[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Notices]
[Pages 79843-79862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32154]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE343


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the U.S. Air Force Conducting 
Maritime Weapon Systems Evaluation Program Operational Testing Within 
the Eglin Gulf Test and Training Range

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 (hereinafter, ``we'' or ``our'') received an application 
from the U.S. Department of the Air Force, Headquarters 96th Air Base 
Wing (Air Force), Eglin Air Force Base (Eglin AFB), requesting an 
Incidental Harassment Authorization (Authorization) to take marine 
mammals, by harassment, incidental to a Maritime Weapon Systems 
Evaluation Program (Maritime WSEP) within a section of the Eglin Gulf 
Test and Training Range in the northern Gulf of Mexico.
    Eglin AFB's activities are military readiness activities per the 
Marine Mammal Protection Act (MMPA), as amended by the National Defense 
Authorization Act (NDAA) for Fiscal Year 2004. Per the MMPA, NMFS 
requests comments on its proposal to issue an Authorization to Eglin 
AFB to incidentally take, by Level B and Level A harassment, two 
species of marine mammals, the Atlantic bottlenose dolphin (Tursiops 
truncatus) and Atlantic spotted dolphin (Stenella frontalis), during 
the specified activity.

DATES: NMFS must receive comments and information no later than January 
22, 2016.

ADDRESSES: Address comments on the application to Jolie Harrison, 
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910. The mailbox address for providing email 
comments is [email protected]. Please include 0648-XE343 in the subject 
line. Comments sent via email to [email protected], including all 
attachments, must not exceed a 25-megabyte file size. NMFS is not 
responsible for email comments sent to addresses other than the one 
provided in this notice.
    Instructions: All submitted comments are a part of the public 
record, and generally we will post them to http://www.nmfs.noaa.gov/pr/permits/incidental/military.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.
    To obtain an electronic copy of the 2015 renewal request, the 2014 
application, a list of the references used in this document, and Eglin 
AFB's Environmental Assessment (EA) titled, ``Maritime Weapons System 
Evaluation Program,'' write to the previously mentioned address, 
telephone the contact listed here (see FOR FURTHER INFORMATION 
CONTACT), or visit the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm.

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

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act 
of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary 
of Commerce to allow, upon request, the incidental, but not 
intentional, taking of small numbers of marine mammals of a species or 
population stock, by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if, after NMFS provides a notice of a proposed authorization to the 
public for review and comment: (1) NMFS makes certain findings; and (2) 
the taking is limited to harassment.
    An Authorization for incidental takings for marine mammals 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; Public Law 
108-136) removed the ``small numbers'' and ``specified geographical 
region'' limitations indicated earlier 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 February 5, 2015, we issued an Authorization to Eglin AFB to 
take marine mammals, by harassment, incidental to a Maritime Weapon 
Systems Evaluation Program (Maritime WSEP) within the Eglin Gulf Test 
and Training Range (EGTTR) in the Gulf of Mexico from February through 
April 2015 (see 80 FR 17394, April 1, 2015). Eglin AFB conducted the 
Maritime WSEP training activities between February 9-12, and March 16-
19, 2015. However, due to unavailability of some of the live munitions, 
Eglin AFB released only 1.05 percent of the munitions proposed for the 
2015 military readiness activities. On May 28, 2015, we received a 
renewal request for an Authorization from Eglin AFB to complete the 
missions authorized in 2015. Following the initial application 
submission, Eglin AFB submitted a revised version of the renewal 
request on December 3, 2015. We considered the revised renewal request 
as adequate and complete on December 10, 2015.
    Eglin AFB proposes to conduct Maritime WESP missions within the 
EGTTR airspace over the Gulf of

[[Page 79844]]

Mexico, specifically within Warning Area 151 (W-151). The proposed 
Maritime WSEP training activities would occur February through April 
(spring) in the daytime; however, the activities could occur between 
February 2016 and February 2017.
    Eglin AFB proposes to use multiple types of live munitions (e.g., 
gunnery rounds, rockets, missiles, and bombs) against small boat 
targets in the EGTTR. These activities qualify as a military readiness 
activities under the MMPA and NDAA.
    The following aspects of the proposed Maritime WSEP training 
activities have the potential to take marine mammals: Exposure to 
impulsive noise and pressure waves generated by live ordnance 
detonation at or near the surface of the water. Take, by Level B 
harassment of individuals of common bottlenose dolphin or Atlantic 
spotted dolphin could potentially result from the specified activity. 
Additionally, although NMFS does not expect it to occur, Eglin AFB has 
also requested authorization for Level A Harassment of up to 38 
individuals of either common bottlenose dolphins or Atlantic spotted 
dolphins. Therefore, Eglin AFB has requested authorization to take 
individuals of two cetacean species by Level A and Level B harassment.
    Eglin AFB's Maritime WSEP training activities may potentially 
impact marine mammals at or near the water surface in the absence of 
mitigation. Marine mammals could potentially be harassed, injured, or 
killed by exploding and non-exploding projectiles, and falling debris. 
However, based on analyses provided in Eglin AFB's 2015 Authorization 
renewal request; 2014 application; 2015 Environmental Assessment (EA); 
the 2015 monitoring report for the authorized activities conducted in 
February and March 2015; and for reasons discussed later in this 
document, we do not anticipate that Eglin AFB's Maritime WSEP 
activities would result in any serious injury or mortality to marine 
mammals.
    For Eglin AFB, this would be the second such Authorization, if 
issued, following the Authorization issued effective from February 
through April 2015 (80 FR 17394, April 1, 2015). The monitoring report 
associated with the 2015 Authorization is available at 
www.nmfs.noaa.gov/pr/permits/incidental/military.htm and provides 
additional environmental information related to proposed issuance of 
this Authorization for public review and comment.

Description of the Specified Activity

Overview

    Eglin AFB proposes to conduct live ordnance testing and training in 
the Gulf of Mexico as part of the Maritime WSEP operational testing 
missions. The Maritime WSEP test objectives are to evaluate maritime 
deployment data, evaluate tactics, techniques and procedures, and to 
determine the impact of techniques and procedures on combat Air Force 
training. The need to conduct this type of testing has developed in 
response to increasing threats at sea posed by operations conducted 
from small boats which can carry a variety of weapons; can form in 
large or small numbers; and may be difficult to locate, track, and 
engage in the marine environment. Because of limited Air Force aircraft 
and munitions testing on engaging and defeating small boat threats, 
Eglin AFB proposes to employ live munitions against boat targets in the 
EGTTR in order to continue development of techniques and procedures to 
train Air Force strike aircraft to counter small maneuvering surface 
vessels. Thus, the Department of Defense considers the Maritime WSEP 
training activities as a high priority for national security.

Dates and Duration

    Eglin AFB proposes to schedule the Maritime WSEP training missions 
over an approximate three-week period that would begin in early 
February 2016. The proposed missions would occur in the spring, on 
weekdays, during daytime hours only, with one or two missions occurring 
per day. Some minor deviation from Eglin AFB's requested dates is 
possible and the proposed Authorization, if issued, would be effective 
from February 4, 2016 through February 3, 2017.

Specified Geographic Region

    The specific planned mission location is approximately 17 miles 
(mi) (27.3 kilometers [km]) offshore from Santa Rosa Island, Florida, 
in nearshore waters of the continental shelf in the Gulf of Mexico. All 
activities would take place within the EGTTR, defined as the airspace 
over the Gulf of Mexico controlled by Eglin AFB, beginning at a point 
three nautical miles (nmi) (3.5 miles [mi]; 5.5 kilometers [km]) from 
shore. The EGTTR consists of subdivided blocks including Warning Area 
151 (W-151) where the proposed activities would occur, specifically in 
sub-area W-151A shown (Figure 1).
    W-151: The inshore and offshore boundaries of W-151 are roughly 
parallel to the shoreline contour. The shoreward boundary is three nmi 
(3.5 mi; 5.5 km) from shore, while the seaward boundary extends 
approximately 85 to 100 nmi (97.8 mi; 157.4 km to 115 mi; 185.2 km) 
offshore, depending on the specific location. W-151 covers a surface 
area of approximately 10,247 square nmi [nmi\2\] (13,570 square mi 
[mi\2\]; 35,145 square km [km\2\]), and includes water depths ranging 
from about 20 to 700 meters (m) (65.6 to 2296.6 feet [ft]). This range 
of depth includes continental shelf and slope waters. Approximately 
half of W-151 lies over the shelf.
    W-151A: W-151A extends approximately 60 nmi (69.0 mi; 111.1 km) 
offshore and has a surface area of 2,565 nmi\2\ (3,396.8 mi\2\; 8,797 
km\2\). Water depths range from about 30 to 350 m (98.4 to 1148.2 ft) 
and include continental shelf and slope zones. However, most of W-151A 
occurs over the continental shelf, in water depths less than 250 m 
(820.2 ft). Maritime WSEP training missions will occur in the 
shallower, northern inshore portion of the sub-area, in a water depth 
of about 35 meters (114.8 ft).

[[Page 79845]]

[GRAPHIC] [TIFF OMITTED] TN23DE15.001

Detailed Description of Activities

    The Maritime WSEP training missions, classified as military 
readiness activities, include the release of multiple types of inert 
and live munitions from fighter and bomber aircraft, unmanned aerial 
vehicles, and gunships against small, static, towed, and remotely-
controlled boat targets. Munition types include bombs, missiles, 
rockets, and gunnery rounds (Table 1).

