[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Notices]
[Pages 3474-3484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-595]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 031704B]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Conducting Air-to-Surface Gunnery Missions in the Gulf of 
Mexico

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

ACTION: Notice of receipt of application for an incidental take 
authorization; request for comments and information.

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SUMMARY: NMFS has received a request from Eglin Air Force Base (Eglin 
AFB), for authorization to harass marine mammals, incidental to 
conducting air-to-surface (A-S) gunnery missions in the Gulf of Mexico 
(GOM). As a result of this request, NMFS is proposing to issue a 1-year 
authorization to take marine mammals by Level B harassment incidental 
to this activity and will propose regulations at a later time that 
would govern these incidental takes under a Letter of Authorization 
(LOA) issued to Eglin for a period of up to 5 years after the 1-year 
IHA expires. Under the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to issue an authorization to Eglin 
AFB to incidentally take, by harassment, several species of cetaceans 
for a period of 1 year.

DATES: Comments and information must be postmarked no later than 
February 22, 2006.

ADDRESSES: Comments should be addressed to Steve Leathery, Chief, 
Permits, Conservation and Education Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3226. The mailbox address for providing email 
comments on this action is [email protected]. Comments sent via 
email, including all attachments, must not exceed a 10-megabyte file 
size. A copy of the application and a list of references used in this 
document may be obtained by writing to this address, by telephoning the 
contact listed here (see FOR FURTHER INFORMATION CONTACT) and is also 
available at: http://www.nmfs.noaa.gov/prot_res/PR2/Small_Take/smalltake_info.htm#applications. A copy of the Final Programmatic 
Environmental Assessment (Final PEA) is available by writing to the 
Department of the Air Force, AAC/EMSN, Natural Resources Branch, 501 
DeLeon St., Suite 101, Eglin AFB, FL 32542-5133.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, 301-
713-2289, ext 128.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and 101(a)(5)(D) of the Marine Mammal 
Protection Act (16 U.S.C. 1361 et seq.) (MMPA) 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) within a specified 
geographical region if certain findings are made and 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 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 if the 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 National Defense Authorization Act of 2004 (NDAA) (Pub. 
L. 108-136) amended the definition of ``harassment'' in section 18(A) 
of the MMPA as it applies to a ``military readiness activity'' to read 
as follows:

    (i) 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 (ii) 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

    On February 13, 2003, Eglin AFB petitioned NMFS, as a precautionary 
measure, for an authorization under section 101(a)(5) of the MMPA for 
the taking, by harassment, marine mammals incidental to programmatic 
mission activities within the Eglin Gulf Test and Training Range 
(EGTTR) for the next five years. The EGTTR is described as the airspace 
over the Gulf of Mexico that is controlled by Eglin AFB; this area is 
also sometimes referred to as the ``Eglin Water Range.''
    The A-S gunnery test and training activities currently comprise the 
majority of Eglin's missions that deploy ordnance into the GOM and have 
been determined through a review under the National Environmental 
Policy Act (NEPA) to be the only activity to impact marine mammals 
(Eglin AFB, 2002). The effects of other components of the mission 
activities, including supersonic and subsonic noise from aircraft, 
occasional fuel releases, debris, the release of chemicals into the 
water from chaff, flares, drones, and missiles, and direct physical 
impacts (discussed later in this document) were determined not to 
impact marine mammals (Eglin AFB, 2002).

Description of Activities

    A-S gunnery missions involve surface impacts of projectiles and 
small underwater detonations with the potential to affect cetaceans 
that may potentially occur within the EGTTR. These missions typically 
involve the use of 25-mm (0.98 in), 40-mm (1.57 in), and 105-mm (4.13 
in) gunnery rounds containing, 0.0662 lb (1.1 oz 30 g), 0.865 (13.8 oz, 
392 g), and 4.7 lbs (2.1 kg) of explosive, respectively. Live rounds 
must be used to produce a visible surface splash that must be used to 
``score'' the round; the impact of inert rounds on the sea surface 
would not be detected. The Air Force has developed a 105-mm training 
round (TR) that contains less than 10 percent of the amount of 
explosive material (0.35 lb; 0.16 kg) as compared to the ``Full-Up'' 
(FU) 105-mm (4.13 in) round. The TR was developed as one method to 
mitigate effects on marine life during night-time A/S gunnery exercises 
when visibility at the water surface would be poor. However, the TR 
cannot be used in daytime since the amount of explosive material is 
insufficient to be detected from the aircraft.

