[Federal Register Volume 65, Number 204 (Friday, October 20, 2000)]
[Notices]
[Pages 63059-63062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27077]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 091300A]


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, bottlenose dolphins, and spotted dolphins incidental to 
explosive testing of obstacle and mine clearance systems at Eglin Air 
Force Base, FL (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 
20, 2000. Comments will not be accepted if submitted via e-mail or the 
Internet.

[[Page 63060]]


ADDRESSES: Comments on this application should be addressed to Donna 
Wieting, Chief, Marine Mammal Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910. A copy of the application, the Environmental Assessment (EA), 
and/or a list of references used in this document, may be obtained by 
writing to this address or by telephoning one of the contacts listed 
here.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead 301-713-2055 ext. 
128, or Kathy Wang, 727-570-5312.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) 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 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 authorization is 
provided to the public for review.
    Permission may be granted if NMFS finds that the taking will have a 
negligible impact on the affected species or stock(s) of marine 
mammals, will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses, and if 
permissible methods of taking and requirements pertaining to the 
monitoring and reporting of such takings 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 citizens of the United States can apply for an 
authorization to incidentally take small numbers of marine mammals by 
harassment. 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 
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 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 August 6, 2000, NMFS received an application from the U.S. Air 
Force at 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), and spotted dolphins 
(Stenella frontalis) incidental to explosive testing of an obstacle 
clearance system 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 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. During the Gulf War, U.S. forces were prevented from 
landing on the beaches of Kuwait because of the nature and density of 
the mines and obstacles present on the beaches and in the shallow surf 
zone. To facilitate future amphibious assaults, the U.S. Navy is 
committed to developing and testing methods to safely and effectively 
clear a path through such obstacles, allowing U.S. Marines to conduct 
an amphibious assault.
    NWSC-CSS has requested permission from Eglin to test the Mk-82 
general purpose bomb (GPB) in the shallow surf zone along U.S. Air 
Force-controlled lands of SRI. The taking of bottlenose and spotted 
dolphins incidental to testing the Shallow Water Assault Breaching 
system, the Distributed Explosive Technology system, the MK-82 GPBs, 
and the MK-5 Mine Clearance System (MCS) was authorized by NMFS in 
December, 1998 (see 63 FR 67669, December 8, 1998). That authorization 
expired on March 31, 1999. However, testing of the Mk-82 GPB was not 
conducted during that authorization period.
    The proposed action by the NSWC-CSS is an evaluation of the Mk-82 
GPBs to clear anti-invasion beach obstacles and mines in the surf zone. 
The objectives of the test are to: (1) determine the performance of the 
Mk-82 GPBs against threat obstacles and mines in the surf zone, and (2) 
provide data and verify empirical models used to assess surf zone 
obstacle and mine clearance.
    The MK-82 GPBs to be tested consist of seven GPBs, each containing 
192 lbs (87.1 kg) of explosive for a total weight of 1,344 lbs (610 
kg). Three configurations for testing will be used for the proposed 
test: (1) A linear arrangement of seven GPBs spaced 24 ft (7.3 m) 
apart, located parallel to the shoreline, (2) a linear arrangement of 7 
GPBs spaced 24 ft (7.3 m) apart located perpendicular to the shore, and 
(3) a matrix (2-3-2) arrangement.
    Two separate deployments and firings are required to test each 
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. All Mk-82 GPBs 
will be placed in shallow water in the surf zone between the shore and 
the sand bar.
    Each test event will require several days to set up. 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. The Mk-82 GPBs will be detonated and the obstacles 
and mine field scored and cleaned up to the extent feasible.
    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 are planned to be 
conducted between November 2000 and March, 2001.
    More detailed descriptions of the activity and the expected impact 
on marine mammals can be found in the Air Force Incidental Harassment 
(IHA) application. Additional information can be found in the EA 
prepared in 1998 by the Air Force under the National Environmental 
Policy Act (NEPA). These documents are available upon request (see 
ADDRESSES).

Description of Habitat and Marine Mammals Affected by the Activity

    A description of the eastern Gulf of Mexico (GOM) ecosystems can be 
found in general biological oceanographic

[[Page 63061]]

references and in the previously mentioned EA and is not repeated here.

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 and other species of 
marine mammals in the GOM can be found in Blaylock et al. (1995) and 
Waring et al. (1999). Please refer to those documents for information 
on the biology, distribution, and abundance of these marine mammal 
species. Information on the two species of marine mammals that 
potentially may be affected can also be found in the application and EA 
on this project.