                  Table 1--Live Munitions and Aircraft
------------------------------------------------------------------------
                                          Aircraft (not associated with
               Munitions                       specific munitions)
------------------------------------------------------------------------
GBU-10 laser-guided Mk-84 bomb.........  F-16C fighter aircraft.
GBU-24 laser-guided Mk-84 bomb.........  F-16C+ fighter aircraft.
GBU-12 laser-guided Mk-82 bomb.........  F-15E fighter aircraft.
GBU-54 Laser Joint Direct Attack         A-10 fighter aircraft.
 Munition (LJDAM), laser-guided Mk-82
 bomb.
CBU-105 (WCMD) (inert).................  B-1B bomber aircraft.
AGM-65 Maverick air-to-surface missile.  B-52H bomber aircraft.
GBU-38 Small Diameter Bomb II (Laser     MQ-1/9 unmanned aerial vehicle.
 SDB).
AGM-114 Hellfire air-to-surface missile  AC-130 gunship.
AGM-176 Griffin air-to-surface missile.
2.75 Rockets...........................
PGU-13/B high explosive incendiary 30
 mm rounds.
7.62 mm/.50 Cal (inert)................
------------------------------------------------------------------------
Key: AGM = air-to-ground missile; CBU = Cluster Bomb Unit; GBU = Guided
  Bomb Unit; LJDAM = Laser Joint Direct Attack Munition; Laser SDB =
  Laser Small Diameter Bomb; mm = millimeters; PGU = Projectile Gun
  Unit; WCMD = wind corrected munition dispenser.

    The proposed Maritime WSEP training activities involve detonations 
above the water, near the water surface, and under water within the 
EGTTR. However, because the tests will focus on weapons/target 
interaction, Eglin AFB will not specify a particular aircraft for a 
given test as long as it meets the delivery parameters.
    Eglin AFB would deploy the munitions against static, towed, and 
remotely-controlled boat targets within the W-151A. Eglin AFB would 
operate the remote-controlled boats from an

[[Page 79846]]

instrumentation barge (i.e., the Gulf Range Armament Test Vessel; 
GRATV) anchored on site within the test area. The GRATV would provide a 
platform for video cameras and weapons-tracking equipment. Eglin AFB 
would position the target boats approximately 182.8 m (600 ft) from the 
GRATV, depending on the munition type.
    Table 2 lists the number, height, or depth of detonation, explosive 
material, and net explosive weight (NEW) in pounds (lbs) of each 
munition proposed for use during the Maritime WSEP activities.

                    Table 2--Maritime WSEP Munitions Proposed for Use in the W-151A Test Area
----------------------------------------------------------------------------------------------------------------
                                   Total number                                                  Net explosive
        Type of  munition             of live       Detonation type      Warhead--explosive       weight per
                                     munitions                                material             munition
----------------------------------------------------------------------------------------------------------------
GBU-10 or GBU-24................               2  Surface............  MK-84--Tritonal......  945 lbs.
GBU-12 or GBU-54 (LJDAM)........               6  Surface............  MK-82--Tritonal......  192 lbs.
AGM-65 (Maverick)...............               6  Surface............  WDU-24/B penetrating   86 lbs.
                                                                        blast-fragmentation
                                                                        warhead.
CBU-105 (WCMD)..................               4  Airburst...........  10 BLU-108 sub-        Inert.
                                                                        munitions each
                                                                        containing 4
                                                                        projectiles
                                                                        parachute, rocket
                                                                        motor and altimeter.
GBU-38 (Laser Small Diameter                   4  Surface............  AFX-757 (Insensitive   37 lbs.
 Bomb).                                                                 munition).
AGM-114 (Hellfire)..............              15  Subsurface (10 msec  High Explosive Anti-   20 lbs.
                                                   delay).              Tank (HEAT) tandem
                                                                        anti-armor metal
                                                                        augmented charge.
AGM-176 (Griffin)...............              10  Surface............  Blast fragmentation..  13 lbs.
2.75 Rockets....................             100  Surface............  Comp B-4 HEI.........  Up to 12 lbs.
PGU-12 HEI 30 mm................           1,000  Surface............  30 x 173 mm caliber    0.1 lbs.
                                                                        with aluminized RDX
                                                                        explosive. Designed
                                                                        for GAU-8/A Gun
                                                                        System.
7.62 mm/.50 cal.................           5,000  Surface............  N/A..................  Inert.
----------------------------------------------------------------------------------------------------------------
Key: AGL = above ground level; AGM = air-to-ground missile; CBU = Cluster Bomb Unit; GBU = Guided Bomb Unit;
  JDAM = Joint Direct Attack Munition; LJDAM = Laser Joint Direct Attack Munition; mm = millimeters; msec =
  millisecond; lbs = pounds; PGU = Projectile Gun Unit; HEI = high explosive incendiary.

    At least two ordnance delivery aircraft will participate in each 
live weapons release training mission which lasts approximately four 
hours. Before delivering the ordnance, mission aircraft would make a 
dry run over the target area to ensure that it is clear of commercial 
and recreational boats. Jets will fly at a minimum air speed of 300 
knots (approximately 345 miles per hour, depending on atmospheric 
conditions) and at a minimum altitude of 305 m (1,000 ft). Due to the 
limited flyover duration and potentially high speed and altitude, the 
pilots would not participate in visual surveys for protected species. 
Eglin AFB's 2015 renewal request, 2014 application for the same 
activities, and 2015 EA, which is available upon request (see 
ADDRESSES), contain additional detailed information on the Maritime 
WSEP training activities.

Description of Marine Mammals in the Area of the Specified Activity

    Table 3 lists marine mammal species with potential or confirmed 
occurrence in the proposed activity area during the project timeframe 
and summarizes key information regarding stock status and abundance. 
Please see NMFS' draft 2015 and 2014 Stock Assessment Reports (SAR), 
available at www.nmfs.noaa.gov/pr/sars and Garrison et al., 2008; Navy, 
2007; Davis et al., 2000 for more detailed accounts of these stocks' 
status and abundance.

                     Table 3--Marine Mammals That Could Occur in the Proposed Activity Area
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                                                       Regulatory status       Estimated           Relative
             Species                  Stock name              1 2              abundance       occurrence in W-
------------------------------------------------------------------------------------------------------151-------
Common bottlenose Dolphin.......  Choctawatchee Bay.  MMPA-S............  179...............  Uncommon.
                                                      ESA-NL............  CV = 0.04 \3\.....
                                  Pensacola/East Bay  MMPA-S............  33................  Uncommon.
                                                      ESA-NL............  CV = 0.80 \4\.....
                                  St. Andrew Bay....  MMPA-S............  124...............  Uncommon.
                                                      ESA-NL............  CV = 0.57 \4\.....
                                  Gulf of Mexico      MMPA-S............  7,185.............  Common.
                                   Northern Coastal.  ESA-NL............  CV = 0.21 \3\.....
                                  Northern Gulf of    MMPA-NC...........  51,192............  Uncommon.
                                   Mexico             ESA-NL............  CV = 0.10 \3\.....
                                   Continental Shelf.
                                  Northern Gulf of    MMPA-NC...........  5,806.............  Uncommon.
                                   Mexico Oceanic.    ESA-NL............  CV = 0.39 \4\.....
Atlantic spotted dolphin........  Northern Gulf of    MMPA-NC...........  37,611 \4\........  Common.
                                   Mexico.            ESA-NL............  CV = 0.28.........
----------------------------------------------------------------------------------------------------------------
\1\ MMPA: D = Depleted, S = Strategic, NC = Not Classified.
\2\ ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\3\ NMFS Draft 2015 SAR (Waring et al., 2015).
\4\ NMFS 2014 SAR (Waring et al., 2014).


[[Page 79847]]

    An additional 19 cetacean species could occur within the 
northeastern Gulf of Mexico, mainly occurring at or beyond the shelf 
break (i.e., water depth of approximately 200 m (656.2 ft)) located 
beyond the W-151A test area. NMFS and Eglin AFB consider these 19 
species to be rare or extralimital within the W-151A test location 
area. These species are the Bryde's whale (Balaenoptera edeni), sperm 
whale (Physeter macrocephalus), dwarf sperm whale (Kogia sima), pygmy 
sperm whale (K. breviceps), pantropical spotted dolphin (Stenella 
atenuarta), Blainville's beaked whale (Mesoplodon densirostris), 
Cuvier's beaked whale (Ziphius cavirostris), Gervais' beaked whale (M. 
europaeus), Clymene dolphin (S. clymene), spinner dolphin (S. 
longirostris), striped dolphin (S. coeruleoalba), killer whale (Orcinus 
orca), false killer whale (Pseudorca crassidens), pygmy killer whale 
(Feresa attenuata), Risso's dolphin (Grampus griseus), Fraser's dolphin 
(Lagenodelphis hosei), melon-headed whale (Peponocephala electra), 
rough-toothed dolphin (Steno bredanensis), and short-finned pilot whale 
(Globicephala macrorhynchus).
    Of these species, only the sperm whale is listed as endangered 
under the ESA and as depleted throughout its range under the MMPA. 
Sperm whale occurrence within W-151A is unlikely because almost all 
reported sightings have occurred in water depths greater than 200 m 
(656.2 ft).
    Because these species are unlikely to occur within the W-151A area, 
Eglin AFB has not requested and NMFS has not proposed the issuance of 
take authorizations for them. Thus, NMFS does not consider these 
species further in this notice.
    We have reviewed Eglin AFB's species descriptions, including life 
history information, distribution, regional distribution, diving 
behavior, and acoustics and hearing, for accuracy and completeness. We 
refer the reader to Sections 3 and 4 of Eglin AFB's 2014 Authorization 
application and to Chapter 3 in Eglin AFB's EA rather than reprinting 
the information here.

Other Marine Mammals in the Proposed Action Area

    The endangered West Indian manatee (Trichechus manatus) rarely 
occurs in the area (USAF, 2014). The U.S. Fish and Wildlife Service has 
jurisdiction over the manatee; therefore, we would not include a 
proposed Authorization to harass manatees and do not discuss this 
species further in this notice.