[[Page 3475]]

    Water ranges with the EGTTR that are typically used for the gunnery 
operations are located in the Gulf of Mexico offshore from the Florida 
Panhandle (areas W-151A, W-151B, W-151C, and W-151D as shown in Figure 
1 in Eglin's application). Data indicates that W-151A was the most 
frequently used water range due to its proximity to Hurlburt Field, but 
activities may occur anywhere within the EGTTR.
    The AC-130 gunship aircraft normally transit from Hurlburt Field, 
FL to the water range at a minimum of 4,000 ft (1.2 km) above surface 
level. The AC-130 conducts at least two complete orbits at a minimum 
safe airspeed around a prospective target area at a maximum altitude of 
1,500 ft (457 m), with a recommended altitude of 1,000 ft (305 m), 
spiraling in an upward formation to an operational altitude of 
approximately 4,500 to 10,000 ft (1372-3048 m). Ascent occurs over a 
10-15 minute period. Eglin notes that the search area for these orbits 
ensures that no vessels or protected species are within an area of 5-nm 
(9.3 km) of the target. The AC-130 continues orbiting the selected 
target point as it climbs to the mission-testing altitude. During the 
low altitude orbits and the climb to testing altitude, aircraft crew 
visually scan the sea surface within the aircraft's orbit circle for 
the presence of marine vessels and protected species. Primary 
responsibility for the surface scan is on the flight crew in the 
cockpit and personnel stationed in the tail observer bubble and 
starboard viewing window. The AC-130's optical and electronic sensors 
will also be employed for target clearance. If any marine mammals are 
detected within the AC-130's orbit circle, either during initial 
clearance or after commencement of live firing, the aircraft will 
relocate to another target area and repeat the clearance procedures. A 
typical distance from the coast for this activity is at least 15 mi (24 
km).
    When offshore, the crews can scan a 5-mi (9.3-km) radius around the 
potential impact area to ensure it is clear of surface craft, marine 
mammals, and sea turtles. Scanning is accomplished using radar, all-
light television (TV), infrared sensors (IR), and visual means. An 
alternative area would be selected if any cetaceans or vessels were 
detected within a 5-mi (9.3 km) search area. Once the scan is 
completed, Mk-25 flares are dropped and the firing sequence is 
initiated.
    A typical gunship mission lasts approximately 5 hours without 
refueling and 6 hours when air-to-air refueling is accomplished. A 
typical mission includes: (1) 30 minutes for take off and to perform 
airborne sensor alignment, align electro-optical sensors (IR and TV) to 
heads-up display; (2) 1.5 to 2 hours of dry fire (no ordnance 
expended), and includes transition time; (3) 1.5 to 2 hours of live 
fire, and includes clearing the area and transiting to and from the 
range (actual firing activities typically do not exceed 30 minutes); 
(4) 1 hour air-to-air refueling, if and when performed; and (5) 30 
minutes of transition work (take-offs, approaches, and landings-pattern 
work).
    The guns are fired during the live-fire phase of the mission. The 
actual firing can last from 30 minutes to 1.5 hours but is typically 
completed in 30 minutes. The number and type of A-S gunnery munitions 
deployed during a mission varies with each type of mission flown. In 
addition to the 25-, 40-, and 105-mm rounds, marking flares are also 
deployed as targets. All guns are fired at a specific target in the 
water, usually an Mk-25 flare, starting with the lowest caliber 
ordnance or action with the least impact and proceeding to greater 
caliber sizes. To establish the test target area, two Mk-25 flares are 
deployed into the center of the 5-nm (9.3-km) radius cleared area 
(visually clear of aircraft, ships, and surface marine species) on the 
water's surface. The flare's burn time normally lasts 10 to 20 minutes 
but could be much less if actually hit with one of the ordnance 
projectiles; however, some flares have burned as long as 40 minutes. 
Live fires are a continuous event with pauses during the firing usually 
well under a minute and rarely from 2 to 5 minutes. Firing pauses would 
only exceed 10 minutes if surface boat traffic or marine protected 
species caused the mission to relocate; if aircraft, gun, or targeting 
system problems existed; or if more flares needed to be deployed. The 
Eglin Safety Office has described the gunnery missions as having 95-
percent containment with a 99-percent confidence level within a 5-m 
(16.4-ft) area around the established flare target test area.

Live-Fire Event: Phase I: 10 Minutes

    The 25-mm (0.98-in) round is fired first. The 25-mm firing event in 
a typical mission includes approximately 500 to 1000 rounds. These 
rounds are first in short bursts. These bursts last approximately 2-3 
seconds with approximately 100 rounds per burst. Based on the very 
tight target area and extremely small miss distance, these bursts of 
rounds all enter the water within a 5-m (16.4-ft) area. Therefore, when 
calculations of the marine mammal Zone of Impact (ZOI) and take 
estimates are made later in this document for the 25-mm rounds, 
calculations will be based on the total number of rounds fired per year 
divided by 100.

Live-Fire Event: Phase II: 10 Minutes

    The 40-mm (1.57 in) round is fired second. The 40-mm firing event 
of a typical mission includes approximately 10 seconds with 
approximately 20 rounds per burst. Based on the very tight target area 
and extremely small miss distance, these bursts of rounds all enter the 
water within a 5-m (16.4 ft) area. Therefore, when calculations of the 
marine mammal ZOI and take estimates are made later in this document 
for the 40-mm rounds, calculations will be based on the total number of 
rounds fired per year divided by 20.

