Taking and Importing Marine Mammals; Military Training Activities and Research, Development, Testing and Evaluation Conducted Within the Mariana Islands Range Complex (MIRC), 53796-53873 [E9-24837]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Proposed Rules]
[Pages 53796-53873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24837]



[[Page 53795]]

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Part II





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; Military Training Activities and 
Research, Development, Testing and Evaluation Conducted Within the 
Mariana Islands Range Complex (MIRC); Proposed Rule

Federal Register / Vol. 74 , No. 201 / Tuesday, October 20, 2009 / 
Proposed Rules

[[Page 53796]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 218

[Docket No. 0907281180-91190-01]
RIN 0648-AX90


Taking and Importing Marine Mammals; Military Training Activities 
and Research, Development, Testing and Evaluation Conducted Within the 
Mariana Islands Range Complex (MIRC)

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 for the Department of Defense (including the Navy, the 
U.S. Air Force (USAF), and the U.S. Marine Corps (USMC)) to take marine 
mammals incidental to training activities conducted in the Mariana 
Islands Range Complex (MIRC) study area for the period of March 2010 
through February 2015 (amended from the initial request for January 
2010 through December 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 November 
19, 2009.

ADDRESSES: You may submit comments, identified by 0648-AX90, 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, as well as the draft Monitoring 
Plan and the draft Stranding Response Plan for MIRC, 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 MIRC was published on January 30, 2009, 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].

Summary of Request

    In August 2008, NMFS received an application from the Navy (which 
was updated in February, March, and June 2009) requesting authorization 
for the take of individuals of 28 species of marine mammals incidental 
to upcoming Department of Defense (including Navy, USMC, and USAF) 
training activities to be conducted from March 2010 through February 
2015 within the MIRC study area, which encompasses a 501,873-square-
nautical mile (nm\2\) area around the islands of Guam, Tinian, Saipan, 
Rota, Fallaron de Medenillia, and others and includes ocean areas in 
both the Pacific Ocean and the Philippine Sea. These training 
activities are classified as 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 MIRC Study Area 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 27 
species of marine mammals by Level B Harassment and 2 individuals of 2 
species by Level A Harassment, although injury will likely be avoided 
through the implementation of the Navy's proposed mitigation measures. 
Further, although it does not anticipate that it will occur, the Navy 
requests authorization to take, by injury or mortality, up to 10 beaked 
whales over the course of the 5-yr regulations.

Description of Specified Activities

Purpose and Background

    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

[[Page 53797]]

Title 10 of the United States Code directs the Chief of Naval 
Operations to train all military 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 weapons systems.
    The specified training and RDT&E activities addressed in this 
proposed rule are a subset of the Proposed Action described in the MIRC 
DEIS, which would support and maintain Department of Defense training 
and assessments of current capabilities, RDT&E activities, and 
associated range capabilities (including hardware and infrastructure 
improvements in the MIRC). Training and RDT&E do not include combat 
operations, operations in direct support of combat, or other activities 
conducted primarily for purposes other than training. The Department of 
Defense proposes to implement actions within the MIRC to:
     Maintain baseline training and RDT&E activities at 
mandated levels;
     Provide the potential to increase training activities and 
exercises from current levels;
     Accommodate increased readiness activities associated with 
the force structure changes (human resources, new platforms, additional 
weapons systems, including underwater tracking capabilities and 
training activities to support Intelligence, Surveillance, 
Reconnaissance, Strike [ISR/Strike]); and
     Implement range complex investment strategies that 
sustain, upgrade, modernize, and transform the MIRC to accommodate 
increased use and more realistic training scenarios.
    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 associated with the annual take of 
marine mammals:
     Multistrike Exercises and Joint Expeditionary Exercises 
(most extensive at sea exercises utilizing MFAS)--increase from one 
exercise in alternate years to one exercise every year.
     Other Major Exercises utilizing MFAS (shorter and less 
MFAS use)--increase from 1 to 7 exercises.
     Unit Level Anti-submarine Warfare (ASW) Exercises (TRACKEX 
and TORPEX)--an increase from 34 to 83 exercises.
     Mine Warfare Exercises--an increase from 32 to 53 
exercises.
     Bombing Exercises (non-inert)--an increase from 1 to 4 
exercises.
     Sinking Exercises--an increase from 1 to 2 exercises.
     Gunnery Exercises--an increase from 32 to 54 exercises.
     Missile Exercises (Air to Surface, live HELLFIRE 
missile)--an increase from 0 to 2 exercises.

