[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71535-71554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29851]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA800


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 December 
19, 2011.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3225. The mailbox address for providing email 
comments is [email protected]. NMFS is not responsible for email 
comments sent to addresses other than the one provided here. Comments 
sent via email, including all attachments, must not exceed a 10-
megabyte file size.
    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

[[Page 71536]]

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: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401.

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 September 22, 2011, 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 first issued an IHA to the USMC for the same activities that was 
valid for a period of one year, beginning December 1, 2011 (75 FR 
72807; November 26, 2010).
    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 authorization would be valid for a period of one year from the date 
of issuance. 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. The 
USMC estimates that it 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 
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,

[[Page 71537]]

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. The USMC estimates that it 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. Historically, boat sorties 
have been 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
----------------------------------------------------------------------------------------------------------------
                                                                                                    Munitions
                   Range                     Annual number             Munitions type                expended
                                             of sorties \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
                                            ...............  40 mm Illumination-Inert..........                9
----------------------------------------------------------------------------------------------------------------
\1\ Sorties are from FY 2007 CURRS data.


[[Page 71538]]

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 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.

[[Page 71539]]



             Table 2--Description of Munitions Used at BT-9
------------------------------------------------------------------------
                                                          Net explosive
           Ordnance                   Description            weight
------------------------------------------------------------------------
MK76 Practice Bomb (inert)....  25-pound teardrop-      (of signal
                                 shaped cast metal       cartridge)
                                 bomb, with a bore       varies, maximum
                                 tube for installation   0.083800 lbs.
                                 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
                                 either sand or water    cartridges,
                                 filled. Two signal      total 0.1676
                                 cartridges.             lbs.
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)     2000-pound bomb         0.1676 lbs.
 (special 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)
25mm (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          0.
                                 canister.
LUU-2.........................  30-pound high           0.
                                 intensity
                                 illumination flare.
Laser Guided Training Round     89-pound inert          0.
 (LGTR) (inert).                 training bomblet.
------------------------------------------------------------------------


             Table 3--Description of Munitions Used at BT-11
------------------------------------------------------------------------
                Ordnance                           Description
------------------------------------------------------------------------
MK76 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.
BDU45 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.
------------------------------------------------------------------------

     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).

[[Page 71540]]



                      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  30mm HE: 3,120................            0.1019
                                                                40mm 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 
Estuarine stock (SNCE; 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 SNCE 
stock; however, this may not always be the case. NMFS' 2010 stock 
assessment report provides further detail on stock delineation. All 
stocks discussed here are considered depleted (and thus strategic) 
under the MMPA (Waring et al., 2010).
    NMFS provides abundance estimates for the four aforementioned 
migratory and resident coastal stocks in its 2010 stock assessment 
report. The best available abundance estimate for the NNCE stock is the 
combined abundance from estuarine (Read et al., 2003) and coastal 
(aerial survey data dating from 2002) waters. This combined estimate is 
1,387 (Waring et al., 2010). Similarly, the best available abundance 
estimate for the SNCE stock is the combined abundance from estuarine 
and coastal waters. This combined estimate is 2,595 (Waring et al., 
2010). The best abundance estimate for the NM stock, resulting from 
2002 aerial surveys, is 9,604 (Waring et al., 2010). Using the same 
information, the resulting best abundance estimate for the SM stock is 
12,482 (Waring et al., 2010).
    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., those below the surface), Goodman et al. (2007) 
estimate that, in reality, 415

[[Page 71541]]

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].
    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. NMFS' analysis of potential impacts from these factors, 
including consideration of the USMC's analysis in its application, is 
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 factors include: (1) Individual hearing

[[Page 71542]]

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 cannot 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). That rulemaking was made final on June 15, 2009 (74 FR 
28370). 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 71543]]

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]Pa2-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. Projecting noise into

[[Page 71544]]

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 sustain 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, and due to implementation of the 
proposed mitigation and monitoring

[[Page 71545]]

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.

