[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40436-40442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16156]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC533


Takes of Marine Mammals Incidental to Specified Activities; Navy 
Training Conducted at the Silver Strand Training Complex, San Diego Bay

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

ACTION: Notice of issuance of an incidental harassment authorization.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that an Incidental 
Harassment Authorization (IHA) has been issued to the U.S. Navy (Navy) 
to take marine mammals, by harassment, incidental to conducting 
training exercises at the Silver Strand Training Complex (SSTC) in the 
vicinity of San Diego Bay, California.

DATES: This authorization is effective from July 18, 2013, until July 
17, 2014.

ADDRESSES: A copy of the application, IHA, and/or a list of references 
used in this document may be obtained by visiting the internet at: 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in 
this notice may also be viewed, by appointment, during regular business 
hours, at the Office of Protected Resources, National Marine Fisheries

[[Page 40437]]

Service, 1315 East-West Highway, Silver Spring, MD 20910-3225.

FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of 
Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (Secretary) to allow, upon request, 
the incidental, but not intentional taking of small numbers 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 shall 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 subsistence uses (where 
relevant), 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.'' The National Defense Authorization Act of 
2004 (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].
    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.

Summary of Request

    NMFS received an application on December 19, 2012, from the Navy 
for the taking, by harassment, of marine mammals incidental to 
conducting training exercises at the Navy's Silver Strand Training 
Complex (SSTC) in the vicinity of San Diego Bay, California. On April 
24, 2013, NMFS published a Federal Register notice (78 FR 24161) 
requesting comments from the public concerning the Navy's proposed 
training activities and NMFS' proposed authorization.

Description of the Specific Activity

    The Navy has conducted a review of its continuing and proposed 
training conducted at the SSTC to determine whether there is a 
potential for harassment of marine mammals. Underwater detonation 
training and pile driving, as summarized below (and detailed in the 
proposed IHA Federal Register notice), may result in the incidental 
take of marine mammals from elevated levels of sound. Other training 
events conducted at the SSTC, which are not expected to rise to the 
level of harassment, are described in the SSTC Final Environmental 
Impact Statement (http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications).

Underwater Detonations

    Underwater detonations are conducted by Explosive Ordnance Disposal 
(EOD) units, Naval Special Warfare (NSW) units, MH-60S Mine 
Countermeasure helicopter squadrons, and Mobile Diving and Salvage 
units at the SSTC. The training provides Navy personnel with hands-on 
experience with the design, deployment, and detonation of underwater 
clearance devices of the general type and size that they are required 
to understand and utilize in combat. EOD units conduct most of the 
underwater detonation training at the SSTC as part of their training in 
the detection, avoidance, and neutralization of mines. Tables 1-3 and 
2-1 in the Navy's LOA application describe in detail the types of 
underwater detonation training events conducted at the SSTC. Below is a 
basic description of some underwater detonation procedures that 
typically apply to underwater training events at the SSTC, with the 
exception of the Unmanned Underwater Vehicle Neutralization and 
Airborne Mine Neutralization System.
     Prior to getting underway, all EOD and NSW personnel 
conduct a detailed safety and procedure briefing to familiarize 
everyone with the goals, objectives, and safety requirements (including 
mitigation zones) applicable to the particular training event.
     For safety reasons, and in accordance with Navy 
directives, given the training nature of many of these events, 
underwater detonations only occur during daylight and are only 
conducted in sea-states of up to Beaufort 3 (presence of large 
wavelets, crests beginning to break, presence of glassy foam, and/or 
perhaps scattered whitecaps).
     EOD or NSW personnel can be transported to the planned 
detonation site via small boat or helicopter depending on the training 
event. Small boats can include 7-m Rigid Hull Inflatable Boats (RHIB), 
zodiacs, or other similar craft as available to the particular unit.
     Once on site, the applicable mitigation zone is 
established and visual survey commences for 30 minutes. Divers enter 
the water to conduct the training objective which could include 
searching for a training object such as a simulated mine or mine-like 
shape.
     For the detonation part of the training, the explosive 
charge and associate charge initiating device are taken to the 
detonation point. The explosives used are military forms of C-4. In 
order to detonate C-4, a fusing and initiating device is required.
     Following a particular underwater detonation, additional 
personnel in the support boats (or helicopter) keep watch within the 
mitigation zone for 30 minutes.
     Concurrent with the post-detonation survey, divers return 
to the detonation site to confirm the explosives detonated correctly 
and retrieve any residual material (pieces of wire, tape, large 
fragments, etc.).
    The Navy uses both time-delay and positive control to initiate 
underwater detonations, depending on the training event and objectives. 
The time-delay method uses a Time-delay Firing Device (TDFD) and the 
positive control method most commonly uses a Remote Firing Device 
(RFD). TDFDs are the simplest, safest, least expensive, most 
operationally acceptable method of initiating an underwater detonation. 
TDFDs are preferred due to their light weight, low magnetic signature 
(in cases of mines sensitive to magnetic fields), and reduced risk of 
accidental

