Taking and Importing Marine Mammals; Military Training Activities Conducted Within the Gulf of Alaska (GoA) Temporary Maritime Activities Area (TMAA), 64508-64583 [2010-25230]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Proposed Rules]
[Pages 64508-64583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25230]



[[Page 64507]]

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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; Military Training Activities 
Conducted Within the Gulf of Alaska (GoA) Temporary Maritime Activities 
Area (TMAA); Proposed Rule

Federal Register / Vol. 75 , No. 201 / Tuesday, October 19, 2010 / 
Proposed Rules

[[Page 64508]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 218

[Docket No. 100817363-0365-02]
RIN 0648-BA14


Taking and Importing Marine Mammals; Military Training Activities 
Conducted Within the Gulf of Alaska (GoA) Temporary Maritime Activities 
Area (TMAA)

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 Gulf of Alaska (GoA) Temporary Maritime Activities 
Area (TMAA) for the period December 2010 through December 2015. 
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS proposes 
regulations to govern that take and requests information, suggestions, 
and comments on these proposed regulations. Specifically, we encourage 
the public to recommend effective, regionally specific methods for 
augmenting existing marine mammal density, distribution, and abundance 
information in the GoA TMAA and to prioritize the specific density and 
distribution data needs in the area (species, time of year, etc.). This 
information will ensure the design of the most effective Monitoring 
Plan with the resources available.

DATES: Comments and information must be received no later than November 
18, 2010.

ADDRESSES: You may submit comments, identified by 0648-BA14, 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, Brian D. Hopper, or 
Michelle Magliocca, Office of Protected Resources, NMFS, (301) 713-
2289.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of the Navy's application, as well as the draft Monitoring 
Plan and the draft Stranding Response Plan for GoA TMAA, 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 GoA TMAA was published on December 11, 2009 
and may be viewed at https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS participates 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): 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 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 March 2009, NMFS received an application from the Navy 
requesting authorization to take individuals of 20 species of marine 
mammals (15 cetaceans and 5 pinnipeds) incidental to upcoming training 
activities to be conducted from December 2010 through December 2015 in 
the GoA TMAA, which is a 42,146 square nautical mile (nm \2\) (145,482 
km \2\) polygon roughly the shape of a 300 nm (555.6 km) by 150 nm 
(277.8 km) rectangle oriented northwest to southeast in the long 
direction. NMFS subsequently requested additional information, which 
was provided in November 2009 in the form of a revised application. 
These training activities are classified as military readiness 
activities under the provisions of the NDAA of 2004. These military 
readiness activities may incidentally take marine mammals within the 
TMAA 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 20 species of cetaceans and 
pinnipeds by Level B Harassment. Further, although it does not 
anticipate that it will occur, the Navy requests authorization to take, 
by injury or mortality, up to 15 individual beaked whales (of any of 
the following species: Baird's beaked whale, Cuvier's beaked whale, 
Stejneger's beaked whale) over the course of the 5-year regulations.

[[Page 64509]]

