[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Notices]
[Pages 54676-54679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27393]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 092498A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Explosives Testing at Eglin Air Force Base, FL

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

ACTION: Notice of receipt of application and proposed authorization for 
a small take exemption; request for comments.

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SUMMARY: NMFS has received a request from the U.S. Air Force to take, 
by harassment and non-serious injury, bottlenose dolphins, spotted 
dolphin, and possibly other cetacean species incidental to explosive 
testing of obstacle and mine clearance systems at Eglin Air Force Base 
(Eglin). Under the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to authorize these takings for a 
period not to exceed 1 year.
DATES: Comments and information must be received no later than November 
12, 1998.

ADDRESSES: Comments on this application should be addressed to Michael 
Payne, Chief, Marine Mammal Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910. A copy of the 
application and draft environmental assessments (EAs) may be obtained 
by writing to this address or by telephoning the contact listed here.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead 301-713-2055, or 
David Bernhart, 727-570-5312.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional, taking of marine mammals by U.S. citizens who engage 
in a specified activity (other than commercial fishing) within a 
specified geographical region if certain findings are made and 
regulations are issued.
    Permission may 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 subsistence uses and that the permissible methods of 
taking and requirements pertaining to the 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.''
    Subsection 101(a)(5)(D) of the MMPA established an expedited 
process by which U.S. citizens can apply for an authorization to 
incidentally take small numbers of marine mammals by harassment for a 
period of up to 1 year. The MMPA defines ``harassment'' as:

     any act of pursuit, torment, or annoyance which (a) has the 
potential to injure a marine mammal or marine mammal stock in the

[[Page 54677]]

wild; or (b) has the potential to disturb a marine mammal or marine 
mammal stock in the wild by causing disruption of behavioral 
patterns, including, but not limited to, migration, breathing, 
nursing, breeding, feeding, or sheltering.

    Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS 
review of an application followed by a 30-day public notice and a 
comment period on any proposed authorizations for the incidental 
harassment of small numbers of marine mammals. Within 45 days of the 
close of the comment period, NMFS must either issue or deny issuance of 
the authorization.

Summary of Request

    On July 20, 1998, NMFS received a complete application from the Air 
Force Development Test Center, Department of the Air Force, Eglin. The 
Air Force, in cooperation with the Naval Surface Warfare Center-Coastal 
Systems Station (NSWC-CSS), U.S. Navy, is requesting an authorization 
to take, by harassment and non-serious injury, bottlenose dolphins 
(Tursiops truncatus), spotted dolphins (Stenella plagiodon), and 
possibly other cetacean species incidental to explosive testing of 
obstacle and mine clearance systems at Eglin. Eglin is located in the 
Florida Panhandle approximately midway between the cities of Pensacola 
and Panama City, FL. The location of the proposed action is on the 
beach areas on Santa Rosa Island (SRI), approximately 27 kilometers 
(km)(17 miles (mi)) west of Destin, FL.
    The Navy's current capability to clear obstacles and mines in the 
surf zone is limited to the hand placement of explosive charges by Navy 
combat swimmers. The effectiveness of this capability is limited by the 
ability of swimmers to locate submerged targets and to carry sufficient 
explosives to destroy the targets. Such operations are considered 
highly hazardous, and the reliability of obstacle removal is considered 
to be poor. To facilitate U.S. Marine amphibious assaults, the U.S. 
Navy is committed to developing and testing methods to safely and 
effectively clear a path through such obstacles.
    NWSC-CSS has requested permission from Eglin to test four anti-mine 
systems in the shallow surf zone along U.S. Air Force-controlled lands 
of SRI. The four test systems are the Shallow Water Assault Breaching 
(SABRE) system, the Distributed Explosive Technology (DET) system, the 
MK-82 general purpose bombs (GPBs), and the MK-5 Mine Clearance System 
(MCS).
    The proposed action is to perform up to a total of 10 underwater 
detonation tests (2 tests using the SABRE system and up to 8 tests 
using the DET array); and a series of tests of explosive systems at 
Eglin.
    In order to avoid impacting the endangered West Indian manatee 
(Trichiechus manatus)(which is more commonly found south of the region 
and during warmer months) and sea turtles, tests will be conducted in 
the fall and winter 1998/99.  While a brief description of the four 
systems proposed for testing are described here, more detailed 
descriptions of the activity and the expected impact can be found in 
the application and in the two EAs on the activities. These documents 
are available upon request (see ADDRESSES).