[[Page 40438]]

detonation from nearby radios or other electronics. The Navy considers 
it critical that EOD and NSW platoons qualify annually with necessary 
time-delay certification, maintain proficiency, and train to face real-
world scenarios that require use of TDFDs.

Pile Driving

    Installation and removal of Elevated Causeway System (ELCAS) 
support piles may also result in the harassment of marine mammals. The 
ELCAS is a modular pre-fabricated causeway pier that links offshore 
amphibious supply ships with associated lighterage (i.e., small cargo 
boats and barges). Offloaded vehicles and supplies can be driven on the 
causeway to and from shore.
    During ELCAS training events, 24-inch wide hollow steel piles would 
be driven into the sand in the surf zone with an impact hammer. About 
101 piles would be driven into the beach and surf zone with a diesel 
impact hammer over the course of about 10 days, 24-hours per day (i.e., 
day and night). Each pile takes an average of 10 minutes to install, 
with around 250 to 300 impacts per pile. Pile driving includes a semi-
soft start as part of the normal operating procedure based on the 
design of the drive equipment. The pile driver increases impact 
strength as resistance goes up. At first, the pile driver piston drops 
a few inches. As resistance goes up, the pile driver piston drops from 
a higher distance, providing more impact due to gravity. The pile 
driver can take 5 to 7 minutes to reach full impact strength. As 
chapters of piles are installed, causeway platforms are then hoisted 
and secured onto the piles with hydraulic jacks and cranes. At the end 
of training, the ELCAS piles would be removed with a vibratory 
extractor. Removal takes about 15 minutes per pile over a period of 
around 3 days. ELCAS training may occur along both the ocean side 
(SSTC-North boat and beach lanes) and with the designated training lane 
within Bravo beach on the bayside of SSTC. Up to four ELCAS training/
installation events may occur during the year.

Dates and Duration of Activities

    The Navy's activities will occur between July 2013 and July 2014. 
Most underwater detonation training events include one or two 
detonations. Table 2-1 in the Navy's LOA application shows the 19 
different types and number of training events per year in the SSTC. 
Pile installation and removal would occur over an approximate 13-day 
period, up to four times per year. NMFS has issued a 1-year IHA that 
may be superseded if we issue a Letter of Authorization under 
regulations for the Navy's Hawaii-Southern California Training and 
Testing (HSTT) (which would include the SSTC) prior to expiration of 
the IHA.

Location of Activities

    The SSTC (Figure 1-1 of the Navy's IHA application) is located in 
and adjacent to San Diego Bay, south of Coronado, California and north 
of Imperial Beach, California. The complex is composed of ocean and bay 
training lanes, adjacent beach training areas, ocean anchorages, and 
inland training areas. To facilitate range management and scheduling, 
the SSTC is divided into numerous training sub-areas. A more detailed 
description of the area can be found in the proposed IHA Federal 
Register notice (78 FR 24161, April 24, 2013).

