[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32398-32416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13748]



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DEPARTMENT OF COMMERCE



National Oceanic and Atmospheric Administration



RIN 0648-XT25




Taking of Marine Mammals Incidental to Specified Activities; U.S. 

Marine Corps Training Exercises at Air Station Cherry Point



AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), Commerce.



ACTION: Notice; proposed incidental harassment authorization; request 

for comments.



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SUMMARY: NMFS has received an application from the U.S. Marine Corps 

(USMC) requesting authorization to take marine mammals incidental to 

various training exercises at Marine Corps Air Station (MCAS) Cherry 

Point Range Complex, North Carolina. The USMC's activities are 

considered military readiness activities pursuant to the Marine Mammal 

Protection Act (MMPA), as amended by the National Defense Authorization 

Act (NDAA) for Fiscal Year 2004. Pursuant to the MMPA, NMFS is 

requesting comments on its proposal to issue an incidental harassment 

authorization (IHA) to the USMC to take bottlenose dolphins (Tursiops 

truncatus), by Level B harassment only, from specified activities.



DATES: Comments and information must be received no later than July 8, 

2010.



ADDRESSES: Comments on the application should be addressed to 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 e-mail 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.



[[Page 32399]]



    Instructions: All comments received are a part of the public record 

and may be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm 

without change. All Personal Identifying Information (for example, 

name, address, etc.) voluntarily submitted by the commenter may be 

publicly accessible. Do not submit Confidential Business Information or 

otherwise sensitive or protected information.

    A copy of the application containing a list of the references used 

in this document may be obtained by writing to the address specified 

above, telephoning the contact listed below (see FOR FURTHER 

INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The following associated 

document is also available at the same Internet address: Environmental 

Assessment MCAS Cherry Point Range Operations (USMC 2009). Documents 

cited in this notice may also be viewed, by appointment, during regular 

business hours, at the aforementioned address.



FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected 

Resources, NMFS, (301) 713-2289.



SUPPLEMENTARY INFORMATION:



Background



    Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, upon request, the incidental, but 

not intentional, taking of marine mammals by U.S. citizens who engage 

in a specified activity (other than commercial fishing) 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 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 certain 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.''

    Section 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. 

Section 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 marine 

mammals. Within 45 days of the close of the comment period, NMFS must 

either issue or deny the authorization.

    The NDAA (Pub. L. 108-136) removed the ``small numbers'' and 

``specified geographical region'' limitations and amended the 

definition of ``harassment'' as it applies to a ``military readiness 

activity'' to read as follows (Section 3(18)(B) of the MMPA):



    (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 August 6, 2009, NMFS received an application from the USMC 

requesting an IHA for the harassment of Atlantic bottlenose dolphins 

(Tursiops truncatus) incidental to air-to-surface and surface-to-

surface training exercises conducted around two bombing targets (BTs) 

within southern Pamlico Sound, North Carolina, at MCAS Cherry Point. 

NMFS requested additional information regarding the specified 

activities and received responses from the USMC on October 29, 2009, 

completing the application.

    Weapon delivery training would occur at two BTs: Brant Island 

Target (BT-9) and Piney Island Bombing Range (BT-11). Training at BT-9 

would involve air-to-surface (from aircraft to in-water targets) and 

surface-to-surface (from vessels to in-water targets) warfare training, 

including bombing, strafing, special (laser systems) weapons; surface 

fires using non-explosive and explosive ordnance; and mine laying 

exercises (inert). Training at BT-11 would involve air-to-surface 

exercises to provide training in the delivery of conventional (non-

explosive) and special (laser systems) weapons. Surface-to-surface 

training by small military watercraft would also be executed here. The 

types of ordnances proposed for use at BT-9 and BT-11 include small 

arms, large arms, bombs, rockets, missiles, and pyrotechnics. All 

munitions used at BT-11 are inert, practice rounds. No live firing 

occurs at BT-11. Training for any activity may occur year-round. Active 

sonar is not a component of these specified training exercises; 

therefore, discussion of marine mammal harassment from active sonar 

operations is not included within this notice.



Description of the Specified Activity



    The USMC is requesting authorization to harass bottlenose dolphins 

from ammunition firing conducted at two BTs within MCAS Cherry Point. 

The BTs are located at the convergence of the Neuse River and Pamlico 

Sound, North Carolina. BT-9 is a water-based target located 

approximately 52 km (28 nautical miles [nm]) northeast of MCAS Cherry 

Point. The BT-9 target area ranges in depth from 1.2 m to 6.1 m, with 

the shallow areas concentrated along the Brandt Island Shoal (which 

runs down the middle of the restricted area in a northwest to southeast 

orientation). The target itself consists of three ship hulls grounded 

on Brant Island Shoals, located approximately 4.8 km (3 miles [mi]) 

southeast of Goose Creek Island. Inert (non-explosive) ordnance up to 

454 kilograms (kg) (1,000 lbs) and live (explosive) ordnance up to 45.4 

kg (100 lbs) TNT equivalent, including ordnance released during 

strafing, are authorized for use at this target range. The target is 

defined by a 6 statute-mile (SM) diameter prohibited area designated by 

the U.S. Army Corps of Engineers, Wilmington District (33 CFR 334.420). 

Non-military vessels are not permitted within the prohibited area, 

which is delineated by large signs located on pilings surrounding the 

perimeter of the BT. BT-9 also provides a mining exercise area; 

however, all mine exercises are simulation only and do not involve 

detonations. BT-9 standard operating procedures limit live ordnance 

deliveries to a maximum explosive weight of 100 lbs TNT equivalent. 

Based on 2007 data, the USMC would conduct approximately 1,539 

aircraft-based and 165 vessel-based sorties, annually, at BT-9. The 

standard sortie consists of two aircraft per bombing run or an average 

of two and maximum of six vessels.

    BT-11 is a 50.6 square kilometers (sq km) (19.5 square miles [sq 

mi]) complex of land- and water-based targets on Piney Island. The BT-

11 target area ranges in depth from 0.3 m along the shoreline to 3.1 m 

in the center of Rattan Bay (BA 2001). The in-water stationary targets 

of BT-11 consist of a barge and patrol (PT) boat located in roughly the 

center of Rattan Bay. The barge target is approximately 135 ft by 40 ft 

in dimension. The PT boat is approximately 110 ft by 35 ft in



[[Page 32400]]



dimension. Water depths in the center of Rattan Bay are estimated as 

2.4 to 3 m (8 to 10 ft) with bottom depths ranging from 0.3 to 1.5 m (1 

to 5 ft) adjacent to the shoreline of Piney Island. A shallow ledge, 

with substrate expected to be hard-packed to hard bottom, surrounds 

Piney Island. No live firing occurs at BT-11; all munitions used are 

inert, non-explosive practice rounds. Only 36 percent of all munitions 

fired at BT-11 occur over water; the remaining munitions are fired to 

land based targets on Piney Island. Based on 2007 data, the USMC would 

conduct approximately 6,727 aircraft-based and 51 vessel-based sorties, 

annually, at BT-11.

    All inert and live-fire exercises at MCAS Cherry Point ranges are 

conducted so that all ammunition and other ordnances strike and/or fall 

on the land or water based target or within the existing danger zones 

or water restricted areas. A danger zone is a defined water area that 

is closed to the public on an intermittent or full-time basis for use 

by military forces for hazardous operations such as target practice and 

ordnance firing. A water restricted area is a defined water area where 

public access is prohibited or limited in order to provide security for 

Government property and/or to protect the public from the risks of 

injury or damage that could occur from the government's use of that 

area (33 CFR 334.2). Surface danger zones are designated areas of 

rocket firing, target practice, or other hazardous operations (33 CFR 

334.420). The surface danger zone (prohibited area) for BT-9 is a 4.8 

km radius centered on the south side of Brant Island Shoal. The surface 

danger zone for BT-11 is a 2.9 km radius centered on a barge target in 

Rattan Bay.

    According to the application, the USMC is requesting take of marine 

mammals incidental to specified activities at MCAS Cherry Point Range 

Complex, located within Pamlico Sound, North Carolina. These activities 

include gunnery; mine laying; bombing; or rocket exercises and are 

classified into two categories here based on delivery method: (1) 

Surface-to-surface gunnery and (2) air-to-surface bombing. Exercises 

may occur year round, day or night (approximately 15 percent of 

training occurs at night).



Surface-to-Surface Gunnery Exercises



    Surface-to-surface fires are fires from boats at sea to targets at 

sea. These can be direct (targets are within sight) or indirect 

(targets are not within sight). Gunnery exercise employing only direct 

fire is the only category of surface-to-surface activity currently 

conducted within the MCAS Cherry Point BTs. An average of two and 

maximum of six small boats (24-85 ft), or fleet of boats, typically 

operated by Special Boat Team personnel, use a machine gun to attack 

and disable or destroy a surface target that simulates another ship, 

boat, swimmer, floating mine or near shore land targets. Vessels travel 

between 0-20 kts with an average of two vessels actually conducting 

surface-to-surface firing activities. Typical munitions are 7.62 

millimeter (mm) or .50 caliber (cal) machine guns; and/or 40 mm Grenade 

machine guns. This exercise is usually a live-fire exercise, but at 

times blanks may be used so that the boat crews can practice their ship 

handling skills. The goal of training is to hit the targets; however, 

some munitions may bounce off the targets and land in the water or miss 

the target entirely. Additionally, G911 Concussion hand grenades (inert 

and live) are used; however, these are not aimed at targets, as the 

goal is to learn how to throw them into the water.

    The estimated amount of munitions expended at BT-9 and BT-11 during 

this training can be found in Table 1 below. In 2007, a total of 216 

boat sorties were conducted at BT-9 and BT-11 year round with equal 

distribution of training effort throughout the seasons. Live fires 

constitute approximately 90 percent of all surface-to-surface gunnery 

events. The majority of sorties originated and practiced at BT-9 as no 

live fire is conducted at BT-11. The USMC has indicated a comparable 

number of sorties would occur throughout the IHA timeframe. There is no 

specific schedule associated with the use of ranges by the small boat 

teams. However, exercises tend to be scheduled for 5-day blocks with 

exercises at various times throughout that timeframe. There is no 

specific time of year or month training occurs as variables such as 

deployment status, range availability, and completion of crew specific 

training requirements influence schedules.

    A number of different types of boats are used during surface-to-

surface exercises depending on the unit using the boat and their 

mission and include versions of Small Unit River Craft, Combat Rubber 

Raiding Craft, Rigid Hull Inflatable Boats, Patrol Craft. They are 

inboard or outboard, diesel or gasoline engines with either propeller 

or water jet propulsion. Boat crews approach, at a maximum of 20 kts, 

and engage targets simulating other boats, swimmers, floating mines, or 

near shore land targets with 7.62 mm or .50 cal machine guns; 40 mm 

grenade machine guns; or M3A2 Concussion hand grenades (approximately 

200, 800, 10, and 10 rounds respectively). Vessels typically travel in 

linear paths and do not operate erratically. Other vessels may be 

located within the BTs; however, these are support craft and do not 

participate in munitions expenditures. The purpose of the support craft 

is to remotely control High Speed Maneuvering Surface Targets (HSMSTs) 

or to conduct maintenance on electronic equipment located in the towers 

at BT-9. Support craft are typically anchored or tied to marker pilings 

during HSMST operations or tied to equipment towers. When underway, 

vessels do not typically travel faster than 12-18 kts or in an erratic 

manner.



      Table 1--Type and Amount of Munitions Expended at BT-9 and BT-11 During Surface-to-Surface Exercises

----------------------------------------------------------------------------------------------------------------

                                                 Annual No.                                           Munitions

                     Range                       of sorties              Munitions type                expended

                                                    \1\                                                annually

----------------------------------------------------------------------------------------------------------------

BT-9..........................................          165  5.56 mm...............................        1,468

                                                ...........  7.62 mm...............................      218,500

                                                ...........  .50 cal...............................      166,900

                                                ...........  40 mm Grenade--Inert..................       15,734

                                                ...........  40 mm Grenade--Live (HE)..............        9,472

                                                ...........  G911 Grenade..........................          144

BT-11.........................................           51  7.62 mm...............................       44,100

                                                ...........  .40 cal...............................        4,600

                                                ...........  40 mm Grenade--Inert..................        1,517



[[Page 32401]]



 

                                                ...........  40 mm Illumination--Inert.............            9

----------------------------------------------------------------------------------------------------------------

\1\ Sorties are from FY 2007 CURRS data.



Air-to-Surface



    Air-to-surface training involves ordnance delivered from aircraft 

and aimed at targets on the water's surface or on land in the case of 

BT-11. A description of the types of targets used at MCAS Cherry Point 

is provided in the section on BTs above. There are four types of air-

to-surface activities conducted within the MCAS Cherry Point BTs: Mine 

laying; bombing; gunnery or rocket exercises which are carried out via 

fixed wing or rotary wing aircraft.

Mine Laying Exercises

    Mine Warfare (MIW) includes the strategic, operational, and 

tactical use of mines and mine countermine measures. MIW is divided 

into two basic subdivisions: (a) The laying of mines to degrade the 

enemy's capabilities to wage land, air, and maritime warfare, and (b) 

the countering of enemy-laid mines to permit friendly maneuver or use 

of selected land or sea areas (DoN, 2007). MCAS Cherry Point would only 

engage in mine laying exercises as described below. No detonations of 

any mine device are involved with this training.

    During mine laying, a fixed-wing or maritime patrol aircraft (P-3 

or P-8) typically drops a series of about four inert mine shapes in an 

offensive or defensive pattern, making multiple passes along a pre-

determined flight azimuth, and dropping one or more shapes each time. 

