[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Notices]
[Pages 20029-20032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7897]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH08


Taking of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Naval Surface Warfare Center Panama 
City Division Mission Activities

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

ACTION:  Notice; receipt of applications for letters of authorization; 
request for comments and information.

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SUMMARY:  NMFS has received requests from the U.S. Navy (Navy) for 
authorizations for the take of marine

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mammals incidental to Naval Surface Warfare Center Panama City Division 
(NSWC PCD) mission activities for the period beginning July 10, 2009 
and ending July 9, 2014. Pursuant to the implementing regulations of 
the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt 
of the Navy's requests for the development and implementation of 
regulations governing the incidental taking of marine mammals and 
inviting information, suggestions, and comments on the Navy's 
applications and requests.

DATES:  Comments and information must be received no later than May 14, 
2008.

ADDRESSES: Comments on the applications should be addressed to P. 
Michael Payne, Chief, Permits, Conservation and Education Division, 
Office of Protected Resources, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address 
for providing email comments is [email protected]. NMFS is not 
responsible for e-mail comments sent to addresses other than the one 
provided here. Comments sent via e-mail, including all attachments, 
must not exceed a 10-megabyte file size. Copies of the Navy's 
application may be obtained by writing to the address specified above 
(See ADDRESSES), telephoning the contact listed below (see FOR FURTHER 
INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. A draft Environmental 
Impact Statement/Overseas Environmental Impact Statement - NSWC PCD 
Mission Activities (EIS/OEIS) prepared by the Navy can be viewed at: 
http://nswcpc.navsea.navy.mil/Environment-Documents.htm.

FOR FURTHER INFORMATION CONTACT:  Shane Guan, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 137.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
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) if certain findings are made and regulations are issued or, if 
the taking is limited to harassment, notice of a proposed authorization 
is provided to the public for review.
    Authorization for incidental takings may be granted if NMFS finds 
that the taking will have no more than a negligible impact on the 
species or stock(s), 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 
mitigation, 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.
    With respect to military readiness activities, the MMPA defines 
``harassment'' as:
    (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 April 3, 2008, NMFS received an application from the Navy 
requesting an authorization for the take of 15 species/stocks of 
cetacean incidental to the proposed mission activities in the NSWC PCD 
study area over the course of 5 years. These mission activities are 
classified as military readiness activities. The purpose of the 
proposed mission activities is to enhance NSWC PCD's capability and 
capacity to meet littoral and expeditionary warfare requirements by 
providing Research, Development, Test, and Evaluation (RDT&E) and in 
service engineering for expeditionary maneuver warfare, operations in 
extreme environments, mine warfare, maritime operations, and coastal 
operations. The Navy states that these training activities may cause 
various impacts to marine mammal species in the NSWC PCD study area. 
The Navy requests an authorization to take individuals of these 
cetacean species by Level B Harassment. Further, the Navy requests an 
authorization to take 1 individual each of bottlenose, Atlantic 
spotted, and pantropical spotted dolphins per year by injury, as a 
result of the proposed mission activities. Please refer to Tables 6-3, 
6-4, 6-6, 6-7, 6-8, and 6-9 of the LOA application for detailed 
information of the potential exposures from sonar exercises, 
detonations, and line charges (per year) for marine mammals in the NSWC 
PCD study area.

Specified Activities

    In the application submitted to NMFS, the Navy requests an 
authorization for take of marine mammals incidental to conducting 
mission activities within the NSWC PCD study area, which includes St. 
Andrew Bay (SAB) and military warning areas (areas within the Gulf of 
Mexico (GOM) subject to military operations) W-151 (includes Panama 
City Operating Area), W-155 (includes Pensacola Operating Area), and W-
470. NSWC PCD provides RDT&E and in-service support for expeditionary 
maneuver warfare, operations in extreme environments, mine warfare, 
maritime (ocean-related) operations, and coastal operations. A variety 
of naval assets, including ships, aircraft, and underwater systems 
support the mission activities for eight primary test operations that 
occur within or over the water environment up to the high water mark. 
These operations include air, surface, and subsurface operations, 
sonar, electromagnetic energy, laser, ordnance, and projectile firing. 
Among the aforementioned operations, those activities that have been 
identified in the past to have the potential to affect marine mammals 
include surface, sonar, ordnance, and projectile firing operations. The 
following paragraphs provide some descriptions of these activities. For 
detailed description of these proposed activities, please refer to the 
LOA application and the NSWC PCD EIS/OEIS.