Comments and Responses

    A notice of proposed authorization and request for public comment 
was published on April 24, 2013 (78 FR 24161). During the 30-day public 
comment period, we received comments from the Marine Mammal Commission 
(Commission), the Bureau of Ocean Energy Management (BOEM), and two 
private citizens. BOEM's comments related to typos in the proposed IHA 
notice and recommended clarifications. One of the private citizens was 
generally opposed to naval activities, while the other commended the 
Navy for minimizing threats to marine mammals. NMFS' responses to 
specific comments on the proposed mitigation and monitoring measures 
are provided below.
    Comment 1: The Commission recommends that the Navy ensure 
protection of marine mammals in the areas where detonations will occur 
by (1) conducting in-situ sound measurements of underwater detonations 
and (2) using that information to establish appropriately sized 
mitigation and buffer zones.
    Response: The Navy conducted empirical field measurements of 
underwater detonations at San Clemente Island and the SSTC in 2002. 
During these tests, 2-pound and 15-pound net explosive weight charges 
were placed at 6 and 15 feet of water and peak pressures and energies 
were measured for both bottom placed detonations and detonations off 
the bottom. The Navy found that, in general, single-charge underwater 
detonations, empirically measured, were similar to or less than 
propagation model predictions. Results from these tests were used to 
determine ZOIs and mitigation zones for Very Shallow Water (VSW) 
underwater detonations.
    The Navy plans to conduct a new set of empirical underwater 
detonation propagation measurements at SSTC in the summer/fall of 2013 
and winter of 2014. Data from that study will be incorporated into the 
Navy's model for future actions.
    As described in the proposed IHA notice (78 FR 24161, April 24, 
2013), the Navy will conduct an underwater acoustic propagation 
monitoring project during the first available ELCAS deployment at the 
SSTC. The acoustic monitoring will provide empirical field data on 
actual ELCAS pile driving and removal underwater source levels, and 
propagation specific to ELCAS training at the SSTC. These results will 
be used to either confirm or refine the Navy's exposure predictions and 
expand the mitigation zones if necessary.
    Comment 2: The Commission recommends that the Navy adjust the size 
of the mitigation zones (and subsequent monitoring) using the average 
swim speed of the fastest swimming marine mammal occurring in the area 
during the use of TDFDs.
    Response: NMFS disagrees that the size of the mitigation zones 
needs to be adjusted.
    The Navy already accounts for swim speeds above 3 knots by 
including at least an additional 200 yards when practicable. NMFS 
believes that there is a very low likelihood of an animal entering the 
buffer zone during the brief amount of time that exposure may occur 
without being detected. Even in the absence of mitigation, the Navy's 
modeling suggests that zero animals are likely to randomly enter the 
safety radius in the small amount of times that the detonations 
actually occur and no take by Level A harassment or mortality was 
requested or authorized. It is unlikely that an animal will swim into 
the zone during the brief amount of time that it might be exposed to a 
detonation without being detected by the multiple boats encircling the 
detonation area and observing the mitigation zone.
    Additionally, given the Navy's available resources, and considering 
the small size of boats typically used for monitoring, the required 
mitigation zones are the maximum distances that can be effectively 
monitored. Due to the type of training required during the use of 
TDFDs, the Navy has limited survey vessels and manpower available for 
monitoring. Scheduling additional vessels and crews would degrade the 
overall training readiness of the other unit(s) involved. If the Navy 
adopted a more precautionary swim speed and implemented larger 
mitigation zones,

[[Page 40439]]

surveillance resources could not be increased and the same number of 
boats would be spread out over a larger area, diluting the Navy's 
ability to effectively monitor the mitigation zone.
    Comment 3: The Commission recommends that the Navy monitor the 
extent of the Level B harassment zones using additional shore- or 
vessel-based observers to (1) determine the numbers of marine mammals 
taken during pile driving and removal activities and (2) characterize 
the effects on them.
    Response: Consistent with previous authorizations for activities at 
SSTC, the Navy proposed to monitor a 50-yard radius during ELCAS pile 
driving and removal events. This mitigation zone is based on the 
predicted range to Level A harassment (180 dB) for cetaceans, and is 
applied conservatively to both cetaceans and pinnipeds. The Navy 
proposed to monitor for the presence of marine mammals beginning 30 
minutes before any ELCAS pile driving or removal event, continuing 
during pile driving and removal, and ending 30 minutes after completion 
of any pile driving or removal event. At least one observer would 
monitor the mitigation zone from shore. If a marine mammal is seen 
within the 50-yard radius, pile driving and removal events would be 
shutdown or delayed until the animal has voluntarily left the 
mitigation zone.
    The 50-yard mitigation zone for ELCAS mitigation is practical for 
the Navy and NMFS believes that this distance will prevent Level A 
harassment and reduce the potential for Level B harassment. Monitoring 
of the Level B harassment zone is impractical for the Navy given the 
size of the zone (>1,000 yards) and limited number of resources (e.g., 
small boats and personnel). NMFS believes that the 50-yard mitigation 
zone will prevent Level A harassment and reduce the potential for Level 
B harassment, especially considering the limited duration of the 
activity (about 3 days of pile driving and 10 days of pile removal) and 
the close proximity to shore (1,000 yards).