Potential Effects of the Specified Activity on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components (e.g., exposure to impulsive noise and pressure waves 
generated by live ordnance detonation at or near the surface of the 
water) of the specified activity, including mitigation may impact 
marine mammals and their habitat. The ``Estimated Take by Incidental 
Harassment'' section later in this document will include a quantitative 
analysis of the number of individuals that we expect Eglin AFB to take 
during this activity. The ``Negligible Impact Analysis'' section will 
include the analysis of how this specific activity would impact marine 
mammals. We will consider the content of the following sections: 
``Estimated Take by Incidental Harassment'' and ``Proposed Mitigation'' 
to draw conclusions regarding the likely impacts of these activities on 
the reproductive success or survivorship of individuals--and from that 
consideration--the likely impacts of this activity on the affected 
marine mammal populations or stocks.
    In the following discussion, we provide general background 
information on sound and marine mammal hearing before considering 
potential effects to marine mammals from sound produced by underwater 
detonations.

Brief Background on Sound and WSEP Sound Types

    Sound travels in waves, the basic components of which are 
frequency, wavelength, velocity, and amplitude. Frequency is the number 
of pressure waves that pass by a reference point per unit of time and 
is measured in hertz (Hz) or cycles per second. Wavelength is the 
distance between two peaks of a sound wave; lower frequency sounds have 
longer wavelengths than higher frequency sounds and attenuate 
(decrease) more rapidly in shallower water. Amplitude is the height of 
the sound pressure wave or the ``loudness'' of a sound and is typically 
measured using the decibel (dB) scale. A dB is the ratio between a 
measured pressure (with sound) and a reference pressure (sound at a 
constant pressure, established by scientific standards). It is a 
logarithmic unit that accounts for large variations in amplitude; 
therefore, relatively small changes in dB ratings correspond to large 
changes in sound pressure. When referring to sound pressure levels 
(SPLs; the sound force per unit area), sound is referenced in the 
context of underwater sound pressure to 1 microPascal ([mu]Pa). One 
pascal is the pressure resulting from a force of one newton exerted 
over an area of one square meter. The source level (SL) represents the 
sound level at a distance of 1 m from the source (referenced to 1 
[mu]Pa). The received level is the sound level at the listener's 
position. Note that we reference all underwater sound levels in this 
document to a pressure of 1 [mu]Pa.
    Root mean square (rms) is the quadratic mean sound pressure over 
the duration of an impulse. Acousticians calculate rms by squaring all 
of the sound amplitudes, averaging the squares, and then taking the 
square root of the average (Urick, 1983). Rms accounts for both 
positive and negative values; squaring the pressures makes all values 
positive so that one can account for the values in the summation of 
pressure levels (Hastings and Popper, 2005). Researchers often use this 
measurement in the context of discussing behavioral effects, in part 
because behavioral effects, which often result from auditory cues, may 
be better expressed through averaged units than by peak pressures.
    The sounds produced by the proposed WSEP activities fall into one 
of two general sound types: Impulsive (defined in the following) and 
non-pulsed. The distinction between these two sound types is important 
because they have differing potential to cause physical effects, 
particularly with regard to hearing (e.g., Ward, 1997 in Southall et 
al., 2007). Please see Southall et al., (2007) for an in-depth 
discussion of these concepts.
    Impulsive sound sources (e.g., explosions, gunshots, sonic booms, 
impact pile driving) produce signals that are brief (typically 
considered to be less than one second), broadband, atonal transients 
(ANSI, 1986; Harris, 1998; NIOSH, 1998; ISO, 2003; ANSI, 2005) and 
occur either as isolated events or repeated in some succession. These 
sounds have a relatively rapid rise from ambient pressure to a maximal 
pressure value followed by a rapid decay period that may include a 
period of diminishing, oscillating maximal and minimal pressures, and 
generally have an increased capacity to induce physical injury as 
compared with sounds that lack these features.

Marine Mammal Hearing

    When considering the influence of various kinds of sound on the 
marine environment, it is necessary to understand that different kinds 
of marine life are sensitive to different frequencies of sound. Current 
data indicate that not all marine mammal species have equal hearing 
capabilities (Richardson et al., 1995; Southall et al.,

[[Page 79848]]

1997; Wartzok and Ketten, 1999; Au and Hastings, 2008).
    Southall et al. (2007) designated ``functional hearing groups'' for 
marine mammals based on available behavioral data; audiograms derived 
from auditory evoked potentials; anatomical modeling; and other data. 
Southall et al. (2007) also estimated the lower and upper frequencies 
of functional hearing for each group. However, animals are less 
sensitive to sounds at the outer edges of their functional hearing 
range and are more sensitive to a range of frequencies within the 
middle of their functional hearing range.
    The functional groups and the associated frequencies are:
     Low frequency cetaceans (13 species of mysticetes): 
Functional hearing estimates occur between approximately 7 Hertz (Hz) 
and 25 kilohertz (kHz) (extended from 22 kHz based on data indicating 
that some mysticetes can hear above 22 kHz; Au et al., 2006; Lucifredi 
and Stein, 2007; Ketten and Mountain, 2009; Tubelli et al., 2012);
     Mid-frequency cetaceans (32 species of dolphins, six 
species of larger toothed whales, and 19 species of beaked and 
bottlenose whales): Functional hearing estimates occur between 
approximately 150 Hz and 160 kHz;
     High-frequency cetaceans (porpoises, river dolphins, and 
members of the genera Kogia and Cephalorhynchus; now considered to 
include two members of the genus Lagenorhynchus on the basis of recent 
echolocation data and genetic data [May-Collado and Agnarsson, 2006; 
Kyhn et al. 2009, 2010; Tougaard et al. 2010]): Functional hearing is 
estimated to occur between approximately 200 Hz and 180 kHz; and
     Pinnipeds in water: Functional hearing is estimated to 
occur between approximately 75 Hz to 100 kHz for Phocidae (true seals) 
and between 100 Hz and 40 kHz for Otariidae (eared seals), with the 
greatest sensitivity between approximately 700 Hz and 20 kHz. The 
pinniped functional hearing group was modified from Southall et al. 
(2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range (Hemila 
et al., 2006; Kastelein et al., 2009; Reichmuth et al., 2013).
    There are two marine mammal species (two cetaceans, the common 
bottlenose dolphin and the Atlantic spotted dolphin) with expected 
potential to co-occur with Eglin AFB WSEP military readiness 
activities. Please refer to Table 3 for information on these mid-
frequency hearing specialists.
    Common Bottlenose Dolphin Vocalization and Hearing: 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). Research on the 
same individuals indicates that auditory thresholds obtained by 
electrophysiological methods correlate well with those obtained in 
behavior studies, except at lower (10 kHz) and higher (80 and 100 kHz) 
frequencies (Finneran and Houser, 2006).
    Sounds emitted by common bottlenose dolphins fall 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 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). Cook et 
al. (2004) classified up to 52 percent of whistles produced by 
bottlenose dolphin groups with mother-calf pairs as signature whistles. 
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).
    Atlantic Spotted Dolphin Vocalization and Hearing: Researchers have 
recorded a variety of sounds including whistles, echolocation clicks, 
squawks, barks, growls, and chirps for the Atlantic spotted dolphin. 
Whistles have dominant frequencies below 20 kHz (range: 7.1 to 14.5 
kHz) but multiple harmonics extend above 100 kHz, while burst pulses 
consist of frequencies above 20 kHz (dominant frequency of 
approximately 40 kHz) (Lammers et al., 2003). Other sounds, such as 
squawks, barks, growls, and chirps, typically range in frequency from 
0.1 to 8 kHz (Thomson and Richardson, 1995). Recorded echolocation 
clicks had two dominant frequency ranges at 40 to 50 kHz and 110 to 130 
kHz, depending on source level (i.e., lower source levels typically 
correspond to lower frequencies and higher frequencies to higher source 
levels (Au and Herzing, 2003). Echolocation click source levels as high 
as 210 dB re 1 [mu]Pa-m peak-to-peak have been recorded (Au and 
Herzing, 2003). Spotted dolphins in the Bahamas were frequently 
recorded during agonistic/aggressive interactions with bottlenose 
dolphins (and their own species) to produce squawks (0.2 to 12 kHz 
broad band burst pulses; males and females), screams (5.8 to 9.4 kHz 
whistles; males only), barks (0.2 to 20 kHz burst pulses; males only), 
and synchronized squawks (0.1-15 kHz burst pulses; males only in a 
coordinated group) (Herzing, 1996). The hearing ability for the 
Atlantic spotted dolphin is unknown. However, odontocetes are generally 
adapted to hear high-frequencies (Ketten, 1997).
    The Maritime WSEP training exercises proposed for the incidental 
take of marine mammals have the potential to take marine mammals by 
exposing them to impulsive noise and pressure waves generated by live 
ordnance detonation at or near the surface of the water. Exposure to 
energy, pressure, or direct strike by ordnance has the potential to 
result in non-lethal injury (Level A harassment), disturbance (Level B 
harassment), serious injury, and/or mortality. In addition, NMFS also 
considered the potential for harassment from vessel and aircraft 
operations.