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 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 naval 
systems.
    The specified training activities addressed in this proposed rule 
are a subset of the Proposed Action described in the GoA TMAA DEIS, 
which would support and maintain Department of Defense training and 
assessments of current capabilities. Training does 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 GoA TMAA to:
     Increase the number of training activities from current 
levels (up to 14 days) as necessary to support Fleet exercise 
requirements (that could last up to 21 days between April and October);
     Conduct training in the Primary Mission Areas (PMARs) 
including Anti-Air Warfare (AAW), Anti-Surface Warfare (ASUW), Anit-
Submarine Warfare (ASW), Naval Special Warfare (NSW), Strike Warfare 
(STW), and Electronic Combat (EC). Conduct of training may include that 
necessary for newer systems, instrumentation, and platforms, including 
the EA-18G Growler aircraft, Guided Missile Submarines (SSGN), P-8 
Poseidon Multimission Maritime Aircraft (MMA), Guided Missile Destroyer 
(DDG) 1000 (Zumwalt Class) destroyer, and several types of Unmanned 
Aerial Systems (UASs);
     Accommodate training enhancement instrumentation, to 
include the use of a Portable Undersea Tracking Range (PUTR);
     Conduct an additional Carrier Strike Group (CSG) exercise 
during the months of April through October, which could also last up to 
21 days (first CSG exercise being part of the baseline No Action 
Alternative); and
     Conduct a Sinking Exercise (SINKEX) during each summertime 
exercise (maximum of two) in the TMAA.
    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:
     Helicopter Anti-submarine Warfare (ASW) tracking exercise 
(TRACKEX) (includes use of MFAS and HFAS dipping sonar and sonobuoys)
     Surface ASW TRACKEX (includes use of hull-mounted MFAS)
     Submarine ASW (includes use of hull-mounted MFAS and HFAS)
     Fixed-wing Marine Patrol Aircraft (MPA) ASW TRACKEX 
(includes use of sonobuoys)
     Extended Echo Ranging ASW (includes explosive sonobuoys)
     Bombing Exercises (BOMBEX)
     Sinking Exercises (SINKEX)
     Gunnery Exercises (GUNEX)
Overview of the GoA TMAA
    Since the 1990s, the Navy has participated in a major joint 
training exercise that involves the Departments of the Navy, Army, Air 
Force, and Coast Guard participants reporting to a unified or joint 
commander who coordinates the activities planned to demonstrate and 
evaluate the ability of the services to engage in a conflict and carry 
out plans in response to a threat to national security. Previous 
exercises in the TMAA have occurred in the summer (April-October) 
timeframe due to the extreme cold weather and sea state conditions in 
the TMAA during the winter months. The areas making up the Alaska 
Training Areas (ATAs) (see figure 1-1 in the Navy's application) 
consist of 3 components: (1) TMAA; (2) U.S. Air Force over-land Special 
Use Airspace (SUA) and air routes over the GoA and State of Alaska; and 
(3) U.S. Army training lands.
    Within the northeastern GoA, the TMAA is comprised of the 42,146 
square nautical miles (nm\2\) (145,482 square kilometer (km\2\) of 
surface and subsurface area and 88,731 nm\2\ (305,267 km\2\)) of 
special use airspace (SUA) (not including the portion of Warning Area 
612 [W-612] that falls outside of the TMAA). The TMAA is roughly 
rectangular and oriented from northwest to southeast, approximately 300 
nautical miles (nm) (556 kilometer (km)) long by 150 nm (278 km) wide, 
situated south of Prince William Sound and east of Kodiak Island. With 
the exception of Cape Cleare on Montague Island located over 12 nm (22 
km) from the northern point of the TMAA, the nearest shoreline (Kenai 
Peninsula) is located approximately 24 nm (44 km) north of the TMAA's 
northern boundary. The approximate middle of the TMAA is located 140 nm 
(259 km) offshore.
    The abyssal plain in the GoA gradually shoals from a 16,400 feet 
(ft) (5,000 meter (m)) depth in the southwestern GoA to less than 9,843 
ft (3,000 m) in the northeastern expanses of the Gulf. Maximal depths 
exceed 22,965 ft (7,000 m) near the central Aleutian Trench along the 
continental slope south of the Aleutian Islands. Numerous seamounts, 
remnants of submarine volcanoes, are scattered across the central 
basin. Several of the seamounts rise to within a few hundred meters of 
the sea surface.
    Ocean circulation in the GoA is defined by the cyclonic motion of 
the Pacific subpolar gyre (also referred to as the Alaska Gyre), which 
is composed of the North Pacific Current, the Alaska Current, and the 
Alaskan Stream. Circulation patterns along the shelf divide the region 
into the inner shelf (or Alaska Coastal Current domain), the mid-shelf, 
and the outer shelf including the shelf break (DoN, 2006). The center 
of the gyre is located at approximately 52 to 53 [deg]N and 145 to 155 
[deg]W. Nearshore flow is dominated by the Alaskan Coastal Current and 
is less organized than the flow found along the shelf break and slope. 
The northwestern GoA also includes several prominent geological 
features that influence the regional oceanography. For example, Kayak 
Island extends 50 km across the continental shelf to the east of the 
Copper River. This island can deflect shelf waters farther offshore 
delivering high concentrations of suspended sediment to the outer shelf 
(DoN, 2006).
    During winter months, intense circulation over the GoA produces 
easterly coastal winds and downwelling, both of which result in a well-
mixed water column. During the summer, stratification develops due to 
decreased winds, increased freshwater discharge, and increased solar 
radiation. Under summer and fall conditions, the shelf waters are 
stratified with the upper water column temperatures at their maximum 
and salinities at their minimum. On longer time scales, there is 
evidence of interannual variation in the circulation patterns within 
the GoA. These variations result from the climatic variability of the 
El Ni[ntilde]o Southern Oscillation (ENSO) and the Pacific Decadal 
Oscillation (PDO) (DoN, 2006).
    Generally, two surface temperature regimes characterize the 
northern expanses of the GoA throughout the year. Relatively warm 
surface water occurs over the continental shelf, while colder water is 
found farther offshore

[[Page 64510]]