Overview of the MIRC

    The U.S. military has been training and operating in the area now 
defined as the MIRC for over 100 years. The MIRC Study Area (see figure 
1-1 in the Navy's application) is located in the Western Pacific 
(WestPac) and consists of three primary components: ocean surface and 
undersea areas, special use airspace (SUA), and training land areas. 
The ocean surface and undersea areas extend from the international 
waters south of Guam to north of Pagan (CNMI), and from the Pacific 
Ocean east of the Mariana Islands to the middle of the Philippine Sea 
to the west, encompassing 501,873 square nautical miles (nm\2\) 
(1,299,851 square kilometers [km\2\]) of open ocean and littorals 
(coastal areas). The MIRC Study Area includes ocean areas in the 
Philippine Sea, Pacific Ocean, and exclusive economic zones (EEZs) of 
the United States and Federal States of Micronesia (FSM). The MIRC 
Study Area includes land ranges and training area/facilities on Guam, 
Rota, Tinian, Saipan, and Farallon de Medinilla (FDM), encompassing 64 
nm\2\ (220 km\2\) of land. Special Use Airspace (SUA) consists of 
Warning Area 517 (W-517), restricted airspace over FDM (R-7201), and 
Air Traffic Control Assigned Airspace (ATCAA) encompassing 63,000 nm\2\ 
(216,000 km\2\) of airspace. For range management and scheduling 
purposes, the MIRC is divided into training areas under different 
controlling authorities.
    Guam is located roughly three quarters of the distance from Hawaii 
to the Philippines, about 1,600 miles east of Manila and 1,550 miles 
southeast of Tokyo. The southern extent of the Commonwealth of the 
Northern Mariana Islands (CNMI) is located 40 miles north of Guam (Rota 
Island) and extends 330 miles to the northwest. Saipan, the CNMI 
capital, is 3,300 miles west of Honolulu and 1,470 miles south-
southeast of Tokyo. The MIRC is of particular significance for the 
training of U.S. military forces in the Western Pacific because of its 
location. As the westernmost complex in U.S. territory, it provides the 
only opportunity for forward-deployed U.S. forces to train on U.S.-
owned lands without having to return to Hawaii or the continental 
United States.
    The seafloor of the MIRC is characterized by the Mariana Trench, 
the Mariana Basin, the Mariana Ridge, ridges, numerous seamounts, 
hydrothermal vents, and volcanic activity. These areas are comprised of 
very deep water with a very rapid transition from the shelf to deep 
water. The Mariana Trench is located east to south-east of Guam and the 
Mariana Islands and is characterized by deep depths of 16,404 to 32,808 
feet [ft] (5,000 to 10,000 m) (Fryer et al., 2003). The Mariana Basin 
is located west of Guam and the Mariana Islands, and is characterized 
by an average depth of 11,483 ft (Taylor and Martinez 2003; Yamazaki et 
al., 1993). The Mariana Ridge consists of Guam and the Mariana Islands 
and the waters out to the Mariana Trench, and is characterized by 
shallow water transitioning to deep water of 11,483 ft (3,500 m) 
(Taylor and Martinez 2003; Yamazaki et al., 1993). The bottom substrate 
covering the seafloor in the MIRC is primarily volcanic or marine in 
nature (Eldredge, 1983).
    The waters of the MIRC Study Area undergo an annual cycle of 
temperature change, however this temperature flux is only a few degrees 
each year, as would be expected from a tropical climate. The 
temperature throughout the year ranges from about 25[deg] to 31 [deg]C 
with an annual mean temperature of 27[deg] to 28 [deg]C for the years 
ranging from 1984 to 2003 (National Oceanic and Atmospheric 
Administration [NOAA] 2004). Temperatures increase during the summer 
and autumn months with peak temperatures occurring in September/
October.
    The water column in the MIRC Study Area contains a well-mixed 
surface layer ranging from 295 ft to 410 ft (90 to 125 m). Immediately 
below the mixed layer is a rapid decline in temperature to the cold 
deeper waters. Unlike more temperate climates, the thermocline is 
relatively stable, rarely turning over and mixing the more nutrient-
rich waters of the deeper ocean in to the surface layer. This 
constitutes what has been defined as a ``significant'' surface duct (a 
mixed layer of constant water temperature extending from the sea 
surface to 100 feet or more), which influences the transmission of 
sound in the water. This factor has been included in the modeling 
analysis of marine mammal impacts.

Marianas Trench Marine National Monument

    The Marianas Trench Marine National Monument (the `Monument') was

[[Page 53798]]

