver their live ordnance. Sometimes the target will 
begin to sink immediately after the first weapon impact and sometimes 
only after multiple impacts by a variety of weapons. Typically, the 
exercise lasts 4 to 8 hours, especially if inert ordnance such as 5-
inch gun projectiles or MK-76 dummy bombs are used during the first 
hours. In the worst case of maximum exposure, the following ordnance 
are all expended (in the indicated amounts): MK82 Live Bomb (4); MK83 
Live Bomb (4); MK84 Live Bomb (4); HARM Missile (2); AGM-114 Hellfire 
Missile (1); M-65 Maverick Missile (3); M-84 Harpoon Missile (3); AM ER 
Missile (1); 5 in/62 Shell (500); 76 mm Shell (200); 48 ADCAP Torpedo 
(1). If the hulk is not sunk by weapons, it will be sunk by Explosive 
Ordnance Disposal (EOD) personnel setting off demolition charges 
previously placed on the ship. Since the target may sink at any time 
during the exercise, the actual number of weapons used can vary widely.
    Surface-to-Surface Gunnery Exercise--Surface-to-Surface Gunnery 
Exercises (S-S GUNEX) take place in the open ocean to provide gunnery 
practice for Navy ship crews. Exercises can involve a variety of 
surface targets that are either stationary or maneuverable. Gun systems 
employed against surface targets include the 5, 76 mm, 57 
mm, .50 caliber and the 7.62 mm. A GUNEX lasts approximately one to two 
hours, depending on target services and weather conditions. All rounds 
fired are inert, containing no explosives.

Mine Warfare Training (MIW)

    Mine Warfare Training includes Mine Countermeasures and Mine 
Avoidance. Mine Avoidance includes use of an active sonar source 
(although in very small amounts) and, therefore, was addressed in the 
appropriate section previously. Because of the location of the EOD 
ranges, the very limited use of explosives (4 individual explosions) 
proposed annually for these Mine Countermeasure exercises, and the 
likely effectiveness of the mitigation (e.g., marine mammal take is 
only expected within 180 m of the impact area, which is well within the 
shutdown zone of 700 yds from the point of impact), take of marine 
mammals is not anticipated to occur in the NWTRC. However, a 
description is included here for comparison as NMFS has authorized take 
of marine mammals incidental to these activities in other areas where 
the amount of activity is significantly greater.
    Mine Countermeasures--Naval EOD personnel require proficiency in 
underwater mine neutralization. Mine neutralization activities consist 
of underwater demolitions designed to train personnel in the 
destruction of mines, unexploded ordnance (UXO), obstacles, or other 
structures in an area to prevent interference with friendly or neutral 
forces and non-combatants. EOD units conduct underwater demolition 
training in Crescent Harbor Underwater EOD Range, Indian Island 
Underwater EOD Range, and Floral Point Underwater EOD Range. A 2.5 lb 
(1.1 kg) charge of C-4 is used, consisting of one surface or one 
subsurface detonation. No more than two detonations will take place 
annually at Crescent Harbor, and no more than one each at Indian Island 
and Floral Point. The total duration of the exercise is four hours for 
an underwater detonation and one hour for a surface detonation. Small 
boats such as the MK-5 Combat Rubber Raiding Craft and MK-7, or 9 
(meters in length, respectively) Rigid Hull Inflatable Boats (RHIB) are 
used to insert personnel for underwater activities and either a 
helicopter (H-60) or RHIB is used for insertion for surface activities.

Vessel Movement

    The operation and movement of vessels that is necessary to conduct 
the training described above is also analyzed here. Training exercises 
involving vessel movements occur intermittently and are variable in 
duration, ranging from a few hours up to 2 weeks. During training, 
speeds vary and depend on the specific type of activity, although 10-14 
knots is considered the typical speed. Approximately 490 training 
activities that involve Navy vessels occur within the Study Area during 
a typical year. Training activities are widely dispersed throughout the 
large OPAREA, which encompasses 122,468 nm\2\ (420,054 km\2\). 
Consequently, the density of Navy ships within the Study Area at any 
given time is low.

Research, Development, Testing, and Evaluation

    RDT&E proposed in this action is limited to Unmanned Aerial Systems 
(UAS) activities, the use of which is not anticipated to result in the 
take of marine mammals because it utilizes small, relatively quiet 
airborne, not undersea, gliders. Undersea RDT&E in the Pacific 
Northwest is conducted at

[[Page 33838]]

the Naval Sea Systems Command (NAVSEA) Keyport range and is analyzed in 
the NAVSEA Naval Undersea Warfare Center (NUWC) Keyport Range Extension 
EIS/OEIS.
    Additional information on the Navy's proposed activities may be 
found in the LOA Application and the Navy's NWTRC DEIS.