Potential Effects on Marine Mammals

    The Potential Effects on Marine Mammals section of the proposed IHA 
included a qualitative discussion of the different ways that underwater 
detonation events and pile driving and removal activities would impact 
marine mammals without consideration of mitigation and monitoring 
measures (78 FR 24161, April 24, 2013; pages 24167-24172). Marine 
mammals may experience direct physiological effects (e.g., threshold 
shift and non-acoustic injury), acoustic masking, impaired 
communication, and behavioral disturbance. The information contained in 
this section of the proposed IHA has not changed.

Mitigation Measures

    In order to issue an incidental take authorization 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, and on the availability of such species 
or stock for taking for certain subsistence uses. The NDAA of 2004 
amended the MMPA as it relates to military-readiness activities and the 
authorization 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 activities described in the Navy's LOA 
application and summarized earlier in this document are considered 
military readiness activities.
    NMFS reviewed the proposed activities and the proposed mitigation 
measures as described in the Navy's LOA application to determine if 
they would result in the least practicable adverse effect on marine 
mammals, which includes 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 effectiveness of the military readiness activity. NMFS 
described the Navy's proposed mitigation measures in detail in the 
proposed IHA (78 FR 24161, April 24, 2013; pages 24172-24175). These 
required mitigation measures, summarized below, have not changed.
    Mitigation zones for all underwater detonation events and pile 
driving and removal activities;
    Underwater detonations will only occur during daylight hours;
    Anchored floats will be used to mark the outer limits of the 
mitigation zone (vsw, pos);
    A safety observer will ensure the detonation site is clear before 
an underwater detonation event;
    Boat-based and shore-based observers will monitor for marine 
mammals before, during, and after underwater detonation events, 
depending on the type of activity;
    Any observed injured or stressed marine mammal will be reported to 
the Navy and NMFS;
    Time-delays longer than 10 minutes will not be used;
    If a marine mammals is sighted within a mitigation zone, underwater 
detonation events and ELCAS training will be delayed or stopped until 
the animal voluntarily leaves or the zone is clear from sightings for 
30 minutes, depending on the type of activity; and
    The Navy will implement a soft start for all ELCAS pile driving.

Monitoring and Reporting

    In order to issue an ITA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth, where applicable, 
``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 ITAs 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 in the proposed action area.
    This section of the proposed IHA included a detailed description of 
the Navy's proposed monitoring measures (78 FR 24161, April 24, 2013; 
pages 24175-24176). These required monitoring measures, summarized 
below, have not changed. In addition to the mitigation monitoring 
described above, the Navy will monitor a subset of SSTC underwater 
detonation events to validate the Navy's pre- and post-event mitigation 
effectiveness, and observe marine mammal reaction, or lack of reaction 
to SSTC training events. The Navy will also conduct an acoustic 
monitoring project during the first field deployment of the ELCAS.

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.'' Effective reporting is 
critical both to compliance as well as ensuring that the most value is 
obtained from the required monitoring. This section of the proposed IHA 
included a detailed description of the Navy's proposed reporting 
measures. These required reporting measures, summarized below, have not 
changed.
    General notification of injured or dead marine mammals; and
    Monitoring/exercise report due 90 days after the expiration of the 
IHA.

Past Monitoring and Reporting

    The Navy has complied with monitoring and reporting requirements 
under their previous IHAs for the SSTC.