established in January 2009 by Presidential Proclamation under the 
authority of the Antiquities Act (16 U.S.C. 431). The Monument consists 
of approximately 71,897 square nautical miles (246,600 square 
kilometers) of submerged lands and waters of the Mariana Archipelago 
and was designated with the purpose of protecting the submerged 
volcanic areas of the Mariana Ridge, the coral reef ecosystems of the 
waters surrounding the islands of Farallon de Pajaros, Maug, and 
Asuncion in the Commonwealth of the Northern Mariana Islands, and the 
Mariana Trench. The Monument includes the waters and submerged lands of 
the three northernmost Mariana Islands (the `Islands Unit') and only 
the submerged lands of designated volcanic sites (the `Volcanic Unit') 
and the Mariana Trench (the `Trench Unit') to the extent described as 
follows: The seaward boundaries of the Islands Unit of the monument 
extend to the lines of latitude and longitude which lie approximately 
50 nautical miles (93 kilometers) from the mean low water line of 
Farallon de Pajaros (Uracas), Maug, and Asuncion. The inland boundary 
of the Islands Unit of the monument is the mean low water line. The 
boundary of the Trench Unit of the Monument extends from the northern 
limit of the EEZ of the United States in the Commonwealth of the 
Northern Mariana Islands to the southern limit of the Exclusive 
Economic Zone of the United States in Guam approximately following the 
points of latitude and longitude identified in Figure 3.6-1 of the MIRC 
DEIS. The boundaries of the Volcanic Unit of the Monument include a 1 
nautical mile radius centered on each of the islands' volcanic 
features.
    The Monument contains objects of scientific interest, including the 
largest active mud volcanoes on Earth. The Champagne vent, located at 
the Eifuku submarine volcano, produces almost pure liquid carbon 
dioxide. This phenomenon has only been observed at one other site in 
the world. The Sulfur Cauldron, a pool of liquid sulfur, is found at 
the Daikoku submarine volcano. The only other known location of molten 
sulfur is on Io, a moon of Jupiter. Unlike other reefs across the 
Pacific, the northernmost Mariana reefs provide unique volcanic 
habitats that support marine biological communities requiring basalt. 
Maug Crater represents one of only a handful of places on Earth where 
photosynthetic and chemosynthetic communities of life are known to come 
together.
    The waters of the Monument's northern islands are among the most 
biologically diverse in the Western Pacific and include the greatest 
diversity of seamount and hydrothermal vent life yet discovered. These 
volcanic islands are ringed by coral ecosystems with very high numbers 
of apex predators, including large numbers of sharks. They also contain 
one of the most diverse collections of stony corals in the Western 
Pacific. The northern islands and shoals in the Monument have 
substantially higher large fish biomass, including apex predators, than 
the southern islands and Guam. The waters of Farallon de Pajaros (also 
known as Uracas), Maug, and Asuncion support some of the largest 
biomass of reef fishes in the Mariana Archipelago.
    A portion of the Monument lies within the MIRC, including a small 
area on the northern border of the MIRC as well as the Volcanic Unit 
and the Trench Unit (See Figure 3.6-1). Any of the activities 
identified under the Proposed Action could take place within areas 
included in the Monument, where they overlap. The Presidential 
Proclamation establishing the Monument indicates that the prohibitions 
required by the Proclamation shall not apply to activities and 
exercises of the Armed Forces, but also that the Armed Forces shall 
ensure, by the adoption of appropriate measures not impairing 
operations or operational capabilities, that its vessels and aircraft 
act in a manner consistent, so far as is reasonable and practicable, 
with the Proclamation.

Specified Activities

    As mentioned above, the Navy has requested MMPA authorization to 
take marine mammals incidental to training or RDT&E activities in the 
MIRC 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 Maritime and Air 
Interdiction of Maritime Targets and Air Combat Maneuvers; however, 
these activities are primarily air based and do not utilize sound 
sources or explosives in the water. No take of marine mammals is 
anticipated to result from these activities and, therefore, they are 
not discussed further.

Activities Utilizing Active Sonar Sources

    For the MIRC, the training activities that utilize active tactical 
sonar sources fall primarily into the category of Anti-submarine 
Warfare (ASW). 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.

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 information about only the 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.
    MFAS, as defined in the Navy's MIRC 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 the improved capability (of MFAS over other 
sources) for long range detection of adversary submarines before they 
are able to conduct an attack is essential to U.S.

[[Page 53799]]

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 on ships and in 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 MIRC 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.
    Surveillance Towed Array Sensor System Low Frequency Active 
(SURTASS LFA) sonar operates below 1 kHz and is designed to detect 
extremely quiet diesel-electric submarines at ranges far beyond the 
capabilities of MFA sonars. There are currently only two ships in use 
by the Navy that are equipped with LFA sonar; both are ocean 
surveillance vessels operated by Military Sealift Command (MSC).

Acoustic Sources Used for ASW Exercises in the MIRC

    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 MIRC are identified in Table 1.
    The SURTASS LFA system may also be used during some of the Navy's 
training and testing scenarios within the MIRC Study Area (see SURTASS 
LFA subsection below), however, that system's use was analyzed in other 
environmental documentation (DON 1999, 2002b, 2007a; NOAA 2002a, 2007).
BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TP20OC09.000

BILLING CODE 3510-22-C

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    ASW sonar systems are deployed from certain classes of surface 
ships, submarines, helicopters, 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. The 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. Helicopters are used to deploy both 
active and passive sonobuoys to assist in locating and tracking 
submarines or ASW targets during the exercise, and to deploy dipping 
sonar. 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, including the Fast Frigate (FFG) and the Guided 
Missile Destroyer (DDG), and the guided missile cruiser (CG). These 
three classes of ship are equipped with active as well as passive 
tactical sonars for mine avoidance and submarine detection and 
tracking. DDG and CG class ships are equipped with the AN/SQS-53 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-53 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 sonars (e.g., AN/BQQ-10) are used to 
detect and target enemy submarines and surface ships. Because submarine 
active sonar use is very rare and in those rare instances, very brief, 
it is extremely unlikely that use of active sonar by submarines would 
have any measurable effect on marine mammals. In addition, submarines 
have a high frequency AN/BQS-15 sonar used for navigation safety and 
mine avoidance that is not unlike a fathometer in source level or 
output. There is, at present, no mine training range in the MIRC area. 
Therefore, given its limited use and rapid attenuation as a high 
frequency source, the AN/BQS-15 is not expected to result in the take 
of marine mammals.
    Aircraft Sonar Systems--Aircraft sonar systems that would operate 
in the MIRC include sonobuoys and dipping sonar. Sonobuoys may be 
deployed by maritime patrol aircraft or helicopters; dipping sonars are 
used by carrier-based helicopters. A sonobuoy is an expendable device 
used by aircraft for the detection of underwater acoustic energy and 
for conducting vertical water column temperature measurements. Most 
sonobuoys are passive, but some can generate active acoustic signals, 
as well. Dipping sonar is an active or passive sonar device lowered on 
cable by helicopters to detect or maintain contact with underwater 
targets. During ASW training, these systems' active modes are only used 
briefly for localization of contacts and are not used in primary search 
capacity.
    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) that 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 independently 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 Table 1 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. 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 was modeled for active sonar transmissions as a high 
frequency source during specified training activities within the MIRC. 
The use of the less powerful MK-46 and MK-54 torpedoes will also occur 
in the MIRC, however, their use was accounted for by modeling all 
torpedo use in MIRC as if they were MK-48 torpedoes.
    Portable Undersea Tracking Range--The Portable Undersea Tracking 
Range (PUTR) would be developed to support ASW training in areas where 
the ocean depth is between 400 m and 3500 m. In MIRC it would likely be 
deployed in a TORPEX area or in W-517. This system would temporarily 
instrument up to a 100 square-nautical mile or smaller areas on the 
seafloor, and would provide high fidelity crew feedback and scoring of 
crew performance during ASW training activities. No on-shore