Vessel and Aircraft Presence

    The marine mammals most vulnerable to vessel strikes are slow-
moving and/or spend extended periods of time at the

[[Page 71546]]

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 (48 percent), 
while 14 percent 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 evaluate 
potential munitions constituent migration from operational range areas 
to off-range areas and MCAS Cherry Point.

[[Page 71547]]

Summary of Previous Monitoring

    USMC complied with the mitigation and monitoring required under the 
previous authorization. In accordance with the 2010-11 IHA, USMC 
submitted a final monitoring report, which described the activities 
conducted and observations made. USMC did not record observations of 
any marine mammals during training exercises. The only recorded 
observations--which were of bottlenose dolphins--were on two occasions 
by maintenance vessels engaged in target maintenance. No marine mammals 
were observed during range sweeps, air to ground activities, surface to 
surface activities (small boats), or ad hoc via range cameras. Table 6 
details the number of sorties conducted, by air and water, at each 
target. The number of sorties conducted does not relate to the total 
amount of munitions expended, as the training requirements for the 
specific military unit conducting the sortie determine the munitions 
loading for the air platform or watercraft during each sortie. In 
addition, munitions expenditures may be determined by the loading 
specifications of the specific aircraft and vessels used in the 
training exercise.

              Table 6--Sorties Conducted at BT-9 and BT-11
------------------------------------------------------------------------
                    Mission type                        BT-9      BT-11
------------------------------------------------------------------------
Air-to-surface......................................     1,554     4,251
Surface-to-surface (water-to-water).................       223       105
                                                     -------------------
    Total...........................................     1,777     4,356
------------------------------------------------------------------------

    The total amount of ordnance expended at BT-9 and BT-11 under the 
2010-11 IHA was 878,625 and 693,612 respectively (Table 7). These 
amounts represent 98 and 62 percent of the estimated annual maximum 
ordnance expenditures. The amounts of ordnance expended at the BTs 
account for all use of the targets. 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 explosive munitions are used at BT-11.

                                         Table 7--Ordnance Usage at BT-9
----------------------------------------------------------------------------------------------------------------
                                                     Total rounds                    Percentage of maximum
         Munitions expenditures          -----------------------------------------------------------------------
                                                BT-9              BT-11             BT-9              BT-11
----------------------------------------------------------------------------------------------------------------
Small arms, excluding .50 cal...........           355,718           363,899                68                72
.50 cal.................................           410,815           246,255               160                75
Large arms (Live).......................           \1\ 480               N/A                 4               N/A
Large arms (Inert)......................           108,811            79,531               117                33
Rockets (Live)..........................            \2\ 48               N/A                20               N/A
Rockets (Inert).........................               185             2,018                26                44
Bombs/Grenades (Live)...................                 0               N/A                 0               N/A
Bombs/Grenades (Inert)..................             2,086             1,697                51                 8
Pyrotechnics............................               482               212                11                 2
                                         -----------------------------------------------------------------------
    Total...............................           878,625           693,612                98                62
----------------------------------------------------------------------------------------------------------------
\1\ (All 40 mm).
\2\ (All 2.75 in).

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 2\d\ Marine Air Wing aircrews. On-board are a 
pilot, co-pilot, crew chief, search and rescue swimmer, and a medical 
corpsman. Each crew

[[Page 71548]]

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 US 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 200-3000 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 1000 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 
1000 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 1000 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 2200 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 1000 
yards (914 m) of the BT-9 target, or anywhere within Rattan Bay, the 
target would be declared fouled. Operations may commence in the fouled 
area after the animal(s) have moved 1000 yards (914 m) from the BT-9 
target and/or out of Rattan Bay.
    (5) 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/).
    (6) Stranding Network Coordination: The USMC would 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:

[[Page 71549]]

    (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 
would 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 
would 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' proposed and final rulemakings 
for the U.S. Navy's Cherry Point Range Operations (74 FR 11057; 74 FR 
28370) 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 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/in2), 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

[[Page 71550]]

