[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Notices]
[Pages 25435-25437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10376]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB109


Taking and Importing Marine Mammals; Naval Explosive Ordnance 
Disposal School Training Operations at Eglin Air Force Base, Florida

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

[[Page 25436]]


ACTION: Notice; issuance of a Letter of Authorization (LOA).

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and 
implementing regulations, notification is hereby given that a LOA has 
been issued to the U.S. Department of the Air Force, Headquarters 96th 
Air Base Wing (U.S. Air Force), Eglin Air Force Base (Eglin AFB) to 
take marine mammals, by Level B harassment, incidental to Naval 
Explosive Ordnance Disposal School (NEODS) training operations at Eglin 
AFB, Florida from approximately April, 2012, to April, 2017. The U.S. 
Air Force activities are considered military readiness activities 
pursuant to the MMPA, as amended by the National Defense Authorization 
Act of 2004 (NDAA).

DATES: Effective April 23, 2012, through April 24, 2017.

ADDRESSES: The LOA and supporting documentation are available by 
writing to P. Michael Payne, Chief, Permits and Conservation Division, 
Office of Protected Resources, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3225, by telephoning one of 
the contacts listed here (see FOR INFORMATION CONTACT), or online at: 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in 
this notice may be viewed, by appointment, during regular business 
hours, at the aforementioned address. NMFS has prepared an 
Environmental Assessment titled ``Environmental Assessment on the 
Promulgation of Regulations and the Issuance of Letters of 
Authorization to Take Marine Mammals, by Level B Harassment, Incidental 
to Naval Explosive Ordnance Disposal School Training Operations at 
Eglin Air Force Base, Florida'' (EA) and Finding of No Significant 
Impact (FONSI) in accordance with the National Environmental Policy Act 
(NEPA) as implemented by regulations published by the Council on 
Environmental Quality (CEQ).

FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison, 
Office of Protected Resources, NMFS, 301-427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Paragraphs 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et 
seq.) direct the Secretary of Commerce (Secretary), upon request, to 
allow for a period of not more than five years, the incidental, but not 
intentional, taking of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and regulations are 
issued. Alternatively, if the taking is limited to harassment, certain 
determinations are made and the authorization does not exceed one year, 
an IHA may be issued. Upon making a finding that an application for 
incidental take is adequate and complete, NMFS commences the incidental 
take authorization process by publishing in the Federal Register a 
notice of receipt of an application for the implementation of 
regulations or a proposed IHA initiating a period for public review and 
comment.
    An authorization for the incidental takings may be granted if NMFS 
finds that the taking during the period for the authorization will have 
a negligible impact on the species or stock(s) of marine mammals, will 
not have an unmitigable adverse impact on the availability of the 
species or stock(s) for subsistence uses (where relevant), and if 
permissible methods of taking and requirements pertaining to the 
mitigation, monitoring, and reporting of such takings are set forth to 
achieve the least practicable adverse impact.
    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.''
    The National Defense Authorization Act of 2004 (NDAA) (Pub. L. 108-
36) modified the MMPA by removing the ``small numbers'' and ``specified 
geographic 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 behavioral patterns are abandoned or significantly altered 
(Level B harassment).''

Summary of Request

    On November 6, 2009, NMFS received an application from the U.S. Air 
Force requesting an authorization for the take of marine mammals 
incidental to NEODS training operations. These training operations are 
properly considered ``military readiness activity'' under the 
provisions of the NDAA. On January, 15, 2010, NMFS published 
notification of receipt (75 FR 2490) in the Federal Register for the 
U.S. Air Force's NEODS training operations and determined that its 
application was adequate and complete. The Federal Register notice 
solicited comments from the public. After the close of the public 
comment period and review of comments, NMFS, on October 1, 2010, NMFS 
published a notification of a proposed rule (75 FR 60694) with the text 
of the proposed rule in the Federal Register for the U.S. Air Force's 
NEODS training operations. The Federal Register notice solicited public 
comments on the preliminary approach taken in the proposed rule. On 
November 30, 2010, NMFS received a revised application from the U.S. 
Air Force which addressed public comments received during the comment 
period for the proposed rule. The application re-estimated the Zones of 
Influence (ZOI) and associated takes on revised thresholds for Level A 
and Level B harassment. On December 5, 2011, NMFS received a revised 
application from the U.S. Air Force with revised monitoring and 
mitigation measures to reduce the potential for lethal take of 
bottlenose dolphins due to an event involving the mortality of common 
dolphins associated with similar explosive training operations at the 
U.S. Navy's Silver Strand Training Complex near San Diego, California. 
On March 22, 2012, NMFS published a notice of final rule (77 FR 16718) 
and final regulation in the Federal Register authorizing take by Level 
B harassment of Atlantic bottlenose dolphins (Tursiops truncatus) 
incidental to the U.S. Air Force's NEODS training operations. The final 
regulations are codified in the Code of Federal Regulations at 50 CFR 
217.80-89.
    Pursuant to these regulations, NMFS is issuing this LOA to 
authorize the take, by Level B (behavioral) harassment, of Atlantic 
bottlenose dolphins incidental to conducting NEODS training operations 
and testing at Eglin Gulf Test and Training Range (EGTTR) at property 
off Santa Rosa Island, FL, in the northern Gulf of Mexico (GOM) in 
accordance with the issuance of one or more Letters of Authorization 
over a 5-year period. Estimated take would average approximately 10 
animals per year; approximately 50 animals over the 5-year period.