Live-Fire Event: Phase III: 10 Minutes

    The 105-mm round is fired last. The 105-mm firing event of a 
typical mission includes approximately 20 rounds. These rounds are not 
fired in bursts, but as single shots. The 105-mm firing event lasts 
approximately 5 minutes with approximately two rounds per minute. Due 
to the single firing event of the 105-mm round, the peak pressure of 
each single 105-mm round is measured at a given distance (90 m (295 
ft)) for the 105mm TR and 216 m (709 ft) for the 105mm FU).
    As described in Eglin's application, gunnery testing in this 
request includes historical baseline yearly amounts in addition to 
proposed nighttime gunnery missions. Daytime gunnery testing uses the 
105-mm FU round and nighttime gunnery training is proposed using the 
105-mm TR. The number of 105-mm rounds including nighttime operations 
would amount to 1,742. As shown in detail in Tables 1 and 2, Eglin 
proposes to conduct a total of 28 daytime missions and 263 nighttime 
missions annually, expending 3,832 rounds in daytime and 30,802 rounds 
nighttime (242 105-mm FU and 1,500 rounds would be the 105-mm TR).
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[[Page 3477]]

Description of Marine Mammals Affected by the Activity

    There are 29 species of marine mammals documented as occurring in 
Federal waters of the GOM. General information on these species can be 
found in Wursig et al. (2000) and in the NMFS Stock Assessment Reports 
(Waring et al., 2004). This latter document is available at: http://www.nefsc.noaa.gov/nefsc/publications/tm/tm182/
    Of these 29 species of marine mammals, approximately 21 may be 
found within the EGTTR. These species are the Bryde's whale, sperm 
whale, dwarf sperm whale, pygmy sperm whale, Atlantic bottlenose 
dolphin, Atlantic spotted dolphin, pan-tropical spotted dolphin, 
Blainville's beaked whale, Cuvier's beaked whale, Gervais' beaked 
whale, Clymene dolphin, spinner dolphin, striped dolphin, killer whale, 
false killer whale, pygmy killer whales, Risso's dolphin, Fraser's 
dolphin, melon-headed whale, rough-toothed dolphin, and pilot whale. 
Supplementary information on those species that may be impacted by the 
A-S gunnery exercises are discussed in the Eglin application (Eglin 
AFB, 2003) and the Eglin's Final PEA.

Potential Impacts to Marine Mammals

    A/S gunnery operations may potentially impact marine mammals at the 
water surface. Marine mammals could potentially be harassed, injured or 
killed by exploding and non-exploding projectiles, and falling debris 
(Eglin, 2002 (Final PEA)). However, based on an analysis provided in 
the Eglin Final PEA) Eglin believes that gunnery exercises are not 
likely to result in any injury or mortality to marine mammals (Eglin, 
2003 (Supplemental Information Request)).
    Explosive criteria and thresholds for assessing impacts of 
explosions on marine mammals were discussed by NMFS in detail in its 
issuance of an IHA for Eglin's Precision Strike Weapon testing activity 
(70 FR 48675, August 19, 2005) and are not repeated here. Please refer 
to that document for this background information.

Estimation of Take and Impact

Direct Physical Impacts (DPI)

    Potential impacts resulting from air-to-surface test operations 
include DPI resulting from ordnance. DPI could result from inert bombs, 
gunnery ammunition, and shrapnel from live missiles falling into the 
water. Marine mammals and sea turtles swimming at the surface could 
potentially be injured or killed by projectiles and falling debris if 
not sighted and firing discontinued. Small arms gunnery operations may 
offer a worst case scenario for evaluating DPI of EGGTR operations, 
mainly due to the comparatively large number of rounds expended. Some 
contain small amounts of explosives, but the majority do not. The 
assumptions made by Eglin for DPI calculations can be found in Eglin's 
Final PEA under Alternative 1 for this action. Approximately 606 small-
arms gunnery firing events comprise the estimated level of potential 
DPI events, as shown in Table 3.
    DPI impacts are anticipated to affect only marine species at or 
very near the ocean surface. As a result, in order to calculate 
impacts, Eglin used corrected species densities (Table 4-23 in Eglin's 
Final PEA) to reflect the surface interval population, which is 
approximately 10 percent of densities calculated for distribution in 
the total water column. As shown here in Table 4 (correcting PEA Table 
4-23), the impacts to marine mammals and sea turtles swimming at the 
surface that could potentially be injured or killed by projectiles and 
falling debris was determined to be an average of 0.2059 marine mammals 
and 0.0414 sea turtles per year. However, mitigation measures that 
Eglin proposes under this action would reduce even these low levels 
significantly.
    In addition to small arms, Eglin calculated the potential for other 
non-explosive items (bombs, missiles, and drones) to impact marine 
mammals and sea turtles. The number of annual events expected are 551 
bombs, 1183 missiles, and 99 drones (Table 5). As shown in Eglin's 
Final PEA and Table 6 in this document, the potential for any DPI to 
marine mammals and sea turtles is extremely remote and can, therefore, 
be discounted.
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[[Page 3478]]