Mine simulation shapes include MK76, MK80 series, and BDU practice 

bombs ranging from 25 to 2,000 pounds in weight. There is an attempt to 

fly undetected to the area where the mines are laid with either a low 

or high altitude tactic flight. The shapes are scored for accuracy as 

they enter the water and the aircrew is later debriefed on their 

performance. The training shapes are inert (no detonations occur) and 

expendable. Mine laying operations are regularly conducted in the water 

in the vicinity of BT-9.

Bombing Exercises

    The purpose of bombing exercises is to train pilots in destroying 

or disabling enemy ships or boats. During training, fixed wing or 

rotary wing aircraft deliver bombs against surface maritime targets at 

BT-9 or BT-11, day or night, using either unguided or precision-guided 

munitions. Unguided munitions include MK-76 and BDU-45 inert training 

bombs, and MK-80 series of inert bombs (no cluster munitions 

authorized). Precision-guided munitions consist of laser-guided bombs 

(inert) and laser-guided training rounds (inert). Typically, two 

aircraft approach the target (principally BT-9) from an altitude of 

approximately 914 m (3,000 ft) up to 4,572 m (15,000 ft) and, when on 

an established range, the aircraft adhere to designated ingress and 

egress routes. Typical bomb release altitude is 914 m (3,000 ft) for 

unguided munitions or above 4,572 m (15,000 ft) and in excess of 1.8 km 

(1 nm) for precision-guided munitions. However, the lowest minimum 

altitude for ordnance delivery (inert bombs) would be 152 m (500 ft).

    Onboard laser designators or laser designators from a support 

aircraft or ground support personnel are used to illuminate certified 

targets for use when using laser guided weapons. Due to target 

maintenance issues, live bombs have not been dropped at the BT-9 

targets for the past few years although these munitions are authorized 

for use. For the effective IHA timeframe, no live bombs would be 

utilized. Live rockets and grenades; however, have been expended at BT-

9.

    Air-to-Surface bombing exercises have the potential to occur on a 

daily basis. The standard sortie consists of two aircraft per bombing 

run. The frequency of these exercises is dependent on squadron level 

training requirements, deployment status, and range availability; 

therefore, there is no set pattern or specific time of year or month 

when this training occurs. Normal operating hours for the range are 

0800-2300, Monday through Friday; however, the range is available for 

use 365 days per year.

Rocket Exercises

    Rocket exercises are carried out similar to bombing exercises. 

Fixed- and rotary-wing aircraft crews launch rockets at surface 

maritime targets, day and night, to train for destroying or disabling 

enemy ships or boats. These operations employ 2.75-inch and 5-inch 

rockets.

    The average number of rockets delivered per sortie is approximately 

14. As with the bombing exercise, there is no set level or pattern of 

amount of sorties conducted.

Gunnery Exercises

    During gunnery training, fixed- and rotary-wing aircraft expend 

smaller munitions targeted at the BTs with the purpose of hitting them. 

However, some small arms may land in the water. Rotary wing exercises 

involve either CH-53, UH-1, CH-46, MV-22, or H-60 rotary-wing aircraft 

with mounted 7.62 mm or .50 cal machine guns. Each gunner expends 

approximately 800 rounds of 7.62 mm and 200 rounds of .50 cal 

ammunition in each exercise. These may be live or inert.

    Fixed wing gunnery exercises involve the flight of two aircraft 

that begin to descend to the target from an altitude of approximately 

914 meters (m) (3,000 feet [ft]) while still several miles away. Within 

a distance of 1,219 m (4,000 ft) from the target, each aircraft fires a 

burst of approximately 30 rounds before reaching an altitude of 305 m 

(1,000 ft), then breaks off and repositions for another strafing run 

until each aircraft expends its exercise ordnance allowance of 

approximately 250 rounds. In total, about 8-12 passes are made by each 

aircraft per exercise. Typically these fixed wing exercise events 

involve an F/A-18 and AH-1 with Vulcan M61A1/A2, 20 mm cannon; AV-8 

with GAU-12, 25 mm cannon.

Munition Descriptions

    A complete list of the ordnance authorized for use at BT-9 and BT-

11 can be found in Tables 2 and 3, respectively. There are several 

varieties and net explosive weights (for live munition used at BT-9) 

can vary according to the variety. All practice bombs are inert and 

used to simulate the same ballistic properties of service type bombs. 

They are manufactured as either solid cast metal bodies or thin sheet 

metal containers. Since practice bombs contain no explosive filler, a 

practice bomb signal cartridge (smoke) is used for visual observation 

of weapon target



[[Page 32402]]



impact. Practice bombs provide a low cost training device for pilot and 

ground handling crews. Due to the relatively small amount of explosive 

material in practice bombs (small signal charge), the availability of 

ranges for training is greatly increased.

    When a high explosive detonates, it is converted almost instantly 

into a gas at very high pressure and temperature. Under the pressure of 

the gases thus generated, the weapon case expands and breaks into 

fragments. The air surrounding the casing is compressed and shock 

(blast) wave is transmitted into it. Typical initial values for a high-

explosive weapon are 200 kilobars of pressure (1 bar = 1 atmosphere) 

and 5,000 degrees Celsius. There are five types of explosive sources 

used at BT-9: 2.75'' Rocket High Explosives, 5'' Rocket High 

Explosives, 30 mm High Explosives, 40 mm High Explosives, and G911 

grenades. No live munitions are used at BT-11.



                                 Table 2--Description of Munitions Used at BT-9

----------------------------------------------------------------------------------------------------------------

               Ordnance                      Description                      Net explosive weight

----------------------------------------------------------------------------------------------------------------

MK 76 Practice Bomb (inert)..........  25-pound teardrop-       (of signal cartridge) varies, maximum 0.083800

                                        shaped cast metal        lbs.

                                        bomb, with a bore tube

                                        for installation of a

                                        signal cartridge.

BDU 33 Practice Bomb (inert).........  Air Force MK 76          same as above.

                                        practice bomb.

BDU 48 Practice Bomb (inert).........  10-pound metal           same as above.

                                        cylindrical bomb body

                                        with a bore tube for

                                        installation of a

                                        signal cartridge.

BDU 45 Practice Bomb (inert).........  500-pound metal bomb     (of signal cartridges) total 0.1676 lbs.

                                        either sand or water

                                        filled. Two signal

                                        cartridges.

BDU 50 Practice Bomb (inert).........  500-pound metal bomb     same as above.

                                        either sand or water

                                        filled. Two signal

                                        cartridges.

MK 81 Practice Bomb (inert)..........  250-pound bomb.........  0

MK 82 Practice Bomb (inert)..........  500-pound bomb.........  0

MK 83 Practice Bomb (inert)..........  1000-pound bomb          0.1676 lbs.

                                        configured like BDU 45.

MK 84 Practice Bomb (inert) (special   2000-pound bomb          0.1676 lbs.

 exception use only).                   configured like BDU 45.

2.75-inch (inert)....................  Unguided 2.75 inch       0

                                        diameter rocket.

5-inch Zuni (inert)..................  Unguided 5 inch          0

                                        diameter rocket.

5-inch Zuni (live)...................  Unguided 5-inch          15 lbs.

                                        diameter rocket.

2.75wp (inert).......................  2.75-inch rocket         0

                                        containing white

                                        phosphorous.

2.75HE...............................  High Explosive, 2.75     4.8 lbs.

                                        inch rocket.

0.50 cal (inert).....................  Machine gun rounds.....  0

7.62 mm (inert)......................

20 mm (inert)........................

25 mm (inert)........................

30 mm (inert)........................

40 mm (inert)........................

25 mm HE (live)......................  High Explosive           0.269 lbs.

                                        Incendiary, Live

                                        machine gun rounds.

Self Protection Flare................  Aerial flare...........  0

Chaff................................  18-pound chaff canister  0

LUU-2................................  30-pound high intensity  0

                                        illumination flare.

Laser Guided Training Round (LGTR)     89-pound inert training  0

 (inert).                               bomblet.

----------------------------------------------------------------------------------------------------------------





             Table 3--Description of Munitions Used at BT-11

------------------------------------------------------------------------

             Ordnance                            Description

------------------------------------------------------------------------

MK 76 Practice Bomb...............  25-pound teardrop-shaped cast metal

                                     bomb body, with a bore tube for

                                     installation of a signal cartridge.

BDU 33 Practice Bomb..............  Air Force designation for MK 76

                                     practice bomb.

BDU 48 Practice Bomb..............  10-pound metal cylindrical bomb body

                                     with a bore tube for installation

                                     of a signal cartridge.

BDU 45 Practice Bomb..............  500-pound metal bomb body either

                                     sand or water filled. Configured

                                     with either low drag conical tail

                                     fins or high drag tail fins for

                                     retarded weapons delivery. Two

                                     signal cartridges installed.

MK 81 Practice Bomb...............  250-pound inert bomb.

MK 82 Practice Bomb...............  500-pound inert bomb.

2.75-inch.........................  Unguided 2.75 inch diameter rocket.

5-inch Zuni.......................  5 inch diameter rocket.

WP-2.75-inch......................  White phosphorous 7-pound rocket.

0.50 cal..........................  Inert machine gun rounds.

7.62 mm...........................

5.56 mm...........................

20 mm.............................

30 mm.............................

40 mm.............................

TOW...............................  Wire guided 56-pound anti-tank

                                     missile.

Self Protection Flare.............  Aerial flare.

SMD SAMS..........................  1.5-pound smoking flare.

LUU-2.............................  30-pound high-intensity illumination

                                     flare.

Laser Guided Training Round (LGTR)  89-pound inert training bomblet.

------------------------------------------------------------------------





[[Page 32403]]



    The amounts of all ordnance to be expended at BT-9 and BT-11 (both 

surface-to-surface and air-to-surface) are 897,932 and 1,109,955 

rounds, respectively (see Table 4 and 5 below).



                      Table 4--Amount of Live and Inert Munitions Expended at BT-9 per Year

----------------------------------------------------------------------------------------------------------------

                                                                 Proposed number of explosive

           Proposed munitions \1\              Proposed total   rounds having an impact on the    Net explosive

                                              number of rounds               water                 weight (lb)

----------------------------------------------------------------------------------------------------------------

Small Arms Rounds Excluding .50 cal.........           525,610  N/A...........................               N/A

.50 Cal.....................................           257,067  N/A...........................               N/A

Large Arms Rounds--Live.....................            12,592  30 mm HE: 3,120...............            0.1019

                                              ................  40 mm HE: 9,472                           0.1199

Large Arms Rounds--Inert....................            93,024  N/A...........................               N/A

Rockets--Live...............................               241  2.75'' Rocket: 184............               4.8

                                                                5'' Rocket: 57................              15.0

Rockets--Inert..............................               703  N/A...........................               N/A

Bombs and Grenades--Live....................               144  G911 Grenade: 144.............               0.5

Bombs and Grenades--Inert...................             4,055  N/A...........................               N/A

Pyrotechnics................................             4,496  N/A...........................               N/A

                                             -------------------------------------------------------------------

    Total...................................           897,932  12,977........................               N/A

----------------------------------------------------------------------------------------------------------------

\1\ Munitions may be expended from aircraft or small boats.





          Table 5--Amount of Inert Munitions Expended at BT-11

------------------------------------------------------------------------

                                                         Proposed total

                Proposed munitions \1\                  number of rounds

                                                               \2\

------------------------------------------------------------------------

Small Arms Rounds Excluding .50 Cal...................           507,812

.50 Cal...............................................           326,234

Large Arms Rounds.....................................           240,334

Rockets...............................................             4,549

Bombs and Grenades....................................            22,114

Pyrotechnics..........................................             8,912

                                                       -----------------

    Total.............................................         1,109,955

------------------------------------------------------------------------

\1\ Munitions may be expended from aircraft or small boats.

\2\ Munitions estimated using FY 2007 CURRS data on a per sortie-

  operation basis.



Description of Marine Mammals in the Area of the Specified Activity



    Forty marine mammal species occur within the nearshore and offshore 

waters of North Carolina; however, the majority of these species are 

solely oceanic in distribution. Only one marine mammal species, the 

bottlenose dolphin, has been repeatedly sighted in Pamlico Sound, while 

an additional species, the endangered West Indian manatee (Trichechus 

manatus), has been sighted rarely (Lefebvre et al., 2001; DoN 2003). 

The U.S. Fish and Wildlife Service oversees management of the manatee; 

therefore, authorization to harass manatees would not be included in 

any NMFS' authorization and will not be discussed further.

    No sightings of the endangered North Atlantic right whale 

(Eubalaena glacialis) or other large whales have been observed within 

Pamlico Sound or in vicinity of the BTs (Kenney 2006). No suitable 

habitat exists for these species in the shallow Pamlico Sound or BT 

vicinity; therefore, whales would not be affected by the specified 

activities and will not be discussed further. Other dolphins, such as 

Atlantic spotted (Stenella frontalis) and common dolphins (Delphinus 

delphis), are oceanic in distribution and do not venture into the 

shallow, brackish waters of southern Pamlico Sound. Therefore, the 

specified activity has the potential to affect one marine mammal 

species under NMFS' jurisdiction: the bottlenose dolphin.