SABRE System

    An operational full-length SABRE-line charge consists of 130 10-
pound (lb)(4.5 kg) net explosive weight (N.E.W.) charges on 3-ft (0.9 
m) centers which is deployed from a Landing Craft Air-Cushion (LCAC) by 
an MK-22 Mod 4 rocket motor. Each charge consists of approximately 9.6 
lb (4.3 kg) of PBXN-103 explosive and a W-11 booster, weighing 
approximately 0.4 lb (0.2 kg). A detonating cord runs through the 
centers of the booster and main charge.
    For the two proposed tests, a total of 22 and 23 SABRE charges will 
be hand-laid on the sea bottom, perpendicular to the beach in 3 ft (.91 
m) and 10 ft (3.0 m) of water, respectively. For both tests, the 
detonation sequence will be from the offshore end toward the beach. For 
these events, 27 to 31 inert mines will be placed perpendicular to the 
line charge and parallel to the shoreline. Total NE.W. of the SABRE 
tests will be 221 lbs (100.2 kg) and 232 lbs (105.2 kg), respectively.

DET System

    An operational, full-size DET array consists of parallel lines of 
detonating cord, whose overall footprint is 180 by 180 ft (54.9 m by 
54.9 m). The array is packed in a container and launched from an LCAC 
by two MK-22 Mod 4 rocket motors for expansion and subsequent 
deployment.
    Full-scale systems are not required for these tests. Previous tests 
have shown that partial-length SABRE segments and partial-size DET 
arrays are adequate for evaluations. The data acquired from small-scale 
tests can be scaled up in order to make predictions for military 
applications. Thus, for the DET system, the Navy is proposing to use an 
11-ft by 60-ft (3.3 m by 18.3 m) DET array in 3 ft (0.9 m) of water. 
There will be eight separate DET events, spanning several days, with 
two to three arrays tested per day. The NE.W. of each array is 42 lbs 
(19 kg), with arrays being detonated at the seaward end. Each array 
will be placed above a maximum of four live mines consisting of either 
22 or 26.4 lbs (10 or 12 kg) of explosive. Depending upon the mine 
type, total NE.W. of each test therefore would be up to either 130 lbs 
(59 kg) or 147.6 lbs (67 kg). DET events will be hand-deployed from a 
boat and exploded electronically by trained personnel.

MK-82 GPBs

    The proposed action is an evaluation of the MK-82 GPBs to clear 
anti-invasion beach obstacles and mines in the surf zone. The MK-82 
GPBs to be tested consist of seven GPBs, each containing 192 lbs (87.1 
kg) of explosive for a total NE.W. of 1,344 lbs (610 kg). The 
configuration for testing will be a linear arrangement of seven bombs 
spaced 24 ft (7.3 m) apart, located parallel to the shoreline in 6 ft 
(1.8 m) of water.
    Two separate deployments and firings are required to test this 
configuration. All MK-82s will be buried vertically to approximately 
one-half length (about 3 ft (0.9 m) by jetting. The MK-82s will be 
detonated using approximately 1/4 block of C-4 explosive paced into the 
aft fuse well. The MK-82s will be detonated simultaneously in 6 ft (1.8 
m) of water using remote detonators to detonate the C-4. Beach 
obstacles (log posts, concrete cubes, and steel hedgehogs) and inert 
mines will be placed around the bombs to serve as targets for bomb 
fragments and blast.

MK-5 MCS

    The MK-5 MCS consists of a 350-ft (106.7 m) continuous length 
charge of composition C-4 explosive (with a distribution of 5 lb (2.3 
kg) per linear foot and a pair of detonating cords (totaling 11 lbs (5 
kg). Total NE.W. of the system is 1,750 lbs (794 kg). The MK-5 MCS 
would be deployed in the surf zone about 550 ft (167.6 m) from shore by 
an LCAC. Once fully deployed, it will then be detonated. Testing will 
take place over a 3-day period. On the first day, there will be inert 
firings of four MK5 systems. The second day will consist of one inert 
firing and one live firing of a MK5 system. The third day will consist 
of three separate live firings.

Description of Habitat and Marine Mammals Affected by the Activity

    A description of the project area ecosystem in the eastern Gulf of 
Mexico (GOM) can be found in the application and in the associated 
draft EAs and need not be repeated here.

[[Page 54678]]

Marine Mammals

    Although approximately 27 species of marine mammals (whales, 
dolphins and porpoises) reside in or pass through the northeastern GOM, 
the only species of marine mammals that are likely to be impacted by 
the activities proposed for the shallow coastal waters off SRI are the 
bottlenose dolphin (Tursiops truncatus) and the Atlantic spotted 
dolphin (Stenella frontalis). Information on these two species may be 
found in the application and in the supporting EAs for these projects. 
Additional information on these and other species of marine mammals in 
the GOM can be found in Blaylock et al. (1995) and Waring et al. 
(1997). Please refer to those documents for information on the biology, 
distribution, and abundance of these species.