beyond the shelf break. Thermal stratification remains weak until late 
May or June, then strong stratification persists through the summer 
months. As winds intensify in the fall, stratification dissipates, due 
to stronger vertical mixing and increased downwelling, surface waters 
sink along the coast, and the thermocline deepens throughout the 
region. Along the continental shelf and within the coastal fjords, 
waters are often highly stratified by both salinity and temperature; an 
intense thermocline occurs at approximately 82 ft (25 m). Farther 
offshore in the Alaskan Stream, maximal stratification occurs between 
depths of 328 ft to 984 ft (100 to 300 m) and is associated primarily 
with a permanent halocline in the GoA (DoN, 2006).
Specified Activities
    As mentioned above, the Navy has requested MMPA authorization to 
take marine mammals incidental to training in the GoA TMAA 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 Air Combat Maneuvers 
(ACM), Visit Board Search and Seizure/Vessels of Interest (VBSS/VOI), 
Maritime Interdiction (MI), Chaff Exercises, Sea Surface Control (SSC), 
and Naval Special Warfare Insertion/Extraction exercises; however, 
these activities are primarily air or land 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 GoA TMAA, 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 training 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 sonar 
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 
only provides information about 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 frequency range classifications for active 
sonar: Low-frequency (LF), mid-frequency (MF), and high-frequency (HF).
    MFAS, as defined in the Navy's GoA TMAA 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 mid-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 ASW training is necessary for sailors 
on ships and in strike groups to gain proficiency using MFAS. Moreover, 
if a strike group does not demonstrate MFAS proficiency, it cannot be 
certified as combat ready.
    HFAS, as defined in the Navy's GoA TMAA 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, which are all short range 
applications. Training exercises in the GoA TMAA will include the use 
of HFAS.
    Low-frequency sources operate below 1 kHz. Sonar in this frequency 
range is designed to detect extremely quiet diesel-electric submarines 
at ranges far beyond the capabilities of MFA sonars. Currently, there 
are only two ships in use by the Navy equipped with low-frequency 
sonar; both are ocean surveillance vessels operated by Military Sealift 
Command. While Surveillance Towed Array Sensor System (SURTASS) low-
frequency active sonar was analyzed in a separate EIS/OEIS, use of low-
frequency active sonar is not part of the planned training activities 
considered for the GoA TMAA.

Acoustic Sources Used for ASW Exercises in the GoA TMAA

    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 sonars emit an omni-directional ping and then 
rapidly scan 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 and other sound sources employed 
during training exercises in the GoA TMAA are identified in Table 1.
BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TP19OC10.005

BILLING CODE 3510-22-C
    ASW sonar systems are deployed from certain classes of surface 
ships, submarines, helicopters, and fixed-wing maritime patrol aircraft 
(MPA).

[[Page 64512]]

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. During an exercise, fixed-wing MPA may be used 
to deploy both active and passive sonobuoys to assist in locating and 
tracking submarines or ASW targets. Helicopters may also be used during 
an exercise to deploy both active and passive sonobuoys to assist in 
locating and tracking submarines or ASW targets, and to deploy dipping 
sonar. Submarines are equipped with both passive and active sonar 
sensors that may be used to locate and prosecute other submarines and/
or surface ships during the exercise. The platforms and systems used in 
ASW exercises are identified below.
    Surface Ship Sonar--A variety of surface ships participate in 
training events, including the Fast Frigate (FFG), the Guided Missile 
Destroyer (DDG), and the Guided Missile Cruiser (CG). These three 
classes of ships are equipped with active as well as passive tactical 
sonar 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 because 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 are classified but were 
modeled based on the required tactical training setting.
    Submarine Sonars--Submarines use sonar (e.g., AN/BQQ-10) 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 use 
high-frequency sonar (AN/BQS-15 or BQQ-24) for navigation safety, mine 
avoidance, and a fathometer that is not unlike a standard fathometer in 
source level or output. There is, at present, no mine training range in 
the GoA TMAA. Therefore, given their limited use and rapid attenuation 
as high frequency sources, the AN/BQS-15 and BQQ-24 are not expected to 
result in the take of marine mammals.
    Aircraft Sonar Systems--Aircraft sonar systems that would operate 
in the GoA TMAA include sonobuoys from fixed and rotary-wing aircraft 
and dipping sonar from helicopters. 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 also generate active acoustic 
signals. Dipping sonar is an active or passive sonar device lowered by 
cable from 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. Helicopters and MPA (P-3 or P-8 in approximately 2013) may 
deploy sonobuoys in the GoA TMAA during ASW training exercises.
    Extended Echo Ranging/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 has two components: An 
AN/SSQ-110A Sonobuoy, which generates an explosive sound impulse; and a 
passive receiver sonobuoy (SSQ-77), which ``listens'' 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. In other words, the equipment is 
not retrieved after deployment and, once deployed, it can be remotely 
controlled. For example, 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. Sixteen to twenty 
SSQ-110A source sonobuoys may be used in a typical exercise. Both 
charges of each sonobuoy would be detonated independently during the 
course of the training. The first detonation would be for tactical 
reasons--to locate the submarine; and the second occurs when the 
sonobuoy is 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.
    Multistatic Active Coherent (MAC) system-Formerly referred to as 
the Advanced Extended Echo Ranging (AEER) system, the proposed SSQ-125 
MAC sonobuoy system is operationally similar to the existing EER/IEER 
system. The MAC system will use the same Air Deployed Active Receiver 
(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/SSQ-110A as an impulsive 
source for the active acoustic wave, the MAC 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 MAC system will be assumed to occur at 25 
percent per year as follows: 2011--25 percent replacement; 2012--50 
percent replacement; 2013--75 percent replacement; 2014--100 percent 
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. With the exception of 
SINKEX, torpedoes will not be used in the GoA TMAA during the proposed 
training activities.
    Portable Undersea Tracking Range (PUTR)--The PUTR is a self-
contained, portable, undersea tracking capability that employs modern 
technologies to support coordinated undersea warfare training in 
numerous locations. The system tracks submarines, surface ships,