Surface Operations

    A significant portion of NSWC PCD RDT&E relies on surface 
operations to successfully complete missions. Four subcategories make 
up the surface operations category. They include support activities, 
tows, deployment and recovery of equipment and systems development.
    The first subcategory is support activities, which are required by 
nearly all of the testing missions within the NSWC PCD study area. The 
size of these vessels varies in accordance with the test requirements 
and vessel availability. Often multiple surface crafts are required to 
support a single test event. Acting as a support platform for testing, 
these vessels are utilized to carry test equipment and personnel to and 
from the test sites and are also used to secure and monitor the 
designated test area. Normally, these vessels remain on site and return 
to port following the completion of the test; occasionally, however, 
they remain on-station throughout the duration of the test cycle for 
guarding sensitive equipment in the

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water. Testing associated with these operational capabilities may 
include a single test event or a series of test events spread out over 
consecutive days or as one long test operation that requires multiple 
days to complete.
    The remaining subcategories of additional support include tows, 
deployment and recovery of equipment, and systems development. Tows are 
also conducted from ships at the NSWC PCD to test system functionality. 
Tow tests of this nature involve either transporting the system to the 
designated test area where it is deployed and towed over a pre-
positioned inert minefield or towing the system from NSWC PCD to the 
designated test area. Surface vessels are also utilized as a tow 
platform for systems that are designed to be deployed by helicopters. 
Surface vessels that are used in this manner normally return to port 
the same day. However, this is test dependent, and under certain 
circumstance (e.g., endurance testing), the vessel may be required to 
remain on site for an extended period of time. Finally, RDT&E 
activities also encompass testing of new, alternative, or upgraded 
hydrodynamics, and propulsion, navigational, and communication software 
and hardware systems.

Sonar Operations

    NSWC PCD sonar operations involve the testing of various sonar 
systems in the ocean and laboratory environment as a means of 
demonstrating the systems' software capability to detect, locate, and 
characterize mine-like objects under various environmental conditions. 
The data collected are used to validate the sonar systems' 
effectiveness and capability to meet the mission.
    The various sonar systems proposed to be tested within the NSWC PCD 
Study Area range in frequencies from 1 kilohertz (kHz) to 5 megahertz 
(MHz) (5,000 kHz). The source levels associated with some of the NSWC 
PCD sonar systems range from between 200 dB re 1 microPa-m to 250 dB re 
1 microPa-m. The sonar systems tested are typically part of a towed 
array or hull mounted to a vessel. Additionally, subsystems associated 
with an underwater unmanned vehicle (UUV) or surf zone crawler 
operation are included. Operating parameters of the sonar systems used 
at NSWC PCD can be found in Appendix A of the LOA application.
    Table 1-1 of the LOA application provides an overall summary of the 
total tempos associated with sonar operations for the proposed mission 
activities. The table includes number of hours of operation for mid-
frequency and high-frequency sonar testing activities for territorial 
and non-territorial waters, respectively.

Ordnance Operations

    Ordnance operations include live testing of ordnance of various net 
explosive weights and line charges.
(1) Ordnance
    Live testing would only be conducted after a system has 
successfully completed inert testing and an adequate amount of data has 
been collected to support the decision for live testing. Testing with 
live targets or ordnance would be closely monitored and uses the 
minimum number of live munitions necessary to meet the testing 
requirement. Depending on the test scenario, live testing may occur 
from the surf zone out to the outer perimeter of the NSWC PCD study 
area. The Navy requires the capability to conduct ordnance operations 
in shallow water to clear surf zone areas for sea-based expeditionary 
operations. The size and weight of the explosives used varies from 0.91 
to 272 kg (2 to 600 lb) trinitrotoluene (TNT) net explosive weight 
(NEW) depending on the test requirements. Detonation of ordnance with a 
NEW less than 34.5 kg (76 lb) would be conducted in territorial waters 
and detonations of ordnance with a NEW greater than 34.5 kg (76 lb) 
would be conducted in non-territorial waters.
(2) Line Charges
    Line charges consist of a 107 m (350 ft) detonation cord with 
explosives lined from one end to the other end in 2 kg (5 lb) 
increments and total 794 kg (1,750 lb) of NEW. The charge is considered 
one explosive source that has multiple increments that detonate at one 
time. The Navy proposes to conduct up to three line charge events in 
the surf zone. Line charge testing would only be conducted in the surf 
zone along the portion of Santa Rosa Island that is part of Eglin Air 
Force Base (AFB). The Navy must develop a capability to safely clear 
surf zone areas for sea-based expeditionary operations. To that end, 
NSWC PCD occasionally performs testing on various surf zone clearing 
systems that use line charges to neutralize mine threats. These tests 
would be typically conducted from a surface vessel (e.g., Landing Craft 
Air Cushion) and would be deployed using either a single or dual rocket 
launch scenario. This would be a systems development test and only 
assesses the in-water components of testing.
    Table 1-1 of the LOA application provides an overview of ordnance 
testing at NSWC PCD.

Projectile Firing Operations

    Current projectile firing includes 50 rounds of 30-mm ammunition 
each year within the NSWC PCD study area. The capability of utilizing 
gunfire during test operations was identified as a future requirement. 
Rounds (individual shots) identified include 5 inch, 20 mm, 25 mm, 30 
mm, 40 mm, 76 mm, and various small arms ammunition (i.e., standard 
target ammo). Projectiles associated with these rounds are mainly 
armor-piercing projectiles. The 5-in round is a high explosive 
projectile containing approximately 3.63 kg (8 lbs) of explosive 
material. All projectile firing would occur over non-territorial 
waters.