    Coastal (or nearshore) and offshore stocks of bottlenose dolphins 

in the Western North Atlantic can be distinguished by genetics, diet, 

blood characteristics, and outward appearance (Duffield et al., 1983; 

Hersh and Duffield, 1990; Mead and Potter, 1995; Curry and Smith, 

1997). Initially, a single stock of coastal morphotype bottlenose 

dolphins was thought to migrate seasonally between New Jersey (summer 

months) and central Florida based on seasonal patterns in strandings 

during a large scale mortality event occurring during 1987-1988 (Scott 

et al., 1988). However, re-analysis of stranding data (McLellan et al., 

2003) and extensive analysis of genetic, photo-identification, 

satellite telemetry, and stable isotope studies demonstrate a complex 

mosaic of coastal bottlenose dolphin stocks (NMFS 2001) which may be 

migratory or resident (they do not migrate and occur within an area 

year round). Four out of the seven designated coastal stocks may occur 

in North Carolina waters at some part of the year: the Northern 

Migratory stock (NM; winter); the Southern Migratory stock (SM; 

winter); the Northern North Carolina Estuarine stock (NNCE; resident, 

year round); and the more recently identified Southern North Carolina 

stock (SNC; resident, year round). Stable isotope depleted oxygen 

signature (hypoxic conditions routinely develops during summer in North 

Carolina waters) (Cortese, 2000), satellite telemetry, and photo-

identification (NMFS, 2001) support stock structure analysis. Dolphins 

encountered at the BTs likely belong to the NNCE and SNC stock; 

however, this may not always be the case. NMFS' 2008 stock assessment 

report provides further detail on stock delineation. All stocks 

discussed here are considered depleted under the MMPA (Waring et al., 

2007).

    NMFS provides abundance estimates for the four aforementioned 

migratory and resident coastal stocks in its 2008 stock assessment 

report; however, these estimates are based solely from summer aerial 

surveys. The size of the NNCE stock is technically considered 

``unknown''; however, Read et al., (2003) provided a population 

estimate of 919 (95 percent CI 730-1,190) (Waring et al., 2009). The 

population estimate for the SNC stock is 4,818, respectively. From July 

2004 through April 2006, the NMFS' SEFSC conducted 41 aerial surveys to 

document the seasonal distribution and estimated density of sea turtles 

and dolphins within Core Sound and portions of Pamlico Sound, and 

coastal waters extending one mile offshore (Goodman et al., 2007). 

Pamlico Sound was divided into two survey areas: western (encompassing 

BT-9 and BT-11) and eastern (including Core Sound and the eastern 

portion of restricted air space R-5306). In total, 281 dolphins were 

sighted in the western range. To account for animals likely missed 

during sightings (i.e.,



[[Page 32404]]



those below the surface), Goodman et al. (2007) estimate that, in 

reality, 415 dolphins were present. Densities for bottlenose dolphins 

in the western part of Pamlico Sound were calculated to be 0.0272/km\2\ 

in winter; 0.2158/km\2\ in autumn; 0.0371/km\2\ in summer; and 0.0946/

km\2\ in summer (Goodman et al., 2007). Dolphins were sighted 

throughout the entire range when mean sea surface temperature (SST) was 

7.60 [deg]C to 30.82 [deg]C, with fewer dolphins sighted as water 

temperatures increased. Like in Mayer (2003), dolphins were found in 

higher numbers around BT-11, a range where no live firing occurs.

    In 2000, Duke University Marine Lab (DUML), conducted a boat-based 

mark-recapture survey throughout the estuaries, bays and sounds of 

North Carolina (Read et al., 2003). This summer survey yielded a 

dolphin density of 0.183/km\2\ (0.071 mi;\2\) based on an estimate of 

919 dolphins for the northern inshore waters divided by an estimated 

5,015 km\2\ (1,936 mi\2\) survey area. Additionally, from July 2002-

June 2003, the USMC supported DUML to conduct dolphin surveys 

specifically in and around BT-9 and BT-11. During these surveys, one 

sighting in the restricted area surrounding BT-9 and two sightings in 

proximity to BT-11 were observed, as well as seven sightings in waters 

adjacent to the BTs. In total, 276 bottlenose dolphins were sighted 

ranging in group size from two to 70 animals with mean dolphin density 

in BT-11 more than twice as large as the density of any of the other 

areas; however, the daily densities were not significantly different 

(Maher, 2003). Estimated dolphin density at BT-9 and BT-11 based on 

these surveys were calculated to be 0.11 dolphins/km\2\, and 1.23 

dolphins/km\2\, respectively, based on boat surveys conducted from July 

2002 through June 2003 (excluding April, May, Sept. and Jan.). However, 

the USMC choose to estimate take of dolphins based on the higher 

density reported from the summer 2000 surveys (0.183/km\2\). Although 

the aerial surveys were conducted year round and therefore provide for 

seasonal density estimates, the average year-round density from the 

aerial surveys is 0.0936, lower than the 0.183/km\2\ density chosen to 

calculate take for purposes of this MMPA authorization. Additionally, 

Goodman et al. (2007) acknowledged that boat based density estimates 

may be more accurate than the uncorrected estimates derived from the 

aerial surveys.

    In Pamlico Sound, bottlenose dolphins concentrate in shallow water 

habitats along shorelines, and few, if any, individuals are present in 

the central portions of the sounds (Gannon, 2003; Read et al., 2003a, 

2003b). The dolphins utilize shallow habitats, such as tributary creeks 

and the edges of the Neuse River, where the bottom depth is less than 

3.5 m (Gannon, 2003). Fine-scale distribution of dolphins seems to 

relate to the presence of topography or vertical structure, such as the 

steeply-sloping bottom near the shore and oyster reefs, which may be 

used to facilitate prey capture (Gannon, 2003). Results of a passive 

acoustic monitoring effort conducted from 2006-2007 by Duke University 

researchers validated this information. Vocalizations of dolphins in 

the BT-11 vicinity were higher in August and September than 

vocalization detection at BT-9, an open water area (Read et al., 2007). 

Additionally, detected vocalizations of dolphins were more frequent at 

night for the BT-9 area and during early morning hours at BT-11.

    Unlike migrating whales which display strong temporal foraging and 

mating/birthing periods, many bottlenose dolphins in Pamlico Sound are 

residents and mate year round. However, dolphins in the southeast U.S. 

do display some reproductive seasonality. Based on neonate stranding 

records, sighting data, and births by known females, the populations of 

dolphins that frequent the North Carolina estuarine waters have calving 

peaks in spring but calving continues throughout the summer and is 

followed by a smaller number of fall births (Thayer et al., 2003).

    Bottlenose dolphins can typically hear within a broad frequency 

range of 0.04 to 160 kHz (Au, 1993; Turl, 1993). Electrophysiological 

experiments suggest that the bottlenose dolphin brain has a dual 

analysis system: one specialized for ultrasonic clicks and another for 

lower-frequency sounds, such as whistles (Ridgway, 2000). Scientists 

have reported a range of highest sensitivity between 25 and 70 kHz, 

with peaks in sensitivity at 25 and 50 kHz (Nachtigall et al., 2000). 

Recent research on the same individuals indicates that auditory 

thresholds obtained by electrophysiological methods correlate well with 

those obtained in behavior studies, except at some lower (10 kHz) and 

higher (80 and 100 kHz) frequencies (Finneran and Houser, 2006).

    Sounds emitted by bottlenose dolphins have been classified into two 

broad categories: pulsed sounds (including clicks and burst-pulses) and 

narrow-band continuous sounds (whistles), which usually are frequency 

modulated. Clicks have a dominant frequency range of 110 to 130 

kiloHertz (kHz) and a source level of 218 to 228 dB re 1 [mu]Pa (peak-

to-peak) (Au, 1993) and 3.4 to 14.5 kHz at 125 to 173 dB re 1 [mu]Pa 

(peak-to-peak) (Ketten, 1998). Whistles are primarily associated with 

communication and can serve to identify specific individuals (i.e., 

signature whistles) (Caldwell and Caldwell, 1965; Janik et al., 2006). 

Up to 52 percent of whistles produced by bottlenose dolphin groups with 

mother-calf pairs can be classified as signature whistles (Cook et al., 

2004). Sound production is also influenced by group type (single or 

multiple individuals), habitat, and behavior (Nowacek, 2005). Bray 

calls (low-frequency vocalizations; majority of energy below 4 kHz), 

for example, are used when capturing fish, specifically sea trout 

(Salmo trutta) and Atlantic salmon (Salmo salar), in some regions 

(i.e., Moray Firth, Scotland) (Janik, 2000). Additionally, whistle 

production has been observed to increase while feeding (Acevedo-

Guti[eacute]rrez and Stienessen, 2004; Cook et al., 2004).



Potential Effects on Marine Mammals



    As mentioned previously, with respect to military readiness 

activities, Section 3(18)(B) of 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].

    According the application, the USMC has concluded that harassment 

to marine mammals may occur incidental to munitions firing noise and 

pressure at the BTs. These military readiness activities would result 

in increased noise levels, explosions, and munition debris within 

bottlenose dolphin habitat. NMFS also considered the potential for 

harassment from vessel and aircraft operation. The USMC's and NMFS' 

analysis of potential impacts from these factors are outlined below.



Anthropogenic Sound



    Marine mammals respond to various types of anthropogenic sounds 

introduced in the ocean environment. Responses are highly variable and 

depend on a suite of internal and external factors which in turn 

results in varying degrees of significance (NRC, 2003; Southall et al., 

2007). Internal



[[Page 32405]]



factors include: (1) Individual hearing sensitivity, activity pattern, 

and motivational and behavioral state (e.g., feeding, traveling) at the 

time it receives the stimulus; (2) past exposure of the animal to the 

noise, which may lead to habituation or sensitization; (3) individual 

noise tolerance; and (4) demographic factors such as age, sex, and 

presence of dependent offspring. External factors include: (1) Non-

acoustic characteristics of the sound source (e.g., if it is moving or 

stationary); (2) environmental variables (e.g., substrate) which 

influence sound transmission; and (3) habitat characteristics and 

location (e.g., open ocean vs. confined area). To determine whether an 

animal perceives the sound, the received level, frequency, and duration 

of the sound are compared to ambient noise levels and the species' 

hearing sensitivity range. That is, if the frequency of an introduced 

sound is outside of the species' frequency hearing range, it can not be 

heard. Similarly, if the frequency is on the upper or lower end of the 

species hearing range, the sound must be louder in order to be heard.

    Marine mammal responses to anthropogenic noise are typically subtle 

and can include visible and acoustic reactions such as avoidance, 

altered dive patterns and cessation of pre-exposure activities and 

vocalization reactions such as increasing or decreasing call rates or 

shifting call frequency. Responses can also be unobservable, such as 

stress hormone production and auditory trauma or fatigue. It is not 

always known how these behavioral and physiological responses relate to 

significant effects (e.g., long-term effects or individual/population 

consequences); however, individuals and populations can be monitored to 

provide some insight into the consequences of exposing marine mammals 

to noise. For example, Haviland-Howell et al (2007) compared sighting 

rates of bottlenose dolphins within the Wilmington, NC stretch of the 

Atlantic Intracoastal Waterway (ICW) on weekends, when recreational 

vessel traffic was high, to weekdays, when vessel traffic was 

relatively minimal. The authors found that dolphins were less often 

sighted in the ICW during times of increased boat traffic (i.e., on 

weekends) and theorized that because vessel noise falls within the 

frequencies of dolphin communication whistles and primary energy of 

most fish vocalizations, the continuous vessel traffic along that 

stretch of the ICW could result in social and foraging impacts. 

However, the extent to which these impacts affect individual health and 

population structure is unknown.

    A full assessment of marine mammal responses and disturbances when 

exposed to anthropogenic sound can be found in NMFS' proposed 

rulemaking for the Navy Cherry Point Range Complex (74 FR 11057, March 

16, 2009). In summary, sound exposure may result in physiological 

impacts, stress responses, and behavioral responses which could affect 

proximate or ultimate life functions. Proximate life history functions 

are the functions that the animal is engaged in at the time of acoustic 

exposure. The ultimate life functions are those that enable an animal 

to contribute to the population (or stock, or species, etc.).

I. Physiology-Hearing Threshold Shift

    In mammals, high-intensity sound may rupture the eardrum, damage 

the small bones in the middle ear, or over stimulate the 

electromechanical hair cells that convert the fluid motions caused by 

sound into neural impulses that are sent to the brain. Lower level 

exposures may cause a loss of hearing sensitivity, termed a threshold 

shift (TS) (Miller, 1974). Incidence of TS may be either permanent, 

referred to as permanent threshold shift (PTS), or temporary, referred 

to as temporary threshold shift (TTS). The amplitude, duration, 

frequency, and temporal pattern, and energy distribution of sound 

exposure all affect the amount of associated TS and the frequency range 

in which it occurs. As amplitude and duration of sound exposure 

increase, generally, so does the amount of TS and recovery time. Human 

non-impulsive noise exposure guidelines are based on exposures of equal 

energy (the same SEL) producing equal amounts of hearing impairment 

regardless of how the sound energy is distributed in time (NIOSH 1998). 