Specified Activities

    The specified activities covered by this 5-year LOA are identical 
to those covered in the regulations. NEODS

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missions involve underwater detonations of small, live explosive 
charges adjacent to inert mines. The NEODS may conduct up to eight two-
day demolition training events annually; these missions may occur at 
any time of the year. Each demolition training event involves a maximum 
of five detonations. Up to 20 five-pound (lb) charges (five lbs net 
explosive weight [NEW] per charge) and 20 ten-lb charges (ten lbs NEW 
per charge) would be detonated annually in the GOM, approximately three 
nautical miles (5.6 kilometers) offshore of Eglin AFB. Detonations 
would be conducted on the sea floor, adjacent to an inert mine, at a 
depth of approximately 60 feet (18.3 meters). Additional information on 
the NEODS training operations is contained in the application and final 
rule, which is available upon request (see ADDRESSES).

Mitigation and Monitoring

    The mitigation and monitoring included in this LOA are identical to 
those required by the governing regulations. In summary, they include:
    (1) The time of detonation will be limited to daylight hours (i.e., 
an hour after sunrise and an hour before sunset);
    (2) NEODS missions would be delayed if the Beaufort sea state is 
greater than scale number three (i.e., if whitecaps cover more than 50 
percent of the surface or waves are greater than 0.9 meters (m) (3 feet 
[ft]) to ensure visibility of marine mammals to observers);
    (3) Time delays longer than 10 minutes will not be used and 
initiation of the timer device will not start until the mitigation-
monitoring zone is clear of marine mammals for 30 minutes;
    (4) Observers on boats and/or helicopters will conduct monitoring 
pre-mission, throughout the mission, and post-mission for the presence 
of marine mammals and other protected species indicators;
    (5) NEODS mission would be postponed or suspended if marine mammals 
and/or large concentrations of protected species indicators are 
observed within or about to enter the mitigation-monitoring zone:
    (6) After a delay due to the aforementioned wildlife being detected 
in the mitigation-monitoring zone, the mission would not be continued 
until the wildlife in question is confirmed to be outside the 
mitigation-monitoring zone, the animal(s) are moving away from the 
mission area, and the animal(s) does not re-enter the mitigation-
monitoring zone for 30 minutes; and
    (7) Post-mission monitoring would be conducted to report any 
injured, seriously injured, or dead marine mammals.

Negligible Impact Determination

    As analyzed and described in further detail in the preamble to the 
final regulations, taking authorized under the regulations will have a 
negligible impact on the affected species and stocks of marine mammals.

Authorization

    Accordingly, NMFS has issued an LOA to the U.S. Air Force 
authorizing takes of marine mammals incidental to NEODS training 
operations at Eglin AFB. Issuance of this LOA was based on NMFS's 
determination that the total number of marine mammals taken by the 
activity as a whole shall have no more than a negligible impact on the 
affected marine mammal species, Atlantic bottlenose dolphin. The basis 
for this determination is described in the preamble to the final rule 
(77 FR 16718, March 22, 2012). NMFS also determined that the LOA will 
not have an unmitigable adverse impact on the availability of the 
affected marine mammal stocks for subsistence uses.

    Dated: April 24, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2012-10376 Filed 4-27-12; 8:45 am]
BILLING CODE 3510-22-P