Potential Effects of Explosives on Marine Mammals

     Potential impacts to those marine mammal species known to occur in 
the SRI area from explosives include both lethal and non-lethal injury, 
as well as incidental harassment. The pressure wave from the explosive 
can impact air cavities, such as lungs and intestines. Extensive 
hemorrhaging into the lungs due to underwater shock waves may cause 
death to a marine mammal through suffocation (Hill, 1978). Other common 
injuries which may result in mortality include circulatory failure, 
broncho-pneumonia in damaged lungs, or peritonitis resulting from 
perforations of the intestinal wall (Hill, 1978). Because impulse 
levels sufficient to cause lethal injury increase with increased mammal 
mass (Yelverton et al., 1973), conservative criteria are based on the 
lowest possible affected mammalian weight (e.g., an infant dolphin). 
Extensive lung hemorrhage is an injury which would be debilitating, and 
not all animals would be expected to survive (1 percent mortality is 
predicted at the onset level). As the severity of extensive lung 
hemorrhage increases beyond the onset level, gastro-intestinal tract 
injuries can increase significantly. The expected mortality level 
associated with these combined severe injuries would be significantly 
higher than 1 percent (U.S. Navy, 1998).
    Non-lethal injuries involve slight lung hemorrhage and tympanic 
membrane (TM) rupture from which the mammal is expected to recover 
(Yelverton et al., 1973; Richmond et al., 1973). Eardrum damage 
criteria are based upon a limited number of small charge tests 
(Yelverton et al., 1973; Richmond et al., 1973). Ranges for percent TM 
rupture incurred by underwater explosives can be calculated by a 
conservative TM damage model (U.S. Navy, 1996). General criteria for TM 
damage has been reported to occur at impulse levels down to 20 psi-msec 
(Yelverton et al., 1973).
    Because eardrum (e.g., TM) rupture, rather than slight lung 
hemorrhage, usually occurs at lower impulse levels, TM rupture is used 
by NMFS and others to conservatively define the non-lethal injury zone. 
A maximum impulse of 10 psi-msec is often considered to define the non-
lethal injury zone, where a very low incidence of blast injuries are 
likely to occur (Yelverton et al., 1973). A level of pressure impulse 
at which marine mammals are not expected to experience non-lethal 
injury (nor instantaneous mortality or lethal injury) is reported to be 
5 psi-msec (Yelverton et al., 1973). This is the impulse level adopted 
by the Air Force to designate no injurious takings by this activity.
    In addition to lethal, serious, and non-serious injury, harassment 
of marine mammals may occur as a result of non-injurious physiological 
responses to an explosion-generated shockwave and its acoustic 
signature. Based upon information provided in the SEAWOLF shock trial 
final environmental impact statement (U.S. Navy, 1998), a dual 
criterion for marine mammal acoustic harassment has been developed for 
explosive-generated signals: (1) an energy-based temporary threshold 
shift(TTS) injury criterion of 182 dB re 1 uPa2 -sec derived 
from experiments with bottlenose dolphins (Ridgway et al., 1997), and 
(2) a 12 lbs/in2 (psi) peak pressure cited by Ketten (1995) 
as associated with a ``safe outer limit (for the 10,000 lb charge for 
minimal, recoverable auditory trauma'' (i.e., TTS)). For this activity, 
noise levels that fall between the 5 psi-msec and out to a transmission 
distance where a noise level of 180 dB re 1 uPa2 -sec (Air 
Force, 1998) will be considered to fall within the incidental 
harassment zone.
    The potential impact to Atlantic bottlenose dolphins and the 
Atlantic spotted dolphins, the two species that may potentially be 
affected, was evaluated using modeling on the effects of underwater 
explosions resulting from each of the test systems described previously 
(see application). Based upon data provided in Tables 5.2 and 5.3 in 
the application, the maximum number of Atlantic bottlenose dolphins 
potentially injured from all tests ranges from 4 to 13. The maximum 
number of Atlantic spotted dolphins potentially injured from all tests 
combined is less than 1. These are the maximum injury levels without 
implementation of mitigation.
    The estimated total numbers of bottlenose dolphins and spotted 
dolphins potentially exposed to takes by harassment are 33 and 1, 
respectively. The total number of bottlenose dolphins potentially 
exposed to noise from the source of the noise to 180 dB re 1 
uPa2 -sec ranges from 4 to 15 for the MK-82 GPB tests, 1 to 
3 for the MK5 MCS tests, 1 to 2 for the combined SABRE tests, and 4 to 
13 for all DET array tests combined. However, mitigation is expected to 
obviate any injury to marine mammals.