Until recently, previous marine mammal TTS studies have also generally 

supported this equal energy relationship (Southall et al., 2007). Three 

newer studies, two by Mooney et al. (2009a, 2009b) on a single 

bottlenose dolphin either exposed to playbacks of Navy MFAS or octave-

band noise (4-8 kHz) and one by Kastak et al. (2007) on a single 

California sea lion exposed to airborne octave-band noise (centered at 

2.5 kHz), concluded that for all noise exposure situations the equal 

energy relationship may not be the best indicator to predict TTS onset 

levels. Generally, with sound exposures of equal energy, those that 

were quieter (lower sound pressure level [SPL]) with longer duration 

were found to induce TTS onset more than those of louder (higher SPL) 

and shorter duration (more similar to noise from AS Cherry Point 

exercises). For intermittent sounds, less TS will occur than from a 

continuous exposure with the same energy (some recovery will occur 

between exposures) (Kryter et al., 1966; Ward, 1997). Additionally, 

though TTS is temporary, very prolonged exposure to sound strong enough 

to elicit TTS, or shorter-term exposure to sound levels well above the 

TTS threshold, can cause PTS, at least in terrestrial mammals (Kryter, 

1985). However, these studies highlight the inherent complexity of 

predicting TTS onset in marine mammals, as well as the importance of 

considering exposure duration when assessing potential impacts.

    PTS consists of non-recoverable physical damage to the sound 

receptors in the ear, which can include total or partial deafness, or 

an impaired ability to hear sounds in specific frequency ranges; PTS is 

considered Level A harassment. TTS is recoverable and is considered to 

result from temporary, non-injurious impacts to hearing-related 

tissues; TTS is considered Level B harassment.



Permanent Threshold Shift



    Auditory trauma represents direct mechanical injury to hearing 

related structures, including tympanic membrane rupture, 

disarticulation of the middle ear ossicles, and trauma to the inner ear 

structures such as the organ of Corti and the associated hair cells. 

Auditory trauma is irreversible and considered to be an injury that 

could result in PTS. PTS results from exposure to intense sounds that 

cause a permanent loss of inner or outer cochlear hair cells or exceed 

the elastic limits of certain tissues and membranes in the middle and 

inner ears and result in changes in the chemical composition of the 

inner ear fluids. In some cases, there can be total or partial deafness 

across all frequencies, whereas in other cases, the animal has an 

impaired ability to hear sounds in specific frequency ranges. There is 

no empirical data for onset of PTS in any marine mammal, and therefore, 

PTS- onset must be estimated from TTS-onset measurements and from the 

rate of TTS growth with increasing exposure levels above the level 

eliciting TTS-onset. PTS is presumed to be likely if the hearing 

threshold is reduced by >= 40 dB (i.e., 40 dB of TTS). Relationships 

between TTS and PTS thresholds have not been studied in marine mammals, 

but are assumed to be similar to those in humans and other terrestrial 

mammals.



[[Page 32406]]



Temporary Threshold Shift



    TTS is the mildest form of hearing impairment that can occur during 

exposure to a loud sound (Kryter, 1985). Southall et al. (2007) 

indicate that although PTS is a tissue injury, TTS is not because the 

reduced hearing sensitivity following exposure to intense sound results 

primarily from fatigue, not loss, of cochlear hair cells and supporting 

structures and is reversible. Accordingly, NMFS classifies TTS as Level 

B Harassment, not Level A Harassment (injury); however, NMFS does not 

consider the onset of TTS to be the lowest level at which Level B 

Harassment may occur (see III. Behavior section below).

    Southall et al. (2007) considers a 6 dB TTS (i.e., baseline hearing 

thresholds are elevated by 6 dB) sufficient to be recognized as an 

unequivocal deviation and thus a sufficient definition of TTS onset. 

TTS in bottlenose dolphin hearing have been experimentally induced. For 

example, Finneran et al. (2002) exposed a trained captive bottlenose 

dolphin to a seismic watergun simulator with a single acoustic pulse. 

No TTS was observed in the dolphin at the highest exposure condition 

(peak: 207 kPa [30psi]; peak-to-peak: 228 dB re: 1 microPa; SEL: 188 dB 

re 1 microPa\2\-s). Schludt et al. (2000) demonstrated temporary shifts 

in masked hearing thresholds in five bottlenose dolphins occurring 

generally between 192 and 201 dB rms (192 and 201 dB SEL) after 

exposure to intense, non-pulse, 1-s tones at, 3kHz, 10kHz, and 20 kHz. 

TTS onset occurred at mean sound exposure level of 195 dB rms (195 dB 

SEL). At 0.4 kHz, no subjects exhibited threshold shifts after SPL 

exposures of 193dB re: 1 microPa (192 dB re: 1 microPa\2\-s). In the 

same study, at 75 kHz, one dolphin exhibited a TTS after exposure at 

182 dB SPL re: 1 microPa but not at higher exposure levels. Another 

dolphin experienced no threshold shift after exposure to maximum SPL 

levels of 193 dB re: 1 microPa at the same frequency. Frequencies of 

explosives used at MCAS Cherry Point range from 1-25 kHz; the range 

where dolphin TTS onset occurred at 195 dB rms in the Schludt et al. 

(2000) study.

    Preliminary research indicates that TTS and recovery after noise 

exposure are frequency dependent and that an inverse relationship 

exists between exposure time and sound pressure level associated with 

exposure (Mooney et al., 2005; Mooney, 2006). For example, Nachtigall 

et al. (2003) measured TTS in a bottlenose dolphin and found an average 

11 dB shift following a 30 minute net exposure to OBN at a 7.5 kHz 

center frequency (max SPL of 179 dB re: 1 microPa; SEL: 212- 214 dB 

re:1 microPa\2\-s). No TTS was observed after exposure to the same 

duration and frequency noise with maximum SPLs of 165 and 171 dB re:1 

microPa. After 50 minutes of exposure to the same 7.5 kHz frequency 

OBN, Natchigall et al. (2004) measured a 4 -8 dB shift (max SPL: 160dB 

re 1microPa; SEL: 193-195 dB re:1 microPa\2\-s). Finneran et al. (2005) 

concluded that a sound exposure level of 195 dB re 1 [mu]Pa\2\-s is a 

reasonable threshold for the onset of TTS in bottlenose dolphins 

exposed to mid-frequency tones.

II. Stress Response

    An acoustic source is considered a potential stressor if, by its 

action on the animal, via auditory or non-auditory means, it may 

produce a stress response in the animal. Here, the stress response will 

refer to an increase in energetic expenditure that results from 

exposure to the stressor and which is predominantly characterized by 

either the stimulation of the sympathetic nervous system (SNS) or the 

hypothalamic-pituitary-adrenal (HPA) axis (Reeder and Kramer, 2005). 

The SNS response to a stressor is immediate and acute and is 

characterized by the release of the catecholamine neurohormones 

norepinephrine and epinephrine (i.e., adrenaline). These hormones 

produce elevations in the heart and respiration rate, increase 

awareness, and increase the availability of glucose and lipids for 

energy. The HPA response is ultimately defined by increases in the 

secretion of the glucocorticoid steroid hormones, predominantly 

cortisol in mammals. The presence and magnitude of a stress response in 

an animal depends on a number of factors. These include the animal's 

life history stage (e.g., neonate, juvenile, adult), the environmental 

conditions, reproductive or developmental state, and experience with 

the stressor. Not only will these factors be subject to individual 

variation, but they will also vary within an individual over time. The 

stress response may or may not result in a behavioral change, depending 

on the characteristics of the exposed animal. However, provided a 

stress response occurs, we assume that some contribution is made to the 

animal's allostatic load. Any immediate effect of exposure that 

produces an injury is assumed to also produce a stress response and 

contribute to the allostatic load. Allostasis is the ability of an 

animal to maintain stability through change by adjusting its physiology 

in response to both predictable and unpredictable events (McEwen and 

Wingfield, 2003). If the acoustic source does not produce tissue 

effects, is not perceived by the animal, or does not produce a stress 

response by any other means, we assume that the exposure does not 

contribute to the allostatic load. Additionally, without a stress 

response or auditory masking, it is assumed that there can be no 

behavioral change.

III. Behavior

    Changes in marine mammal behavior in response to anthropogenic 

noise may include altered travel directions, increased swimming speeds, 

changes in dive, surfacing, respiration and feeding patterns, and 

changes in vocalizations. As described above, lower level physiological 

stress responses could also co-occur with altered behavior; however, 

stress responses are more difficult to detect and fewer data exist 

relative to specific received levels of sound.



Acoustic Masking



    Anthropogenic noise can interfere with, or mask, detection of 

acoustic signals such as communication calls, echolocation, and 

environmental sounds important to marine mammals. Southall et al. 

(2007) defines auditory masking as the partial or complete reduction in 

the audibility of signals due to the presence of interfering noise with 

the degree of masking depending on the spectral, temporal, and spatial 

relationships between signals and masking noise, as well as the 

respective received levels. Masking of sender communication space can 

be considered as the amount of change in a sender's communication space 

caused by the presence of other sounds, relative to a pre-industrial 

ambient noise condition (Clark et al., in press).

    Unlike auditory fatigue, which always results in a stress response 

because the sensory tissues are being stimulated beyond their normal 

physiological range, masking may or may not result in a stress 

response, depending on the degree and duration of the masking effect. 

Masking may also result in a unique circumstance where an animal's 

ability to detect other sounds is compromised without the animal's 

knowledge. This could conceivably result in sensory impairment and 

subsequent behavior change; in this case, the change in behavior is the 

lack of a response that would normally be made if sensory impairment 

did not occur. For this reason, masking also may lead directly to 

behavior change without first causing a stress response.



[[Page 32407]]



Projecting noise into the marine environment which causes acoustic 

masking is considered Level B harassment as it can disrupt natural 

behavioral patterns by interrupting or limiting the marine mammal's 

receipt or transmittal of important information or environmental cues. 

To compensate for masking, marine mammals, including bottlenose 

dolphins, are known to increase their levels of vocalization as a 

function of background noise by increasing call repetition and 

amplitude, shifting calls higher frequencies, and/or changing the 

structure of call content (Lesage et al., 1999; Scheifele et al., 2005; 

McIwem, 2006).

    While it may occur temporarily, NMFS does not expect auditory 

masking to result in detrimental impacts to an individual's or 

population's survival, fitness, or reproductive success. Dolphins are 

not confined to the BT ranges; allowing for movement out of area to 

avoid masking impacts. The USMC would also conduct visual sweeps of the 

area before any training exercise and implement training delay 

mitigation measures if a dolphin is sighted within designated zones 

(see Proposed Mitigation Measures section below). As discussed 

previously, the USMC has been working with DUML to collect baseline 

information on dolphins in Pamlico Sound, specifically dolphin 

abundance and habitat use around the BTs. The USMC has also recently 

accepted a DUML proposal to investigate methods of dolphin acoustic 

detection around the BTs. NMFS would encourage the USMC to expand 

acoustic investigations to include the impacts of training exercises on 

vocalization properties (e.g., call content, duration, frequency) and 

masking (e.g., communication and foraging impairment) of the affected 

population of dolphins in Pamlico Sound.



Assessment of Marine Mammal Impacts From Explosive Ordnances



    MCAS Cherry Point plans to use five types of explosive sources 

during its training exercises: 2.75'' Rocket High Explosives, 5'' 

Rocket High Explosives, 30 mm High Explosives, 40 mm High Explosives, 

and G911 grenades. The underwater explosions from these weapons would 

send a shock wave and blast noise through the water, release gaseous 

by-products, create an oscillating bubble, and cause a plume of water 

to shoot up from the water surface. The shock wave and blast noise are 

of most concern to marine animals. In general, potential impacts from 

explosive detonations can range from brief effects (such as short term 

behavioral disturbance), tactile perception, physical discomfort, 

slight injury of the internal organs and the auditory system, to death 

of the animal (Yelverton et al., 1973; O'Keeffe and Young, 1984; DoN, 

2001).

    Explosives produce significant acoustic energy across several 

frequency decades of bandwidth (i.e., broadband). Propagation loss is 

sufficiently sensitive to frequency as to require model estimates at 

several frequencies over such a wide band. The effects of an underwater 

explosion on a marine mammal depend on many factors, including the 

size, type, and depth of both the animal and the explosive charge; the 

depth of the water column; and the standoff distance between the charge 

and the animal, as well as the sound propagation properties of the 

environment. The net explosive weight (or NEW) of an explosive is the 

weight of TNT required to produce an equivalent explosive power. The 

detonation depth of an explosive is particularly important due to a 

propagation effect known as surface-image interference. For sources 

located near the sea surface, a distinct interference pattern arises 

from the coherent sum of the two paths that differ only by a single 

reflection from the pressure-release surface. As the source depth and/

or the source frequency decreases, these two paths increasingly, 

destructively interfere with each other, reaching total cancellation at 

the surface (barring surface-reflection scattering loss). USMC 

conservatively estimates that all explosives would detonate at a 1.2 m 

(3.9 ft) water depth. This is the worst case scenario as the purpose of 

training is to hit the target, resulting in an in-air explosion.

    The firing sequence for some of the munitions consists of a number 

of rapid bursts, often lasting a second or less. The maximum firing 

time is 10-15 second bursts. Due to the tight spacing in time, each 

burst can be treated as a single detonation. For the energy metrics, 

the impact area of a burst is computed using a source energy spectrum 

that is the source spectrum for a single detonation scaled by the 

number of rounds in a burst. For the pressure metrics, the impact area 

for a burst is the same as the impact area of a single round. For all 

metrics, the cumulative impact area of an event consisting of a certain 

number of bursts is merely the product of the impact area of a single 

burst and the number of bursts, as would be the case if the bursts are 

sufficiently spaced in time or location as to insure that each burst is 

affecting a different set of marine wildlife.

    Physical damage of tissues resulting from a shock wave (from an 

explosive detonation) is classified as an injury. Blast effects are 

greatest at the gas-liquid interface (Landsberg, 2000) and gas 

containing organs, particularly the lungs and gastrointestinal tract, 

are especially susceptible to damage (Goertner, 1982; Hill 1978; 

Yelverton et al., 1973). Nasal sacs, larynx, pharynx, trachea, and 

lungs may be damaged by compression/expansion caused by the 

oscillations of the blast gas bubble (Reidenberg and Laitman, 2003). 

