Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Marine Corps Training Exercises at Cherry Point Range Complex, North Carolina, 27389-27393 [2021-10683]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Notices]
[Pages 27389-27393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10683]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB095]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to U.S. Marine Corps Training 
Exercises at Cherry Point Range Complex, North Carolina

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

ACTION: Notice; issuance of Renewal incidental harassment 
authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given

[[Page 27390]]

that NMFS has issued a Renewal incidental harassment authorization 
(IHA) to the U.S. Marine Corps (USMC) to incidentally harass marine 
mammals incidental to training exercises at Marine Corps Air Station 
(MCAS) Cherry Point Range Complex, North Carolina.

DATES: This Renewal IHA is valid from May 18, 2021, through May 17, 
2022.

FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401.
    Electronic copies of the original application, Renewal request, and 
supporting documents (including NMFS Federal Register notices of the 
original proposed and final authorizations, and the previous IHA), as 
well as a list of the references cited in this document, may be 
obtained online at: www.fisheries.noaa.gov/action/incidental-take-authorization-us-marine-corps-training-activities-cherry-point-range-complex. In case of problems accessing these documents, please call the 
contact listed above.

SUPPLEMENTARY INFORMATION:

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to 
allow, upon request, the incidental, but not intentional, taking of 
small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and either regulations 
are issued or, if the taking is limited to harassment, a notice of a 
proposed incidental take authorization is provided to the public for 
review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). Monitoring and reporting of such takings are also 
required. The meaning of key terms such as ``take,'' ``harassment,'' 
and ``negligible impact'' can be found in section 3 of the MMPA (16 
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
    The NDAA (Pub. L. 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations indicated above and 
amended the definition of ``harassment'' as it applies to a ``military 
readiness activity.'' The activity for which incidental take of marine 
mammals is being requested addressed here qualifies as a military 
readiness activity.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed 1 year for each reauthorization. In the notice of proposed IHA 
for the initial authorization, NMFS described the circumstances under 
which we would consider issuing a Renewal for this activity, and 
requested public comment on a potential Renewal under those 
circumstances. Specifically, on a case-by-case basis, NMFS may issue a 
one-time, 1 year Renewal IHA following notice to the public providing 
an additional 15 days for public comments when (1) up to another year 
of identical, or nearly identical, activities as described in the 
Description of the Specified Activities and Anticipated Impacts section 
of this notice is planned or (2) the activities as described in the 
Description of the Specified Activities and Anticipated Impacts section 
of this notice would not be completed by the time the IHA expires and a 
Renewal would allow for completion of the activities beyond that 
described in the Dates and Duration section of the proposed IHA for the 
initial IHA, provided all of the following conditions are met:
     A request for renewal is received no later than 60 days 
prior to the needed Renewal IHA effective date (recognizing that the 
Renewal IHA expiration date cannot extend beyond 1 year from expiration 
of the initial IHA).
     The request for renewal must include the following:
    (1) An explanation that the activities to be conducted under the 
requested Renewal IHA are identical to the activities analyzed under 
the initial IHA, are a subset of the activities, or include changes so 
minor (e.g., reduction in pile size) that the changes do not affect the 
previous analyses, mitigation and monitoring requirements, or take 
estimates (with the exception of reducing the type or amount of take).
    (2) A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
    Upon review of the request for Renewal, the status of the affected 
species or stocks, and any other pertinent information, NMFS determines 
that there are no more than minor changes in the activities, the 
mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed Renewal. A description of the Renewal process 
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any 
comments received on the potential Renewal, along with relevant 
comments on the initial IHA, have been considered in the development of 
this proposed IHA Renewal, and a summary of agency responses to 
applicable comments is included in this notice. NMFS will consider any 
additional public comments prior to making any final decision on the 
issuance of the requested Renewal, and agency responses will be 
summarized in the final notice of our decision.

History of Request

    On September 28, 2019, NMFS received a request from the USMC for an 
IHA to take marine mammals incidental to training exercises conducted 
at MCAS Cherry Point Range Complex in North Carolina. Following NMFS' 
review of the request, USMC submitted a revised application that was 
deemed adequate and complete on January 22, 2020. The USMC's request is 
for authorization of take of bottlenose dolphin (Tursiops truncatus) by 
Level A and Level B harassment. We published a notice of a proposed IHA 
and request for comments on March 16, 2020 (85 FR 14886) and 
subsequently published the final notice of our issuance of the IHA on 
May 26, 2020 (85 FR 31462), effective from May 18, 2020, through May 
17, 2021. On August 3, 2020, NMFS received a request from USMC 
requesting a 7-year Letter of Authorization for take of bottlenose 
dolphin incidental to the same training operations at the MCAS Cherry 
Point Range Complex. NMFS determined that request to be adequate and 
complete on September 10, 2020, and published a notice of receipt of 
the request on October 6, 2020. As NMFS is unable to