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              Table 6.--Potential Non-Small Arms/Non-Gunnery DPI Impacts (Annual) to Marine Species
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                                                                                                     Years to
                              Density  (km\2\)      density  (km\2\)          (km\2\)       ()     ()
----------------------------------------------------------------------------------------------------------------
Cetaceans...................            4.381            0.4381          0.00688     0.003014128             332
T&E Cetaceans...............            0.011            0.0011          0.00688     0.000007568         132,135
Sea Turtles.................            0.869            0.0869          0.00688     0.000597872           1,673
----------------------------------------------------------------------------------------------------------------

    Similar to non-gunnery/non-small arms DPI impacts, DPI impacts from 
gunnery activities may also affect marine mammals and sea turtles in 
the surface zone. Again, DPI impacts are anticipated to affect only 
marine species at or near the ocean surface. Accordingly, the density 
estimates have been adjusted to indicate surface animals only being 
potentially affected. Using the firing methodology explained earlier in 
this document, Tables 7 and

[[Page 3479]]

8 demonstrate that the potential for any DPI from gunnery activities 
are extremely remote and can be discounted.
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Marine Mammal Take Estimates From Gunnery Activities

    Estimating the impacts to marine mammals from underwater 
detonations is difficult due to complexities of the physics of 
explosive sound under water and the lack of understanding with respect 
to hearing in marine mammals. Therefore, the assessments made in this 
document use, and improve upon, the criteria and thresholds for marine 
mammal impacts that were developed for the shock trials of the USS 
SEAWOLF submarine and the destroyer USS Winston S. Churchill (DDG-81) 
(Navy, 1998; 2001). The criteria and thresholds used in these documents 
have been adopted by NMFS for use in calculating incidental takes from 
explosives. Criteria for assessing impacts include: (1) Mortality, as 
determined by exposure to a certain level of positive impulse pressure 
(expressed as pounds per square inch per millisecond or psi-msec); (2) 
injury, both hearing related and non-hearing related; and (3) 
harassment, as determined by temporary loss of hearing

[[Page 3480]]