Severe damage (from the shock wave) to the ears can include tympanic 

membrane rupture, fracture of the ossicles, damage to the cochlea, 

hemorrhage, and cerebrospinal fluid leakage into the middle ear.

    Non-lethal injury includes slight injury to internal organs and the 

auditory system; however, delayed lethality can be a result of 

individual or cumulative sublethal injuries (DoN, 2001). Immediate 

lethal injury would be a result of massive combined trauma to internal 

organs as a direct result of proximity to the point of detonation (DoN, 

2001). Exposure to distance explosions could result only in behavioral 

changes. Masked underwater hearing thresholds in two bottlenose 

dolphins and one beluga whale have been measured before and after 

exposure to impulsive underwater sounds with waveforms resembling 

distant signatures of underwater explosions (Finneran et al., 2000). 

The authors found no temporary shifts in masked-hearing thresholds 

(MTTSs), defined as a 6-dB or larger increase in threshold over pre-

exposure levels, had been observed at the highest impulse level 

generated (500 kg at 1.7 km, peak pressure 70 kPa); however, 

disruptions of the animals' trained behaviors began to occur at 

exposures corresponding to 5 kg at 9.3 km and 5 kg at 1.5 km for the 

dolphins and 500 kg at 1.9 km for the beluga whale.

    Generally, the higher the level of impulse and pressure level 

exposure, the more severe the impact to an individual. While, in 

general, dolphins could endure injury or mortality if within very close 

proximity to in-water explosion, monitoring and mitigation measures 

employed by the USMC before and during training exercises, as would be 

required under any ITA issued, are designed to avoid any firing if a 

marine mammal is sighted within designated BT zones (see Proposed 

Mitigation and Monitoring section below). No marine mammal injury or 

death has been attributed to the specified activities described in the 

application. As such,



[[Page 32408]]



and due to implementation of the proposed mitigation and monitoring 

measures, bottlenose dolphin injury or mortality is not anticipated nor 

would any be authorized.



Inert Ordnances



    The potential risk to marine mammals from non-explosive ordnance 

entails two possible sources of impacts: Elevated sound levels or the 

ordnance physically hitting an animal. The latter is discussed below in 

the Munition Presence section below. The USMC provided information that 

the noise fields generated in water by the firing of non-explosive 

ordnance indicate that the energy radiated is about 1 to 2 percent of 

the total kinetic energy of the impact. This energy level (and likely 

peak pressure levels) is well below the TTS-energy threshold, even at 

1-m from the impact and is not expected to be audible to marine 

mammals. As such, the noise generated by the in-water impact of non-

explosive ordnance will not result in take of marine mammals.



Training Debris



    In addition to behavioral and physiological impacts from live fire 

and ammunition testing, NMFS has preliminarily analyzed impacts from 

presence of munition debris in the water, as described in the USMC's 

application and 2009 EA. These impacts include falling debris, 

ingestion of expended ordnance, and entanglement in parachute debris.

    Ingestion of marine debris by marine mammals can cause digestive 

tract blockages or damage the digestive system (Gorzelany, 1998; 

Stamper et al., 2006). Debris could be either the expended ordnance or 

non-munition related products such as chaff and self protection flares. 

Expended ordnance would be small and sink to the bottom. Chaff is 

composed of either aluminum foil or aluminum-coated glass fibers 

designed to act as a visual smoke screen; hiding the aircraft from 

enemy radar. Chaff also serves as a decoy for radar detection, allowing 

aircraft to maneuver or egress from the area. The foil type currently 

used is no longer manufactured, although it remains in the inventory 

and is used primarily by B-52 bombers. Both types of chaff are cut into 

dipoles ranging in length from 0.3 to over 2.0 inches. The aluminum 

foil dipoles are 0.45 mils (0.00045 inches) thick and 6 to 8 mils wide. 

The glass fiber dipoles are generally 1 mil (25.4 microns) in diameter, 

including the aluminum coating. Chaff is packed into about 4-ounce 

bundles. The major components of chaff are silica, aluminum, and 

stearic acid; all naturally prevalent in the environment.

    Based on the dispersion characteristics of chaff, concentrations 

around the BTs would be low. For example, Hullar et al. (1999) 

calculated that a 4.97-mile by 7.46-mile area (37.1 km\2\) would be 

affected by deployment of a single cartridge containing 150 grams of 

chaff; however, concentration would only be about 5.4 grams per square 

nautical mile. This corresponds to fewer than 179,000 fibers per square 

nautical mile or fewer than 0.005 fibers per square foot.

    Self-protection flares are deployed to mislead or confuse heat-

sensitive or heat-seeking anti-aircraft systems. The flares are 

magnesium pellets that, when ignited, burn for a short period of time 

(less than 10 seconds) at 2,000 degrees Fahrenheit. Air-deployed LUU-2 

high-intensity illumination flares are used to illuminate targets, 

enhancing a pilot's ability to see targets while using Night Vision 

Goggles. The LUU-2B Flare has a light output rating of 1.8 x 10(6) 

candlepower and at 1,000 feet altitude illuminates a circle on the 

ground of 500 meters. The LUU-2 is housed in a pod or canister and is 

deployed by ejection. The mechanism has a timer on it that deploys the 

parachute and ignites the flare candle. The flare candle burns 

magnesium at high temperature, emitting an intense bright white light. 

The LUU-2 has a burn time of approximately 5 minutes while suspended 

from a parachute. The pyrotechnic candle consumes the flare housing, 

reducing flare weight, which in turn slows the rate of fall during the 

last 2 minutes of burn time. At candle burnout an explosive bolt is 

fired, releasing one parachute support cable, which causes the 

parachute to collapse.

    Ingestion of debris by dolphins is not likely, as dolphins 

typically eat fish and other moving prey items. NMFS solicited 

information on evidence of debris ingestion from two marine mammal 

veterinarians who have performed many necropsies on the protected 

species of North Carolina's waters. In their experience, no necropsies 

of bottlenose dolphins have revealed evidence of munition, parachute, 

or chaff ingestion (pers. comm., Drs. C. Harms and D. Rostein, November 

14, 2009). However, it was noted evidence of chaff ingestion would be 

difficult to detect. In the chance that dolphins do ingest chaff, the 

filaments are so fine they would likely pass through the digestive 

system without complication. However, if the chaff is durable enough, 

it might act as a linear foreign body. In such case, the intestines 

bunch up on the line restricting movement of the line resulting in an 

obstruction. The peristalsis on an immovable thin line can cause 

intestinal lacerations and perforations (pers. comm., C. Harms, 

November 14, 2009. This is a well known complication in cats when they 

ingest thread and which occurs occasionally with sea turtles ingesting 

fishing line. The longevity of chaff filaments, based upon dispersion 

rates, is unclear. Chaff exposed to synthetic seawater and aqueous 

environments in the pH range of 4-10 exhibited varying levels of 

degradation suggesting a short lifespan for the outer aluminum coating 

(Farrell and Siciliano, 1998). The underlying filament is a flexible 

silica core and composed of primarily silica dioxide. While no studies 

have been conducted to evaluate the effects of chaff ingestion on 

marine mammals, the effects are expected to be negligible based upon 

chaff concentration in the environment, size of fibers, and available 

toxicity data on fiberglass and aluminum. Given that the size of chaff 

fibers are no more than 2 inches long, tidal flushing reduces 

concentration in the environment, and chaff degradation rate, the 

chance of chaff ingestions is unlikely; however, if swallowed, impacts 

would be negligible.

    Given that there is no evidence that dolphins ingest military 

debris; dolphins in the Sound forage on moving prey suspended in the 

water column while expended munition would sink; the property and 

dispersion characteristics of chaff make potential for ingestion 

discountable; and that Pamlico Sound is a tidal body of water with 

continuing flushing, NMFS has preliminarily determined that the 

presence of training debris would not have an effect on dolphins in 

Pamlico Sound.

    Although sometimes large, expended parachutes (e.g., those from the 

flares) are flimsy and structurally simple and NMFS has determined that 

the probability of entanglement with a dolphin is low. There are no 

known reports of live or stranded dolphins entangled in parachute gear; 

fishing gear is usually the culprit of reported entanglements. The 

NMFS' Marine Mammal Stranding Network (Network) has established 

protocol for reporting marine mammals in peril. Should any injured, 

stranded or entangled marine mammal be observed by USMC personnel 

during training exercises, the sighting would be reported to the 

Network within 24 hours of the observation.



[[Page 32409]]



Vessel and Aircraft Presence



    The marine mammals most vulnerable to vessel strikes are slow-

moving and/or spend extended periods of time at the surface in order to 

restore oxygen levels within their tissues after deep dives (e.g., 

right whales, fin whales, sperm whales). Smaller marine mammals such as 

bottlenose dolphins (the only marine mammal that would be encountered 

at the BTs) are agile and move more quickly through the water, making 

them less susceptible to ship strikes. NMFS is not aware of any vessel 

strikes of bottlenose dolphins in Pamlico Sound. Therefore, NMFS does 

not anticipate that USMC vessels engaged in the specified activity 

would strike any marine mammals and no take from ship strike would be 

authorized in the proposed IHA.

    Behaviorally, marine mammals may or may not respond to the 

operation of vessels and associated noise. Responses to vessels vary 

widely among marine mammals in general, but also among different 

species of small cetaceans. Responses may include attraction to the 

vessel (Richardson et al., 1995); altering travel patterns to avoid 

vessels (Constantine, 2001; Nowacek et al., 2001; Lusseau, 2003, 2006); 

relocating to other areas (Allen and Read, 2000); cessation of feeding, 

resting, and social interaction (Baker et al., 1983; Bauer and Herman, 

1986; Hall, 1982; Krieger and Wing, 1984; Lusseau, 2003; Constantine et 

al., 2004); abandoning feeding, resting, and nursing areas (Jurasz and 

Jurasz 1979; Dean et al., 1985; Glockner-Ferrari and Ferrari 1985, 

1990; Lusseau, 2005; Norris et al., 1985; Salden, 1988; Forest, 2001; 

Morton and Symonds, 2002; Courbis, 2004; Bejder, 2006); stress (Romano 

et al., 2004); and changes in acoustic behavior (Van Parijs and 

Corkeron, 2001). However, in some studies marine mammals display no 

reaction to vessels (Watkins 1986; Nowacek et al., 2003) and many 

odontocetes show considerable tolerance to vessel traffic (Richardson 

et al., 1995). Dolphins may actually reduce the energetic cost of 

traveling by riding the bow or stern waves of vessels (Williams et al., 

1992; Richardson et al., 1995).

    Dolphins within Pamlico Sound are continually exposed to 

recreational, commercial, and military vessels. Richardson et al. 

(1995) addresses in detail three responses that marine mammals may 

experience when exposed to anthropogenic activities: Tolerance; 

habituation; and sensitization. More recent publications provide 

variations on these themes rather than new data (NRC 2003). Marine 

mammals are often seen in regions with much human activity; thus, 

certain individuals or populations exhibit some tolerance of 

anthropogenic noise and other stimuli. Animals will tolerate a stimulus 

they might otherwise avoid if the benefits in terms of feeding, mating, 

migrating to traditional habitats, or other factors outweigh the 

negative aspects of the stimulus (NRC, 2003). In many cases, tolerance 

develops as a result of habituation. The NRC (2003) defines habituation 

as a gradual waning of behavioral responsiveness over time as animals 

learn that a repeated or ongoing stimulus lacks significant 

consequences for the animals. Contrarily, sensitization occurs when an 

animal links a stimulus with some degree of negative consequence and as 

a result increases responsiveness to that human activity over time 

(Richardson et al., 1995). For example, seals and whales are known to 

avoid previously encountered vessels involved in subsistence hunts 

(Walker, 1949; Ash 1962; Terhune, 1985) and bottlenose dolphins that 

had previously been captured and released from a 7.3 m boat involved in 

health studies were documented to flee when that boat approached closer 

than 400 m, whereas dolphins that had not been involved in the capture 

did not display signs of avoidance of the vessel (Irvine et al., 1981). 

Because dolphins in Pamlico Sound are continually exposed to vessel 

traffic that does not present immediate danger to them, it is likely 

animals are both tolerant and habituated to vessels.

    The specified activities also involve aircraft, which marine 

mammals are known to react (Richardson et al., 1995). Aircraft produce 

noise at frequencies that are well within the frequency range of 

cetacean hearing and also produce visual signals such as the aircraft 

itself and its shadow (Richardson et al., 1995, Richardson & 

W[uuml]rsig, 1997). A major difference between aircraft noise and noise 

caused by other anthropogenic sources is that the sound is generated in 

the air, transmitted through the water surface and then propagates 

underwater to the receiver, diminishing the received levels to 

significantly below what is heard above the water's surface. Sound 

transmission from air to water is greatest in a sound cone 26 degrees 

directly under the aircraft.

    Reactions of odontocetes to aircraft have been reported less often 

than those of pinnipeds. Responses to aircraft include diving, slapping 

the water with pectoral fins or tail fluke, or swimming away from the 

track of the aircraft (Richardson et al., 1995). The nature and degree 

of the response, or the lack thereof, are dependent upon nature of the 

flight (e.g., type of aircraft, altitude, straight vs. circular flight 

pattern). W[uuml]rsig et al. (1998) assessed the responses of cetaceans 

to aerial surveys in the northcentral and western Gulf of Mexico using 

a DeHavilland Twin Otter fixed-wing airplane. The plane flew at an 

altitude of 229 m at 204 km/hr. A minimum of 305 m straight line 

distance from the cetaceans was maintained. Water depth was 100-1000m. 