[[Page 64513]]

weapons, targets, and unmanned undersea vehicles and then distributes 
the data to a data processing and display system, either aboard ship or 
at a shore site. The PUTR may be deployed to support ASW or other 
training in the GoA TMAA. The PUTR would temporarily place hydrophones 
on the seafloor in areas 25-100 nm\2\ (46.3-185.2 km\2\) or smaller and 
provide high-fidelity feedback and scoring of crew performance during 
ASW training activities. No on-shore construction would take place. 
Seven electronics packages, each approximately 3 ft (0.9 m) long by 2 
ft (0.6 m) in diameter, would be temporarily installed on the seafloor 
by a range boat. The anchors used to keep the electronics packages on 
the seafloor consist of either concrete or sand bags, each of which are 
approximately 1.5 ft-by-1.5 ft (0.45 m-by-0.45 m) and 300 pounds (136 
kilograms). PUTR equipment can be recovered for maintenance or when 
training is completed. 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 12.93 kHz sine 
wave in pulses with a maximum duty cycle of 30 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 4 hours each of the 20 PUTR operating days per year. Total time 
operated would be 80 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 kHz, 17 kHz, or 40 kHz, at a source level of 190 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 20 days per year, for 4 
hours each day of use. Total time operated would be 80 hours annually.
    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. Two ASW training target types may be used in the 
TMAA: The MK-30, which is recovered after each use and the MK-39 
Expendable Mobile ASW Training Target (EMATT), which is not recovered. 
Under the proposed action, approximately 12 EMATTs may be expended 
annually during training in the TMAA. A small percentage of these 
EMATTS may be replaced by the more costly yet recoverable MK-30.
    As described above, ASW training exercises are the primary type of 
exercises that utilize MFAS and HFAS sources in the GoA TMAA. Unit 
level tracking and torpedo ASW exercises may occur over the course of 
several days during the proposed training period in the GoA TMAA. Under 
the Navy's preferred alternative, in a single year the GoA TMAA may 
have two exercises lasting up to 21 days, both of which may involve one 
ASW unit (aircraft, ship, or submarine) versus one target (usually a 
MK-39 EMATT or live submarine). 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. Use of torpedoes is 
not a proposed activity in the TMAA, with the exception of SINKEX. 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 (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, dipping sonar, variable-depth sonar, 
and sonobuoys for tracking.
    ASW training activities will take place during the summer months, 
in the form of one or two major exercises or focused activity periods. 
These exercises or activity periods would each last up to 21 days and 
consist of multiple component training activities. Unlike Navy Training 
activities in other areas, the GOA TMAA is not a Range Complex and as 
such, there are no other or ongoing small scale Navy Training 
activities conducted outside these activity periods. Descriptions of 
each ASW tracking exercise type are provided below.

Helicopter ASW TRACKEX

    A helicopter ASW TRACKEX typically involves one or two MH-60R 
helicopters using both passive and active sonar for tracking submarine 
targets. For passive tracking, the MH-60R may deploy patterns of 
passive sonobuoys to receive underwater acoustic signals, providing the 
helicopter crew with locating information on the target. Active 
sonobuoys may also be used. An active sonobuoy, as in any active sonar 
system, emits an acoustic pulse that travels through the water, 
returning echoes if any objects, such as a submarine, are within the 
range of acoustic detection. For active sonar tracking, the MH-60R crew 
will rely primarily on its AQS-22 Dipping Sonar. The sonar is lowered 
into the ocean while the helicopter hovers within 50 ft (15m) of the 
surface. Similar to the active sonobuoy, the dipping sonar emits 
acoustic energy and receives any returning echoes, indicating the 
presence of an underwater object. Use of dipping sonar has the 
potential to disturb a marine mammal or marine mammal stock resulting 
in MMPA Level B harassment as defined for military readiness 
activities.
    The target for this exercise is either an EMATT or live submarine 
which may be either nonevading and assigned to a specified track or 
fully evasive depending on the state of training of the helicopter 
crew. A Helicopter TRACKEX usually takes 2 to 4 hours. No torpedoes are 
fired during this exercise. A total of 192 AQS-22 ``dips'' annually 
were analyzed for potential acoustic impacts under the proposed 
training activities.

MPA 1 ASW TRACKEX

    During these exercises, a typical scenario involves a single MPA 
dropping sonobuoys, from an altitude below 3,000 ft (914 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 anticipated threat and water

[[Page 64514]]

conditions. Typically, passive sonobuoys will be used first, so the 
threat submarine is not alerted. Active sonobuoys will be used as 
required either to locate extremely quiet submarines or to further 
localize and track submarines previously detected by passive buoys. Use 
of sonobuoys has the potential to disturb a marine mammal or marine 
mammal stock resulting in MMPA Level B harassment as defined for 
military readiness activities.
---------------------------------------------------------------------------

    \1\ MPA currently refers to the P-3C Orion aircraft. The P-8 
Multi-Mission Maritime Aircraft is scheduled to replace the P-3C as 
the Navy's MPA.
---------------------------------------------------------------------------

    The MPA will typically operate below 3,000 ft (914 m) to drop 
sonobuoys, will sometimes be as low as 400 ft (122 m), then may climb 
to several thousand feet after the buoy pattern is deployed. The higher 
altitude allows monitoring of the buoys over a much larger search 
pattern area. The target for this exercise is either an EMATT or live 
submarine, which may be either non-evading and assigned to a specified 
track or fully evasive depending on the state of training of the MPA. 
An MPA TRACKEX usually takes 2 to 4 hours. The annual use of a total of 
266 DICASS sonobuoys was analyzed for potential acoustic impacts under 
the proposed training activities.