Acoustic Effects, Underwater Detonations

    Underwater explosive detonations send a shock wave and sound energy 
through the water and can release gaseous by-products, create an 
oscillating bubble, or cause a plume of water to shoot up from the 
water surface. The shock wave and accompanying noise are of most 
concern to marine animals. Depending on the intensity of the shock wave 
and size, location, and depth of the animal, an animal can be injured, 
killed, suffer non-lethal physical effects, experience hearing related 
effects with or without behavioral responses, or exhibit temporary 
behavioral responses or tolerance from hearing the blast sound. 
Generally, exposures to higher levels of

[[Page 79849]]

impulse and pressure levels would result in greater impacts to an 
individual animal.
    The effects of underwater detonations on marine mammals are 
dependent on several factors, including the size, type, and depth of 
the animal; the depth, intensity, and duration of the sound; the depth 
of the water column; the substrate of the habitat; the standoff 
distance between activities and the animal; and the sound propagation 
properties of the environment. Thus, we expect impacts to marine 
mammals from WSEP activities to result primarily from acoustic 
pathways. As such, the degree of the effect relates to the received 
level and duration of the sound exposure, as influenced by the distance 
between the animal and the source. The further away from the source, 
the less intense the exposure should be.
    The potential effects of underwater detonations from the proposed 
WSEP training activities may include one or more of the following: 
Temporary or permanent hearing impairment, non-auditory physical or 
physiological effects, behavioral disturbance, and masking (Richardson 
et al., 1995; Gordon et al., 2004; Nowacek et al., 2007; Southall et 
al., 2007). However, the effects of noise on marine mammals are highly 
variable, often depending on species and contextual factors (based on 
Richardson et al., 1995).
    In the absence of mitigation, impacts to marine species could 
result from physiological and behavioral responses to both the type and 
strength of the acoustic signature (Viada et al., 2008). The type and 
severity of behavioral impacts are more difficult to define due to 
limited studies addressing the behavioral effects of impulsive sounds 
on marine mammals. Potential effects from impulsive sound sources can 
range in severity from effects such as behavioral disturbance or 
tactile perception to physical discomfort, slight injury of the 
internal organs and the auditory system, or mortality (Yelverton et 
al., 1973).
    Hearing Impairment and Other Physical Effects--Marine mammals 
exposed to high intensity sound repeatedly or for prolonged periods can 
experience hearing threshold shift (TS), which is the loss of hearing 
sensitivity at certain frequency ranges (Kastak et al., 1999; Schlundt 
et al., 2000; Finneran et al., 2002, 2005). TS can be permanent (PTS), 
in which case the loss of hearing sensitivity is not recoverable, or 
temporary (TTS), in which case the animal's hearing threshold would 
recover over time (Southall et al., 2007). Marine mammals depend on 
acoustic cues for vital biological functions, (e.g., orientation, 
communication, finding prey, avoiding predators); thus, TTS may result 
in reduced fitness in survival and reproduction. However, this depends 
on the frequency and duration of TTS, as well as the biological context 
in which it occurs. TTS of limited duration, occurring in a frequency 
range that does not coincide with that used for recognition of 
important acoustic cues, would have little to no effect on an animal's 
fitness. Repeated sound exposure that leads to TTS could cause PTS. PTS 
constitutes injury, but TTS does not (Southall et al., 2007). The 
following subsections provide a summary on the possibilities of TTS, 
PTS, and non-auditory physical effects.
    Temporary Threshold Shift--TTS is the mildest form of hearing 
impairment that can occur during exposure to a strong sound (Kryter, 
1985). While experiencing TTS, the hearing threshold rises, and a sound 
must be stronger in order to be heard. In terrestrial mammals, TTS can 
last from minutes or hours to days (in cases of strong TTS). For sound 
exposures at or somewhat above the TTS threshold, hearing sensitivity 
in both terrestrial and marine mammals recovers rapidly after exposure 
to the sound ends. Few data on sound levels and durations necessary to 
elicit mild TTS have been obtained for marine mammals, and none of the 
published data concern TTS elicited by exposure to multiple pulses of 
sound. Southall et al. (2007) summarizes available data on TTS in 
marine mammals.
    Given the available data, the received level of a single pulse 
(with no frequency weighting) might need to be approximately 186 dB re 
1 [mu]Pa2-s (i.e., 186 dB sound exposure level [SEL] or approximately 
221-226 dB p-p [peak]) in order to produce brief, mild TTS. Exposure to 
several strong pulses that each have received levels near 190 dB rms 
(175-180 dB SEL) might result in cumulative exposure of approximately 
186 dB SEL and thus slight TTS in a small odontocete, assuming the TTS 
threshold is (to a first approximation) a function of the total 
received pulse energy.
    The above TTS information for odontocetes is derived from studies 
on the bottlenose dolphin and beluga whale (Delphinapterus leucas). 
There is no published TTS information for other species of cetaceans. 
However, preliminary evidence from a harbor porpoise exposed to pulsed 
sound suggests that its TTS threshold may have been lower (Lucke et 
al., 2009). As summarized earlier, data that are now available imply 
that TTS is unlikely to occur unless odontocetes are exposed to pulses 
stronger than 180 dB re 1 [mu]Pa rms.
    Permanent Threshold Shift--When PTS occurs, there is physical 
damage to the sound receptors in the ear. In severe cases, there can be 
total or partial deafness, while in other cases the animal has an 
impaired ability to hear sounds in specific frequency ranges (Kryter, 
1985). There is no specific evidence that exposure to pulses of sound 
can cause PTS in any marine mammal. However, given the possibility that 
mammals close to a sound source might incur TTS, there has been further 
speculation about the possibility that some individuals might incur 
PTS. Single or occasional occurrences of mild TTS are not indicative of 
permanent auditory damage, but repeated or (in some cases) single 
exposures to a level well above that causing TTS onset might elicit 
PTS.
    Relationships between TTS and PTS thresholds have not been studied 
in marine mammals, but they are assumed to be similar to those in 
humans and other terrestrial mammals. PTS might occur at a received 
sound level at least several decibels above that inducing mild TTS if 
the animal were exposed to strong sound pulses with rapid rise time. 
There is no empirical data for onset of PTS in any marine mammal for 
ethical reasons and researchers must extrapolate PTS-onset based on 
hearing loss growth rates (i.e., rate of how quickly threshold shifts 
grow in relation to increases in decibel level; expressed in dB of TTS/
dB of noise) from limited marine mammal TTS studies and more numerous 
terrestrial mammal TTS/PTS experiments. Typically, the magnitude of a 
threshold shift increases with increasing duration or level of 
exposure, until it becomes asymptotic (growth rate begins to level or 
the upper limit of TTS; Mills et al., 1979; Clark et al., 1987; Laroche 
et al., 1989; Yost, 2007). Based on data from terrestrial mammals, a 
precautionary assumption is that the PTS threshold for impulse sounds 
is at least 6 dB higher than the TTS threshold on a peak-pressure basis 
and probably greater than 6 dB (Southall et al., 2007). On an SEL 
basis, Southall et al. (2007) estimated that received levels would need 
to exceed the TTS threshold by at least 15 dB for there to be risk of 
PTS. Thus, for cetaceans, Southall et al. (2007) estimate that the PTS 
threshold might be an M-weighted SEL (for the sequence of received 
pulses) of approximately 198 dB re 1 [mu]Pa2-s (approximately 15 dB 
higher than the TTS threshold for an impulse sound).
    Non-auditory Physiological Effects--Non-auditory physiological 
effects or injuries that theoretically might occur in

[[Page 79850]]

marine mammals exposed to strong underwater sound include stress and 
other types of organ or tissue damage (Cox et al., 2006; Southall et 
al., 2007).
    Adverse Stress Responses: 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 occurs 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 results in 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 that a stress response occurs, we 
assume that some contribution is made to the animal's allostatic load. 
One can assume that any immediate effect of exposure that produces an 
injury 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 animal does not perceive the sound, the acoustic source would not 
produce tissue effects and does not produce a stress response by any 
other means. Thus, we expect that the exposure does not contribute to 
the allostatic load.
    Serious Injury/Mortality: Elgin AFB proposes to use several types 
of explosive sources during its training exercises. Proposed 
detonations could be either in air, at the water surface, or 
underwater, depending on the mission and type of munition. Airburst 
detonations have little transfer of energy underwater, but surface and 
underwater detonations are of most concern regarding potential effects 
to marine mammals. 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 death of the animal 
(Yelverton et al., 1973; O'Keeffe and Young, 1984; DoN, 2001). 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. Physical damage of tissues 
resulting from a shock wave (from an explosive detonation) constitutes 
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, cochlear damage, 
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).

Disturbance Reactions

    Disturbance includes a variety of effects, including subtle changes 
in behavior, more conspicuous changes in activities, and displacement. 
Behavioral responses to sound are highly variable and context-specific 
and reactions, if any, depend on species, state of maturity, 
experience, current activity, reproductive state, auditory sensitivity, 
time of day, and many other factors (Richardson et al., 1995; Wartzok 
et al., 2003; Southall et al., 2007).
    Tolerance: Studies on marine mammals' tolerance to sound in the 
natural environment are relatively rare. Richardson et al. (1995) 
defined tolerance as the occurrence of marine mammals in areas where 
they are exposed to human activities or manmade noise. In many cases, 
tolerance develops by the animal habituating to the stimulus (i.e., the 
gradual waning of responses to a repeated or ongoing stimulus) 
(Richardson, et al., 1995; Wartzok et al., 2003), but because of 
ecological or physiological requirements, many marine animals may need 
to remain in areas where they are exposed to chronic stimuli 
(Richardson, et al., 1995). Animals are most likely to habituate to 
sounds that are predictable and unvarying.
    The opposite process is sensitization, when an unpleasant 
experience leads to subsequent responses, often in the form of 
avoidance, at a lower level of exposure. Behavioral state may affect 
the type of response as well. For example, animals that are resting may 
show greater behavioral change in response to disturbing sound levels 
than animals that are highly motivated to remain in an area for feeding 
(Richardson et al., 1995; NRC, 2003; Wartzok et al., 2003).
    Numerous studies have shown that underwater sounds are often 
readily detectable by marine mammals in the water at distances of many 
kilometers. However, other studies have shown that marine mammals at 
distances more than a few kilometers away often show no apparent 
response to activities of various types (Miller et al., 2005). This is 
often true even in cases when the sounds must be readily audible to the 
animals based on measured received levels and the hearing sensitivity 
of that mammal group. Although various baleen whales, toothed whales, 
and (less frequently) pinnipeds have been shown to react behaviorally 
to underwater sound from impulsive sources such as airguns, at other 
times, mammals of all three types have shown no overt reactions (e.g., 
Malme et al., 1986; Richardson et al., 1995; Madsen and Mohl, 2000; 
Croll et al., 2001; Jacobs and Terhune, 2002; Madsen et al., 2002; 
MacLean and Koski, 2005; Miller et al., 2005; Bain and Williams, 2006).
    Controlled experiments with captive marine mammals showed 
pronounced behavioral reactions, including avoidance of loud sound 
sources (Ridgway et al., 1997; Finneran et al.,

[[Page 79851]]