ability and behavioral reactions. Due to the small amounts of net 
explosive weight (NEW) for each of the rounds fired in the EGTTR and 
the mitigation measures proposed here, mortality resulting from sounds 
generated in the water column was determined to be highly unlikely, and 
not considered further.
    Permanent hearing loss is considered an injury and is defined as a 
permanent threshold shift (PTS). NMFS categorizes PTS as Level A 
harassment. ``Temporary loss of hearing ability is termed a temporary 
threshold shift (TTS), meaning a temporary reduction of hearing 
sensitivity which abates following noise exposure''. TTS is categorized 
as a Level B type of harassment and is considered here as non-
injurious. NMFS recognizes dual criteria for TTS, one based on peak 
pressure and one based on the greatest \1/3\ octave sound exposure 
level (SEL) or energy flux density level (EFDL), with the more 
conservative (i.e., larger) of the two criteria being selected for 
impacts analysis (note: SEL and EFDL are used interchangeably, but with 
increasing scientific preference for SEL). The peak pressure metric 
used in the shock trials to represent TTS was 12 pounds per square inch 
(psi) which, for the NEW used, resulted in a zone of possible Level B 
harassment approximately equal to that obtained by using a 182 decibel 
(dB) re 1 micro Pa2-s, total EFDL/SEL metric. The 12-psi 
metric is largely based on anatomical studies and extrapolations from 
terrestrial mammal data (see Ketten, 1995; Navy, 1999 (Appendix E, 
Churchill FEIS; and 70 FR 48675 (August 19, 2005)) for background 
information). However, the results of a more recent investigation 
involving marine mammals suggest that, for charges considerably smaller 
than those used in the Navy shock trials, the 12 psi metric is not an 
adequate predictor of the onset of TTS.
    Finneran et al. (2002) measured TTS in a bottlenose dolphin and a 
beluga whale exposed to single underwater impulses produced by a 
seismic water gun in San Diego Bay. The water gun was chosen over other 
seismic sources, such as air guns, because the impulses contain more 
energy at high frequencies where odontocete hearing thresholds are 
relatively low (i.e., more sensitive). Hearing thresholds were measured 
at 0.4, 4, and 30 kilohertz (kHz). A relatively small and short-term 
level of masked TTS (MTTS) (7 dB at 0.4 kHz and 6 dB at 30 kHz) 
occurred in the beluga whale at a peak pressure of 160 kilopascals 
(kPa), which is equivalent to 23 psi, 226 dB re 1 micro Pa peak-peak 
pressure, and 186 dB re 1 microPa2-s. The maximum 
experimental peak pressure exposure of 207 kPa (30 psi, 228 dB re 1 
microPa peak-peak pressure, 188 dB re 1 microPa2-s) did not 
cause any measurable masked TTS in the bottlenose dolphin. The results 
of these field experiments represent the most current science available 
for the relationship between peak pressure and TTS in marine mammals. 
It is also considered precautionary for this project since the 
bottlenose dolphin did not receive an MTTS at the higher level of 30 
psi. Therefore, until additional information becomes available, 23 psi 
is considered an appropriate and conservative metric for predicting the 
onset of pressure-related TTS from small explosive charges.
    Documented behavioral reactions occur at noise levels below those 
considered to cause TTS in marine mammals (Finneran et al., 2002; 
Schlundt et al., 2000; Finneran and Schlundt, 2004). In controlled 
experimental situations, behavioral effects are typically defined as 
alterations of trained behaviors. Behavioral effects in wild animals 
are more difficult to define but may include decreased ability to feed, 
communicate, migrate, or reproduce. Abandonment of an area due to 
repeated noise exposure is also considered a behavioral effect. 
Analyses in subsequent sections of this document refer to such 
behavioral effects as sub-TTS Level B harassment. Schlundt et al. 
(2000) exposed bottlenose dolphins and beluga whales to various pure-
tone sound frequencies and intensities in order to measure underwater 
hearing thresholds. Masking is considered to have occurred because of 
ambient noise environment in which the experiments took place. Sound 
levels were progressively increased until behavioral alterations were 
noted (at which point the onset of TTS was presumed). It was found that 
decreasing the sound intensity by 4 to 6 dB greatly decreased the 
occurrence of anomalous behaviors. The lowest sound pressure levels, 
over all frequencies, at which altered behaviors were observed, ranged 
from 178 to 193 dB re 1 micro Pa for the bottlenose dolphins and from 
180 to 196 dB re 1 micro Pa for the beluga whales. Thus, it is 
reasonable to consider that sub-TTS (behavioral) effects occur at 
approximately 6 dB below the TTS-inducing sound level, or at 
approximately 176 dB in the greatest \1/3\ octave band EFDL/SEL.
    Table 9 summarizes the relevant thresholds (summarized from 
information in 70 FR 48675 (August 19, 2005) and in this document), 
which are specified levels of noise that may result in injury, TTS or 
harassment to marine mammals. Mortality and injury thresholds are 
designed to be conservative by considering the impacts that would occur 
to the most sensitive life stage (e.g., a dolphin calf). Table 10 
provides the estimated ZOI radii for the EGTTR ordnance.

Table 9.--EGTTR Criteria and Thresholds for Impact of Explosive Noise on
                             Marine Mammals
------------------------------------------------------------------------
          Criterion           Criterion definition        Threshold
------------------------------------------------------------------------
Level A Harassment-Auditory   50% of Animals        205 dB Total EFDL/
 Injury.                       Exposed Would         SEL.
                               Experience Ear-Drum
                               Rupture, Resulting
                               in Approximately
                               30% PTS.
Level B Harassment..........  Temporary Threshold   23 PSI Peak
                               Shift (NMFS Dual      Pressure.
                               Criterion).
Level B Harassment..........  Temporary Threshold   182 dB 1/3 Octave
                               Shift (NMFS Dual      Band EFDL/SEL.
                               Criterion).
Level B Harassment..........   Sub-TTS Behavioral   176 dB 1/3 Octave
                               Disruption.           Band EFDL/SEL.
------------------------------------------------------------------------


[[Page 3481]]


              Table 10.--Estimated Range for a Zone of Impact (ZOI) Distance for the EGTTR Ordnance
----------------------------------------------------------------------------------------------------------------
                                                                      Level B         Level B         Level B
                                                      Level A     harassment non- harassment non- harassment non-
                    Ordnance                        harassment    injurious (182   injurious (23  injurious (176
                                                  injurious (205    dB) EFD for    psi) for TTS     dB) EFD for
                                                    dB) EFD (m)       TTS (m)           (m)        behavior (m)
----------------------------------------------------------------------------------------------------------------
105-mm FU.......................................            0.79            11.1             216            22.1
105-mm TR.......................................            0.22             3.0              90             6.0
40-mm HE........................................            0.33             4.7             122             9.4
25-mm HE........................................            0.11             1.3              49            2.6
----------------------------------------------------------------------------------------------------------------
FU=Full-up; TR=Training Round; HE=High Explosive

