[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Notices]
[Pages 6237-6239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3222]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for the Final Environmental Impact Statement 
for North Pacific Acoustic Laboratory Project

AGENCY: Department of the Navy, DOD.

ACTION: Notice of record of decision.

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SUMMARY: Pursuant to section 102(2)(c) of the National Environmental 
Policy Act (NEPA) of 1969, 42 U.S.C. section 4321 et seq., the 
regulations of the Council on Environmental Quality that implement NEPA 
procedures, 40 CFR parts 1500-1508, and Navy regulations implementing 
NEPA procedures (31 CFR 775); the Department of the Navy announces its 
decision to conduct the North Pacific Acoustic Laboratory (NPAL) 
project, which will entail resumption of transmissions from a sound 
source off the north coast of Kauai for five years. The action will be 
accomplished as described in the Final Environmental Impact Statement's 
(FEIS) preferred alternative, denoted ``Continued Operation of the 
Kauai Sound Source.'' The Navy was the lead agency and the National 
Marine Fisheries Service (NMFS) was a cooperating agency in the 
Environmental Impact Statement (EIS) process.
    Background: The action will be conducted by Scripps Institution of 
Oceanography of the University of California, San Diego (Scripps), 
which carried out the first phase of Acoustic Thermometry of Ocean 
Climate (ATOC) feasibility research, and by the Applied Physics 
Laboratory of the University of Washington. Funding will be provided by 
the Office of Naval Research (ONR). Based on the success of the ATOC 
effort, the Navy recognizes the opportunity to transition into a second 
phase of research, NPAL, which will use the same acoustic source that 
was used in the Kauai ATOC program.
    The purposes of the NPAL project are to study the feasibility and 
value of large scale acoustic thermometry; to study the behavior of 
sound transmissions in the ocean over long distances; and to study the 
possible long-term effects of sound transmission on marine life.
    Under this action, the seabed power cable and sound source will 
remain in their present locations, and transmissions will continue with 
approximately the same signal parameters and transmission schedule used 
in the ATOC project. NPAL transmissions will consist of six 20-minute 
transmissions (one every four hours), every fourth day, with each 
transmission preceded by a five minute ramp-up period during which the 
signal intensity will be gradually increased. This represents an 
average duty cycle of two percent. With the possible exception of short 
duration testing with duty cycles of up to eight percent, or equipment 
failure, this schedule will continue for a period of five years. The 
signals transmitted by the source will have a center frequency of 75 
Hertz (Hz) and a bandwidth of approximately 35 Hz. Approximately 260 
watts of acoustic power will be radiated during transmission. At one 
meter from the source, the sound intensity will be about 195 decibels 
(dB) referenced to the intensity of a signal with a sound pressure 
level of one microPascal on a ``water standard'' basis. These signal