Mitigation

    There are two forms of mitigation: (1) natural, as provided by the 
environment and (2) human, designed to protect marine mammals to the 
greatest extent practicable.
    Natural mitigation: Physical characteristics of the proposed test 
area and test methods will ameliorate the underwater shock wave. Tests 
will be conducted in approximately 3 to 10 ft (0.9 to 3.0 m) of water. 
At this shallow depth, some protection of the energy from the 
detonations will be directed through the surface of the water rather 
than transmitted through the water. Another consequence of the shallow, 
as opposed to the deep water detonation depth is that bubble pulse is 
not significant and there will be far less energy in any oscillations. 
Additionally, these tests will be conducted inside the offshore bar at 
the SRI site. The offshore bar ameliorates the transmission of the 
underwater portion of the shock wave. Also, MK-82 GPBs will be buried 
in bottom sands to approximately their center of gravity (3 ft (0.9 m), 
a factor expected to mitigate the transmission of the shock wave as the 
detonations will be directed downwards.
    Human mitigation: Eglin has established safety zones to prevent 
marine mammal injury for each test. These safety zones are: 0.75 km for 
SABRE-22, 1.0 km for SABRE-23, 1.0 km for DET, 6.0 km for MK-82 GPB, 
and 0.5 km for MK-5 MCS.
    Eglin has proposed that base personnel conduct a 30-minute pre-
detonation aerial monitoring survey immediately prior to each test to 
ensure no marine mammals are within each test area's designated safety 
zone. With water depths less than 18 m (59 ft), low turbidity, and 
white sand bottom, exceptional marine mammal visibility is ensured. 
Aerial surveys will be conducted at approximately 100 ft (30.5 m) 
elevation.
    In order to ensure adequate visibility for locating marine mammals 
(and sea turtles), no tests will take place if sea state conditions are 
greater than

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category 3 and water clarity is not adequate for conducting surveys. No 
tests will take place if marine mammals or sea turtles are sighted 
within the safety zone.

Monitoring

    In addition to pre-detonation monitoring mentioned previously, 
Eglin will conduct aerial surveys immediately following each detonation 
event. The post-test monitoring will be conducted in a similar manner 
to the pre-test monitoring, except that observation personnel will be 
focused on locating any injured marine mammals. If any injured marine 
mammals are observed during post-test monitoring, subsequent 
detonations will be postponed, and the local stranding network 
notified. The project will be required to be reviewed by Air Force and 
NMFS personnel prior to conducting any additional tests.

Reporting

    Any takes of marine mammals other than authorized by the Incidental 
Harassment Authorization (IHA) will be reported to the Regional 
Administrator, NMFS, by the next working day. A draft final report of 
the entire test results and marine mammal observations for pre- and 
post-detonation monitoring will be submitted to NMFS within 90 days 
after completion of the last test. Unless notified by NMFS to the 
contrary, that draft final report will be considered the final report 
under the IHA.

National Environmental Policy Act (NEPA)

    As part of its request for a small take authorization, the U.S. Air 
Force has prepared two EAs, one for SABRE and DET and a second document 
for the MK-82/MK-5 systems. These EAs, which supplement information 
contained in the application, are necessary for determining whether the 
activities proposed for receiving small take authorizations are having 
a negligible impact on affected marine mammal stocks. The U.S. Air 
Force is accepting comment on these EAs, and, based upon the comments 
received on this proposed authorization, NMFS will (1) adopt the U.S. 
Air Force EAs as its own and sign a Finding of No Significant Impact 
(FONSI) statement, (2) amend the U.S. Air Force EA to incorporate 
relevant comments, suggestions, and information and to sign a new FONSI 
statement, or (3) based upon comments received, prepare and release for 
comment a Draft EA.

Consultation

    Under section 7 of the Endangered Species Act, NMFS has begun 
consultation on the proposed issuance of an incidental harassment 
authorization. Consultation will be concluded upon completion of the 
comment period after taking into consideration the comments received on 
the proposed issuance of an IHA.

Proposed Authorization

    NMFS proposes to issue an IHA to the U.S. Air Force for the 
incidental harassment and non-serious injury of a small number of 
bottlenose dolphins, spotted dolphins, and possibly other cetacean 
species. NMFS has preliminarily determined that, provided the proposed 
mitigation measures are enacted, the short-term impact of explosives 
testing for obstacle and mine clearance systems at Eglin has the 
potential to result in no more than a negligible impact on affected 
marine mammal stocks.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning this request (see ADDRESSES).

    Dated: October 6, 1998.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 98-27393 Filed 10-9-98; 8:45 am]
BILLING CODE 3510-22-F