2003). Observed responses of wild marine mammals to loud pulsed sound 
sources (typically seismic guns or acoustic harassment devices) have 
been varied but often consist of avoidance behavior or other behavioral 
changes suggesting discomfort (Morton and Symonds, 2002; Thorson and 
Reyff, 2006; see also Gordon et al., 2004; Wartzok et al., 2003; 
Nowacek et al., 2007).
    Because the few available studies show wide variation in response 
to underwater sound, it is difficult to quantify exactly how sound from 
the Maritime WSEP operational testing would affect marine mammals. It 
is likely that the onset of underwater detonations could result in 
temporary, short term changes in an animal's typical behavior and/or 
avoidance of the affected area. These behavioral changes may include 
(Richardson et al., 1995): Changing durations of surfacing and dives, 
number of blows per surfacing, or moving direction and/or speed; 
reduced/increased vocal activities; changing/cessation of certain 
behavioral activities (such as socializing or feeding); visible startle 
response or aggressive behavior (such as tail/fluke slapping or jaw 
clapping); or avoidance of areas where sound sources are located.
    The biological significance of any of these behavioral disturbances 
is difficult to predict, especially if the detected disturbances appear 
minor. However generally, one could expect the consequences of 
behavioral modification to be biologically significant if the change 
affects growth, survival, or reproduction. Significant behavioral 
modifications that could potentially lead to effects on growth, 
survival, or reproduction include:
     Drastic changes in diving/surfacing patterns (such as 
those thought to cause beaked whale stranding due to exposure to 
military mid-frequency tactical sonar);
     Habitat abandonment due to loss of desirable acoustic 
environment; and
     Cessation of feeding or social interaction.
    The onset of behavioral disturbance from anthropogenic sound 
depends on both external factors (characteristics of sound sources and 
their paths) and the specific characteristics of the receiving animals 
(hearing, motivation, experience, demography) and is difficult to 
predict (Southall et al., 2007).

Auditory Masking

    Natural and artificial sounds can disrupt behavior by masking, or 
interfering with, a marine mammal's ability to hear other sounds. 
Masking occurs when the receipt of a sound interferes with by another 
coincident sound at similar frequencies and at similar or higher levels 
(Clark et al., 2009). Chronic exposure to excessive, though not high-
intensity, sound could cause masking at particular frequencies for 
marine mammals, which utilize sound for vital biological functions. 
Masking can interfere with detection of acoustic signals such as 
communication calls, echolocation sounds, and environmental sounds 
important to marine mammals for other purposes such as navigation. 
Therefore, under certain circumstances, marine mammals whose acoustical 
sensors or environment are being severely masked could also be impaired 
from maximizing their performance fitness in survival and reproduction. 
If the coincident (masking) sound were man-made, it could be 
potentially harassing if it disrupted hearing-related behavior. It is 
important to distinguish TTS and PTS, which persist after the sound 
exposure, from masking, which occurs during the sound exposure. Because 
masking (without resulting in TS) is not associated with abnormal 
physiological function, we do not consider it to be a physiological 
effect, but rather a potential behavioral effect.
    Introduced underwater sound may, through masking, more specifically 
reduce the effective communication distance of a marine mammal species 
if the frequency of the source is close to that used as a signal by the 
marine mammal, and if the anthropogenic sound is present for a 
significant fraction of the time (Richardson et al., 1995). Marine 
mammals are thought to be able to compensate for communication masking 
by adjusting their acoustic behavior through shifting call frequencies, 
increasing call volume, and increasing vocalization rates. For example 
in one study, blue whales increased call rates when exposed to noise 
from seismic surveys in the St. Lawrence Estuary (Di Iorio and Clark, 
2010). Other studies reported that some North Atlantic right whales 
exposed to high shipping noise increased call frequency (Parks et al., 
2007) and some humpback whales responded to low-frequency active sonar 
playbacks by increasing song length (Miller et al., 2000). 
Additionally, beluga whales change their vocalizations in the presence 
of high background noise possibly to avoid masking calls (Au et al., 
1985; Lesage et al., 1999; Scheifele et al., 2005).
    While it may occur temporarily, we do not expect auditory masking 
to result in detrimental impacts to an individual's or population's 
survival, fitness, or reproductive success. Dolphin movement is not 
restricted within the W-151 test area, allowing for movement out of the 
area to avoid masking impacts and the sound resulting from the 
underwater detonations is short in duration. Also, masking is typically 
of greater concern for those marine mammals that utilize low frequency 
communications, such as baleen whales and, as such, is not likely to 
occur for marine mammals in the W-151 test area.

Vessel and Aircraft Presence

    The marine mammals most vulnerable to vessel strikes are slow-
moving and/or spend extended periods of time at the surface in order to 
restore oxygen levels within their tissues after deep dives (e.g., 
North Atlantic right whales (Eubalaena glacialis), fin whales 
(Balaenoptera physalus), and sperm whales). Smaller marine mammals such 
as common bottlenose and Atlantic spotted dolphins are agile and move 
more quickly through the water, making them less susceptible to ship 
strikes. NMFS and Eglin AFB are not aware of any vessel strikes of 
common bottlenose and Atlantic spotted dolphins within in W-151 during 
training operations and both parties do not anticipate that Eglin AFB 
vessels engaged in the specified activity would strike any marine 
mammals.
    Dolphins within the Gulf of Mexico are continually exposed to 
recreational, commercial, and military vessels. 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

[[Page 79852]]

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).
    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 and Wursig, 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 
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.
    There are fewer reports of reactions of odontocetes to aircraft 
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 the nature of 
the flight (e.g., type of aircraft, altitude, straight vs. circular 
flight pattern). Wursig et al. (1998) assessed the responses of 
cetaceans to aerial surveys in the north central and western Gulf of 
Mexico using a DeHavilland Twin Otter fixed-wing airplane. The plane 
flew at an altitude of 229 m (751.3 ft) at 204 km/hr (126.7 mph) and 
maintained a minimum of 305 m (1,000 ft) straight line distance from 
the cetaceans. Water depth was 100 to 1,000 m (328 to 3,281 ft). 
Bottlenose dolphins most commonly responded by diving (48 percent), 
while 14 percent responded by moving away. Other species (e.g., beluga 
(Delphinapterus leucas) and sperm whales) 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; 1,640 
ft).

Direct Strike by Ordnance

    Another potential risk to marine mammals is direct strike by 
ordnance, in which the ordnance physically hits an animal. While strike 
from an item falling through the water column is possible, the 
potential risk of a direct hit to an animal within the target area 
would be so low because objects sink slowly and most projectiles fired 
at targets usually hit those targets.

Anticipated Effects on Habitat

    Detonations of live ordnance would result in temporary changes to 
the water environment. Munitions could hit the targets and not explode 
in the water. However, because the targets are located over the water, 
in water explosions could occur. An underwater explosion from these 
weapons could 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 
effects would be temporary and not expected to last more than a few 
seconds.
    Similarly, Eglin AFB does not expect any long-term impacts with 
regard to hazardous constituents to occur. Eglin AFB considered the 
introduction of fuel, debris, ordnance, and chemical materials into the 
water column within its EA and determined the potential effects of each 
to be insignificant. We summarize Eglin AFB's analyses in the following 
paragraphs (for a complete discussion of potential effects, please 
refer to section 3.3 in Eglin AFB's EA).
    Metals typically used to construct bombs, missiles, and gunnery 
rounds include copper, aluminum, steel, and lead, among others. 
Aluminum is also present in some explosive materials. These materials 
would settle to the seafloor after munitions detonate. Metal ions would 
slowly leach into the substrate and the water column, causing elevated 
concentrations in a small area around the munitions fragments. Some of 
the metals, such as aluminum, occur naturally in the ocean at varying 
concentrations and would not necessarily impact the substrate or water 
column. Other metals, such as lead, could cause toxicity in microbial 
communities in the substrate. However, such effects would be localized 
to a very small distance around munitions fragments and would not 
significantly affect the overall habitat quality of sediments in the 
northeastern Gulf of Mexico. In addition, metal fragments would 
corrode, degrade, and become encrusted over time.
    Chemical materials include explosive byproducts and also fuel, oil, 
and other fluids associated with remotely controlled target boats. 
Explosive byproducts would be introduced into the water column through 
detonation of live munitions. Explosive materials would include 2,4,6-
trinitrotoluene (TNT) and RDX, among others. Various byproducts are 
produced during and immediately after detonation of TNT and RDX. During 
the very brief time that a detonation is in progress, intermediate 
products may include carbon ions, nitrogen ions, oxygen ions, water, 
hydrogen cyanide, carbon monoxide, nitrogen gas, nitrous oxide, cyanic 
acid, and carbon dioxide (Becker, 1995). However, reactions quickly 
occur between the intermediates, and the final products consist mainly 
of water, carbon monoxide, carbon dioxide, and nitrogen gas, although 
small amounts of other compounds are typically produced as well.
    Chemicals introduced into the water column would be quickly 
dispersed by waves, currents, and tidal action, and eventually become 
uniformly distributed. A portion of the carbon compounds such as carbon 
monoxide and carbon dioxide would likely become integrated into the 
carbonate system (alkalinity and pH buffering capacity of seawater). 
Some of the nitrogen and carbon compounds, including petroleum 
products, would be metabolized or assimilated by phytoplankton and 
bacteria. Most of the gas products that do not react with the water or 
become assimilated by organisms would be released into the atmosphere. 
Due to dilution, mixing, and transformation, none of these chemicals 
are expected to have significant impacts on the marine environment.
    Explosive material that is not consumed in a detonation could sink 
to the substrate and bind to sediments. However, the quantity of such 
materials is expected to be inconsequential. Research has shown that if 
munitions function properly, nearly full combustion of the explosive 
materials will occur, and only extremely small amounts of raw material 
will remain. In addition, any remaining materials would be naturally 
degraded. TNT decomposes when exposed to sunlight (ultraviolet 
radiation), and is also degraded by microbial activity (Becker, 1995). 
Several types of microorganisms have been shown to metabolize TNT. 
Similarly, RDX decomposes by hydrolysis, ultraviolet radiation 
exposure, and biodegradation.
    While we anticipate that the specified activity may result in 
marine mammals avoiding certain areas due to temporary ensonification, 
this impact to habitat and prey resources would be temporary and 
reversible. The main impact associated with the proposed activity would 
be temporarily elevated noise levels and the associated direct effects 
on marine mammals, previously discussed in this notice. Marine mammals 
are anticipated to temporarily vacate the area of live fire events. 
However, these events usually do not last more than 90 to 120 minutes 
at a time, and animals are anticipated to

[[Page 79853]]

return to the activity area during periods of non-activity. Thus, based 
on the preceding discussion, we do not anticipate that the proposed 
activity would have any habitat-related effects that could cause 
significant or long-term consequences for individual marine mammals or 
their populations.