Bottlenose dolphins most commonly responded by diving (48percent), 

while 14percent responded by moving away. Other species (e.g., beluga 

whale, sperm whale) show considerable variation in reactions to 

aircraft but diving or swimming away from the aircraft are the most 

common reactions to low flights (less than 500 m).



Anticipated Effects on Habitat



    Detonations of live ordnance would result in temporary modification 

to water properties. As described above, an underwater explosion from 

these weapon would send a shock wave and blast noise through the water, 

release gaseous by-products, create an oscillating bubble, and cause a 

plume of water to shoot up from the water surface. However, these would 

be temporary and not expected to last more than a few seconds. Because 

dolphins are not expected to be in the area during live firing, due to 

monitoring and mitigation measure implementation, they would not be 

subject to any short term habitat alterations.

    Similarly, no long term impacts with regard to hazardous 

constituents are expected to occur. MCAS Cherry Point has an active 

Range Environmental Vulnerability Assessment (REVA) program in place to 

monitor impacts to habitat from its activities. One goal of REVA is to 

determine the horizontal and vertical concentration profiles of heavy 

metals, explosives constituents, perchlorate nutrients, and dissolved 

salts in the sediment and seawater surrounding BT-9 and BT-11. The 

preliminary results of the sampling indicate that explosive 

constituents (e.g., trinitrotoluene (TNT), 

cyclotrimethylenetrinitramine (RDX), and hexahydro-trinitro-triazine 

(HMX), as described in Hazardous Constituents [Subchapter 3.2.7.2] of 

the MCAS Cherry Point Range Operations EA), were not detected in any 

sediment or water sample surrounding the BTs. Metals were not present 

above toxicity screening values. Perchlorate was detected in a few 

sediment samples above the detection limit (0.21 ppm), but below the 

reporting limit (0.6 ppm). The ongoing REVA would continue to



[[Page 32410]]



evaluate potential munitions constituent migration from operational 

range areas to off-range areas and MCAS Cherry Point.



Proposed Mitigation



    In order to issue an incidental take authorization (ITA) under 

Section 101(a)(5)(D) of the MMPA, NMFS must set forth the ``permissible 

methods of taking pursuant to such activity, and other means of 

effecting the least practicable adverse impact on such species or stock 

and its habitat, paying particular attention to rookeries, mating 

grounds, and areas of similar significance.'' The NDAA of 2004 amended 

the MMPA as it relates to military-readiness activities and the ITA 

process such that ``least practicable adverse impact'' shall include 

consideration of personnel safety, practicality of implementation, and 

impact on the effectiveness of the military readiness activity. The 

training activities described in the USMC's application are considered 

military readiness activities.

    NMFS has carefully evaluated the applicant's proposed mitigation 

measures and considered a range of other measures in the context of 

ensuring that NMFS prescribes the means of effecting the least 

practicable adverse impact on the affected marine mammal species and 

stocks and their habitat. Our evaluation of potential measures included 

consideration of the following factors in relation to one another: (1) 

The manner in which, and the degree to which, the successful 

implementation of the measure is expected to minimize adverse impacts 

to marine mammals; (2) the proven or likely efficacy of the specific 

measure to minimize adverse impacts as planned; (3) the practicability 

of the measure for applicant implementation, including consideration of 

personnel safety, practicality of implementation, and impact on the 

effectiveness of the military readiness activity. NMFS has 

preliminarily determined that the proposed mitigation measures provide 

the means of effecting the least practicable adverse impacts on marine 

mammals species or stocks and their habitat, paying particular 

attention to rookeries, mating grounds, and areas of similar 

significance while also considering personnel safety, practicality of 

implementation, and impact on the effectiveness of the military 

readiness activity.

    The USMC, in collaboration with NMFS, has worked to identify 

potential practicable and effective mitigation measures, which include 

a careful balancing of the likely benefit of any particular measure to 

the marine mammals with the likely effect of that measure on personnel 

safety, practicality of implementation, and impact on the ``military-

readiness activity''. These proposed mitigation measures are listed 

below.

    (1) Range Sweeps: The VMR-1 squadron, stationed at MCAS Cherry 

Point, includes three specially equipped HH-46D helicopters. The 

primary mission of these aircraft, known as PEDRO, is to provide search 

and rescue for downed 2d Marine Air Wing aircrews. On-board are a 

pilot, co-pilot, crew chief, search and rescue swimmer, and a medical 

corpsman. Each crew member has received extensive training in search 

and rescue techniques, and is therefore particularly capable at 

spotting objects floating in the water.

    PEDRO crew would conduct a range sweep the morning of each exercise 

day prior to the commencement of range operations. The primary goal of 

the pre-exercise sweep is to ensure that the target area is clear of 

fisherman, other personnel, and protected species. The sweep is flown 

at 100-300 meters above the water surface, at airspeeds between 60-100 

knots. The path of the sweep runs down the western side of BT-11, 

circles around BT-9 and then continues down the eastern side of BT-9 

before leaving. The sweep typically takes 20-30 minutes to complete. 

The Pedro crew is able to communicate directly with range personnel and 

can provide immediate notification to range operators. The Pedro 

aircraft would remain in the area of a sighting until clear if possible 

or as mission requirements dictate.

    If marine mammals are sighted during a range sweep, sighting data 

will be collected and entered into the U.S. Marine Corps sighting 

database, web-interface, or report generator and this information would 

be relayed to the training Commander. Sighting data includes the 

following (collected to the best of the observer's ability): (1) 

Species identification; (2) group size; (3) the behavior of marine 

mammals (e.g., milling, travel, social, foraging); (4) location and 

relative distance from the BT; (5) date, time and visual conditions 

(e.g., Beaufort sea state, weather) associated with each observation; 

(6) direction of travel relative to the BT; and (7) duration of the 

observation.

    (2) Cold Passes: All aircraft participating in an air-to-surface 

exercise would be required to perform a ``cold pass'' immediately prior 

to ordnance delivery at the BTs both day and night. That is, prior to 

granting a ``First Pass Hot'' (use of ordnance), pilots would be 

directed to perform a low, cold (no ordnance delivered) first pass 

which serves as a visual sweep of the targets prior to ordnance 

delivery to determine if unauthorized civilian vessels or personnel, or 

protected species, are present. The cold pass is conducted with the 

aircraft (helicopter or fixed-winged) flying straight and level at 

altitudes of 200-3,000 feet over the target area. The viewing angle is 

approximately 15 degrees. A blind spot exists to the immediate rear of 

the aircraft. Based upon prevailing visibility, a pilot can see more 

than one mile forward upon approach. The aircrew and range personnel 

make every attempt to ensure clearance of the area via visual 

inspection and remotely operated camera operations (see Proposed 

Monitoring and Reporting section below). The Range Controller may deny 

or approve the First Pass Hot clearance as conditions warrant.

    (3) Delay of Exercises: An active range would be considered 

``fouled'' and not available for use if a marine mammal is present 

within 1,000 yards (914 m) of the target area at BT-9 or anywhere 

within Rattan Bay (BT-11). Therefore, if a marine mammal is sighted 

within 1,000 yards (914 m) of the target at BT-9 or anywhere within 

Rattan Bay at BT-11 during the cold pass or from range camera 

detection, training would be delayed until the marine mammal moves 

beyond and on a path away from 1,000 yards (914 m) from the BT-9 target 

or out of Rattan Bay at BT-11. This mitigation applies to both air-to-

surface and surface-to-surface exercises.

    (4) Range Camera Use: To increase the safety of persons or property 

near the targets, Range Operation and Control personnel monitor the 

target area through tower mounted safety and surveillance cameras. The 

remotely operated range cameras are high resolution and, according to 

range personnel, allow a clear visual of a duck floating near the 

target. The cameras allow viewers to see animals at the surface and 

breaking the surface, but not underwater.

    A new, enhanced camera system has been purchased and will be 

installed on BT-11 towers 3 and 7, and on both towers at BT-9. The new 

camera system has night vision capabilities with resolution levels near 

those during daytime. Lenses on the camera system have focal lengths of 

40 mm to 2,200 mm (56x), with view angles of 18[deg]10' and 13[deg]41', 

respectively. The field of view when zoomed in on the Rattan Bay 

targets will be 23' wide by 17' high, and on the mouth of Rattan Bay 

itself 87' wide by 66' high.

    Again, in the event that a marine mammal is sighted within 1,000 

yards



[[Page 32411]]



(914 m) of the BT-9 target, or anywhere within Rattan Bay, the target 

is declared fouled. Operations may commence in the fouled area after 

the animal(s) have moved 1,000 yards (914 m) from the BT-9 target and/

or out of Rattan Bay.

    (4) Vessel Operation: All vessels used during training operations 

would abide by the NMFS' Southeast Regional Viewing Guidelines designed 

to prevent harassment to marine mammals (http://www.nmfs.noaa.gov/pr/education/southeast/).

    (5) Stranding Network Coordination: The USMC shall coordinate with 

the local NMFS Stranding Coordinator for any unusual marine mammal 

behavior and any stranding, beached live/dead, or floating marine 

mammals that may occur at any time during training activities or within 

24 hours after completion of training.

Proposed Monitoring and Reporting

    In order to issue an ITA for an activity, Section 101(a)(5)(A) of 

the MMPA states that NMFS must set forth ``requirements pertaining to 

the monitoring and reporting of such taking''. The MMPA implementing 

regulations at 50 CFR 216.104 (a)(13) indicate that requests for 

incidental take authorizations must include the suggested means of 

accomplishing the necessary monitoring and reporting that will result 

in increased knowledge of the species and of the level of taking or 

impacts on populations of marine mammals that are expected to be 

present. Monitoring measures prescribed by NMFS should accomplish one 

or more of the following general goals: (a) An increase in our 

understanding of how many marine mammals are likely to be exposed to 

munition noise and explosions that we associate with specific adverse 

effects, such as behavioral harassment, TTS, or PTS; (b) an increase in 

our understanding of how individual marine mammals respond 

(behaviorally or physiologically) to gunnery and bombing exercises (at 

specific received levels) expected to result in take; (c) an increase 

in our understanding of how anticipated takes of individuals (in 

different ways and to varying degrees) may impact the population, 

species, or stock (specifically through effects on annual rates of 

recruitment or survival); (d) an increased knowledge of the affected 

species; (e) an increase in our understanding of the effectiveness of 

certain mitigation and monitoring measures; (f) a better understanding 

and record of the manner in which the authorized entity complies with 

the incidental take authorization; (g) an increase in the probability 

of detecting marine mammals, both within the safety zone (thus allowing 

for more effective implementation of the mitigation) and in general to 

better achieve the above goals.



Proposed Monitoring



    The suggested means of accomplishing the necessary monitoring and 

reporting that will result in increased knowledge of the species and of 

the level of taking or impacts on populations of marine mammals 

expected to be present within the action area are as follows:

    (1) Marine Mammal Observer Training: Pilots, operators of small 

boats, and other personnel monitoring for marine mammals would be 

required to take the Marine Species Awareness Training (Version 2.), 

maintained and promoted by the Department of the Navy. This training 

will make personnel knowledgeable of marine mammals, protected species, 

and visual cues related to the presence of marine mammals and protected 

species.

    (2) Weekly and Post-Exercise Monitoring: Post-exercise monitoring 

shall be conducted concomitant to the next regularly scheduled pre-

exercise sweep. Weekly monitoring events would include a maximum of 

five pre-exercise and four post-exercise sweeps. The maximum number of 

days that would elapse between pre- and post-exercise monitoring events 

would be approximately 3 days, and would normally occur on weekends. If 

marine mammals are observed during this monitoring, sighting data 

identical to those collected by PEDRO crew would be recorded.

    (3) Long-term Monitoring: The USMC has awarded DUML duties to 

obtain abundance, group dynamics (e.g., group size, age census), 

behavior, habitat use, and acoustic data on the bottlenose dolphins 

which inhabit Pamlico Sound, specifically those around BT-9 and BT-11. 

DUML began conducting boat-based surveys and passive acoustic 

monitoring of bottlenose dolphins in Pamlico Sound in 2000 (Read et 

al., 2003) and specifically at BT-9 and BT-11 in 2003 (Mayer, 2003). To 

date, boat-based surveys indicate that bottlenose dolphins may be 

resident to Pamlico Sound and use BT restricted areas on a frequent 

basis. Passive acoustic monitoring (PAM) is providing more detailed 

insight into how dolphins use the two ranges, by monitoring for their 

vocalizations year-round, regardless of weather conditions or darkness. 

In addition to these surveys, DUML scientists are testing a real-time 

passive acoustic monitoring system at BT-9 that will allow automated 

detection of bottlenose dolphin whistles, providing yet another method 

of detecting dolphins prior to training operations. Although it is 

unlikely this PAM system would be active for purposes of implementing 

mitigation measures before an exercise prior to expiration of the 

proposed IHA, it would be operational for future MMPA incidental take 

authorizations.

    (4) Reporting: The USMC would submit a report to NMFS within 90 

days after expiration of the IHA or, if a subsequent incidental take 

authorization is requested, within 120 days prior to expiration of the 

IHA. The report would summarize the type and amount of training 

exercises conducted, all marine mammal observations made during 

monitoring, and if mitigation measures were implemented. The report 

would also address the effectiveness of the monitoring plan in 

detecting marine mammals.