[[Page 53802]]

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. The anchors used to keep the 
electronics packages on the seafloor are made of steel, approximately 
1.5 ft-by-1.5 ft and 300 pounds. PUTR use is planned for Navy training 
areas other than MIRC including the Northwest Training Range Complex 
and Gulf of Alaska. PUTR equipment can be recovered for maintenance or 
when training is completed. The Navy proposes to deploy this system 
year round, and to conduct TRACKEX and TORPEX activities for up to 35 
days per year at any time of year. During each of the 35 days of annual 
operation, the PUTR would be in use for up to 8 hours each day. Two 
separate sound sources are associated with the operation of the PUTR:
     Range tracking pingers--Range tracking pingers would be 
used on ships, submarines, and ASW targets when training is conducted 
on the PUTR. A typical MK 84 range tracking pinger generates a 12.9 kHz 
pulse with a duty cycle of 15 milliseconds and has a design power of 
194 dB re 1 micro-Pascal at 1 meter. Ping rate is selectable and 
typically one pulse every two seconds. Under the proposed action, up to 
four range pingers would operate simultaneously for 8 hours each of the 
35 PUTR operating days per year. Total time operated would be 280 hours 
annually.
     Transponders--Each transponder 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) or 40 kHz, at a source 
level of 190 decibels (dB) at 40 kHz, and 186 dB at 8.8 kHz. The uplink 
frequency is selectable and typically uses the 40 kHz signal, however 
the lower frequency may be used when PUTR is deployed in deep waters 
where conditions may not permit the 40 kHz signal to establish and 
maintain the uplink. The PUTR system also incorporates an emergency 
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 35 days per year, for 8 hours each day of use. Total time 
operated would be 280 hours annually.
    Acoustic Device Countermeasures (ADCs)--ADCs (e.g., AN/SLQ-25 
(``NIXIE''), MK-2 and MK-3 are, in effect, decoys to avert localization 
and/or torpedo attacks. These do not represent a significant source of 
sound given their intermittent use and operational characteristics 
(source output level and/or frequency). Given the sporadic use of these 
devices, the potential to affect marine mammals is unlikely, therefore 
these sources were not modeled or considered further in this analysis.
    Training Targets--ASW training targets are used to simulate 
opposition submarines. They are equipped with one or a combination of 
the following devices: (1) Acoustic projectors emanating sounds to 
simulate submarine acoustic signatures, (2) echo repeaters to simulate 
the characteristics of the echo of a particular sonar signal reflected 
from a specific type of submarine, and (3) magnetic sources to trigger 
magnetic detectors. Based on the operational characteristics (source 
output level and/or frequency) of these acoustic sources, the potential 
to affect marine mammals is unlikely, and therefore they were not 
modeled for this analysis.
    SURTASS LFA--SURTASS LFA is a long-range, all-weather, sonar system 
that operates in the low frequency band (100-500 Hz). The system has 
both passive and active components. The active system component, LFA, 
is an augmentation to the passive detection system, and is planned for 
use when passive system performance proves inadequate. LFA is a set of 
acoustic transmitting source elements suspended by cable from 
underneath a ship. These elements, called projectors, are devices that 
produce the active sound pulse, or ping. The projectors transform 
electrical energy to mechanical energy that set up vibrations or 
pressure disturbances within the water to produce a ping. The passive, 
or listening, part of the system is SURTASS, which detects returning 
echoes from submerged objects, such as submarines, through the use of 
hydrophones. The SURTASS hydrophones are mounted on a receive array 
that is towed behind the vessel. The return signals or echoes, which 
are usually below background or ambient sound level, are then processed 
and evaluated to identify and classify potential underwater targets.
    In the MIRC Study Area, the military intends to conduct three 
exercises (multi-strike group exercises) that will include an LFA 
component during a five-year period that may include both SURTASS LFA 
and MFA active sonar sources. The expected duration of these combined 
exercises is approximately 14 days. Based on an exercise of this 
length, an LFA system would be active (i.e., actually transmitting) for 
no more than approximately 25 hours. In the combined exercise, LFA 
sonar is used as a long-range search tool (to find a potential target 
at long range) while MFA sonar is generally used as a closer-range 
search tool (to find a target at closer range). The LFA sonar and the 
MFA sonar would not normally be operated in close proximity to each 
other. Tactical and technical considerations dictate that the LFA ship 
would typically be tens of miles from the MFA ship when using active 
sonar.
    Analysis of the environmental impacts of the SURTASS LFA system, 
including the potential for synergistic and cumulative effects with 
MFAS operation, was previously presented in a series of Navy EISs and 
the August, 2009 biological opinion for SURTASS LFA 2009 LOA, and the 
take of marine mammals incidental to the operation of LFA in the MIRC 
and elsewhere has been previously authorized by NOAA/NMFS (2002a, 
2007). Although the authorization of take of marine mammals incidental 
to the operation of LFA sonar will not be considered here, NMFS 
describes and considers the limited manner in which the two separately 
analyzed systems (LFAS and MFAS) may interact in a multi-strike group 
exercise in the MIRC.