Description of Marine Mammals in the Area of the Specified Activities

    The California Current passes through the NWTRC, creating a mixing 
of temperate and tropical waters, thereby making this area one of the 
most productive ocean systems in the world (Department of the Navy 
[DoN], 2002a). Because of this productive environment, there is a rich 
marine mammal fauna, as evidenced in abundance and species diversity 
(Leatherwood et al., 1988; Bonnell and Dailey, 1993). In addition to 
many marine mammal species that live here year-round and use the 
region's coasts and islands for breeding and hauling out, there is a 
community of seasonal residents and migrants. The narrow continental 
shelf along the Pacific coast and the presence of the cold California 
Current sweeping down from Alaska allows cold-water marine mammal 
species to reach nearshore waters as far south as Baja California.
    Thirty-three marine mammal species or populations/stocks have 
confirmed or possible occurrence within the NWTRC, including six 
species of baleen whales (mysticetes), 21 species of toothed whales 
(odontocetes), five species of seals and sea lions (pinnipeds), and the 
sea otter (mustelids). Table 4 summarizes their abundance, Endangered 
Species Act (ESA) status, population trends, and occurrence in the 
area. Most of these species are listed as ``common'' in the table, 
indicating that they occur routinely, either year-round or during 
annual migrations into or through the area. The other species are 
indicated as ``rare'' because of sporadic sightings or as ``very rare'' 
because they have been documented once or twice as appearing outside 
their normal range. All of the species that occur in the NWTRC are 
either cosmopolitan (occur worldwide), or associated with the temperate 
and sub-Arctic oceans (Leatherwood et al., 1988). Seven of the species 
are ESA-listed and considered depleted under the MMPA: Blue whale; fin 
whale; humpback whale; sei whale; sperm whale; southern resident killer 
whale; and Steller sea lion.
    Temperate and warm-water toothed whales often change their 
distribution and abundance as oceanographic conditions vary both 
seasonally (Forney and Barlow, 1998) and inter-annually (Forney, 2000). 
Forney and Barlow (1998) noted significant north/south shifts in 
distribution for Dall's porpoises, common dolphins, and Pacific white-
sided dolphins, and they identified significant inshore/offshore 
differences for northern right whale dolphins and humpback whales. 
Several authors have noted the impact of the El Ni[ntilde]o events of 
1982/1983 and 1997/1998 on marine mammal occurrence patterns and 
population dynamics in the waters off California (Wells et al., 1990; 
Forney and Barlow, 1998; Benson et al., 2002).
    The distribution of some marine mammal species is based on the 
presence of salmon, an important prey source. Seals and sea lions 
congregate near areas where migrating salmon run. For example, in the 
San Juan Islands, harbor seals (Phoca vitulina richardii) congregate 
near a constricted channel where incoming tidal currents funnel 
migrating salmon (Zamon, 2001). In Oregon, harbor seals wait for chum 
salmon runs during the incoming tide near a constriction in Netarts Bay 
(Brown and Mat, 1983). During the summer, southern resident killer 
whales (Orcinus orca) congregate at locations associated with high 
densities of migrating salmon (Heimlich-Boran, 1986; Nichol and 
Shackleton, 1996; Olson, 1998; National Marine Fisheries Service 
[NMFS], 2005i). Their strong preference for Chinook salmon may 
influence the year-round distribution patterns of southern resident 
killer whales in the NWTRC (Ford and Ellis, 2005).
    The Navy has compiled information on the abundance, behavior, 
status and distribution, and vocalizations of marine mammal species in 
the NWTRC waters from the Navy Marine Resource Assessment for NWTRC 
(which was recently updated, during the development of the application 
for this rule, based on peer-reviewed literature and government reports 
such as NMFS' Stock Assessment Reports) and marine mammal experts 
engaged in current research utilizing tagging and tracking. This 
information may be viewed in the Navy's LOA application and/or the 
Navy's DEIS for NWTRC (see Availability), and is incorporated by 
reference herein. Included below, however, are summaries of some 
important biological issues that are needed to further inform the MMPA 
effects analysis. Additional information is available in NMFS Stock 
Assessment Reports, which may be viewed at: https://www.nmfs.noaa.gov/pr/sars/species.htm.
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Species Not Considered Further