    As mentioned previously, the EGTTR live fire events are continuous 
events with pauses during the firing usually well under a minute and 
rarely from 2 to 5 minutes. Live fire typically occurs within a 30 
minute time frame, including all ordnance fired: 25-mm (Phase I), 40-mm 
(Phase II), and 105-mm (Phase III), and where the 105-mm are fired as 
separate rounds with up to 30-second intervals, the 25-mm and the 40-mm 
are often fired in multiple bursts. These burst include multiple rounds 
(25 to 100) within a 10-to 20-second time frame. Eglin notes that even 
if the avoidance concept of animals evading the area once firing 
commences is not considered, an average swim speed (1.5 m/s) of animals 
would not allow sufficient time for new animals to re-enter the Level B 
harassment ZOI (23 psi) within the time frame of a single burst. As 
such, only the peak pressure of a single round is measured per burst 
and experienced at a given distance (49 m (Phase I), 122 m (Phase II)).
    For daytime firing it is assumed that the average swim speed per 
cetacean is approximately 3 knots or 1.5 m/sec. As a conservative 
scenario, Eglin assumes that there is one animal present within or near 
the 216-m ZOI (FU 105-mm round ZOI) which may be potentially ensonified 
within the 23-psi TTS exposure at the time that the 105-mm live firing 
begins. Density distributions have assumed an even distribution (or 
approximately 500 m (1640 ft) apart) of approximately 4.38 animals/km2 
(all species) for the approach of impact analyses for a take 
estimation. At this density distribution and typical swim speed, the 
next available cetacean would approach the perimeter of the 216-m ZOI 
(23-psi TTS ZOI) in approximately 5.5 minutes assuming a straight line 
path. With live fire events of the 105-mm occurring at a rate of 
approximately 2 rounds per minute, nearly one half (or 10 rounds) of 
the total 105-mm rounds (20 rounds) would potentially be expended 
within this 5.5 minute time frame. If the concept that marine mammals 
will evade an area once firing commences is not considered, an average 
swim speed (1.5 m/s) of animals would allow sufficient time for new 
animals to re-enter the 23-psi TTS impact area. Allowing for a 
potential 2 minute break in firing after 10 rounds are expended, it is, 
therefore, conservative and reasonable to assume that nearly 3 to 4 
individual animals may be potentially exposed to the 23-psi TTS sound 
level during a typical 20 round firing event. Therefore, the ZOI and 
Level B harassment take estimate calculations are based on the total 
number of rounds fired per year divided by 5, or approximately 20 
percent. This approach assumes that although single animals may be 
ensonified more than once due to the time required to exit the 23 psi 
TTS ZOI, animals are not considered to be ``taken'' more than once for 
the purposes of estimating take levels.
    Similarly, as a conservative approach for nighttime firing, Eglin 
assumes that there is one animal present within or near the 90-m ZOI 
(105-mm TR ZOI) which may be potentially ensonified within the 23-psi 
TTS exposure zone at the time that the 105-mm round live firing phase 
begins. Density distributions have assumed an even distribution of 
approximately 4.38 animals/km2 (all species) for the approach of impact 
analyses for estimation of take. At this density distribution and 
typical swim speed, the next available cetacean would approach the 
perimeter of the 90-m ZOI (23-psi TTS ZOI) in approximately 5.5 minutes 
or the same time as with the 216-m ZOI (used for the 105-mm FU). The 
difference is the amount of time it takes the animal to exit the ZOI or 
in other words, how long the animal resides within the ZOI on a 
straight line path. With live fire events of the 105-mm round occurring 
at a rate of approximately 2 rounds per minute, nearly one half (or 10 
rounds) of the total 105-mm rounds (20 rounds) would potentially be 
expended within this 5.5-minute time frame. If the concept that marine 
mammals will evade an area once firing commences is not considered, an 
average swim speed (1.5 m/s) of animals would allow sufficient time for 
new animals to re-enter the 23-psi TTS impact area. Allowing for a 
potential 2-min break in firing after 10 rounds are expended, it is 
conservative and reasonable to assume that nearly 3 to 4 individual 
animals may be potentially exposed to the 23-psi TTS sound level during 
a typical 20 round firing event. Therefore, the ZOI and take estimate 
calculations are based on the total number of rounds fired per year 
divided by 5, or approximately 20 percent. This approach assumes that, 
although single animals may be ensonified more than once due to the 
time required to exit the 23-psi TTS ZOI, individual animals are not 
considered to be ``taken'' more than once for the purposes of 
estimating take levels.
    Based on this discussion, Table 11 provides Eglin's estimates of 
the annual number of marine mammals, by species, potentially affected 
by the gunnery mission noise. It should be noted that these estimates 
are derived without consideration of the effectiveness of Eglin's 
proposed mitigation measures (except use of the TR), which are 
discussed next.
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Mitigation

    Eglin AFB will employ a number of mitigation measures in an effort 
to substantially decrease the number of animals potentially affected. 
Eglin AFB is committed to assessing the mission activity for 
opportunities to provide operational mitigations (i.e., ramping up and 
using nighttime training rounds), while potentially sacrificing some 
mission flexibility. Even though the forfeit of some mission aspects 
may improve overall mitigation effectiveness, Eglin AFB believes that 
the gunnery mission itself does not accommodate typical mitigation, 
such as independent aerial or vessel surveys. As such, the use of 
conservative analyses serves in this application as a functional 
mitigation technique.