Exercises Utilizing MFAS in the MIRC

    As described above, ASW Exercises are the primary type of exercises 
that utilize MFAS and HFAS sources in the MIRC. Unit level tracking and 
torpedo ASW exercises occur regularly in the MIRC. Additionally, in a 
single year the MIRC will either have several major exercises, or one 
multi-strike group exercise, that integrate ASW training with other 
types of training such as air, surface, or strike warfare. ASW exercise 
descriptions are included below and summarized (along with the 
exercises utilizing explosives) in Table 2.
    ASW Tracking Exercise (TRACKEX)--Generally, TRACKEXs train 
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

[[Page 53803]]

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. The different types of TORPEXs 
are further described below.
    Torpedo Exercise (TORPEX)--Anti-submarine Warfare (ASW) TORPEX 
activities train crews in tracking and attack of submerged targets, 
firing one or two exercise torpedoes (EXTORPs) or recoverable exercise 
torpedoes (REXTORPs). TORPEX targets and systems used in the Offshore 
Areas may include live submarines, MK-46, MK-54, and MK-48 torpedoes, 
MK-30 ASW training targets, and MK-39 Expendable Mobile ASW Training 
Targets (EMATTs). The target may be non-evading while operating on a 
specified track, or it may be fully evasive, depending on the training 
requirements of the training exercise. Submarines periodically conduct 
torpedo firing training exercises within the MIRC. Typical duration of 
a submarine TORPEX exercise is 10 hours, while air and surface ASW 
platform TORPEX exercises using the MK-46 and MK-54 torpedoes are 
considerably shorter.
    Joint Expeditionary Exercise--The Joint Expeditionary Exercise 
brings different branches of the U.S. military together in a joint 
environment that includes planning and execution efforts as well as 
military operations at sea, in the air, and ashore. The purpose of the 
exercise is to train a U.S. Joint Task Force staff in crisis action 
planning for execution of contingency operations. It provides U.S. 
forces an opportunity to practice training together in a joint 
environment as well as a combined environment with partner nation 
forces, where more than 8,000 personnel may participate.
    The participants and assets could include: Carrier Strike Group 
with its aircraft carrier, guided missile cruisers and Guided missile 
destroyers; Amphibious command and assault ships, submarines, logistic 
ships. It may also include Fleet and Battle Group Staffs, Naval and Air 
Force aircraft, Marine Expeditionary Units (MEU), and Army Infantry 
Units. This type of exercise would include activities conducted at sea 
and in the air and near-shore and ashore activities on Tinian, FDM, 
Guam, and Saipan.
    ASW active sonar activity may include: Single and multi-unit 
TRACKEX and TORPEX in coordinated ASW events; active ASW sources may 
include SQS-53; SQS-56; DICASS; IEER/AEER; AQS-22; BQQ-10; MK-48 
EXTORP; and, Portable Underwater Tracking Range operation including 
transponders and MK-84 range tracking pingers.
    Marine Air Ground Task Force (Amphibious) (MAGTF) Exercise--This 
major exercise includes over the horizon, ship to objective maneuver 
and activities of the ESG and Amphibious MAGTF for up to 10 days. The 
exercise utilizes all elements of the MAGTF to secure the battlespace 
(air, land, and sea), maneuver to and seize the objective, and conduct 
self-sustaining operations ashore with continual logistic support of 
the ESG. Tinian is the primary MIRC training area for this exercise; 
however elements of the exercise may be rehearsed nearshore and on 
Guam.
    ASW active sonar activity may include: single and multi-unit 
TRACKEX and TORPEX in coordinated ASW event; active ASW sources may 
include SQS-53C/D; SQS-56; DICASS; IEER/AEER; AQS-22; BQQ-10; MK-48 
EXTORP and Portable Underwater Tracking Range operation including 
transponders and MK-84 range tracking pingers.
    Joint Multi-Strike Group Exercise--The Joint Multi-Strike Group 
conducts training involving Navy assets engaging in a schedule of 
events (SOE) battle scenario, with U.S. forces pitted against a 
notional opposition force (OPFOR). Participants use and build upon 
previously gained training skill sets to maintain and improve the 
proficiency needed for a mission-capable, deployment-ready unit.
    The exercise includes several at-sea activities. In Command and 
Control (C2), a command organization exercises operational control of 
the assets involved in the exercise. This control includes monitoring 
for safety and compliance with protective measures. Air Warfare (AW) 
includes missile exercises which involve firing live missiles at air 
targets. Ships and aircraft fire missiles against air targets. AW also 
includes non-firing events such as Defensive Counter Air (DCA). DCA 
exercises ship and aircrew capabilities at detecting and reacting to 
incoming airborne threats. In Anti-Surface Warfare (ASUW), Naval forces 
control sea lanes by countering hostile surface combatant ships.
    ASW active sonar activity in this exercise may include: Single and 
multi-unit TRACKEX and TORPEX in coordinated ASW events; active ASW 
sources may include SQS-53C/D; SQS-56; DICASS; IEER/AEER; AQS-22; BQQ-
10; MK-48 EXTORP; Portable Underwater Tracking Range operation 
including transponders and MK-84 range tracking pingers.
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[[Page 53805]]