    The North Pacific right whale is classified as endangered under the 
ESA. Although there is designated critical habitat for this species in 
the western Gulf of Alaska and an area in the southeastern Bering Sea 
(NMFS, 2006), there is no designated critical habitat for this species 
within the NWTRC. Census data are too limited to suggest a population 
trend for this species. In the western North Pacific, the population 
may number in the low hundreds (Brownell et al., 2001; Clapham et al., 
2004). The eastern population likely now numbers in the tens of 
animals. Right whales were probably never common along the west coast 
of North America (Scarff, 1986; Brownell et al., 2001). Historical 
whaling records provide the most complete information on likely North 
Pacific right whale

[[Page 33840]]

distribution. Presently, sightings are extremely rare, occurring 
primarily in the Okhotsk Sea and the eastern Bering Sea (Brownell et 
al., 2001; Shelden et al., 2005; Shelden and Clapham, 2006; Wade et 
al., 2006). There were no sightings of North Pacific right whales 
during ship surveys conducted off California, Oregon, and Washington 
from 1991 through 2005 (Barlow and Forney, 2007), although recent 
deployment of directional sonobuoys (focused on the gunshot call) in 
the southeastern Bering Sea has resulted in multiple recordings of the 
rarely detected marine mammals (Berchok et al., 2009). The area of 
densest concentration in the Gulf of Alaska is east from 170[deg] W to 
150[deg] W and south to 52[deg] N (Shelden and Clapham, 2006). Based 
upon the extremely low probability of encountering this species 
anywhere in the coastal and offshore waters in the NWTRC, this species 
will not be included in this analysis.

Designated Critical Habitat

Southern Resident Killer Whale

    NMFS designated critical habitat for the southern resident killer 
whale (Orcinus orca) distinct population segment (DPS). Three specific 
areas (which comprise approximately 2,560 square miles (6,630 sq km) of 
marine habitat) are designated:
    (1) The Summer Core Area in Haro Strait and waters around the San 
Juan Islands--Occurrence of Southern Residents in Area 1 coincides with 
concentrations of salmon, and is more consistent and concentrated in 
the summer months of June through August, though they have been sighted 
in Area 1 during every month of the year;
    (2) Puget Sound--southern resident killer whale occurrence in Area 
2 has been correlated with fall salmon runs; and
    (3) The Strait of Juan de Fuca--All pods regularly use the Strait 
of Juan de Fuca for passage from Areas 1 and 2 to outside waters in the 
Pacific Ocean and to access outer coastal water feeding grounds.
    The designated physical and biological features which are essential 
to the conservation of southern resident killer whales and that may 
require special management considerations or protection (Primary 
Constituent Elements/PCEs) are as follows:
    (1) Water quality to support growth and development--Because of 
their long life span, position at the top of the food chain, and their 
blubber stores, southern resident killer whales accumulate high 
concentrations of contaminants;
    (2) Prey species of sufficient quantity, quality and availability 
to support individual growth, reproduction and development, as well as 
overall population growth--Fish are the major dietary component of 
southern resident killer whales in the northeastern Pacific. Salmon 
comprise the southern resident killer whales' preferred prey, and are 
likely consumed in large amounts; and
    (3) Passage conditions to allow for migration, resting, and 
foraging--In order to move between important habitat areas, find prey, 
and fulfill other life history requirements, southern resident killer 
whales require open waterways that are free from obstruction.
    As noted previously, the Navy's proposed action does not include 
the use of MFAS/HFAS in southern resident killer whale critical 
habitat, and explosive use is limited to four detonations of 2.5-lb 
charges annually in EOD exercises.

Steller Sea Lion

    In California and Oregon, major Steller sea lion rookeries and 
associated air and aquatic zones are designated as critical habitat. 
Critical habitat includes an air zone extending 3,000 ft above rookery 
areas historically occupied by sea lions and an aquatic zone extending 
3,000 seaward. Three rookeries located along the southern Oregon Coast 
have been designated as critical habitat sites in the NWTRC. These 
include: Orford Reef (Long Brown Rock); Oxrord Reef (Seal Rock); Rogue 
Reef (Pyramid Rock). The PCEs for Steller sea lions are: Nearshore 
waters around rookeries and haulouts and prey resources and foraging 
habitats.