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 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 8. 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 8--Effects, Criteria, and Thresholds for Impulsive Sounds
----------------------------------------------------------------------------------------------------------------
             Effect                   Criteria             Metric             Threshold             Effect
----------------------------------------------------------------------------------------------------------------
Mortality......................  Onset of Extensive  Goertner modified   indexed to 30.5     Mortality.
                                  Lung Injury.        positive impulse.   psi-msec (assumes
                                                                          100 percent small
                                                                          animal at 26.9
                                                                          lbs).
Injurious Physiological........  50 percent          Energy flux         1.17 in-lb/in\2\    Level A.
                                  Tympanic Membrane   density.            (about 205 dB re
                                  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     182 dB re 1         Level B.
                                                      flux density        microPa\2\-sec.
                                                      level in any 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  23 psi............  Level B.
                                                      all exposures.

[[Page 71551]]

 
Non-injurious Behavioral.......  Multiple            Greatest energy     177 dB re 1         Level B.
                                  Explosions          flux density        microPa\2\-sec.
                                  Without TTS.        level in any 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 9. Distances to NMFS harassment 
threshold levels from these sources are outlined in Table 10.

                                 Table 9--Source Weights and Peak Source Levels
----------------------------------------------------------------------------------------------------------------
                                                                                  Frequency of peak     Rounds
            Source type                      NEW               Peak OTO SL             OTO SL          per burst
----------------------------------------------------------------------------------------------------------------
2.75'' Rocket.....................  4.8 lbs.............  223.9 dB re: 1        ~ 1500 Hertz (Hz)...           1
                                                           [mu]Pa.
5'' Rocket........................  15.0 lbs............  228.9 dB re: 1        ~ 1000 Hz...........           1
                                                           [mu]Pa.
30 mm.............................  0.1019 lbs..........  212.1 dB re: 1        ~ 2500 Hz...........          30
                                                           [mu]Pa.
40 mm.............................  0.1199 lbs..........  227.8 dB re: 1        ~ 1100 Hz...........           5
                                                           [mu]Pa.
G911 Grenade......................  0.5.................  213.9 dB re: 1        ~ 2500 Hz...........           1
                                                           [mu]Pa.
----------------------------------------------------------------------------------------------------------------


                   Table 10--Distances to NMFS Harassment Thresholds From Explosive Ordnances
----------------------------------------------------------------------------------------------------------------
                                      Behavioral
                                   disturbance (177      TTS (23 psi)      Level A  (13 psi-  Mortality  (31 psi-
                                      dB Energy)                                 msec)                ms)
----------------------------------------------------------------------------------------------------------------
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\ 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 9, 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 Rattan 
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 11).

[[Page 71552]]



     Table 11--Number of Dolphins Potentially Taken From Exposure to Explosives Based on Threshold Criteria
----------------------------------------------------------------------------------------------------------------
                                                                                  Level A--
                                              Level B--                        Injurious (205
              Ordnance type                  Behavioral     Level B--TTS (23       dB re 1       Mortality (30.5
                                             (177dB re 1          psi)         microPa\2\-s or        psi)
                                            microPa\2\-s)                          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 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 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

[[Page 71553]]

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 Analysis and Preliminary 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 SNCE stock. 
These stocks have a population estimate of 1,387 and 2,595, 
respectively. NMFS is proposing to authorize 25 takes of bottlenose 
dolphins in total; therefore, this number represents 1.8 and 1.0 
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, which is still in effect, concluded 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 these species in the action area; therefore, none 
will be affected.

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. NMFS adopted USMC's EA and signed a FONSI on August 31, 
2010. NMFS has reviewed the proposed application and preliminarily 
determined that there are no substantial changes to the proposed action 
or new environmental impacts or concerns. Therefore, NMFS has 
determined that a new or supplemental EA or Environmental Impact 
Statement is likely unnecessary. Before making a final determination in 
this regard, NMFS will review public comments and information submitted 
by the public and others in response to this notice. The EA referenced 
above is available for review at http://www.nmfs.noaa.gov/pr/permits/incidental.htm.


[[Page 71554]]


    Dated: November 14, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-29851 Filed 11-17-11; 8:45 am]
BILLING CODE 3510-22-P