EER/IEER ASW Training Exercises

    This is an at-sea flying exercise designed to train MPA crews in 
the deployment and use of the EER/IEER sonobuoy systems. This system 
uses the SSQ-110A as the signal source and the SSQ-77 as the receiver 
buoy. This activity differs from the MPA ASW TRACKEX in that the SSQ-
110A sonobuoy uses two explosive charges per buoy for the acoustic 
source. Other active sonobuoys use an electrically generated ``ping.'' 
Use of explosive sonobuoys has the potential to disturb a marine mammal 
or marine mammal stock resulting in MMPA Level B harassment as defined 
for military readiness activities.
    A typical EER/IEER exercise lasts approximately 6 hours. The 
aircrew will first deploy 16 to 20 SSQ-110A sonobuoys and 16 to 20 
passive sonobuoys in 1 hour. For the next 5 hours, the sonobuoy charges 
will be detonated, while the EER/IEER system analyzes the returns for 
evidence of a submarine. This exercise may or may not include a 
practice target. For potential acoustic impacts, the annual deployments 
of 40 SSQ-110 (two explosions per buoy) sonobuoys were analyzed under 
the proposed training activities.
    In the future, the SSQ-125 MAC sonobuoy will be deployed in the GoA 
TMAA as a replacement for the SSQ-110 in EER/IEER exercises.

ASW TRACKEX (Surface Ship)

    Surface ships operating in the GoA TMAA would use hull-mounted 
active sonar to conduct ASW Tracking exercises. Typically, this 
exercise would involve the coordinated use of other ASW assets, to 
include MPA, helicopters, and other ships. A total of 578 hours of SQS-
53 and 52 hours of SQS-56 sonar annually were analyzed for potential 
acoustic impacts under the proposed training activities. Acoustic 
cumulative and synergistic effects are incorporated into the modeling 
as detailed in Appendix B of the Navy's LOA application (see 
Supplementary Information section for information on obtaining copies 
of supporting documents). Use of active sonar by surface ships for ASW 
has the potential to disturb a marine mammal or marine mammal stock 
resulting in MMPA Level B harassment as defined for military readiness 
activities.

ASW or Anti-Surface Warfare (ASUW) (Submarine)

    During these exercises, 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 exercise. Submarines also use their high-frequency 
sonar for object avoidance and navigation safety. Sonar use by 
submarines has the potential to disturb a marine mammal or marine 
mammal stock resulting in MMPA Level B harassment as defined for 
military readiness activities.
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[[Page 64516]]

Activities Utilizing Underwater Detonations

    Underwater detonation activities can occur at various depths. They 
may include activities with detonations at or just below the surface 
(such as SINKEX or gunnery exercises (GUNEX)). When the weapons hit the 
target, 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 to explode 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 2. Additionally, successful 
hit rates are known to the Navy and are utilized in the effects 
modeling. Training events that involve explosives and underwater 
detonations are described below and summarized in Table 3.

                         Table 3--Sources of At-Sea Explosives Used in GoA TMAA for Which Take of Marine Mammals Is Anticipated
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Sub-TTS          TTS           Injury         Mortality
                                                                       Net     -------------------------------------------------------------  Exclusion
                        Ordnance/explosive                          explosive                                    50% TM       Onset massive   zone Used
                                                                    weight (in     177dB      182 SEL/23psi  rupture, 205db  lung injury or      (m)
                                                                      lbs.)                                   or 23 psi-ms      31 psi-ms
--------------------------------------------------------------------------------------------------------------------------------------------------------
5'' Naval gunfire................................................         9.54          413         227/269              43              23          549
76 mm Rounds.....................................................          1.6          168          95/150              19              13          549
MK-82............................................................          238         2720        1584/809             302             153          914
MK-83............................................................          574         4056       2374/1102             468             195          914
MK-84............................................................          945         5196       3050/1327             611             226          914
SSQ-110 IEER.....................................................            5           NA         325/271             155              76          914
MK-48............................................................          851           NA       2588/1198             762             442         1852
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table Also Indicates Range to Indicated Threshold and Size of Navy Exclusion Zone Used in Mitigation. Units Are Meters.