[[Page 27391]]

reach a decision regarding the requested Letter of Authorization prior 
to expiration of the current IHA, USMC requested a Renewal IHA.
    On March 16, 2021, NMFS received an application for the Renewal of 
the initial IHA. As described in the request for the Renewal IHA, the 
activities for which incidental take is requested are identical to 
those covered in the initial authorization. In order to consider an IHA 
Renewal, NMFS requires the applicant to provide a preliminary 
monitoring report which confirms that the applicant has implemented the 
required mitigation and monitoring, and which also shows that no 
impacts of a scale or nature not previously analyzed or authorized have 
occurred as a result of the activities conducted. NMFS has reviewed 
USMC's preliminary monitoring report (available online at: 
www.fisheries.noaa.gov/action/incidental-take-authorization-us-marine-corps-training-activities-cherry-point-range-complex) and has 
determined that USMC's activities (including mitigation, monitoring, 
and reporting), estimated incidental take, and anticipated impacts on 
the affected stocks are the same as those analyzed and authorized 
through the initial IHA. This IHA Renewal is valid for a period of 1 
year, from May 18, 2021, through May 17, 2022.

Description of the Specified Activities and Anticipated Impacts

    USMC plans to continue conducting training operations at the MCAS 
Cherry Point Range Complex. The training operations involve the use of 
live (explosive) and inert (non-explosive) ordnance and small boat 
maneuvers. These activities occur at the in-water bombing targets Brant 
Island (BT-9) and Rattan Bay (BT-11) located in Pamlico Sound, North 
Carolina.
    The anticipated impacts are identical to those described in the 
initial IHA. NMFS anticipates the take of the same species of marine 
mammal (bottlenose dolphin) by Level A and Level B harassment 
incidental to underwater noise resulting from explosive detonations 
associated with the training activities.
    The following documents are referenced in this notice and include 
important supporting information:
     Initial final IHA (85 FR 31462; May 26, 2020);
     Initial proposed IHA (85 FR 14886; March 16, 2020); and
     2020 IHA application, references cited, and previous 
public comments received (available at www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities).
    A detailed description of the training activities for which 
authorization of take was requested may be found in the Federal 
Register notice of proposed IHA for the 2020 authorization (85 FR 
14886; March 16, 2020). The location, timing (e.g., seasonality), and 
nature of the training activities, including the types and amounts of 
munitions planned for use under this Renewal IHA, are identical to 
those analyzed in the initial IHA.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take was requested, including information on 
abundance, status, distribution, and hearing, may be found in the 
Federal Register notice for the proposed IHA for the initial 
authorization (85 FR 14886; March 16, 2020). NMFS has reviewed recent 
draft Stock Assessment Reports, information on relevant Unusual 
Mortality Events, and other scientific literature, as well as USMC's 
preliminary monitoring report. NMFS has determined that there is no new 
information affecting which species or stocks have the potential to be 
affected or the pertinent information in the Description of the Marine 
Mammals in the Area of Specified Activities contained in the supporting 
documents for the initial IHA.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which take was 
requested may be found in the Federal Register notice for the proposed 
initial IHA (85 FR 14886; March 16, 2020). NMFS has reviewed recent 
draft Stock Assessment Reports, information on relevant Unusual 
Mortality Events, and other scientific literature, as well as USMC's 
preliminary monitoring report, and determined that that there is no new 
information affecting our analysis of impacts on marine mammals and 
their habitat.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the Federal Register 
notice for the proposed and final initial IHAs (85 FR 14886; March 16, 
2020 and 85 FR 31462; May 26, 2020). The information informing the take 
estimates remains applicable to this authorization, and is unchanged 
from the previously issued IHA. The stocks taken, methods of take, and 
types of take remain unchanged from the previously issued IHA, as do 
the number of takes, which are indicated below in Table 1. As before, 
no serious injury or mortality is anticipated to result from USMC's 
training activity. We assume for purposes of analysis here that all 
takes could accrue to any of the three potentially affected stocks of 
bottlenose dolphin (the only species for which take is expected).