Proposed Mitigation

    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 the availability of such species or 
stock for taking for certain subsistence uses (where relevant).
    The NDAA of 2004 amended the MMPA as it relates to military-
readiness activities and the incidental take 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.
    NMFS and Eglin AFB have 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.'' We 
refer the reader to Section 11 of Eglin AFB's application for more 
detailed information on the proposed mitigation measures which include 
the following:
    Vessel-Based Monitoring: Eglin AFB would station a large number of 
range clearing boats (approximately 20 to 25) around the test site to 
prevent non-participating vessels from entering the human safety zone. 
Based on the composite footprint, range clearing boats will be located 
approximately 15.28 km (9.5 mi) from the detonation point (see Figure 
11-1 in Eglin AFB's application). However, the actual distance will 
vary based on the size of the munition being deployed.
    Trained protected species observers would be aboard five of these 
boats and will conduct protected species surveys before and after each 
test. The protected species survey vessels will be dedicated solely to 
observing for marine species during the pre-mission surveys while the 
remaining safety boats clear the area of non-authorized vessels. The 
protected species survey vessels will begin surveying the area at 
sunrise. The area to be surveyed will encompass the zone of influence 
(ZOI), which is 5 km (3.1 mi). Animals that may enter the area after 
Eglin AFB has completed the pre-mission surveys and prior to detonation 
would not reach the predicted smaller slight lung injury and/or 
mortality zones.
    Because of human safety issues, observers will be required to leave 
the test area at least 30 minutes in advance of live weapon deployment 
and move to a position on the safety zone periphery, approximately 
15.28 km (9.5 mi) from the detonation point. Observers will continue to 
scan for marine mammals from the periphery.

Determination of the Zone of Influence

    Eglin AFB has created a sample day reflecting the maximum number of 
munitions that could be released and resulting in the greatest impact 
in a single mission day. However, this scenario is only a 
representation and may not accurately reflect how Eglin AFB may conduct 
actual operations. However, NMFS and Eglin AFB are considering this 
conservative assumption to calculate the impact range for mitigation 
monitoring measures. Thus, Eglin AFB has modeled, combined, and 
compared the sum of all energies from these detonations against 
thresholds with energy metric criteria to generate the accumulated 
energy ranges for this scenario. Table 4 lists these ranges which form 
the basis of the mitigation monitoring.

                                       Table 4--Distances (m) to Harassment Thresholds for an Example Mission Day
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Level A           Level B harassment
                                                             Total number                                   harassment   -------------------------------
                 Munition                      NEW (lbs)        per day          Detonation scenario     ----------------                 Behavioral 167
                                                                                                          PTS 187 dB SEL  TTS 172 dB SEL      dB SEL
--------------------------------------------------------------------------------------------------------------------------------------------------------
GBU-10 or GBU-24..........................             945               1  Surface.....................           5,120          12,384          15,960
GBU-12 or GBU-54..........................             192               1  Surface.....................
AGM-65 (Maverick).........................              86               1  Surface.....................
GBU-39 (LSDB).............................              37               1  Surface.....................
AGM-114 (Hellfire)........................              20               3  (10 ft depth)...............
AGM-175 (Griffin).........................              13               2  Surface.....................
2.75 Rockets..............................              12              12  Surface.....................
PGU-13 HEI 30 mm..........................             0.1             125  Surface.....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
AGM = air-to-ground missile; cal = caliber; CBU = Cluster Bomb Unit; ft = feet; GBU = Guided Bomb Unit; HEI = high explosive incendiary; lbs = pounds;
  mm = millimeters; N/A = not applicable; NEW = net explosive weight; PGU = Projectile Gun Unit; SDB = small diameter bomb; PTS = permanent threshold
  shift; TTS = temporary threshold shift; WCMD = wind corrected munition dispenser.

    Based on the ranges presented in Table 4 and factoring operational 
limitations associated with survey-based vessel support for the 
missions, Eglin AFB estimates that during pre-mission surveys, the 
proposed monitoring area would be approximately 5 km (3.1 miles) from 
the target area, which corresponds to the Level A harassment threshold 
range. Eglin AFB proposes to survey the same-sized area for each 
mission day, regardless of the planned munition expenditures. By 
clearing the Level A harassment threshold range of protected species, 
animals that may enter the area after the completed pre-mission surveys 
but prior to detonation would not reach the smaller slight lung injury 
or mortality zones (presented in Table 6 later in this document). 
Because of human safety issues, Eglin AFB would require observers to 
leave the test area at least 30 minutes in advance of live weapon 
deployment and move to a position on the safety zone periphery, 
approximately 15 km (9.5 miles) from the detonation point. Observers 
would continue to scan for marine mammals from the periphery, but 
effectiveness would be limited as the boat would remain at a designated 
station.
    Video Monitoring: In addition to vessel-based monitoring, Eglin AFB

[[Page 79854]]

would position three high-definition video cameras on the GRATV 
anchored on-site, as described earlier, to allow for real-time 
monitoring for the duration of the mission. The camera configuration 
and actual number of cameras used would depend on specific mission 
requirements. In addition to monitoring the area for mission objective 
issues, the camera(s) would also monitor for the presence of protected 
species. A trained marine species observer from Eglin Natural Resources 
would be located in Eglin AFB's Central Control Facility, along with 
mission personnel, to view the video feed before and during test 
activities. The distance to which objects can be detected at the water 
surface by use of the cameras is considered generally comparable to 
that of the human eye.
    The GRATV will be located about 183 m (600 ft) from the target. The 
larger mortality threshold ranges correspond to the modified Goertner 
model adjusted for the weight of an Atlantic spotted dolphin calf, and 
extend from 0 to 237 m (0 to 778 ft) from the target, depending on the 
ordnance, and the Level A ranges for both common bottlenose and 
Atlantic spotted dolphins extend from 7 to 965 m (23 to 3,166 ft) from 
the target, depending on the ordnance and harassment criterion. Given 
these distances, observers could reasonably be expected to view a 
substantial portion of the mortality zone in front of the camera, 
although a small portion would be behind or to the side of the camera 
view. Based on previous monitoring reports for this activity, the pre-
training surveys for delphinids and other protected species within the 
mission area are effective. Observers can view some portion of the 
Level A harassment zone, although the view window would be less than 
that of the mortality zone (a large percentage would be behind or to 
the side of the camera view).
    If the high-definition video cameras are not operational for any 
reason, Eglin AFB will not conduct Maritime WSEP missions.
    In addition to the two types of visual monitoring discussed earlier 
in this section, Eglin AFB personnel are present within the mission 
area (on boats and the GRATV) on each day of testing well in advance of 
weapon deployment, typically near sunrise. They will perform a variety 
of tasks including target preparation, equipment checks, etc., and will 
opportunistically observe for marine mammals and indicators as feasible 
throughout test preparation. However, we consider these observations as 
supplemental to the proposed mitigation monitoring and would only occur 
as time and schedule permits. Eglin AFB personnel would relay 
information on these types of sightings to the Lead Biologist, as 
described in the following mitigation sections.

Pre-Mission Monitoring

    The purposes of pre-mission monitoring are to: (1) Evaluate the 
mission site for environmental suitability, and (2) verify that the ZOI 
(in this case, 5 km [3.1 mi]) is free of visually detectable marine 
mammals, as well as potential indicators of these species. On the 
morning of the mission, the Test Director and Safety Officer will 
confirm that there are no issues that would preclude mission execution 
and that weather is adequate to support mitigation measures.

Sunrise or Two Hours Prior to Mission

    Eglin AFB range clearing vessels and protected species survey 
vessels will be on site at least two hours prior to the mission. The 
Lead Biologist on board one survey vessel will assess the overall 
suitability of the mission site based on environmental conditions (sea 
state) and presence/absence of marine mammal indicators. Eglin AFB 
personnel will communicate this information to Tower Control and 
personnel will relay the information to the Safety Officer in Central 
Control Facility.

One and One-Half Hours Prior to Mission

    Vessel-based surveys will begin approximately one and one-half 
hours prior to live weapons deployment. Surface vessel observers will 
survey the ZOI (in this case, 5 km [3.1 mi]) and relay all marine 
species and indicator sightings, including the time of sighting, GPS 
location, and direction of travel, if known, to the Lead Biologist. The 
lead biologist will document all sighting information on report forms 
which he/she will submit to Eglin Natural Resources after each mission. 
Surveys would continue for approximately one hour. During this time, 
Eglin AFB personnel in the mission area will also observe for marine 
species as feasible. If marine mammals or indicators are observed 
within the ZOI (5 km [3.1 mi]), the range will be declared ``fouled,'' 
a term that signifies to mission personnel that conditions are such 
that a live ordnance drop cannot occur (e.g., protected species or 
civilian vessels are in the mission area). If there are no observations 
of marine mammals or indicators of marine mammals, Eglin AFB would 
declare the range clear of protected species.