    Sinking Exercise (SINKEX)--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 hulks. 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. The 
Navy proposes to conduct one SINKEX during each summertime exercise in 
the GoA TMAA (maximum of two). Potential harassment would be from 
underwater detonation. SINKEX events have been conducted in the Pacific 
at Navy training range complexes off Southern California, the Pacific 
Northwest, Hawaii, and the Mariana Islands, 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 * * *'' (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 1-7 in the Navy's 
application indicates the typical ordnance that may be used in a 
SINKEX, which may include missiles, bombs, 5'' gunfire, and a single 
MK-48 torpedo. This table reflects the planning for weapons, which may 
be expended during one SINKEX in the GoA TMAA. This level of ordnance 
is expected for each of the two possible SINKEX events in the GoA TMAA. 
With the exception of the single 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)--These exercises 
train surface ship crews in high-speed surface engagement procedures 
against mobile (towed or self-propelled) seaborne targets. Both live 
and inert training rounds are used against the targets. The training 
consists of the pre-attack phase, including locating, identifying, and 
tracking the threat vessel, and the attack phase in which the missile 
is launched and flies to the target. In a live-fire event, aircraft 
conduct a surveillance flight to ensure that the range is clear of 
nonparticipating ships. These activities may occur within the GoA TMAA 
and have the potential to disturb a marine mammal or marine mammal 
stock resulting in MMPA Level B harassment as defined for military 
readiness activities.
    For S-S GUNEX from a Navy ship, gun crews engage surface targets at 
sea with their main battery 5-inch and 76mm guns as well as smaller 
surface targets with 25mm, 0.50-caliber (cal), or 7.62mm machine guns, 
with the goal of disabling or destroying the threat target. For a 
surface-to-surface GUNEX from a Navy small boat, the weapon used is 
typically a 0.50 cal, 7.62-mm, or 40-mm machine gun.
    The number of rounds fired depends on the weapon used for S-S 
GUNEX. For 0.50-cal, 7.62-mm, or 40-mm ordnance, the number of rounds 
is approximately 200, 800, and 10 rounds, respectively. For the ship 
main battery guns, the gun crews typically fire approximately 60 rounds 
of 5-inch or 76-mm ordnance during one exercise. These activities may 
occur within the GoA TMAA.
    Air-to-Surface Gunnery Exercise (A-S GUNEX)--Strike fighter 
aircraft and helicopter crews, including embarked

[[Page 64517]]

Naval Special Warfare (NSW) personnel use guns to attack surface 
maritime targets, day or night, with the goal of destroying or 
disabling enemy ships, boats, or floating or near-surface mines. These 
training activities have the potential to disturb a marine mammal or 
marine mammal stock resulting in MMPA Level B harassment as defined for 
military readiness activities.
    For fixed-wing A-S GUNEX, a flight of two F/A-18 aircraft will 
begin a descent to the target from an altitude of about 3,000 ft (914 
m) while still several miles away. Within a distance of 4,000 ft (1,219 
m) from the target, each aircraft will fire a burst of about 30 rounds 
before reaching an altitude of 1,000 ft (305 m), then break off and 
reposition for another strafing run until each aircraft expends its 
exercise ordnance allowance of about 250 rounds from its 20mm cannon.
    For rotary-wing A-S GUNEX, a single helicopter will carry several 
air crewmen needing gunnery training and fly at an altitude between 50 
and 100 ft (15 to 30 m) in a 300-ft (91-m) racetrack pattern around an 
at-sea target. Each gunner will expend about 200 rounds of 0.50 cal and 
800 rounds of 7.62-mm ordnance in each exercise. The target is normally 
a noninstrumented floating object such as an expendable smoke float, 
steel drum, or cardboard box, but may be a remote-controlled speed boat 
or jet ski type target. The exercise lasts about 1 hour and occurs 
within the GoA TMAA.
    Air-to-Surface Missile Exercise (A-S MISSILEX)--An air-to-surface 
MISSILEX involves fixed-winged aircraft and helicopter crews launching 
missiles at surface maritime targets, day and night, with the goal of 
training to destroy or disable enemy ships or boats. These activities 
may occur within the TMAA; however, all missile launches would be 
simulated; therefore, MISSILEX activities are not likely to disturb a 
marine mammal or marine mammal stock resulting in MMPA Level B 
harassment as defined for military readiness activities.
    For helicopter A-S MISSILEX, one or two MH-60R/S helicopters 
approach and acquire an at-sea surface target, which is then designated 
with a laser to guide an AGM-114 Hellfire missile to the target. The 
laser designator may be onboard the helicopter firing the hellfire, 
another helicopter, or another source. The helicopter simulates 
launching a missile from an altitude of about 300 ft (91 m) against a 
specially prepared target with an expendable target area on a 
nonexpendable platform. The platform fitted with the expendable target 
could be a stationary barge, a remote-controlled speed boat, or a jet 
ski towing a trimaran whose infrared signature has been augmented with 
a heat source (charcoal or propane) to better represent a typical 
threat vessel. All missile firings would be simulated.
    For an air-to-surface MISSILEX fired from fixed-wing aircraft, the 
simulated missile used is typically an AGM-84 Standoff Land Attack 
Missile-Expanded Response (SLAM-ER), an AGM-84 Harpoon, or an AGM-65 
Maverick. A flight of one or two aircraft approach an at-sea surface 
target from an altitude between 40,000 ft (12,192 m) and 25,000 ft 
(7,620 m) for SLAM-ER or Harpoon, and between 25,000 ft (7,620 m) and 
5,000 ft (1,524 m) for Maverick, complete the internal targeting 
process, and simulate launching the weapon at the target from beyond 
150 nm (278 km) for SLAM-ER and from beyond 12 nm (22 km) for Maverick. 
The majority of unit level exercises involve the use of captive carry 
(inert, no release) training missiles; the aircraft perform all 
detection, tracking, and targeting requirements without actually 
releasing a missile. These activities may occur within the GoA TMAA and 
all missile launches would be simulated.
    Air-to-Surface Bombing Exercise (BOMBEX)--During an air-to-surface 
BOMBEX, maritime patrol aircraft (MPA) or F/A-18 deliver free-fall 
bombs against surface maritime targets, with the goal of destroying or 
disabling enemy ships or boats.
    A flight of one or two aircraft will approach the target from an 
altitude of 15,000 ft (4,570 m) to less than 3,000 ft (914 m) while 
adhering to designated ingress and egress routes. Typical bomb release 
altitude is below 3,000 ft (914 m) and within a range of 1,000 yards 
(yd) (914 m) for unguided munitions, and above 15,000 ft (4,572 m) and 
in excess of 10 nm (18 km) for precision-guided munitions. Exercises at 
night will normally be done with captive carry (no drop) weapons 
because of safety considerations. Laser designators from aircraft 
releasing ordnance or a support aircraft are used to illuminate 
certified targets for use with lasers when using laser guided weapons. 
Bombs used could include BDU-45 (inert) or MK-82/83/84 (live and 
inert). These activities may occur within the GoA TMAA and have the 
potential to disturb a marine mammal or marine mammal stock resulting 
in MMPA Level B harassment as defined for military readiness 
activities. In the near future, the Navy will be transitioning all 
carrier based MK-80 series bombs to BLU 110, 111, and 117 live and 
inert bombs. The difference is that the BLU-series bombs contain 
insensitive (less likely to accidently explode) high explosives, which 
make them safer for carrier-based operations. All other attributes 
would remain the same.
    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 has two 
components: An AN/SSQ-110A Sonobuoy, which generates a sound similar to 
a ``sonar ping'' using a small explosive; and a passive AN/SSQ-77 
Sonobuoy, which ``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 MAC system (described in the sonar source section) will 
eventually replace the EER/IEER system and was analyzed for this 
proposed rule.