Activities Utilizing Underwater Detonations

    Underwater detonation activities can occur at various depths 
depending on the activity, but may also include activities with 
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, 76-mm 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 mammals 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.
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    Sinking Exercise--In a SINKEX, a specially prepared, deactivated 
vessel is deliberately sunk using multiple weapons systems. The 
exercise provides training to ship and aircraft crews in delivering 
both live and inert ordnance on a real target. These target vessels are 
empty, cleaned, and environmentally-remediated ship hulk. A SINKEX 
target is towed to sea and set adrift at the SINKEX location. The 
duration of a SINKEX is unpredictable since it ends when the target 
sinks, sometimes immediately after the first weapon impact and 
sometimes only after multiple impacts by a variety of weapons. 
Typically, the exercise lasts for 4 to 8 hours over 1 to 2 days. 
SINKEXs occur only occasionally during MIRC exercises. Potential 
harassment would be from underwater detonation. SINKEX events have been 
conducted in the open ocean of the western Pacific and within the MIRC, 
in compliance with 40 CFR 229.2.
    The Environmental Protection Agency (EPA) grants 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[hellip]'' (40 CFR 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.''
    SINKEX events typically include at least one surface combatant 
(frigate, destroyer, or cruiser); one submarine; and numerous fixed-
wing and rotary-wing aircraft. One surface ship will serve as a 
surveillance platform to ensure the hulk does not pose a hazard to 
navigation prior to and during the SINKEX. The weapons actually 
expended during a SINKEX can vary greatly. Table 1-2 in the Navy's 
application indicates the typical ordnance used in a SINKEX, which 
include HARPOON, HELLFIRE, and MAVERICK missiles, 5' gunfire, MK-48 
torpedoes, and underwater demolitions. This table reflects the planning 
for weapons, which may be expended during one SINKEX in the MIRC Study 
Area. This level of ordnance is expected for each of the SINKEX events 
in the Joint Multi-strike Group exercise. With the exception of the 
torpedo, which is designed to explode below the target hulk in the 
water column, the weapons deployed during a SINKEX are intended to 
strike the target hulk, and thus not explode within the water column.
    Surface-to-Surface Gunnery Exercise--S-S GUNEX take place in the 
open ocean to provide gunnery practice for Navy and Coast Guard ship 
crews. GUNEX training activities conducted in the offshore study area 
involve stationary targets such as a MK-42 floating at-sea target 
(FAST) or a MK-58 marker (smoke) buoy. The gun systems employed against 
surface targets include the 5-inch, 76 millimeter (mm), 25-mm chain 
gun, 20-mm Close-in Weapon System (CIWS), and 50-caliber machine gun. 
Typical ordnance expenditure for a single GUNEX is a minimum of 21 
rounds of 5-inch or 76-mm ammunition, and approximately 150 rounds of 
25-mm or .50-caliber ammunition. Both live and inert training rounds 
are used. After impacting the water, the rounds and fragments sink to 
the bottom of the ocean. A GUNEX lasts approximately 1 to 2 hours, 
depending on target services and weather conditions. The live 5-inch 
and 76-mm rounds are considered in the underwater detonation modeling.
    Air-to-Surface Gunnery Exercise (A-S GUNEX)--A-S GUNEX training 
activities are conducted by rotary-wing aircraft against stationary 
targets (Floating at-sea Target [FAST] and smoke buoy). Rotary-wing 
aircraft involved in this activity would include a single helicopter 
using either 7.62-mm or .50-caliber door-mounted machine guns. A 
typical GUNEX will last approximately one hour and involve the

[[Page 53806]]