One-Half Hour Prior to Mission

    At approximately 30 minutes to one hour prior to live weapon 
deployment, marine species observers will be instructed to leave the 
mission site and remain outside the safety zone, which on average will 
be 15.28 km (9.5 mi) from the detonation point. The actual size is 
determined by weapon net explosive weight and method of delivery. The 
survey team will continue to monitor for protected species while 
leaving the area. As the survey vessels leave the area, marine species 
monitoring of the immediate target areas will continue at the Central 
Control Facility through the live video feed received from the high 
definition cameras on the GRATV. Once the survey vessels have arrived 
at the perimeter of the safety zone (approximately 30 minutes after 
leaving the area per instructions from Eglin AFB, depending on actual 
travel time), Eglin AFB will declare the range as ``green'' and the 
mission will proceed, assuming all non-participating vessels have left 
the safety zone as well.

Execution of Mission

    Immediately prior to live weapons drop, the Test Director and 
Safety Officer will communicate to confirm the results of marine mammal 
surveys and the appropriateness of proceeding with the mission. The 
Safety Officer will have final authority to proceed with, postpone, or 
cancel the mission. Eglin AFB would postpone the mission if:
     Any of the high-definition video cameras are not 
operational for any reason;
     Any marine mammal is visually detected within the ZOI (5 
km [3.1 mi]). Postponement would continue until the animal(s) that 
caused the postponement is: (1) Confirmed to be outside of the ZOI (5 
km [3.1 mi]) on a heading away from the targets; or (2) not seen again 
for 30 minutes and presumed to be outside the ZOI (5 km [3.1 mi]) due 
to the animal swimming out of the range;
     Any large schools of fish or large flocks of birds feeding 
at the surface are within the ZOI (5 km [3.1 mi]). Postponement would 
continue until Eglin AFB personnel confirm that these potential 
indicators are outside the ZOI (5 km [3.1 mi]):
     Any technical or mechanical issues related to the aircraft 
or target boats; or
     Any non-participating vessel enters the human safety zone 
prior to weapon release.
    In the event of a postponement, protected species monitoring would 
continue from the Central Control Facility through the live video feed.

[[Page 79855]]

Post-Mission Monitoring

    Post-mission monitoring determines the effectiveness of pre-mission 
mitigation by reporting sightings of any marine mammals. Post-
detonation monitoring surveys will commence once the mission has ended 
or, if required, as soon as personnel declare the mission area safe. 
Vessels will move into the survey area from outside the safety zone and 
monitor for at least 30 minutes, concentrating on the area down-current 
of the test site. This area is easily identifiable because of the 
floating debris in the water from impacted targets. Up to 10 Eglin AFB 
support vessels will be cleaning debris and collecting damaged targets 
from this area thus spending several hours in the area once Eglin AFB 
completes the mission. Observers will document and report any marine 
mammal species, number, location, and behavior of any animals observed 
to Eglin Natural Resources.

Mission Delays Due to Weather

    Eglin AFB would delay or reschedule Maritime WSEP missions if the 
Beaufort sea state is greater than number 4 at the time of the testing 
activities. The Lead Biologist aboard one of the survey vessels will 
make the final determination of whether conditions are conducive for 
sighting protected species or not.
    We have carefully evaluated Eglin AFB's proposed mitigation 
measures in the context of ensuring that we prescribe the means of 
effecting the least practicable 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:
     The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals;
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
     The practicability of the measure for applicant 
implementation.
    Any mitigation measure(s) prescribed by NMFS should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed here:
    1. Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    2. A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to stimuli 
expected to result in incidental take (this goal may contribute to 1, 
above, or to reducing takes by behavioral harassment only).
    3. A reduction in the number of times (total number or number at 
biologically important time or location) individuals would be exposed 
to stimuli that we expect to result in the take of marine mammals (this 
goal may contribute to 1, above, or to reducing harassment takes only).
    4. A reduction in the intensity of exposures (either total number 
or number at biologically important time or location) to training 
exercises that we expect to result in the take of marine mammals (this 
goal may contribute to 1, above, or to reducing the severity of 
harassment takes only).
    5. Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    6. For monitoring directly related to mitigation--an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    Based on our evaluation of Eglin AFB's proposed measures, as well 
as other measures that may be relevant to the specified activity, we 
have preliminarily determined that the proposed mitigation measures 
provide the means of effecting the least practicable impact on marine 
mammal 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 
the impact of effectiveness of the military readiness activity.

Proposed Monitoring and Reporting

    In order to issue an Authorization for an activity, section 
101(a)(5)(D) of the MMPA states that we 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 an authorization must include the suggested means of 
accomplishing the necessary monitoring and reporting that will result 
in increased knowledge of the species and our expectations of the level 
of taking or impacts on populations of marine mammals present in the 
proposed action area.
    Eglin AFB submitted a marine mammal monitoring plan in their 
Authorization application. We may modify or supplement the plan based 
on comments or new information received from the public during the 
public comment period. Any monitoring requirement we prescribe should 
improve our understanding of one or more of the following:
     Occurrence of marine mammal species in action area (e.g., 
presence, abundance, distribution, density).
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
Affected species (e.g., life history, dive patterns); (3) Co-occurrence 
of marine mammal species with the action; or (4) Biological or 
behavioral context of exposure (e.g., age, calving or feeding areas).
     Individual responses to acute stressors, or impacts of 
chronic exposures (behavioral or physiological).
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of an individual; or (2) Population, 
species, or stock.
     Effects on marine mammal habitat and resultant impacts to 
marine mammals.
     Mitigation and monitoring effectiveness.
    NMFS proposes to include the following measures in the Maritime 
WSEP Authorization (if issued). They are:
    (1) Eglin AFB will track the use of the EGTTR for test firing 
missions and protected species observations, through the use of mission 
reporting forms.
    (2) Eglin AFB will submit a summary report of marine mammal 
observations and Maritime WSEP activities to the NMFS Southeast 
Regional Office (SERO) and the Office of Protected Resources 90 days 
after expiration of the current Authorization. This report must include 
the following information: (i) Date and time of each Maritime WSEP 
exercise; (ii) a complete description of the pre-exercise and post-
exercise activities related to mitigating and monitoring the effects of 
Maritime WSEP exercises on marine mammal populations; and (iii) results 
of the Maritime WSEP exercise monitoring, including number of marine 
mammals (by species) that may have been harassed due to presence within 
the activity zone.
    (3) Eglin AFB will monitor for marine mammals in the proposed 
action area. If

[[Page 79856]]

Eglin AFB personnel observe or detect any dead or injured marine 
mammals prior to testing, or detects any injured or dead marine mammal 
during live fire exercises, Eglin AFB must cease operations and submit 
a report to NMFS within 24 hours.
    (4) Eglin AFB must immediately report any unauthorized takes of 
marine mammals (i.e., serious injury or mortality) to NMFS and to the 
respective Southeast Region stranding network representative. Eglin AFB 
must cease operations and submit a report to NMFS within 24 hours.

Monitoring Results From Previously Authorized Activities

    Eglin AFB complied with the mitigation and monitoring required 
under the previous Authorization for 2015 WSEP activities. Marine 
mammal monitoring occurred before, during, and after each Maritime WSEP 
mission. During the course of these activities, Eglin AFB's monitoring 
did not suggest that they had exceeded the take levels authorized under 
Authorization. In accordance with the 2015 Authorization, Eglin AFB 
submitted a monitoring report (available at: www.nmfs.noaa.gov/pr/permits/incidental/military.htm).
    Under the 2015 Authorization, Eglin AFB anticipated conducting 
Maritime WSEP training missions over approximately two to three weeks, 
but actually conducted a total of eight mission days: Four days 
(February 9, 10, 11, and 12, 2015) associated with inert ordnance 
delivery and four days (March 16, 17, 18, and 19, 2015) associated with 
live ordnance delivery.
    During the February 2015 missions, Eglin AFB released two inert 
CBU-105s in air which resulted in no acoustic impacts to marine 
mammals. The CBU-105 is a cluster bomb unit that detonates in air 
(airburst), contains 10 submunition cylinders with each cylinder 
containing four sub-submunitions (skeets) which fire inert projectiles.
    During the March 2015 live fire missions, Eglin AFB expended four 
AGM-65 Mavericks and six AGM-114 Hellfire missiles against remotely-
controlled boats approximately 27 km (17 mi) offshore Santa Rosa 
Island, FL. Net explosive weights of the munitions that detonated at 
the water surface or up to 3 m (10 ft) below the surface are 86 lbs for 
the AGM-65 Maverick missiles and 13 pounds for the AGM-114 Hellfire 
missiles. Eglin AFB conducted the required monitoring for marine 
mammals or indicators of marine mammals (e.g., flocks of birds, 
baitfish schools, or large fish schools) before, during, and after each 
mission and observed only two species of marine mammals: The common 
bottlenose dolphin and Atlantic spotted dolphin. Total protected 
species observed during pre-mission surveys ranged between 149 and 156 
individuals and Eglin AFB confirmed that marine mammals were outside of 
the ZOI (5 km [3.1 mi]) at the conclusion of each pre-mission survey.
    For one mission day (March 17, 2015), Eglin AFB personnel extended 
the duration of the pre-mission surveys to continue to monitoring a pod 
of 10 bottlenose dolphins until the vessel captain could confirm that 
the pod remained outside the ZOI (5 km [3.1 mi]) and did not change 
travel direction. Eglin AFB delayed weapons delivery as required by the 
Authorization. Eglin AFB continued with their mission activities after 
all animals cleared the ZOI (5 km [3.1 mi]).
    After each mission, Eglin AFB re-entered the ZOI (5 km [3.1 mi]) to 
begin post-mission surveys for marine mammals and debris-clean-up 
operations. Eglin AFB personnel did not observe reactions indicative of 
disturbance during the pre-mission surveys and did not observe any 
marine mammals during the post-mission surveys. In summary, Eglin AFB 
reports that no observable instances of take of marine mammals occurred 
incidental to the Maritime WSEP training activities under the 2015 
Authorization.