Vessel Movement

    Many of the proposed activities within the GoA TMAA involve 
maneuvers by various types of surface ships, boats, and submarines 
(collectively referred to as vessels). According to the Navy's 
application, up to seven Navy vessels (six surface ships and one 
submarine) may be operating within the GoA TMAA. In addition, the 
Navy's DEIS stated that under the preferred alternative (Alternative 2) 
19 contracted support vessels may also be operating within the GoA 
TMAA. Within the maximum two summer exercises, the length of the 
exercise, the number of vessels, and the allotted at-sea time within 
the GoA TMAA during an exercise will be variable between years. These 
variations cannot be predicted given unknowns including the 
availability of participants for the

[[Page 64518]]

annual exercise(s), which is a direct result of factors such as Navy 
responses to real-world events (e.g., tactical deployments, disaster 
relief, humanitarian assistance, etc.), planned and unplanned 
deployments, vessel availability due to funding and maintenance cycles, 
and logistic concerns with conducting an exercise in the GoA.
    Vessel movements have the potential to affect marine mammals by 
directly striking or disturbing individual animals. The probability of 
vessel and marine mammal interactions occurring in the GoA TMAA is 
dependent on several factors including numbers, types, and speeds of 
vessels; the regularity, duration, and spatial extent of activities; 
the presence/absence and density of marine mammals; and protective 
measures implemented by the Navy. During training activities, speeds 
vary and depend on the specific training activity. In general, Navy 
vessels move in a coordinated manner, but can be separated by many 
miles in distance. These activities are widely dispersed throughout the 
GoA TMAA, which is a vast area encompassing 42,146 nm\2\ (145,458 
km\2\). Consequently, the density of Navy vessels within the GoA TMAA 
at any given time is extremely low.
    Additional information on the Navy's proposed activities may be 
found in the LOA Application and the Navy's GoA TMAA DEIS.

Description of Marine Mammals in the Area of the Specified Activities

    Twenty-six marine mammal species or populations/stocks have 
confirmed or possible occurrence within or adjacent to the GoA, 
including seven species of baleen whales (mysticetes), 13 species of 
toothed whales (odontocetes), five species of seals (pinnipeds), and 
the sea otter (mustelid). Nine of these species are ESA-listed and 
considered depleted under the MMPA: Blue whale, fin whale, humpback 
whale, sei whale, sperm whale, North Pacific right whale, Cook Inlet 
beluga whale, Steller sea lion, and sea otter. Table 4 summarizes their 
abundance, Endangered Species Act (ESA) status, occurrence, density, 
and likely occurrence in the TMAA during the April to October 
timeframe. The sea otter 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