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parameters and source level were found during the ATOC project to 
provide adequate, but not excessive, signal-to-noise ratios at the 
receiver ranges of interest.
    At the conclusion of the five-year period, the seabed power cable 
will be abandoned in place. This will have the benefits of avoiding 
disturbance of sensitive military instrumentation in the vicinity and 
the benthic environment. The source will also be abandoned in place 
unless it appears to be in sufficiently good condition to warrant 
recovery.
    Alternatives: A screening process, based upon criteria set in the 
EIS, was conducted to identify a reasonable range of alternatives that 
would satisfy the Navy's purpose and need, while minimizing 
environmental impacts.
    Seven alternatives were initially considered: (1) The preferred 
alternative described above; (2) a no-action alternative; (3) 
additionally restricting source transmission times and modifying source 
operational characteristics; (4) using an alternate site for the 
project; (5) using a moored autonomous sound source; (6) the use of 
alternate sensors such as satellites; and (7) use computer modeling 
without collection of real-world data. Four of these alternatives, 
additionally restricting source transmission times and modifying source 
operational characteristics, moored autonomous source, alternate 
sensors, and modeling, were eliminated because they would not have met 
the desired research objectives. The other three alternatives, the 
preferred alternative, no action, and an alternate project site (Midway 
Island), were analyzed in detail.
    The preferred alternative involves the continued operation for five 
additional years of the low frequency sound source (including the 
seabed power cable) previously installed off the north shore of Kauai, 
Hawaii, for use in the ATOC research, as described in detail above. 
This alternative best meets the project objectives for the three 
components of NPAL. The sound source at Kauai would provide superior 
acoustic capability for study of both large scale acoustic thermometry 
and long-range underwater sound transmission. In addition, further 
studies of the marine mammal species in the vicinity of the Kauai 
source would be able to build on the data collected during the Kauai 
ATOC Marine Mammal Research Program (MMRP). A sound source at Midway 
(alternate project site--Midway Island alternative) would have a more 
limited acoustic capability and limited baseline marine animal data 
while the no action alternative would offer no possibility for a long-
term research project exploring underwater sound transmission and the 
natural and man-made changes in the ocean environment. Therefore, 
continued operation of the Kauai source (preferred alternative) best 
meets the project objectives.
    The preferred alternative is considered the most environmentally 
benign alternative. As described in detail in the EIS, the environment 
includes the following major resources: physical, biological, economic, 
and social. Physical effects include those from construction and/or 
removal of facilities and potential increases in ambient noise. The 
physical installations at Midway Island, as part of the Midway 
alternative would be relatively minor and generally are benign from an 
environmental standpoint. The no action and Midway alternatives would 
involve the removal of the sound source and cable presently in place 
off northern Kauai. Removing the cable is likely to disrupt the 
seafloor environment and any new coral that may have begun to grow on 
the cable. The preferred and Midway alternatives would add somewhat to 
the ambient noise levels during transmission periods. The comparative 
potential biological effects of the preferred and Midway alternatives 
depend on the relative abundance of sensitive animals at the respective 
locations. For source transmissions, these differences would be 
minimal. However, there exists the potential at Midway for disturbance 
of breeding and pupping of highly endangered Hawaiian monk seals during 
installation of the power cable. The preferred and Midway alternatives 
would have comparable socioeconomic effects. The no action alternative 
would not have any socioeconomic effects. Therefore, the preferred 
alternative is the most environmentally benign alternative.
    Environmental Impacts: Potential environmental impacts of 
continuing transmission of the sound source installed north of Kauai 
were analyzed in the Environmental Consequences section of the EIS. 
Several potential effects due to source transmissions were discussed, 
including the potential for physical auditory effects, behavioral 
disruption, habituation, masking, long-term effects, and indirect 
effects. Analysis of potential effects on marine mammals was 
accomplished with results from the California and Hawaii ATOC MMRPs and 
a program of underwater acoustical modeling. Neither MMRP observed any 
overt or obvious short-term changes in behavior, abundance, 
distribution, or vocalization in the marine mammal species studied. 
Intense statistical analyses revealed some subtle changes in the 
distance and time between successive humpback whale surfacings, and in 
the distribution of humpback whales away from the Kauai source and 
humpback (and possibly sperm) whales away from the California source 
during transmission periods. Bioacoustic experts concluded that these 
subtle effects would not adversely affect the survival of an individual 
whale or the status of the North Pacific humpback whale population 
(Frankel and Clark, 2000).
    Mitigation: The following mitigation measures discussed in the FEIS 
will be employed to minimize the potential effects of the NPAL sound 
source:
    1. Sound source will operate at the minimum duty cycle necessary to 
support the large-scale acoustic thermometry and long-range propagation 
objectives.
    2. Any increases in the duty cycle beyond the two percent, with a 
maximum of eight percent, will not occur during the peak season for 
humpback whale presence in the vicinity of the Kauai sound source. 
(January-April).
    3. Sound source will operate at the minimum power level necessary 
to support large-scale acoustic thermometry and long-range sound 
transmission objectives.
    4. Transmissions from the NPAL sound source will be preceded by a 
five-minute ramp-up of the source power.
    5. All NPAL vessels and aircraft will be equipped with required air 
pollution controls.
    6. The source cable and possibly the sound source, will not be 
removed at the end of the experiment.
    The feasibility and desirability of limiting sound transmissions to 
times when potentially vulnerable species are not present in the 
vicinity of the source and modifying source characteristics to 
potentially reduce effects on marine animals was considered as an 
initial alternative. Limiting source transmissions to seasons when 
humpback whales, the most abundant of the potentially vulnerable 
species in the Kauai area, are not present would severely reduce the 
utility of both the acoustic thermometry and long-range propagation 
studies, as well as make it essentially impossible to study the 
possible long-term effects of low frequency sound transmissions on 
marine life. Operational characteristics important to potential effects 
on marine animals include frequency, source power level, waveform, and 
sound signal transmission length. Each of these characteristics has 
been selected for the