                   Table 1--Estimated Take Authorized
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                                              Level B         Level A
                 Species                    harassment      harassment
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Bottlenose dolphin......................            102               2
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Description of Mitigation, Monitoring and Reporting Measures

    The required mitigation, monitoring, and reporting measures 
included as requirements in this authorization are identical to those 
included in the Federal Register notice announcing the issuance of the 
initial IHA (85 FR 31462; May 26, 2020), and the discussion of the 
least practicable adverse impact included in that document remains 
accurate. All mitigation, monitoring and reporting measures in the 
initial IHA are carried over to this Renewal IHA and summarized here:
Mitigation Requirements
    Visual Monitoring--Range operators conduct or direct visual surveys 
to monitor the target areas for protected species before and after each 
exercise. Range operation and control personnel monitor the target area 
through two tower-mounted safety and surveillance cameras. In addition, 
when small boats are part of planned exercises and already on range, 
visual checks by boat crew will be performed.
    The remotely operated range cameras (surveillance cameras) are 
high-resolution cameras that allow viewers to see animals at the 
surface and breaking the surface (though not underwater). The camera 
system has night vision (infrared) capabilities. Lenses on the camera 
system have a focal length of 40 mm to 2200 mm (56x), with view angles 
of 18 degrees 10' and 13 degrees 41' respectively. The field of view 
when zoomed in on the Rattan Bay targets will be 23 ft wide by 17 ft 
high, and on the mouth of Rattan Bay itself 87 ft wide by 66 ft high. 
Observers using the cameras are able to clearly identify ducks floating 
on waters near the target.
    In the event that a marine mammal is sighted within 914 m (3,000 
ft) of the BT-9 target area, personnel will declare

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the area as fouled and cease training exercises. Personnel will 
commence operations in BT-9 only after the animal has moved 914 m 
(3,000 ft) away from the target area.
    For BT-11, in the event that a marine mammal is sighted anywhere 
within the confines of Rattan Bay, personnel will declare the water-
based targets within Rattan Bay as fouled and cease training exercises. 
Personnel will commence operations in BT-11 only after the animal has 
moved out of Rattan Bay.
    Range Sweeps--MCAS Cherry Point contracts range sweeps with 
commercial support aircraft prior to the commencement of range 
operations. The pilot and aircrew are trained in spotting objects in 
the water. The primary goal of the pre-exercise sweep is to ensure that 
the target area is clear of unauthorized vessels or persons and 
protected species. Range sweeps will not occur on weekend mornings.
    The sweeps are flown at 100 to 300 ft (30-90 m) above the water 
surface, at airspeeds between 60 to 100 knots (69 to 115 miles per hour 
(mph)). The crew communicates directly with range personnel and can 
provide immediate notification to range operators of a fouled target 
area due to the presence of protected species.
    Aircraft Cold Pass--Standard operating procedures for waterborne 
targets require the pilot to perform a visual check prior to ordnance 
delivery to ensure the target area is clear of unauthorized civilian 
boats and personnel, and protected species. This is referred to as a 
``cold'' or clearing pass. Pilots requesting entry onto the BT-9 and 
BT-11 airspace must perform a low-altitude, cold first pass (a pass 
without any release of ordnance) immediately prior to ordnance delivery 
at the bombing targets both day and night.
    Pilots will conduct the cold pass with the aircraft (helicopter or 
fixed-winged) flying straight and level at altitudes of 61 to 914 m 
(200 to 3,000 ft) over the target area. The viewing angle is 
approximately 15 degrees. A blind spot exists to the immediate rear of 
the aircraft. Based upon prevailing visibility, a pilot can see more 
than one mile forward upon approach. If marine mammals are not present 
in the target area, the Range Controller may grant ordnance delivery as 
conditions warrant.
    Delay of Exercises--The USMC will consider an active range as 
fouled and not available for use if a marine mammal is present within 
914 m (3,000 ft) of the target area at BT-9 or anywhere within Rattan 
Bay (BT-11). Therefore, if USMC personnel observe a marine mammal 
within 914 m (3,000 ft) of the target at BT-9 or anywhere within Rattan 
Bay at BT-11 during the cold pass or from range camera detection, they 
will delay training until the marine mammal moves beyond and on a path 
away from 914 m (3,000 ft) from the BT-9 target or moved out of Rattan 
Bay at BT-11. This mitigation applies to air-to-surface and surface-to-
surface exercises day or night.
    Approximately 15 percent of training activities take place during 
nighttime hours. During these training events, monitoring procedures 
mirror day time operations as range operators first visually search the 
target area with the high-resolution camera. Pilots will then conduct a 
low-altitude first cold pass and utilize night vision capabilities to 
visually check the target area for any surfacing mammals.
    Vessel Operation--All vessels used during training operations will 
abide by NMFS' Southeast Regional Viewing Guidelines designed to 
prevent harassment to marine mammals.
    Stranding Network Coordination--The USMC will coordinate with the 
local NMFS Stranding Coordinator to discuss any unusual marine mammal 
behavior and any stranding, beached live/dead, or floating marine 
mammals that may occur at any time during training activities or within 
24 hours after completion of training.
Monitoring Requirements
    Protected Species Observer Training--Operators of small boats, and 
other personnel monitoring for marine mammals from watercraft shall be 
required to take the U.S. Navy's Marine Species Awareness Training. 
Pilots conducting range sweeps shall be instructed on marine mammal 
observation techniques during routine Range Management Department 
briefings. This training would make personnel knowledgeable of marine 
mammals, protected species, and visual cues related to the presence of 
marine mammals and protected species.
    Pre- and Post-Exercise Monitoring--The USMC will conduct pre-
exercise monitoring the morning of an exercise and post-exercise 
monitoring the morning following an exercise, unless an exercise occurs 
on a Friday, in which case the post-exercise sweep would take place the 
following Monday. If the crew sights marine mammals during a range 
sweep, they would collect sighting data and immediately provide the 
information to range personnel who would take appropriate management 
action. Range staff would relay the sighting information to training 
Commanders scheduled on the range after the observation. Range 
personnel will enter the data into the USMC sighting database. Sighting 
data includes the following (collected to the best of the observer's 
ability): (1) Location (either an approximate location or latitude and 
longitude); (2) the platform that sighted the animal; (3) date and time 
and whether the sighting was during day or night; (4) how the animal 
was detected (e.g., range cameras, acoustic monitoring, vessel, 
aircraft); (5) species; (6) number of animals; (7) the animals' 
direction of travel and/or behavior; and (8) weather.
Reporting Requirements
    The USMC will submit a report to NMFS no later than 90 days 
following expiration of this IHA. This report must summarize the type 
and amount of training exercises conducted, all marine mammal 
observations made during monitoring, and if mitigation measures were 
implemented. The report will also address the effectiveness of the 
monitoring plan in detecting marine mammals.