Visual Mitigation

    Areas to be used in gunnery missions will be visually monitored for 
marine mammal presence from the AC-130 aircraft prior to commencement 
of the mission. If the presence of one or more marine mammals is 
detected, the target area will be avoided. In addition, monitoring will 
continue during the mission. If marine mammals are detected at any 
time, the mission will be either immediately halted and/or relocated as 
necessary or suspended until the marine mammal has left the area. While 
visual monitoring at a height of 1000-1500 ft (305-457 m), is expected 
to be effective, standard visual monitoring is not very effective at 
20,000 ft (6.1 km) unless there is a large pod of marine mammals. 
Daytime and nighttime visual monitoring will be supplemented with IR 
and TV monitoring and nighttime visual monitoring, which is generally 
considered to be ineffective at any height, has been altered to 
incorporate the TR.

Development of the TR

    The largest type of ammunition used during typical gunnery missions 
is the 105-mm (4.13-in) round containing 4.7 lbs (2.1 kg) of HE. This 
is several times more HE than that found in the next largest round (40 
mm/1.57 in). As a mitigation technique, the Air Force developed a 105-
mm TR that contains only 0.35 lb (0.16 kg) of HE. The TR was developed 
to significantly reduce the effects of nighttime operations, when 
visual surveying for marine mammals is of limited effectiveness. Use of 
the TR at night dramatically reduces the risk of harassment, and Eglin 
anticipates a 96 percent reduction in impact by using the 105-mm TR.

Ramp-Up

    Eglin proposes to ramp-up activities by beginning with the 
smallest, or the round having least impact and proceeding to 
subsequently larger size rounds (in this case the lowest caliber of 
munition up to the 105-mm round). Theoretically, this allows animals to 
perceive steadily increasing sounds and to react, if necessary. 
Alerting animals in advance of injurious sound waves by transmitting 
low-power ``warning'' signals a short time before the action provides a 
safeguard where there is a potential for the risk of injury.

Other Mitigation

    NMFS has recommended additional measures to protect marine life as 
part of its section 7 consultations under the Endangered Species Act 
(ESA) with Eglin. NMFS proposes to continue the following requirements 
under an IHA:
    (1) Test firing will be conducted only when sea surface conditions 
are sea state 3 or less on the Beaufort scale.
    (2) Prior to each firing event, the aircraft crew will conduct a 
visual survey of the 5-nm (9.3-km) wide prospective target area to 
attempt to sight any protected species that may be present (e.g., 
marine mammals, sea turtles, and Sargassum rafts). The AC-130 gunship 
will conduct at least two complete orbits at a minimum safe airspeed 
around a prospective target area at a maximum altitude of 1,500 ft (457 
m), with a recommended altitude of 1,000 ft (305 m). The AC-130 will 
then continue orbiting the selected target point as it climbs to the 
mission testing altitude. During the low altitude orbits and the climb 
to testing altitude, aircraft crew will visually scan the sea surface 
within the aircraft's orbit circle for the presence of listed and non-
listed marine mammals and sea turtles. Primary emphasis for the surface 
scan will be upon the flight crew in the cockpit and personnel 
stationed in the tail observer bubble and starboard viewing window. The 
AC-130's optical and electronic sensors will also be employed for 
target clearance. If any marine mammals are detected within the AC-
130's orbit circle, either during initial clearance or after 
commencement of live firing, the aircraft will relocate to another 
target and repeat the clearance procedures. If multiple firing events 
occur within the same flight, these clearance procedures will precede 
each event.
    (3) The aircrews of the air-to-ground gunnery missions will 
initiate location and surveillance of a suitable firing site 
immediately after exiting U.S. territorial waters (> 12 nm). This would 
potentially restrict most gunnery activities to the shallower 
continental shelf waters of the GOM where marine mammal densities are 
typically lower, and thus potentially avoid the slope waters where the 
more sensitive species (e.g., endangered sperm whales) typically 
reside.
    (4) Observations will be accomplished using all-light TV, IR 
sensors, and visual means for at least 60 minutes prior to each 
exercise.
    (5) Aircrews will utilize visual, night vision goggles (NVGs), and 
other onboard sensors to search for marine mammals and sea turtles 
while performing area clearance procedures during night-time pre-
mission activities.
    (6) If any marine mammals, sea turtles, or Sargassum rafts are 
sighted during pre-mission surveys or during the mission, activities 
will be immediately halted until the area is clear of all protected 
marine species for 60 minutes or the mission location relocated and 
resurveyed.