Gray Whale Migration

    The gray whale makes a well-defined seasonal north-south migration. 
Most of the population summers in the shallow waters of the northern 
Bering Sea, the Chukchi Sea, and the western Beaufort Sea (Rice and 
Wolman, 1971), whereas some individuals also summer along the Pacific 
coast from Vancouver Island to central California (Rice and Wolman, 
1971; Darling 1984; Nerini, 1984). In October and November, the whales 
begin to migrate southeast through Unimak Pass and follow the shoreline 
south to breeding grounds on the west coast of Baja California and the 
southeastern Gulf of California (Braham, 1984; Rugh, 1984). The average 
gray whale migrates 7,500-10,000 km at a rate of 147 km/d (Rugh et al., 
2001; Jones and Swartz, 2002). Although some calves are born along the 
coast of California, most are born in the shallow, protected waters on 
the Pacific coast of Baja California from Morro de Santo Domingo 
(28[deg] N) south to Isla Creciente (24[deg] N) (Urban et al., 2003). 
The main calving sites are Laguna Guerrero Negro, Laguna Ojo de Liebre, 
Laguna San Ignacio, and Estero Soledad (Rice et al., 1981).
    Gray whales occur in the Pacific Northwest OPAREA and Puget Sound 
throughout the year. In addition, larger numbers of migratory animals 
transit along the coast of Washington, Oregon, and California during 
migrations between breeding and feeding grounds. Peak sightings in the 
NWTRC during the southbound migration occur in January (Rugh et al., 
2001). There are two phases of the northbound migration, including an 
early phase from mid-February through April and a later phase, which 
consists of mostly cows and calves, from late April through May 
(Herzing and Mate, 1984).

Marine Mammal Hearing and Vocalizations

    Cetaceans have an auditory anatomy that follows the basic mammalian 
pattern, with some changes to adapt to the demands of hearing in the 
sea. The typical mammalian ear is divided into an outer ear, middle 
ear, and inner ear. The outer ear is separated from the inner ear by a 
tympanic membrane, or eardrum. In terrestrial mammals, the outer ear, 
eardrum, and middle ear transmit airborne sound to the inner ear, where 
the sound waves are propagated through the cochlear fluid. Since the 
impedance of water is close to that of the tissues of a cetacean, the 
outer ear is not required to transduce sound energy as it does when 
sound waves travel from air to fluid (inner ear). Sound waves traveling 
through the inner ear cause the basilar membrane to vibrate. 
Specialized cells, called hair cells, respond to the vibration and 
produce nerve pulses that are transmitted to the central nervous 
system. Acoustic energy causes the basilar membrane in the cochlea to 
vibrate. Sensory cells at different positions along the basilar 
membrane are excited by different frequencies of sound (Pickles, 1998). 
Baleen whales have inner ears that appear to be specialized for low-
frequency hearing. Conversely, dolphins and porpoises have ears that 
are specialized to hear high frequencies.
    Marine mammal vocalizations often extend both above and below the 
range of human hearing; vocalizations with frequencies lower than 18 
Hertz (Hz) are labeled as infrasonic and those higher than 20 kHz as 
ultrasonic (National Research Council [NRC], 2003; Figure 4-1). 
Measured data on the hearing

[[Page 33841]]