Estimated Take by Incidental Harassment



    The following provides the USMC's model for take of dolphins from 

explosives (without consideration of mitigation and the conservative 

assumption that all explosives would land in the water and not on the 

targets or land) and potential for direct hits and NMFS' analysis of 

potential harassment from small vessel and aircraft operations.



Acoustic Take Criteria



    For the purposes of an MMPA incidental take authorization, three 

levels of take are identified: Level B harassment; Level A harassment; 

and mortality (or serious injury leading to mortality). The categories 

of marine mammal responses (physiological and behavioral) that fall 

into harassment categories were described previously in this notice. A 

method to estimate the number of individuals that will be taken, 

pursuant to the MMPA, based on the proposed action has been derived. To 

this end, NMFS uses acoustic criteria that estimate at what received 

level Level B harassment, Level A harassment, and mortality of marine 

mammals would occur. The acoustic criteria for underwater detonations 

are comprehensively explained in NMFS' recent proposed rule Federal 

Register notice to the U.S. Navy (74 FR 11057, March 16, 2009) and are 

summarized here:

    Criteria and thresholds for estimating the exposures from a single 

explosive activity on marine mammals were established for the Seawolf 

Submarine Shock Test Final Environmental Impact Statement (FEIS) 

(``Seawolf'') and



[[Page 32412]]



subsequently used in the USS Winston S. Churchill (DDG 81) Ship Shock 

FEIS (``Churchill'') (DoN, 1998 and 2001). NMFS adopted these criteria 

and thresholds in its final rule on the unintentional taking of marine 

animals occurring incidental to the shock testing which involved large 

explosives (65 FR 77546; December 12, 2000). Because no large 

explosives (> 1000 lbs NEW) would be used at Cherry Point during the 

specified activities, a revised acoustic criterion for small underwater 

explosions (i.e., 23 pounds per square inch [psi] instead of previous 

acoustic criteria of 12 psi for peak pressure over all exposures) has 

been established to predict onset of TTS.



I.1. Thresholds and Criteria for Injurious Physiological Impacts



I.1.a. Single Explosion

    For injury, NMFS uses dual criteria, eardrum rupture (i.e. 

tympanic-membrane injury) and onset of slight lung injury, to indicate 

the onset of injury. The threshold for tympanic-membrane (TM) rupture 

corresponds to a 50 percent rate of rupture (i.e., 50 percent of 

animals exposed to the level are expected to suffer TM rupture). This 

value is stated in terms of an Energy Flux Density Level (EL) value of 

1.17 inch pounds per square inch (in-lb/in\2\), approximately 205 dB re 

1 microPa\2\- sec.

    The threshold for onset of slight lung injury is calculated for a 

small animal (a dolphin calf weighing 26.9 lbs), and is given in terms 

of the ``Goertner modified positive impulse,'' indexed to 13 psi-msec 

(DoN, 2001). This threshold is conservative since the positive impulse 

needed to cause injury is proportional to animal mass, and therefore, 

larger animals require a higher impulse to cause the onset of injury. 

This analysis assumed the marine species populations were 100 percent 

small animals. The criterion with the largest potential impact range 

(most conservative), either TM rupture (energy threshold) or onset of 

slight lung injury (peak pressure), will be used in the analysis to 

determine Level A exposures for single explosive events.

    For mortality, NMFS uses the criterion corresponding to the onset 

of extensive lung injury. This is conservative in that it corresponds 

to a 1 percent chance of mortal injury, and yet any animal experiencing 

onset severe lung injury is counted as a lethal exposure. For small 

animals, the threshold is given in terms of the Goertner modified 

positive impulse, indexed to 30.5 psi-msec. Since the Goertner approach 

depends on propagation, source/animal depths, and animal mass in a 

complex way, the actual impulse value corresponding to the 30.5 psi-

msec index is a complicated calculation. To be conservative, the 

analysis used the mass of a calf dolphin (at 26.9 lbs) for 100 percent 

of the populations.

I.1.b. Multiple Explosions

    For multiple explosions, the Churchill approach had to be extended 

to cover multiple sound events at the same training site. For multiple 

exposures, accumulated energy over the entire training time is the 

natural extension for energy thresholds since energy accumulates with 

each subsequent shot (detonation); this is consistent with the 

treatment of multiple arrivals in Churchill. For positive impulse, it 

is consistent with the Churchill final rule to use the maximum value 

over all impulses received.



I.2. Thresholds and Criteria for Non-Injurious Physiological Effects



    To determine the onset of TTS (non-injurious harassment)--a slight, 

recoverable loss of hearing sensitivity, there are dual criteria: an 

energy threshold and a peak pressure threshold. The criterion with the 

largest potential impact range (most conservative), either the energy 

or peak pressure threshold, will be used in the analysis to determine 

Level B TTS exposures. The thresholds for each criterion are described 

below.

I.2.a. Single Explosion--TTS-Energy Threshold

    The TTS energy threshold for explosives is derived from the Space 

and Naval Warfare Systems Center (SSC) pure-tone tests for TTS 

(Schlundt et al., 2000; Finneran and Schlundt, 2004). The pure-tone 

threshold (192 dB as the lowest value) is modified for explosives by 

(a) interpreting it as an energy metric, (b) reducing it by 10 dB to 

account for the time constant of the mammal ear, and (c) measuring the 

energy in 1/3-octave bands, the natural filter band of the ear. The 

resulting threshold is 182 dB re 1 microPa\2\-sec in any 1/3-octave 

band.

I.2.b. Single Explosion--TTS-Peak Pressure Threshold

    The second threshold applies to all species and is stated in terms 

of peak pressure at 23 psi (about 225 dB re 1 microPa). This criterion 

was adopted for Precision Strike Weapons (PSW) Testing and Training by 

Eglin Air Force Base in the Gulf of Mexico (NMFS, 2005). It is 

important to note that for small shots near the surface (such as in 

this analysis), the 23-psi peak pressure threshold generally will 

produce longer impact ranges than the 182-dB energy metric. 

Furthermore, it is not unusual for the TTS impact range for the 23-psi 

pressure metric to actually exceed the without-TTS (behavioral change 

without onset of TTS) impact range for the 177-dB energy metric.



I.3. Thresholds and Criteria for Behavioral Effects



I.3.a. Single Explosion

    For a single explosion, to be consistent with Churchill, TTS is the 

criterion for Level B harassment. In other words, because behavioral 

disturbance for a single explosion is likely to be limited to a short-

lived startle reaction, use of the TTS criterion is considered 

sufficient protection and therefore behavioral effects (Level B 

behavioral harassment without onset of TTS) are not expected for single 

explosions.

I.3.b. Multiple Explosions--Without TTS

    For multiple explosions, the Churchill approach had to be extended 

to cover multiple sound events at the same training site. For multiple 

exposures, accumulated energy over the entire uninterrupted firing time 

is the natural extension for energy thresholds since energy accumulates 

with each subsequent shot (detonation); this is consistent with the 

treatment of multiple arrivals in Churchill. Because multiple 

explosions could occur within a discrete time period, a new acoustic 

criterion-behavioral disturbance without TTS is used to account for 

behavioral effects significant enough to be judged as harassment, but 

occurring at lower noise levels than those that may cause TTS.

    The threshold is based on test results published in Schlundt et al. 

(2000), with derivation following the approach of the Churchill FEIS 

for the energy-based TTS threshold. The original Schlundt et al. (2000) 

data and the report of Finneran and Schlundt (2004) are the basis for 

thresholds for behavioral disturbance without TTS. During this study, 

instances of altered behavior sometimes began at lower exposures than 

those causing TTS; however, there were many instances when subjects 

exhibited no altered behavior at levels above the onset-TTS levels. 

Regardless of reactions at higher or lower levels, all instances of 

altered behavior were included in the statistical summary. The 

behavioral disturbance without TTS threshold for tones is derived from 

the SSC tests, and is found to be 5 dB below



[[Page 32413]]



the threshold for TTS, or 177 dB re 1 microPa\2\-sec maximum energy 

flux density level in any 1/3-octave band at frequencies above 100 Hz 

for cetaceans.



II. Summary of Thresholds and Criteria for Impulsive Sounds



    The effects, criteria, and thresholds used in the assessment for 

impulsive sounds are summarized in Table 6. The criteria for behavioral 

effects without physiological effects used in this analysis are based 

on use of multiple explosives from live, explosive firing at BT-9 only; 

no live firing occurs at BT-11.



                         Table 6--Effects, Criteria, and Thresholds for Impulsive Sounds

----------------------------------------------------------------------------------------------------------------

            Effect                   Criteria              Metric              Threshold            Effect

----------------------------------------------------------------------------------------------------------------

Mortality.....................  Onset of           Goertner modified       indexed to 30.5    Mortality.

                                 Extensive Lung     positive impulse.       psi-msec

                                 Injury.                                    (assumes 100

                                                                            percent small

                                                                            animal at 26.9

                                                                            lbs).

Injurious Physiological.......  50 percent         Energy flux density...  1.17 in-lb/in\2\   Level A.

                                 Tympanic                                   (about 205 dB re

                                 Membrane Rupture.                          1 microPa\2\-

                                                                            sec).

Injurious Physiological.......  Onset Slight Lung  Goertner modified       indexed to 13 psi- Level A.

                                 Injury.            positive impulse.       msec (assumes

                                                                            100 percent

                                                                            small animal at

                                                                            26.9 lbs).

Non-injurious Physiological...  TTS..............  Greatest energy flux    182 dB re 1        Level B.

                                                    density level in any    microPa\2\-sec.

                                                    1/3-octave band (>

                                                    100 Hz for toothed

                                                    whales and > 10 Hz

                                                    for baleen whales)--

                                                    for total energy over

                                                    all exposures.

Non-injurious Physiological...  TTS..............  Peak pressure over all  23 psi...........  Level B.

                                                    exposures.

Non-injurious Behavioral......  Multiple           Greatest energy flux    177 dB re 1        Level B.

                                 Explosions         density level in any    microPa\2\-sec.

                                 Without TTS.       1/3-octave (> 100 Hz

                                                    for toothed whales

                                                    and > 10 Hz for

                                                    baleen whales)--for

                                                    total energy over all

                                                    exposures (multiple

                                                    explosions only).

----------------------------------------------------------------------------------------------------------------



Take From Explosives



    The USMC conservatively modeled that all explosives would detonate 

at a 1.2 m (3.9 ft) water depth despite the training goal of hitting 

the target, resulting in an above water or on land explosion. For 

sources that are detonated at shallow depths, it is frequently the case 

that the explosion may breech the surface with some of the acoustic 

energy escaping the water column. The source levels presented in the 

table above have not been adjusted for possible venting nor does the 

subsequent analysis take this into account. Properties of explosive 

sources used at BT-9, including NEW, peak one-third-octave (OTO) source 

level, the approximate frequency at which the peak occurs, and rounds 

per burst are described in Table 7. Distances to NMFS harassment 

threshold levels from these sources are outlined in Table 8.



                                 Table 7--Source Weights and Peak Source Levels

----------------------------------------------------------------------------------------------------------------

                                                                                 Frequency of peak    Rounds per

           Source type                      NEW               Peak OTO SL             OTO SL            burst

----------------------------------------------------------------------------------------------------------------

2.75'' Rocket....................  4.8 lbs.............  223.9 dB re: 1[mu]Pa  ~ 1500 Hertz (Hz)...            1

5'' Rocket.......................  15.0 lbs............  228.9 dB re: 1[mu]Pa  ~ 1000 Hz...........            1

30 mm............................  0.1019 lbs..........  212.1 dB re: 1[mu]Pa  ~ 2500 Hz...........           30

40 mm............................  0.1199 lbs..........  227.8 dB re: 1[mu]Pa  ~ 1100 Hz...........            5

G911 Grenade.....................  0.5.................  213.9 dB re: 1        ~ 2500 Hz...........            1

                                                          [mu]Pa.

----------------------------------------------------------------------------------------------------------------





                    Table 8--Distances to NMFS Harassment Thresholds From Explosive Ordnances

----------------------------------------------------------------------------------------------------------------

                                     Behavioral

                                  disturbance (177     TTS (23 psi)     Level A (13 psi-   Mortality (31 psi-ms)

                                     dB energy)                              msec)

----------------------------------------------------------------------------------------------------------------

2.75'' Rocket HE...............  N/A..............  172 m (564 ft)...  47 m (154 ft)....  27 m (89 ft).

5'' Rocket HE..................  N/A..............  255 m (837 ft)...  61 m (200 ft)....  39 m (128 ft).

30 mm HE.......................  209 m (686 ft)...  N/A..............  10 m (33 ft).....  5 m (16 ft).

40 mm HE.......................  144 m (472 ft)...  N/A..............  10 m (33 ft).....  5 m (16 ft).

G911 Grenade...................  N/A..............  83 m (272 ft)....  21 m (33 ft).....  10 m (33 ft).

----------------------------------------------------------------------------------------------------------------



    To calculate take, the distances to which animals may be harassed 

were considered along with dolphin density. The density estimate from 

Read et al (2003) was used to calculate take from munition firing. As 

described in the Description of Marine Mammals in the Area of the 

Specified Activity section above, this density, 0.183/km\2\, was 

derived from boat based surveys in 2000 which covered all inland North 

Carolina waters. Note that estimated density of dolphins at BT-9 and 

BT-11, specifically, were calculated to be 0.11 dolphins/km\2\, and 

1.23 dolphins/km\2\



[[Page 32414]]



respectively (Maher 2003), based on boat surveys conducted from July 

2002 through June 2003 (excluding April, May, Sept. and Jan.). However, 

the USMC chose to estimate take of dolphins based on the higher density 

reported from the summer 2000 surveys (0.183/km\2\). Additionally, take 

calculations for munition firing are based on 100 percent water 

detonation, although the goal of training is to hit the targets, and no 

pre-exercise monitoring or mitigation. Therefore, take estimates can be 

considered conservative.