[[Page 40440]]

To date, two underwater demolition training events have been observed 
by protected species observers between July 2012 and November 2012. 
Broad scale Navy-funded monitoring in support of the Navy's Southern 
California (SOCAL) Range Complex Letter of Authorization has typically 
focused on the offshore waters north and west of the SSTC. The Navy 
obtained special flight permission to survey the vicinity of the SSTC 
during part of three aerial surveys under the SOCAL monitoring plan in 
2011-2012. As anticipated, marine mammal sightings were limited and 
included several California sea lions and a few unidentified dolphins, 
although the dolphin sightings were several miles offshore from the 
normal SSTC training area.

Estimated Take by Incidental Harassment

    In the Estimated Take by Incidental Harassment section of the 
proposed IHA, NMFS provided a detailed description of the potential 
effects to marine mammals from underwater detonations and ELCAS pile 
driving and removal under the MMPA's definitions of Level A and Level B 
harassment and attempted to quantify the effects that might occur from 
the specified activities (78 FR 24161, April 24, 2013; pages 24176-
24178). The proposed IHA also included a description of the Navy's 
quantitative exposure modeling methodology. That information has not 
changed; however, there was an error in the column headlines of Table 
6, which were corrected and are provided below. In summary, for all 
underwater detonations and ELCAS pile driving activities, the Navy's 
impact model predicts that no mortality and/or Level A harassment 
(injury) will occur to marine mammal species and stocks within the 
action area (Tables 5 and 6).

  Table 5--The Navy's Modeled Estimates of Species Exposed to Underwater Detonations Without Implementation of
                                               Mitigation Measures
----------------------------------------------------------------------------------------------------------------
                                                          Annual marine mammal exposure (all sources)
                                              ------------------------------------------------------------------
                                                Level B behavior    Level B TTS       Level A        Mortality
                                                   (multiple     -----------------------------------------------
                                                   successive
                   Species                      explosive events
                                                     only)          182 dB re 1     205 dB re 1
                                              ------------------- [mu]Pa\2\-s/23   [mu]Pa\2\-s/     30.5 psi-ms
                                                  177 dB re 1           psi         13.0 psi-ms
                                                     [mu]Pa
----------------------------------------------------------------------------------------------------------------
Gray Whale:
    Warm.....................................                N/A             N/A             N/A             N/A
    Cold.....................................                  0               0               0               0
Bottlenose Dolphin:
    Warm.....................................                 30              43               0               0
    Cold.....................................                 40              55               0               0
California Sea Lion:
    Warm.....................................                  4               4               0               0
    Cold.....................................                 40              51               0               0
Harbor Seal:
    Warm.....................................                  0               0               0               0
    Cold.....................................                  0               0               0               0
Long-beaked common dolphin:
    Warm.....................................                 14              21               0               0
    Cold.....................................                  7              10               0               0
Pacific white-sided dolphin:
    Warm.....................................                  2               3               0               0
    Cold.....................................                  3               4               0               0
Risso's dolphin:
    Warm.....................................                  3               4               0               0
    Cold.....................................                 11              15               0               0
Short-beaked common dolphin:
    Warm.....................................                123             177               0               0
    Cold.....................................                 62              86               0               0
                                              ------------------------------------------------------------------
        Total Annual Exposures...............                339             473               0               0
----------------------------------------------------------------------------------------------------------------


      Table 6--Exposure Estimates From ELCAS Pile Driving and Removal Prior to Implementation of Mitigation
----------------------------------------------------------------------------------------------------------------
                                                          Annual marine mammal exposure (all sources)
                                              ------------------------------------------------------------------
                                                Level B behavior      Level B         Level A         Level A
                                                 (Non-Impulse)       Behavior       (Cetacean)      (Pinniped)
                   Species                    -------------------    (Impulse)   -------------------------------
                                                                 ----------------
                                                 120 dBrms re 1   160 dBrms re 1  180 dBrms re 1  190 dBrms re 1
                                                     [mu]Pa           [mu]Pa          [mu]Pa          [mu]Pa
----------------------------------------------------------------------------------------------------------------
Gray Whale:
    Installation.............................                N/A               0               0               0
    Removal..................................                  6             N/A               0               0
Bottlenose Dolphin:
    Installation.............................                N/A              40               0               0
    Removal..................................                168             N/A               0               0
California Sea Lion:.........................