Monitoring and Reporting

    NMFS proposes to require Eglin to monitor the target area for 
impacts to marine mammals and to report on its activities on an annual 
basis. Accordingly, NMFS' Biological Opinion on this action has 
recommended certain monitoring measures to protect marine life. NMFS 
proposes to require the same requirements under an IHA:
    (1) Eglin will develop and implement a marine species observer-
training program in coordination with NMFS. This program will primarily 
provide expertise to Eglin's testing and training community in the 
identification of protected marine species during surface and aerial 
mission activities in the GOM. Additionally, the A-S gunnery mission 
aircrews will participate in the proposed species observation training. 
As a result, designated crew members will be selected to receive 
training as protected species observers. Observers will receive 
training in protected species survey and identification techniques 
through a NMFS-approved training program.
    (2) Aircrews will initiate the post-mission clearance procedures 
beginning at the operational altitude of approximately 15,000 to 20,000 
ft (4572 to 6096 m) AGL, and initiating a spiraling descent down to an 
observation altitude of approximately 1,500 ft. (457 m) AGL. Rates of 
descent will occur over a 3 to 5 minute time frame.
    (3) Eglin will track their use of the EGTR for test firing missions 
and protected resources (marine mammal/

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sea turtle) observations, through the use of mission reporting forms.
    (4) A-S gunnery missions will coordinate with next-day flight 
activities to provide supplemental post-mission observations for marine 
mammals and sea turtles in the operations area of the previous day.
    (5) A summary annual report of marine mammal/sea turtle 
observations and A-S activities will be submitted to the NMFS Southeast 
Regional Office (SERO) and the Office of Protected Resources by January 
31 of each year.
    (6) If any marine mammal or sea turtle is observed or detected to 
be deceased prior to testing, or injured or killed during live fire, a 
report must be made to the NMFS by the following business day.
    (7) Any unauthorized takes of marine mammals (i.e., serious injury 
or mortality) must be immediately reported to the NMFS representative 
and to the respective stranding network representative.

ESA

    Consultation under section 7 of the ESA on Eglin was completed on 
December 18, 1998. Consultation was reinitiated by Eglin AFB with NMFS 
on February 13, 2003 and concluded on October 20, 2004. A NMFS 
Biological Opinion issued on October 20, 2004, concluded that the A-S 
gunnery exercises in the EGTTR are unlikely to jeopardize the continued 
existence of species listed under the ESA that are within the 
jurisdiction of NMFS or destroy or adversely modify critical habitat. 
The proposed IHA to Eglin is a federal action; accordingly, prior to 
issuance of an IHA, NMFS will determine whether additional consultation 
is necessary.

NEPA

    In November, 2002, the U.S. Air Force prepared a Final Programmatic 
EA for the activities on the EGTTR. NMFS is reviewing this EA and will 
either adopt it or prepare its own NEPA document before making a 
determination on the issuance of an IHA and rulemaking. A copy of 
Eglin's Final PEA for this activity is available upon written request 
(see ADDRESSES).

Preliminary Conclusions

    NMFS has preliminarily determined that the A-S gunnery exercises 
that are conducted by Eglin AFB in the EGTTR in the northern GOM, is 
unlikely to result in the mortality or serious injury of marine mammals 
(see Table 11) and, would result in, at worst, a temporary elevation in 
hearing sensitivity (known as TTS). NMFS estimates that up to 271 
marine mammals may incur this form of Level B harassment annually. 
Also, these gunnery exercises have the potential to result in a 
temporary modification in behavior by marine mammals. NMFS estimates 
that up 25 marine mammals may experience a behavioral response to these 
exercises during the time-frame of an IHA. While behavioral 
modifications may be made by these species as a result of these air-to-
surface gunnery activities, any behavioral change is expected to result 
in no more than a negligible impact on the affected species. In 
addition, the potential for temporary hearing impairment is very low 
and will be mitigated to the lowest level practicable through the 
incorporation of the mitigation measures mentioned in this document.

Proposed Authorization

    NMFS proposes to issue an IHA to Eglin AFB for conducting A-S 
gunnery exercises within the EGTTR in the northern GOM provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated. NMFS has preliminarily determined that the proposed 
activity is unlikely to result in serious injury or mortality to marine 
mammals; would have no more than a negligible impact on the affected 
marine mammal stocks; and would not have an unmitigable adverse impact 
on the availability of stocks for subsistence uses.

Information Solicited

    NMFS requests interested persons to submit comments and information 
concerning this proposed IHA and Eglin's IHA/LOA application for 
incidental take regulations (see ADDRESSES). As this document is being 
published in conformance with NMFS regulations implementing the 
incidental take program (50 CFR 104(b)(1)(ii)), NMFS requests 
interested persons to submit comments, information, and suggestions 
concerning both the request and the structure and content of future 
regulations to allow this taking. As requested by 50 CFR 216.105, NMFS 
will consider this information in developing proposed regulations to 
authorize the taking. If NMFS proposes regulations to allow this take, 
interested parties will be provided with a 45-day comment period within 
which to submit comments on the proposed rule.

    Dated: January 17, 2006.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 06-595 Filed 1-20-06; 8:45 am]
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