    Cook Inlet Beluga Whale--The likelihood of a Cook Inlet beluga 
whale (Delphinapterus leucas) occurring in the TMAA is extremely low. 
Only 28 sightings of beluga whales in the GoA have been reported from 
1936 to 2000 (Laidre et al., 2000). The nearest beluga whales to the 
TMAA are in Cook Inlet with a 2008 abundance estimate of 375 whales in 
the Cook Inlet stock (NMFS 2008). In October 2008, the Cook Inlet 
beluga whale distinct population segment was listed as endangered under 
the ESA (73 FR 62919, October 22, 2008). Prior to listing, the 
population had been designated as depleted under the MMPA (NMFS, 2008). 
Cook Inlet is approximately 70 nm (129.6 km) from the nearest edge of 
the TMAA and the Cook Inlet beluga whales do not leave the waters of 
Cook Inlet (NMFS, 2007, 2008). Based on this information, it is highly 
unlikely for a Cook Inlet beluga whale to be present in the action 
area. Consequently, this distinct population segment will not be 
considered in the remainder of this analysis.
    False Killer Whale--The likelihood of a false killer whale 
(Pseudorca crassidens) being present in the TMAA is extremely low. 
False killer whales are found in tropical and temperate waters, 
generally between 50[deg] S and 50[deg] N latitude (Baird et al., 1989; 
Odell and McClune, 1999). The southernmost point boundary of the TMAA 
is well north of 55[deg] N latitude. There have been records of false 
killer whale sightings as far north as the Aleutian Islands and Prince 
William Sound in the past (Leatherwood et al., 1988). In addition, a 
false killer whale was sighted in May 2003 near Juneau, but this was 
considered to be far north of its normal range (DoN, 2006). There are 
no abundance estimates available for this

[[Page 64520]]

species in the NMFS stock assessment report for this area of the 
Pacific. In summary, false killer whales are considered extralimital to 
the TMAA and will not be considered further in this analysis.
    Northern Right Whale Dolphin--The likelihood of a northern right 
whale dolphin (Lissodelphis borealis) occurring in the TMAA is 
extremely low. This species occurs in North Pacific oceanic waters and 
along the outer continental shelf and slope in cool temperate waters 
colder than 20[deg] C. This species is distributed approximately from 
30[deg] N to 55[deg] N and 145[deg] W to 118[deg] E (both south and 
east of the TMAA). There are two records of northern right whale 
dolphins in the GoA (one just south of Kodiak Island), but these are 
considered extremely rare (DoN, 2006). There are no abundance estimates 
for this species in the NMFS stock assessment report for this area of 
the Pacific. Given the extremely low likelihood of this species 
occurrence in the action area, the northern right whale dolphin will 
not be considered further in this analysis.
    Risso's Dolphin--The likelihood of Risso's dolphin (Grampus 
griseus) occurring in the action area is extremely low. The Risso's 
dolphin is distributed worldwide in tropical to warm-temperate waters, 
roughly between 60[deg] N and 60[deg] S, where surface water 
temperature is usually greater than 10[deg] C (Kruse et al., 1999). The 
average sea surface temperature for the GoA is reported to be 
approximately 9.6[deg] C and has undergone a warming trend since 1957 
(Aquarone and Adams, 2008). The average summer temperature within the 
upper 328 ft (100 m) of the TMAA is approximately 11[deg] C based on 
data as presented in the modeling analysis undertaken by the Navy. In 
the eastern Pacific, Risso's dolphins range from the GoA to Chile 
(Leatherwood et al., 1980; Reimchen, 1980; Braham, 1983; Olavarria et 
al., 2001). Water temperature appears to be a factor that affects the 
distribution of Risso's dolphins in the Pacific (Leatherwood et al., 
1980; Kruse et al., 1999). Risso's dolphins are expected to be 
extralimital in the TMAA. They prefer tropical to warm temperate waters 
and have seldom been sighted in the cold waters of the GoA. Records of 
Risso's dolphins near the TMAA include sightings near Chirikof Island 
(southwest of Kodiak Island) and offshore in the GoA, just south of the 
TMAA boundary (Consiglieri et al., 1980; Braham, 1983). Given the 
extremely low likelihood of this species occurrence in the action area, 
the Risso's dolphin will not be considered further in this analysis.
    Short-Finned Pilot Whale--Short-finned pilot whales (Globicephala 
macrohynchus) are not expected to occur in the GoA TMAA. This species 
is found in tropical to warm temperate seas, generally in deep offshore 
areas, and they do not usually range north of 50[deg] N (DoN, 2006). 
There are two records of this species in Alaskan waters. In 1937, a 
short-finned pilot whale was taken near Katanak on the Alaska Peninsula 
and a group of five short-finned pilot whales were sighted just 
southeast of Kodiak Island in May 1977 (DoN, 2006). There are no 
abundance estimates available for this species in the NMFS stock 
assessment report for this area of the Pacific. Given the extremely low 
likelihood of this species' occurrence in the action area, the short-
finned pilot whale will not be considered further in this analysis.
    The Navy has compiled information on the abundance, behavior, 
status and distribution, and vocalizations of marine mammal species in 
the GoA TMAA 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 designated 
stocks of marine mammals in the waters surroundin