expenditure of approximately 400 rounds of 0.50-caliber or 7.62-mm 
ammunition. Due to their being inert and the small size of the rounds, 
they are not considered to have an underwater detonation impact.
    Air-to-Surface Missile Exercise (A-S MISSILEX)--The A-S MISSILEX 
consists of the attacking platform releasing a forward-fired, guided 
weapon at the designated towed target. The exercise involves locating 
the target, then designating the target, usually with a laser. A-S 
MISSILEX training that does not involve the release of a live weapon 
can take place if the attacking platform is carrying a captive air 
training missile (CATM) simulating the weapon involved in the training. 
The CATM MISSILEX is identical to a live-fire exercise in every aspect 
except that a weapon is not released. The training requires a laser-
safe range as the target is designated just as in a live-fire exercise. 
From 1 to 16 aircraft, carrying live, inert, or CATMs, or flying 
without ordnance (dry runs) are used during the exercise. At sea, 
seaborne powered targets (SEPTARs), Improved Surface Towed Targets 
(ISTTs), and decommissioned hulks are used as targets. A-S MISSILEX 
assets include helicopters and/or 1 to 16 fixed-wing aircraft with air-
to-surface missiles and anti-radiation missiles (electromagnetic 
radiation source seeking missiles). Targets include SEPTARs, ISTTs, and 
excess ship hulks. When HELLFIRE Missiles are used the exercise is 
called a HELLFIRE MISSILEX. HELLFIRE MISSILEXs would occur 2 times per 
year in an area approximately 30-35 nm south of Apra Harbor in W-517. 
Potential harassment would be from underwater detonation.
    Surface-to-Surface Missile Exercise (S-S MISSILEX)--S-S MISSILEX 
involves the attack of surface targets at sea by use of cruise missiles 
or other missile systems, usually by a single ship conducting training 
in the detection, classification, tracking and engagement of a surface 
target. S-S MISSILEXs always occur during a SINKEX. Engagement is 
usually with HARPOON missiles or Standard missiles in the surface-to-
surface mode. Targets could include virtual targets or the SEPTAR or 
ship deployed surface target. S-S MISSILEX training is routinely 
conducted on individual ships with embedded training devices. A S-S 
MISSILEX could include 4 to 20 surface-to-surface missiles, SEPTARs, a 
weapons recovery boat, and a helicopter for environmental and photo 
evaluation. All missiles are equipped with instrumentation packages or 
a warhead. Surface-to-air missiles can also be used in a surface-to-
surface mode. Each exercise typically lasts five hours. Future S-S 
MISSILEX could range from 4 to 35 hours. Potential harassment would be 
from underwater detonation.
    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. Typically, a 
flight of two aircraft will approach the target from an altitude of 
between 15,000 ft to less than 3,000 ft, and will adhere to designated 
ingress and egress routes. Typical bomb release altitude is below 3,000 
ft and within a range of 1000 yards for unguided munitions, and above 
15,000 ft and in excess of 10 nm for precision-guided munitions. 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. Some BOMBEXs include the use of the MK-84/GBU-31 JDAM, the 
largest bomb proposed for use. JDAM training would occur 4 times per 
year in W-517 and generally in the southern portion avoiding known 
fishing areas. The surface danger zone requires a 25 nm buffer around 
the aim point, so that all operations occur within W-517. Each BOMBEX 
A-S can take up to 4 hours to complete.
    Mine Neutralization--Mine Neutralization involves the detection, 
identification, evaluation, rendering safe, and disposal of mines and 
unexploded ordnance (UXO) that constitutes a threat to ships or 
personnel. Mine neutralization training can be conducted by a variety 
of air, surface and undersea assets. Potential harassment would be from 
underwater detonation.
    Tactics for neutralization of ground or bottom mines involve the 
diver placing a specific amount of explosives, which when detonated 
underwater at a specific distance from a mine results in neutralization 
of the mine. Floating, or moored, mines involve the diver placing a 
specific amount of explosives directly on the mine. Floating mines 
encountered by Fleet ships in open-ocean areas are detonated at the 
surface. In support of an expeditionary assault, divers and Navy marine 
mammal assets deploy in very shallow water depths (10 to 40 feet) to 
locate mines and obstructions. Divers are transported to the mines by 
boat or helicopter. Inert dummy mines are used in the exercises. The 
total net explosive weight used against each mine ranges from less than 
1 pound to 20 pounds.
    All demolition activities are conducted in accordance with 
Commander, Naval Surface Forces Pacific (COMNAVSURFPAC) Instruction 
3120.8F, Procedures for Disposal of Explosives at Sea/Firing of Depth 
Charges and Other Underwater Ordnance (DoN 2003). Before any explosive 
is detonated, divers are transported a safe distance away from the 
explosive. Standard practices for tethered mines require ground mine 
explosive charges to be suspended 10 feet below the surface of the 
water.
    EER-IEER AN/SSQ-110A--The Extended Echo Ranging and Improved 
Extended Echo Ranging (EER/IEER) Systems are airborne ASW systems used 
in conducting ``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 IEER System's active sonobuoy 
component, the AN/SSQ-110A Sonobuoy, generates a sound similar to a 
``sonar ping'' using a small explosive and the passive AN/SSQ-101A ADAR 
Sonobuoy ``listens'' for the return echo of the ``sonar ping'' 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 fixed-wing 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 bottom payload is 
released to sink to a designated operating depth. A second command is 
required from the aircraft to cause the second payload to release and 
detonate the explosive to generate a ``ping''. There is only one 
detonation in the pattern of buoys at a time. Potential harassment 
would be from underwater detonations.
    The AEER system (described in the sonar source section) will 
eventually replace use of the EER/IEER system and was analyzed for this 
proposed rule.

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 10 days. During training, 
speeds vary and depend on the specific type of activity, although 10-14 
knots is considered the typical speed. The Navy logs about 1,000 total 
vessel days within

[[Page 53807]]

the MIRC Study Area during a typical year. Training activities are 
widely dispersed throughout the large OPAREA, which encompasses 501,873 
nm\2\ (1,299,851 km\2\). Consequently, the density of Navy ships within 
the Study Area at any given time is low.