[[Page 40441]]

 
    Installation.............................                N/A              20               0               0
    Removal..................................                102             N/A               0               0
Harbor Seal:
    Installation.............................                N/A               0               0               0
    Removal..................................                 12             N/A               0               0
Long-beaked common dolphin:
    Installation.............................                N/A               0               0               0
    Removal..................................                 54             N/A               0               0
Pacific white-sided dolphin:
    Installation.............................                N/A               0               0               0
    Removal..................................                 12             N/A               0               0
Risso's dolphin:
    Installation.............................                N/A               0               0               0
    Removal..................................                 30             N/A               0               0
Short-beaked common dolphin:
    Installation.............................                N/A              80               0               0
    Removal..................................                462             N/A               0               0
                                              ------------------------------------------------------------------
    Total Annual Exposures...................                846             140               0               0
----------------------------------------------------------------------------------------------------------------

Anticipated Effects on Habitat

    The Anticipated Effects on Habitat section of the proposed IHA 
included a detailed discussion of the potential impacts on habitats 
used by marine mammals (78 FR 24161, April 24, 2013; pages 24178-
24179). The information contained in the proposed IHA has not changed. 
In summary, the specified activities are not expected to result in any 
permanent impact on marine mammal habitat or food resources.

Subsistence Harvest of Marine Mammals

    NMFS has determined that the Navy's training activities at the SSTC 
will not have an unmitigable adverse impact on the availability of the 
affected species or stocks for subsistence use since there are no such 
uses in the specified area.

Negligible Impact Analysis and Determination

    Pursuant to NMFS' regulations implementing the MMPA, an applicant 
is required to estimate the number of animals that will be ``taken'' by 
the specified activities (i.e., takes by harassment only, or takes by 
harassment, injury, and/or death). This estimate informs the analysis 
that NMFS must perform to determine whether the activity will have a 
``negligible impact'' on the species or stock. Level B (behavioral) 
harassment occurs at the level of the individual(s) and does not assume 
any resulting population-level consequences, though there are known 
avenues through which behavioral disturbance of individuals can result 
in population-level effects. 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 of 
Level B harassment takes, alone, is not enough information on which to 
base an impact determination. In addition to considering estimates of 
the number of marine mammals that might be ``taken'' through behavioral 
harassment, NMFS must 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 proposed IHA included a section that addressed the analysis and 
negligible impact determination of the Navy's activities on the 
affected species or stocks (78 FR 24161, April 24, 2013; pages 24179-
24180). The information in the proposed IHA has not changed and our 
determination is summarized here. Taking the discussion in the proposed 
IHA into account, we have determined that the Navy's underwater 
detonations and ELCAS pile driving and removal will have a negligible 
impact on the marine mammal species and stocks present in the SSTC. 
This determination is based on relatively small zones of influence for 
the underwater detonations; shallow water areas that will contain the 
spreading of explosive energy; low marine mammal densities within the 
action area; NMFS' anticipation that no mortalities or injuries to 
marine mammals will occur; and the required mitigation and monitoring 
measures detailed in the IHA.

Endangered Species Act (ESA)

    No marine mammal species are listed as endangered or threatened 
under the ESA with confirmed or possible occurrence in the study area. 
Therefore, section 7 consultation under the ESA for NMFS's issuance of 
an MMPA authorization is not warranted.

National Environmental Policy Act (NEPA)

    The Navy prepared a Final Environmental Impact Statement (EIS) for 
the proposed SSTC training activities, which was released in January 
2011 and is available at http://www.silverstrandtrainingcomplexeis.com/EIS.aspx/. NMFS is a cooperating agency (as defined by the Council on 
Environmental Quality (40 CFR 1501.6)) in the preparation of the EIS. 
NMFS has subsequently adopted the FEIS for the SSTC training 
activities.
    As a result of these determinations, NMFS has issued an IHA to the 
Navy to

[[Page 40442]]

conduct training activities at the SSTC Study Area, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated.

    Dated: July 1, 2013.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2013-16156 Filed 7-3-13; 8:45 am]
BILLING CODE 3510-22-P