abilities of cetaceans are sparse, particularly for the larger 
cetaceans such as the baleen whales. The auditory thresholds of some of 
the smaller odontocetes have been determined in captivity. It is 
generally believed that cetaceans should at least be sensitive to the 
frequencies of their own vocalizations. Comparisons of the anatomy of 
cetacean inner ears and models of the structural properties and the 
response to vibrations of the ear's components in different species 
provide an indication of likely sensitivity to various sound 
frequencies. The ears of small toothed whales are optimized for 
receiving high-frequency sound, while baleen whale inner ears are best 
in low to infrasonic frequencies (Ketten, 1992; 1997; 1998).
    Baleen whale vocalizations are composed primarily of frequencies 
below 1 kHz, and some contain fundamental frequencies as low as 16 Hz 
(Watkins et al., 1987; Richardson et al., 1995; Rivers, 1997; Moore et 
al., 1998; Stafford et al., 1999; Wartzok and Ketten, 1999) but can be 
as high as 24 kHz (humpback whale; Au et al., 2006). Clark and Ellison 
(2004) suggested that baleen whales use low frequency sounds not only 
for long-range communication, but also as a simple form of echo 
ranging, using echoes to navigate and orient relative to physical 
features of the ocean. Information on auditory function in mysticetes 
is extremely lacking. Sensitivity to low-frequency sound by baleen 
whales has been inferred from observed vocalization frequencies, 
observed reactions to playback of sounds, and anatomical analyses of 
the auditory system. Although there is apparently much variation, the 
source levels of most baleen whale vocalizations lie in the range of 
150-190 dB re 1 [mu]Pa at 1 m. Low-frequency vocalizations made by 
baleen whales and their corresponding auditory anatomy suggest that 
they have good low-frequency hearing (Ketten, 2000), although specific 
data on sensitivity, frequency or intensity discrimination, or 
localization abilities are lacking. Marine mammals, like all mammals, 
have typical U-shaped audiograms that begin with relatively low 
sensitivity (high threshold) at some specified low frequency with 
increased sensitivity (low threshold) to a species specific optimum 
followed by a generally steep rise at higher frequencies (high 
threshold) (Fay, 1988).
    The toothed whales produce a wide variety of sounds, which include 
species-specific broadband ``clicks'' with peak energy between 10 and 
200 kHz, individually variable ``burst pulse'' click trains, and 
constant frequency or frequency-modulated (FM) whistles ranging from 4 
to 16 kHz (Wartzok and Ketten, 1999). The general consensus is that the 
tonal vocalizations (whistles) produced by toothed whales play an 
important role in maintaining contact between dispersed individuals, 
while broadband clicks are used during echolocation (Wartzok and 
Ketten, 1999). Burst pulses have also been strongly implicated in 
communication, with some scientists suggesting that they play an 
important role in agonistic encounters (McCowan and Reiss, 1995), while 
others have proposed that they represent ``emotive'' signals in a 
broader sense, possibly representing graded communication signals 
(Herzing, 1996). Sperm whales, however, are known to produce only 
clicks, which are used for both communication and echolocation 
(Whitehead, 2003). Most of the energy of toothed whales social 
vocalizations is concentrated near 10 kHz, with source levels for 
whistles as high as 100-180 dB re 1 [mu]Pa at 1 m (Richardson et al., 
1995). No odontocete has been shown audiometrically to have acute 
hearing (<80 dB re 1 [mu]Pa) below 500 Hz (DoN, 2001). Sperm whales 
produce clicks, which may be used to echolocate (Mullins et al., 1988), 
with a frequency range from less than 100 Hz to 30 kHz and source 
levels up to 230 dB re 1 [mu]Pa 1 m or greater (Mohl et al., 2000).
    Table 5 includes a summary of the vocalizations of the species 
found in the NWTRC. The ``Brief Background on Sound'' section contained 
a description of the functional hearing groups designated by Southall 
et al., (2007), which includes the functional hearing range of various 
marine mammal groups (i.e., what frequencies that can actually hear).

Marine Mammal Density Estimates

    Understanding the distribution and abundance of a particular marine 
mammal species or stock is necessary to analyze the potential impacts 
of an action on that species or stock. Further, in order to assess 
quantitatively the likely acoustic impacts of a potential action on 
individuals and to estimate take it is necessary to know the density of 
the animals in the affected area. Density estimates for cetaceans were 
obtained from the Marine Mammal and Sea Turtle Density Estimates for 
the Pacific Northwest Study Area (DoN, 2007a). The abundance of most 
cetaceans was derived from shipboard surveys conducted by the Southwest 
Fisheries Science Center in 1991, 1993, 1996, 2001, and 2005 (Barlow, 
1995; Barlow, 2003; Barlow and Forney, 2007). These estimates are used 
to develop NMFS Stock Assessment Reports (Carretta et al., 2007); 
interpret the impacts of human-caused mortality associated with fishery 
bycatch, ship strikes, and other sources; and evaluate the ecological 
role of cetaceans in the eastern North Pacific. In the density study, 
predictive species-habitat models were built for species with 
sufficient numbers of sightings to estimate densities for the NWTRC 
(described in detail Appendix B of the Navy's application). For species 
with insufficient numbers of sightings, density estimates were obtained 
from Barlow and Forney (2007).
    There are limited depth distribution data for most marine mammals. 
This is especially true for cetaceans, as they must be tagged at-sea 
and by using a tag that either must be implanted in the skin/blubber in 
some manner or adhere to the skin. There is slightly more data for some 
pinnipeds, as they can be tagged while on shore during breeding or 
molting seasons and the tags can be glued to the pelage rather than 
implanted. There are a few different methodologies/techniques that can 
be used to determine depth distribution perc