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 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 its proposed 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 uPa\2\-sec derived by the 
Navy from experiments with bottlenose dolphins by Ridgway et al.(1997), 
and (2) a 12 lbs/in\2\ (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)). While recognizing 
that while there is some disagreement in the scientific community on 
criteria for predicting auditory impacts on marine mammals, for the 
activity described in this document, the Air Force and NMFS are 
retaining the determinations made for this action previously (see 63 FR 
67669, December 8, 1998), that noise levels that fall between the 5 
psi-msec distance out to a transmission distance where a noise level of 
180 dB re 1 uPa\2\-sec (Air Force, 1998, 2000) will be considered to 
fall within the incidental harassment zone. It should be recognized 
however, that because the Air Force utilized the noise level of 180 dB 
re 1 uPa\2\-sec, instead of the previously mentioned level of 182 dB re 
1 uPa2-sec, for modeling the proposed test activities, it will use the 
more precautionary level for estimating potential harassment.
    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 the application, the 
maximum number of Atlantic bottlenose dolphins potentially within the 
injury exposure zone from all tests during the 4-month test period is 
estimated to be 27-28. The maximum number of Atlantic spotted dolphins 
potentially injured from all tests combined is less than 1. These are 
the maximum potential injury levels without implementation of 
mitigation.
    The estimated total numbers of bottlenose dolphins and spotted 
dolphins potentially exposed to takes by harassment (because they may 
be within the area between 5 psi-msec and 180 dB re 1 uPa\2\ -sec) are 
19 and 1, respectively. However, mitigation is expected to obviate any 
potential for injury or harassment to marine mammals.

Mitigation

    There are two forms of mitigation proposed for implementation by 
the Air Force: (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 portion 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 
detonation depth is that bubble pulse is not significant and there will 
be far less energy in any oscillations, compared with deep water 
detonations (Shockley, 1995). 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 the following safety zones 
to prevent marine mammal injury for

[[Page 63062]]

testing MK-82 GPBs: (1) 6.0 km (3.7 mi) radius for the configuration 
parallel to beach and for the matrix; and (2) 5.0 km (3.1 mi) radius 
for the configuration perpendicular to the beach.
    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 the 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 detonations will take place if sea state 
conditions are greater than 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 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.

NEPA

    Previously, the U.S. Air Force prepared an EA on the Mk-82 GPB and 
Mk-5 MCS systems. This EA, which supplements information contained in 
the Air Force application provides additional information for 
determining whether the activity proposed for obtaining a small take 
authorization will have no more than a negligible impact on affected 
marine mammal stocks. NMFS reviewed the EA in December, 1998, and 
concurred with the findings in the EA (see 63 FR 67669, December 8, 
1998). As a result, NMFS found that it is unnecessary to prepare its 
own NEPA documentation and adopted the Air Force EA as its own, as 
provided by 40 CFR 1506.3. At that time, NMFS found that the issuance 
of an IHA to the Air Force would not result in a significant 
environmental impact on the human environment and that it is 
unnecessary to either prepare its own NEPA documentation or to 
recirculate the Air Force EA for additional comments. NMFS believes 
that the findings made in December 1998, remain appropriate.

Consultation

    On October 15, 1998, NMFS completed consultation with the Air Force 
under section 7 of the Endangered Species Act. The finding of that 
consultation was that the proposed testing activity is not likely to 
adversely affect endangered or threatened species of whales or sea 
turtles, if the conservation and mitigation measures specified in the 
Biological Assessment prepared by the Air Force are undertaken. NMFS 
concludes, therefore, that the issuance of an IHA to the Air Force to 
take small numbers of bottlenose dolphins, spotted dolphins and 
possibly other cetacean species by harassment incidental to explosive 
testing at Eglin is not likely to adversely affect endangered or 
threatened species of whales or sea turtles.

Proposed Authorization

    NMFS proposes to issue an IHA to the U.S. Air Force for the 
harassment of a small number of bottlenose dolphins and spotted 
dolphins incidental to testing the Mk-82 GPBs off SRI, Eglin. NMFS has 
preliminarily determined that, provided the proposed mitigation and 
monitoring measures are enacted, the short-term impact of testing Mk-82 
GPBs for obstacle and mine clearance systems at Eglin has the potential 
to result in only small numbers of marine mammals being affected, and 
have no more than a negligible impact on affected marine mammal stocks.

Information Solicited

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

    Dated: October 10, 2000.
Art Jeffers,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 00-27077 Filed 10-19-00; 8:45 am]
BILLING CODE 3510-22-S