    Based on dolphin density and amount of munitions expended, there is 

very low potential for Level A harassment and mortality and monitoring 

and mitigation measures are anticipated to further negate this 

potential. Accordingly, NMFS is not proposing to issue these levels of 

take. As portrayed in Table 8 above, the largest harassment zone (Level 

B) is within 209 m of a detonation in water; however, the USMC has 

implemented a 1000 m ``foul'' zone for BT-9 and anywhere within Raritan 

Bay for BT-11. In total, from firing of explosive ordnances, the USMC 

is requesting, and NMFS is proposing to issue, the incidental take of 

25 bottlenose dolphins from Level B harassment (Table 9).



      Table 9--Number of Dolphins Potentially Taken From Exposure to Explosives Based on Threshold Criteria

----------------------------------------------------------------------------------------------------------------

                                         Level B--                              Level A--

                                     behavioral (177dB   Level B--TTS (23   Injurious (205 dB   Mortality (30.5

           Ordnance type              re 1 microPa\2\-         psi)         re 1 microPa\2\-s         psi)

                                             s)                                or 13 psi)

----------------------------------------------------------------------------------------------------------------

2.75'' Rocket HE...................                N/A               4.97                0.17               0.06

5'' Rocket HE......................                N/A               3.39                0.09               0.03

30 mm HE...........................               2.55                N/A                0.05               0.00

40 mm HE...........................              12.60                N/A                0.16               0.01

G911 Grenade.......................                N/A               0.87                0.03               0.01

                                    ----------------------------------------------------------------------------

    Total..........................              15.15               9.23                0.5                0.11

----------------------------------------------------------------------------------------------------------------



Take From Direct Hit



    The potential risk of a direct hit to an animal in the target area 

is estimated to be so low it is discountable. A Range Air Installation 

Compatible Use Zone (RAICUZ) study generated the surface area or 

footprints of weapon impact areas associated with air-to-ground 

ordnance delivery (USMC 2001). Statistically, a weapon safety footprint 

describes the area needed to contain 99.99 percent of initial and 

ricochet impacts at the 95-percent confidence interval for each type of 

aircraft and ordnance utilized on the BTs. At both BT-9 and BT-11 the 

probability of deployed ordnance landing in the impact footprint is 

essentially 1.0, since the footprints were designed to contain 99.99 

percent of impacts, including ricochets. However, only 36 percent of 

the weapon footprint for BT-11 is over water in Rattan Bay, so the 

likelihood of a weapon striking an animal at the BT in Rattan Bay is 64 

percent less. Water depths in Rattan Bay range from 3 m (10 ft) in the 

deepest part of the bay to 0.5 m (1.6 m) close to shore, so that nearly 

the entire habitat in Rattan Bay is suitable for marine mammal use (or 

36 percent of the weapon footprint).

    The estimated potential risk of a direct hit to an animal in the 

target area is extremely low. The probability of hitting a bottlenose 

dolphin at the BTs can be derived as follows: Probability = dolphin's 

dorsal surface area * density of dolphins. The estimated dorsal surface 

area of a bottlenose dolphin is 1.425 m\2\ (or the average length of 

2.85 m times the average body width of 0.5 m). Thus, using Read et al. 

(2003)'s density estimate of 0.183 dolphins/km\2\, without 

consideration of mitigation and monitoring implementation, the 

probability of a dolphin being hit in the waters of BT-9 is 2.61 x 

10-7 and of BT-11 is 9.4 x 10-8. Using the 

proposed levels of ordnance expenditures at each in-water BT (Tables 4 

and 5) and taking into account that only 36 percent of the ordnance 

deployed at BT-11 is over water, as described in the application, the 

estimated potential number of ordnance strikes on a marine mammal per 

year is 0.263 at BT-9 and 0.034 at BT-11. It would take approximately 

three years of ordnance deployment at the BTs before it would be likely 

or probable that one bottlenose dolphin would be struck by deployed 

inert ordnance. Again, these estimates are without consideration to 

proposed monitoring and mitigation measures.



Take From Vessel and Aircraft Presence



    Vessel movement is associated with surface-to-surface exercises, as 

described in the Specified Activities section above, which primarily 

occurs within BT-11. The USMC is not requesting takes specific to the 

act of maneuvering small boats within the BTs; however, NMFS has 

analyzed the potential for take from this activity.

    The potential impacts from exposure to vessels are described in the 

Vessel and Aircraft Presence section above. Interactions with vessels 

are not a new experience for bottlenose dolphins in Pamlico Sound. 

Pamlico Sound is heavily used by recreational, commercial (fishing, 

daily ferry service, tugs, etc.), and military (including the Navy, Air 

Force, and Coast Guard) vessels year-round. The NMFS' Southeast 

Regional Office has developed marine mammal viewing guidelines to 

educate the public on how to responsibly view marine mammals in the 

wild and avoid causing a take (http://www.nmfs.noaa.gov/pr/education/southeast). The guidelines recommend that vessels should remain a 

minimum of 50 yards from a dolphin, operate vessels in a predictable 

manner, avoid excessive speed or sudden changes in speed or direction 

in the vicinity of animals, and not to pursue, chase, or separate a 

group of animals. The USMC would abide by these guidelines to the 

fullest extent practicable. The USMC would not engage in high speed 

exercises should a marine mammal be detected within the immediate area 

of the BTs prior to training commencement and would never closely 

approach, chase, or pursue dolphins. Detection of marine mammals would 

be facilitated by personnel monitoring on the vessels and those marking 

success rate of target hits and monitoring of remote camera on the BTs 

(see Proposed Monitoring and Reporting section).

    Based on the description of the action, the other activities 

regularly occurring in the area, the species that may be exposed to the 

activity and their observed behaviors in the presence of vessel 

traffic, and the implementation of measures to avoid vessel strikes, 

NMFS believes it is unlikely that the operation



[[Page 32415]]



of vessels during surface-to-surface maneuvers will result in the take 

of any marine mammals, in the form of either behavioral harassment or 

injury.

    Aircraft would move swiftly through the area and would typically 

fly approximately 914 m from the water's surface before dropping 

unguided munitions and above 4,572 m for precision-guided munition 

bombing. While the aircraft may approach as low as 152 m (500 ft) to 

drop a bomb this is not the norm and would never been done around 

marine mammals. Regional whale watching guidelines advise aircraft to 

maintain a minimum altitude of 300 m (1,000 ft) above all marine 

mammals, including small odontocetes, and to not circle or hover over 

the animals to avoid harassment. NMFS' approach regulations limit 

aircraft from flying below 300 m (1,000 ft) over a humpback whale 

(Megaptera novaeangliae) in Hawaii, a known calving ground, and limit 

aircraft from flying over North Atlantic right whales closer than 460 m 

(1509 ft). Given USMC aircraft would not fly below 300 m on the 

approach, would not engage in hovering or circling the animals, and 

would not drop to the minimal altitude of 152 m if a marine mammal is 

in the area, NMFS believes it is unlikely that the operation of 

aircraft, as described above, will result in take of bottlenose 

dolphins in Pamlico Sound.

Negligible Impact and Small Numbers Analysis and Determination

    Pursuant to NMFS' regulations implementing the MMPA, an applicant 

is required to estimate the number of animals that will be ``taken'' by 

the specified activities (i.e., takes by harassment only, or takes by 

harassment, injury, and/or death). This estimate informs the analysis 

that NMFS must perform to determine whether the activity will have a 

``negligible impact'' on the species or stock. 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.'' A negligible 

impact finding is based on the lack of likely adverse effects on annual 

rates of recruitment or survival (i.e., population-level effects). An 

estimate of the number and manner of takes, alone, is not enough 

information on which to base a negligible impact determination. NMFS 

must also consider other factors, such as the likely nature of any 

responses (their intensity, duration, etc.), the context of any 

responses (critical reproductive time or location, migration, etc.), or 

any of the other variables mentioned in the first paragraph (if known), 

as well as the number and nature of estimated Level A takes, the number 

of estimated mortalities, and effects on habitat.

    The USMC has been conducting gunnery and bombing training exercises 

at BT-9 and BT-11 for years and, to date, no dolphin injury or 

mortality has been attributed these military training exercises. The 

USMC has a history of notifying the NMFS stranding network when any 

injured or stranded animal comes ashore or is spotted by personnel on 

the water. Therefore, stranded animals have been examined by stranding 

responders, further confirming that it is unlikely training contributes 

to marine mammal injuries or deaths. Due to the implementation of the 

aforementioned mitigation measures, no take by Level A harassment or 

serious injury or mortality is anticipated nor would any be authorized 

in the IHA. NMFS is proposing; however, to authorize 25 Level B 

harassment takes associated with training exercises.

    The USMC has proposed a 1000-yard (914 m) safety zone around BT-9 

despite the fact that the distance to NMFS explosive Level B harassment 

threshold is 228 yards (209 m). They also would consider an area fouled 

if any dolphins are spotted within Raritan Bay (where BT-11 is 

located). The Level B harassment takes allowed for in the IHA would be 

of very low intensity and would likely result in dolphins being 

temporarily behaviorally affected by bombing or gunnery exercises. In 

addition, takes may be attributed to animals not using the area when 

exercises are occurring; however, this is difficult to calculate. 

Instead, NMFS looks to if the specified activities occur during and 

within habitat important to vital life functions to better inform its 

negligible impact determination.

    Read et al. (2003) concluded that dolphins rarely occur in open 

waters in the middle of North Carolina sounds and large estuaries, but 

instead are concentrated in shallow water habitats along shorelines. 

However, no specific areas have been identified as vital reproduction 

or foraging habitat. Scientific boat based surveys conducted throughout 

Pamlico Sound conclude that dolphins use the areas around the BTs more 

frequently than other portions of Pamlico Sound (Maher, 2003) despite 

the USMC actively training in a manner identical to the specified 

activities described here for years.

    As described in the Affected Species section of this notice, 

bottlenose dolphin stock segregation is complex with stocks overlapping 

throughout the coastal and estuarine waters of North Carolina. It is 

not possible for the USMC to determine to which stock any individual 

dolphin taken during training activities belong as this can only be 

accomplished through genetic testing. However, it is likely that many 

of the dolphins encountered would belong to the NNCE or SNC stock. 

These stocks have a population estimate of 919 and 4,818, respectively. 

NMFS is proposing to authorize 25 takes of bottlenose dolphins in 

total; therefore, this number represents 2.72 and 0 percent, 

respectively, of those populations.

    Based on the analysis contained herein of the likely effects of the 

specified activity on marine mammals and their habitat, and taking into 

consideration the implementation of the mitigation and monitoring 

measures, NMFS preliminarily finds that the specified USMC AS Cherry 

Point BT-9 and BT-11 training activities will result in the incidental 

take of marine mammals, by Level B harassment only, and that the total 

taking from will have a negligible impact on the affected species or 

stocks.

Subsistence Harvest of Marine Mammals

    Marine mammals are not taken for subsistence use within Pamlico 

Sound; therefore, issuance of an IHA to the USMC for MCAS Cherry Point 

training exercises would not have an unmitigable adverse impact on the 

availability of the affected species or stocks for subsistence use.

Endangered Species Act (ESA)

    No ESA-listed marine mammals are known to occur within the action 

area. Therefore, there is no requirement for NMFS to consult under 

Section 7 of the ESA on the issuance of an IHA under section 

101(a)(5)(D) of the MMPA. However, ESA-listed sea turtles may be 

present within the action area.

    On September 27, 2002, NMFS issued a Biological Opinion (BiOp) on 

Ongoing Ordnance Delivery at Bombing Target 9 (BT-9) and Bombing Target 

11 (BT-11) at Marine Corps Air Station, Cherry Point, North Carolina. 

The BiOp concluded that that the USMC's proposed action will not result 

in adverse impacts to any ESA-listed marine mammals and is not likely 

to jeopardize the continued existence of the endangered green turtle 

(Chelonia mydas), leatherback turtle (Dermochelys coriacea), Kemp's 

ridley turtle (Lepidochelys kempii), or threatened loggerhead turtle 

(Caretta caretta). No critical habitat has been designated for



[[Page 32416]]



these species in the action area; therefore, none will be affected. On 

April 9, 2009, the USMC requested subsequent Section 7 consultation as 

the aforementioned BiOp was written in 2002. That consultation request 

is currently being examined by NMFS' Endangered Species Division.

National Environmental Policy Act (NEPA)

    On February 11, 2009, the USMC issued a Finding of No Significant 

Impact for its Environmental Assessment (EA) on MCAS Cherry Point Range 

Operations. Based on the analysis of the EA, the USMC determined that 

the proposed action will not have a significant impact on the human 

environment. If adequate and appropriate, NMFS intends to adopt the 

USMC's EA to allow NMFS to meet its responsibilities under NEPA for the 

issuance of an IHA. If the USMC's EA is not adequate, NMFS will 

supplement the existing analysis and documents to ensure that we comply 

with NEPA prior to the issuance of the IHA.



    Dated: June 1, 2010.

James H. Lecky,

Director, Office of Protected Resources, National Marine Fisheries 

Service.

[FR Doc. 2010-13748 Filed 6-7-10; 8:45 am]

BILLING CODE 3510-22-P