Research, Development, Testing, and Evaluation

    The Services may conduct RDT&E, engineering, and fleet support for 
command, control, and communications systems and ocean surveillance in 
the MIRC. These activities may include ocean engineering, missile 
firings, torpedo testing, manned and unmanned submersibles testing, 
unmanned aerial vehicle (UAV) tests, electronic combat (EC), and other 
DoD weapons testing.
    RDT&E activities, if they have a potential for takes of marine 
mammals, will be reviewed to assure they are included within the 
parameters of existing sonar and explosive activities as modeled for 
this rule and the LOAs. As an example, if a new model of SQS 53 sonar 
were tested, as long as it's operating parameters are within the 
parameters modeled, an equal number of hours of SQS 53C use in training 
would be deducted to ensure that the total SQS 53C hours for the year 
(training plus RDT&E) remain within those described in the rule. The 
same would apply for explosives, overall NET explosive weights for 
similar munitions would be reviewed to assure compliance with existing 
rules.
    Additional information on the Navy's proposed activities may be 
found in the LOA Application and the Navy's MIRC DEIS.

Description of Marine Mammals in the Area of the Specified Activities

    Thirty-two marine mammal species or populations/stocks have 
confirmed or possible occurrence within the MIRC, including seven 
species of baleen whales (mysticetes), 22 species of toothed whales 
(odontocetes), two species of seal (pinnipeds), and the dugong 
(sirenian). Table 4 summarizes their abundance, Endangered Species Act 
(ESA) status, occurrence, and density in the area. Seven of the species 
are ESA-listed and considered depleted under the MMPA: Blue whale; fin 
whale; humpback whale; sei whale; sperm whale; North Pacific right 
whale; Hawaiian monk seal; and dugong. The dugong is managed by the 
U.S. Fish and Wildlife Service and will not be addressed further here.
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Species Not Considered Further

    North Pacific right whale--The likelihood of a North Pacific right 
whale (Eubalaena japonica) occurring in the action area is extremely 
low. The North Pacific right whale population is the most endangered of 
the large whale species (Perry et al., 1999) and, currently, there is 
no reliable population estimate for this species, although the 
population in the western North Pacific Ocean is considered to be very 
small, perhaps in the tens to low hundreds of animals. Despite many 
years of systematic aerial and ship-based surveys for marine mammals 
off the western coast of the U.S., only seven documented sightings of 
right whales were made from 1990 through 2005 near Alaska (Waite et 
al., 2003; Wade et al., 2006). Based on this information, it is highly 
unlikely for a right whale to be present in the action area. 
Consequently, this species will not be considered in the remainder of 
this analysis.
    Hawaiian monk seal--The likelihood of a Hawaiian monk seal 
(Monachus schauinslandi) being present in the action area is extremely 
low. There are no confirmed records of Hawaiian monk seals in the 
Micronesia region; however, Reeves et al. (1999) and Eldredge (1991, 
2003) have noted occurrence records for

[[Page 53809]]

seals (unidentified species) in the Marshall and Gilbert islands. It is 
possible that Hawaiian monk seals wander from the Hawaiian Islands to 
appear at the Marshall or Gilbert Islands in the Micronesia region 
(Eldredge 1991). However, given the extremely low likelihood of this 
species occurrence in the action area, the Hawaiian monk seal will not 
be considered in the remainder of this analysis.
    Hubbs Beaked Whale--The likelihood of a Hubbs beaked whale 
(Mesoplodon carlhubbsi) occurring in the action area is extremely low. 
There are no occurrence records for the Mariana Islands and the nearest 
records are from strandings in Japan (DoN 2005). Recent data suggests 
that the distribution is likely north of 30[deg] N (MacCleod et al., 
2006). Given the extremely low likelihood of this species occurrence in 
the action area, the Hubbs beaked whale will not be considered in the 
remainder of this analysis.
    Indo-Pacific Bottlenose Dolphin--The likelihood of an Indo-Pacific 
bottlenose dolphin (Tursiops aduncas) occurring in the action area is 
extremely low. The Indo-Pacific bottlenose dolphin is generally 
associated with continental margins and does not appear to occur around 
offshore islands that are great distances from a continent, such as the 
Marianas (Jefferson as cited in DoN 2005). Given the extremely low 
likelihood of this species occurrence in the action area, the Indo-
Pacific bottlenose dolphin will not be considered in the remainder of 
this analysis.
    Northern Elephant Seal--Northern elephant seals (Mirounga 
angustirostris) are common on islands and mainland haul-out sites in 
Baja California, Mexico north through central California. Elephant 
seals spend several months at sea feeding and travel as far as the Gulf 
of Alaska. Occasionally juveniles wander great distances with several 
individuals being observed in Hawaii and Japan. Although elephant seals 
may wander great distances it is very unlikely that they would travel 
to Japan or Hawaii and then continue traveling to the MIRC. Given the 
extremely low likelihood of this species occurrence in the action area, 
the northern elephant seal will not be considered in the remainder of 
this analysis.
    The Navy has compiled information on the abundance, behavior, 
status and distribution, and vocalizations of marine mammal species in 
the MIRC waters from the Navy Marine Resource Assessment and has 
supplemented this information with additional citations derived from 
new survey efforts and scientific publications. NMFS has not designated 
stocks of marine mammals in the waters surrounding the MIRC and, 
therefore, does not compile stock assessment reports for this area. 
This information may be viewed in the Navy's LOA application and/or the 
Navy's DEIS for MIRC (see Availability), and is incorporated by 
reference herein.
    There are no designated marine mammal critical habitats or known 
breeding areas within the MIRC. Much is unknown about the reproductive 
habits of the dolphin species in MIRC, but they are thought to mate 
throughout their range (like better studied species and stocks are 
known to do) and possibly throughout the year. Even less is known about 
the mating habits of beaked whales. Baleen whales and sperm whales are 
thought to breed seasonally in areas wit