Proposed Monitoring and Mitigation Measures

    The NSWC PCD proposed a list of monitoring and mitigation measures 
to reduce any potential to marine mammals.
    The Navy would provide training to marine observers and would 
establish quickly and effectively communication within the command 
structure to facilitate implementation of protective measures if marine 
mammals are spotted during the operations. Marine observers would have 
at least one set of binoculars available for each person to aid in the 
detection of marine mammals. Marine observers would scan the water from 
the ship to the horizon and be responsible for all observations in 
their sector. Observers would be responsible for informing the Test 
Director of any marine mammal that is sighted. Test Directors would, as 
appropriate to the event, make use of marine species detection cues and 
information to limit interaction with marine species to the maximum 
extent possible, consistent with the safety of the ship. A summary of 
specific monitoring and mitigation measures is provided below:

Mitigation Measures for Surface Operations

    For surface activities, visual surveys would be conducted for all 
test operations to reduce the potential for vessel collisions with a 
protected species. If necessary, the ship's course and speed would be 
adjusted. Other mitigation measures include maintaining alert vessel 
lookouts when traveling at high speeds to reduce the potential for 
collision to occur with a marine mammal.

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Mitigation Measures for Sonar Operations

    For sonar operations, in general, the Navy will operate sonar at 
the lowest practicable level, not to exceed source level of 235 dB re 1 
microPa, except as required to meet RDT&E objectives.
    Prior to start up or restart of active sonar, operators will check 
that the safety zone radii around the sound system are clear of marine 
mammals. Helicopters will observe/survey the vicinity of an NSWC PCD 
RDT&E activity for 10 minutes before the first deployment of active 
(dipping) sonar in the water.
    During operations involving mid-frequency active (MFA) sonar, 
personnel would use all available sensor and optical systems (such as 
night vision goggles to aid in the detection of marine mammals). Navy 
aircraft participating would conduct and maintain, when operationally 
feasible, required, and safe, surveillance for marine mammal species as 
long as it does not violate safety constraints or interfere with the 
accomplishment of primary operational duties.
    Marine mammal detections by aircraft will be immediately reported 
to the Test Director. This action will occur when it is reasonable to 
conclude that the course of the ship will likely approach marine 
mammals within the safety radii.
    When marine mammals are detected by any means (aircraft, shipboard 
lookout, or acoustically) within 914 m (1,000 yd) of the sonar system, 
the platform will limit active transmission levels to at least 6 
decibels (dB) below normal operating levels. Vessels will continue to 
limit maximum transmission levels by this 6-dB factor until the animal 
has been seen to leave the area, has not been detected for 30 minutes, 
or the vessel has transited more than 914 m (1,000 yd) beyond the 
location of the last detection.
    Should a marine mammal be detected within or closing to inside 457 
m (500 yd) of the sonar dome, active sonar transmissions will be 
limited to at least 10 dB below the equipment's normal operating level. 
Platforms will continue to limit maximum ping levels by this 10-dB 
factor until the animal has been seen to leave the area, has not been 
detected for 30 minutes, or the vessel has transited more than 914 m 
(1,000 yd) beyond the location of the last detection.
    Should the marine mammal be detected within or closing to inside 
183 m (200 yd) of the sonar dome, active sonar transmissions will 
cease. Sonar will not resume until the animal has been seen to leave 
the area, has not been detected for 30 minutes, or the vessel has 
transited more than 914 m (1,000 yd) beyond the location of the last 
detection.
    If the need for power-down should arise, Navy staff will follow the 
requirements as though they were operating at 235 dB, the normal 
operating level (i.e., the first power-down will be to 229 dB, 
regardless of the level above 235 dB the sonar was being operated).

Mitigation Measures for Detonations and Projectiles

    No detonations over 34 kg (75 lb) of NEW would be conducted in 
territorial waters. However, this does not apply to the line charge 
detonation, which is a 107 m (350 ft) detonation cord with explosives 
lined from one end to the other end in 2 kg (5 lb) increments and total 
794 kg (1,750 lb) of NEW. This charge is considered one explosive 
source that has multiple increments that detonate at one time.
    The number of live mine detonations would be minimized and the 
smallest amount of explosive material possible to achieve test 
objectives will be used.
    Visual surveys and aerial surveys will be conducted for all test 
operations that involve detonation events with large NEW. Any protected 
species sighted would be avoided.
    Line charge tests would not be conducted during the nighttime.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). All 
information, suggestions, and comments related to the Naval Surface 
Warfare Center Panama City Division's request and NMFS' potential 
development and implementation of regulations governing the incidental 
taking of marine mammals by the Navy's mission activities will be 
considered by NMFS in developing, if appropriate, the most effective 
regulations governing the issuance of letters of authorization.

    Dated: April 8, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E8-7897 Filed 4-11-08; 8:45 am]
BILLING CODE 3510-22-S