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least potential environmental impact and the maximum scientific 
utility. Results from the ATOC study demonstrate that these source 
characteristics provide adequate, but not excessive, signal-to-noise 
ratios at the receiver ranges of interest.
    Because subtle effects detected by the ATOC MMRPs were found only 
after intense statistical analysis, the conduct of further marine 
mammal monitoring studies is based on the advancement of the 
understanding of the potential for long-term effects from acoustic 
transmissions. The following monitoring measures will be in place:
    1. Conduct eight aerial surveys from February through early April, 
eight days apart, to match the NPAL transmission schedule. Annual 
reports of the monitoring and studies will include numbers and 
locations of marine mammal and sea turtle sightings, which would be 
submitted to NMFS, with copies to the Hawaii Department of Land and 
Natural Resources, the Office of Planning and the Hawaiian Island 
Humpback Whale National Marine Sanctuary. The effort will continue to 
monitor for acute short-term effects, although none were observed 
during the ATOC MMRPs.
    2. Monitor marine mammal data by coordinating with the local marine 
mammal stranding network to detect any long-term trends.
    In the Biological Opinion (BO), NMFS recommended investigating the 
effects of masking by low frequency anthropogenic sounds on baleen 
whales through studies of similar species that are sensitive to low 
frequency sound, as a conservation recommendation. The only marine 
mammal species that regularly occur off Hawaii and vocalizes in the 
same frequency range as the NPAL transmissions, and thus could 
potentially be masked if positioned close to the acoustic source, is 
the humpback whale. Since it is nearly impossible to capture a humpback 
whale or another baleen whale and conduct masking studies, and there 
are no other similar species that are sensitive to low frequency sound 
that regularly occur off Hawaii, the NPAL project will not focus its 
marine mammal monitoring and studies on this issue. However, the Navy 
has sponsored and is continuing to sponsor, other researchers whose 
work focuses on clarifying the potential effects of anthropogenic 
sounds on marine mammals, including the effects of masking by low 
frequency sounds (e.g., Nachtigall et al., 2001; Schlundt et al., 2000; 
Kastak and Schusterman, 1998).
    Coordination and Consultation With NMFS: In addition to acting as a 
cooperating agency in the EIS process, NMFS has a regulatory role in 
its jurisdiction over issues related to endangered species and marine 
mammals. The potential effect upon listed species required consultation 
with NMFS under section 7 of the Endangered Species Act. ONR initiated 
interagency consultation on June 23, 2000 by submitting a Biological 
Assessment to NMFS. Consultation concluded with NMFS' issuance of a BO 
on April 26, 2001. Based on the status of the species, environmental 
baseline, effects of the action, and cumulative effects, NMFS concluded 
that the proposed action is not likely to jeopardize the continued 
existence of the endangered humpback, fin, sei, blue, right, and sperm 
whales or the Hawaiian monk seal, or result in the destruction or 
adverse modification of critical habitat considered in the BO.
    NMFS also administers the Marine Mammal Protection Act. Scripps, in 
coordination with NMFS, is pursuing a Letter Of Authorization (LOA) for 
incidental taking by harassment under 16 U.S.C. 1371. With the 
publication of the draft EIS, Scripps began the process of applying for 
a LOA. NMFS published an Advance Notice of Proposed Rulemaking on 
August 24, 2000 (65 FR 51584), and a Proposed Rule on December 22, 2000 
(65 FR 80815). A Final Rule was published on August 17, 2001 (66 FR 
43442).
    Response to Comments Received Regarding the FEIS: After the FEIS 
was distributed for a 30-day public review period which ended June 25, 
2001, Scripps/ONR received 3 letters. From the state of Hawaii 
Department of Land and Natural Resources was a letter concurring with 
the ``no effect'' determination regarding National Historic 
Preservation Act Review, section 106 Compliance. There was a ``no 
additional comment'' letter from the Department of the Army, U.S. Army 
Engineer District of Honolulu. The third comment pertained to a 
different Navy proposed action, the Low Frequency Active sonar, an 
action unrelated to the NPAL project.
    Conclusion: Continued use of the previously installed sound source 
off the northern coast of Kauai is the alternative that best meets the 
project's purpose and need for large-scale acoustic thermometry and 
long-range underwater sound transmission studies. Selection of this, 
the preferred alternative, also best facilitates the planned marine 
mammal monitoring and studies, and also minimizes environmental 
impacts.
    Based on the analysis contained in the FEIS, the administrative 
record, and other factors discussed above, I select the preferred 
alternative, Continued Operation of the Kauai Source, to implement the 
proposed action.

    Dated: January 23, 2002.
Donald Schregardus,
Deputy Assistant Secretary of the Navy, (Environment).
[FR Doc. 02-3222 Filed 2-8-02; 8:45 am]
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