Public Comments

    A notice of NMFS' proposal to issue a Renewal IHA to USMC was 
published in the Federal Register on April 22, 2021 (86 FR 21284). That 
notice either described, or referenced descriptions of, the applicant's 
activity, the marine mammal species that may be affected by the 
activity, the anticipated effects on marine mammals and their habitat, 
estimated amount and manner of take, and proposed mitigation, 
monitoring, and reporting measures. NMFS did not receive any comments.

Determinations

    The activities planned by USMC are identical to those analyzed in 
the initial IHA, as are the method of taking and the effects of the 
action. The potential effects of USMC's activities are limited to Level 
A and Level B harassment in the form of auditory injury, temporary 
threshold shift, and behavioral disturbance. In analyzing the effects 
of the activities in the initial IHA, NMFS determined that USMC's 
activities would have a negligible impact on the affected species or 
stocks. The mitigation measures and monitoring and reporting 
requirements as described above are identical to the initial IHA.
    NMFS has concluded that there is no new information suggesting that 
our analysis or findings should change from those reached for the 
initial IHA. Based on the information and analysis contained here and 
in the referenced documents, NMFS has determined the following: (1) The 
required mitigation

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measures will effect the least practicable impact on marine mammal 
species or stocks and their habitat; (2) the authorized takes will have 
a negligible impact on the affected marine mammal species or stocks; 
(3) USMC's activities will not have an unmitigable adverse impact on 
taking for subsistence purposes as no relevant subsistence uses of 
marine mammals are implicated by this action, and; (4) appropriate 
monitoring and reporting requirements are included.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. No incidental take of ESA-listed marine mammal 
species is expected to result from this activity, and none would be 
authorized. Therefore, NMFS has determined that consultation under 
section 7 of the ESA is not required for this action.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, we 
must review our proposed action (i.e., the issuance of an incidental 
harassment authorization) with respect to potential impacts on the 
human environment. In 2015, NMFS developed an Environmental Assessment 
(EA) evaluating the impacts of authorizing take of marine mammals 
incidental to the USMC's training activities at MCAS Cherry Point. 
Following review of this analysis, NMFS determined that the activity 
would not have a significant effect on the quality of the human 
environment and issued a Finding of No Significant Impact (FONSI).
    NMFS has determined that there are no substantive changes to the 
evaluated action or new environmental impacts; and, therefore, the 
previous NEPA analysis remains valid. The 2015 EA and FONSI are posted 
online at www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities.

Renewal

    NMFS has issued a Renewal IHA to USMC for the take of marine 
mammals incidental to training exercises at Marine Corps Air Station 
(MCAS) Cherry Point Range Complex, North Carolina, for a period of 1 
year.

    Dated: May 14, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-10683 Filed 5-19-21; 8:45 am]
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