Estimated Numbers of Marine Mammals Taken by Harassment

    The NDAA 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].
    NMFS' analysis identified the physiological responses, and 
behavioral responses that could potentially result from exposure to 
underwater explosive detonations. In this section, we will relate the 
potential effects to marine mammals from underwater detonation of 
explosives to the MMPA regulatory definitions of Level A and Level B 
harassment. This section will also quantify the effects that might 
occur from the proposed military readiness activities in W-151.
    At NMFS' recommendation, Eglin AFB updated the thresholds used for 
onset of temporary threshold shift (TTS; Level B Harassment) and onset 
of permanent threshold shift (PTS; Level A Harassment) to be consistent 
with the thresholds outlined in the Navy's report titled, ``Criteria 
and Thresholds for U.S. Navy Acoustic and Explosive Effects Analysis 
Technical Report,'' which the Navy coordinated with NMFS. NMFS believes 
that the thresholds outlined in the Navy's report represent the best 
available science. The report is available on the internet at: http://aftteis.com/Portals/4/aftteis/Supporting%20Technical%20Documents/Criteria_and_Thresholds_for_US_Navy_Acoustic_and_Explosive_Effects_Analysis-Apr_2012.pdf.

Level B Harassment

    Of the potential effects described earlier in this document, the 
following are the types of effects that fall into the Level B 
harassment category:
    Behavioral Harassment--Behavioral disturbance that rises to the 
level described in the above definition, when resulting from exposures 
to non-impulsive or impulsive sound, is Level B harassment. Some of the 
lower level physiological stress responses discussed earlier would also 
likely co-occur with the predicted harassments, although these 
responses are more difficult to detect and fewer data exist relating 
these responses to specific received levels of sound. When predicting 
Level B harassment based on estimated behavioral responses, those takes 
may have a stress-related physiological component.
    Temporary Threshold Shift (TTS)--As discussed previously, TTS can 
affect how an animal behaves in response to the environment, including 
conspecifics, predators, and prey. NMFS classifies TTS (when resulting 
from exposure to explosives and other impulsive sources) as Level B 
harassment, not Level A harassment (injury).

Level A Harassment

    Of the potential effects that were described earlier, the following 
are the types of effects that fall into the Level A Harassment 
category:
    Permanent Threshold Shift (PTS)--PTS (resulting either from 
exposure to explosive detonations) is irreversible and NMFS considers 
this to be an injury.
    Table 5 in this document outlines the acoustic thresholds used by 
NMFS for

[[Page 79857]]

this Authorization when addressing noise impacts from explosives.

                        Table 5--Impulsive Sound Explosive Thresholds Used by Eglin AFB in Its Current Acoustics Impacts Modeling
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Behavior                                        Slight injury
                                -----------------------------------------------------------------------------------------------------
             Group                                                                             Gastrointestinal                            Mortality
                                     Behavioral              TTS                 PTS                tract                Lung
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid-frequency Cetaceans........  167 dB SEL........  172 dB SEL or 23    187 dB SEL or       104 psi............  39.1 M1/3 (1+[DRm/  91.4 M1/3 (1+DRm/
                                                      psi.                45.86 psi.                               10.081])1/2 Pa-     10.081])1/2 Pa-
                                                                                                                   sec..               sec.
                                                                                                                  Where: M = mass of  Where: M = mass of
                                                                                                                   the animals in kg.  the animals in kg
                                                                                                                  DRm = depth of the  DRm = depth of the
                                                                                                                   receiver (animal)   receiver (animal)
                                                                                                                   in meters.          in meters.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Eglin AFB 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 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. Table 6 provides the estimated maximum range 
or radius, from the detonation point to the various thresholds 
described in Table 5.

                                   Table 6--Distances (m) to Harassment Thresholds From Eglin AFB's Explosive Ordnance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Mortality            Level A harassment                    Level B harassment
                                                                   -------------------------------------------------------------------------------------
                                                                                 Slight    GI track         PTS                 TTS           Behavioral
                                                                                  lung      injury  ----------------------------------------------------
           Munition               NEW     Total      Detonation      Modified    injury  -----------
                                 (lbs)    number      scenario       Goertner -----------                      230 dB
                                                                     Model 1    Modified    237 dB    187 dB    peak     172 dB     224 dB   167 dB  SEL
                                                                                Goertner     SPL       SEL      SPL       SEL     peak  SPL
                                                                                Model 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Bottlenose Dolphin
--------------------------------------------------------------------------------------------------------------------------------------------------------
GBU-10 or GBU-24..............      945        2  Surface.........        199        350        340      965      698      1,582      1,280        2,549
GBU-12 or GBU-54..............      192        6  Surface.........        111        233        198      726      409      2,027        752        2,023
AGM-65 (Maverick).............       86        6  Surface.........         82        177        150      610      312      1,414        575        1,874
GBU-39 (LSDB).................       37        4  Surface.........         59        128        112      479      234      1,212        433        1,543
AGM-114 (Hellfire)............       20       15  (10 ft depth)...        110        229         95      378      193      2,070        354        3,096
AGM-175 (Griffin).............       13       10  Surface.........         38         83         79      307      165      1,020        305        1,343
2.75 Rockets..................       12      100  Surface.........         36         81         77      281      161      1,010        296        1,339
PGU-13 HEI 30 mm..............      0.1    1,000  Surface.........          0          7         16       24       33        247         60          492
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Atlantic Spotted Dolphin and Unidentified Dolphin \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
GBU-10 or GBU-24..............      945        2  Surface.........        237        400        340      965      698      1,582      1,280        2,549
GBU-12 or GBU-54..............      192        6  Surface.........        138        274        198      726      409      2,027        752        2,023
AGM-65 (Maverick).............       86        6  Surface.........        101        216        150      610      312      1,414        575        1,874
GBU-39 (LSDB).................       37        4  Surface.........         73        158        112      479      234      1,212        433        1,543
AGM-114 (Hellfire)............       20       15  (10 ft depth)...        135        277         95      378      193      2,070        354        3,096
AGM-175 (Griffin).............       13       10  Surface.........         47        104         79      307      165      1,020        305        1,343
2.75 Rockets..................       12      100  Surface.........         45        100         77      281      161      1,010        296        1,339
PGU-13 HEI 30 mm..............      0.1    1,000  Surface.........          0          9         16       24       33        247         60          492
--------------------------------------------------------------------------------------------------------------------------------------------------------
AGM = air-to-ground missile; cal = caliber; CBU = Cluster Bomb Unit; ft = feet; GBU = Guided Bomb Unit; HEI = high explosive incendiary; lbs = pounds;
  mm = millimeters; N/A = not applicable; NEW = net explosive weight; PGU = Projectile Gun Unit; SDB = small diameter bomb; PTS = permanent threshold
  shift; TTS = temporary threshold shift; WCMD = wind corrected munition dispenser
\1\ Unidentified dolphin can be either bottlenose or Atlantic spotted dolphin. Eglin AFB based the mortality and slight lung injury criteria on the mass
  of a newborn Atlantic spotted dolphin.


[[Page 79858]]

    Eglin AFB uses the distance information shown in Table 6 (Table 6.3 
in Eglin AFB's application) to calculate the radius of impact for a 
given threshold from a single detonation of each munition/detonation 
scenario, then combine the calculated impact radii with density 
estimates (adjusted for depth distribution) and the number of live 
munitions to provide an estimate of the number of marine mammals 
potentially exposed to the various impact thresholds.
    The ranges presented in Table 6 represent a radius of impact for a 
given threshold from a single detonation of each munition/detonation 
scenario. They do not consider accumulated energies from multiple 
detonation occurring within the same 24-hour time period. For 
calculating take estimates, the single detonation approach is more 
conservative because it multiplies the exposures from a single 
detonation by the number of munitions and assumes a fresh population of 
marine mammals is being impacted each time. Eglin AFB used this 
approach because of the uncertainty surrounding which munitions they 
would release on a given day. Multiple variables, such as weather, 
aircraft mechanical issues, munition malfunctions, and target 
availability may prevent planned munitions releases. By treating each 
detonation as a separate event and summing those impacts accordingly, 
Eglin AFB would have maximum operational flexibility to conduct the 
missions without limitations on either the total number of munitions 
allowed to be dropped in a day, or on the specific combinations of 
munitions that could be released.
    While this methodology overestimates the overall potential takes, 
the ranges do not accurately represent the actual area acoustically 
impacted for a given threshold from multiple detonations in a given 
mission day. The total acoustic impact area for two identical bombs 
detonating within a given timeframe is less than twice the impact area 
of a single bomb's detonation. This has to do with the accumulated 
energy from multiple detonations occurring sequentially. When one 
weapon is detonated, a certain level of transmission loss is required 
to be calculated to achieve each threshold level which can then be 
equated to a range. By releasing a second munition in the same event 
(same place and close in time), even though the total energy is 
increased, the incremental impact area from the second detonation is 
slightly less than that of the first; however the impact range for the 
two munitions is larger than the impact range for one. Since each 
additional detonation adds energy to the sound exposure level (SEL) 
metric, all the energy from all munitions released in a day is 
accumulated. By factoring in the transmission loss of the first 
detonation added with the incremental increases from the second, third, 
fourth, etc., the range of the cumulative energy that is below each 
threshold level can be determined.

Density Estimation

    Density estimates for bottlenose dolphin and spotted dolphin were 
derived from two sources (see Table 7). NMFS provided detailed 
information on Eglin AFB's derivation of density estimates for the 
common bottlenose and Atlantic spotted dolphins in a previous Federal 
Register notice for a proposed Authorization to Eglin AFB for the same 
activities (79 FR 72631, December 8, 2014). The information presented 
in that notice has not changed and NMFS refers the reader to Section 3 
of Eglin AFB's application for detailed information on all equations 
used to calculate densities presented in Table 7.

    Table 7--Marine Mammal Density Estimates Within Eglin AFB's EGTTR
------------------------------------------------------------------------
                                                              Density
                         Species                             (animals/
                                                              km\2\)
------------------------------------------------------------------------
Bottlenose dolphin \1\..................................           1.194
Atlantic spotted dolphin \2\............................           0.265
Unidentified bottlenose dolphin/Atlantic spotted dolphin           0.009
 \2\....................................................
------------------------------------------------------------------------
\1\ Source: Garrison, 2008; adjusted for observer and availability bias
  by the author.
\2\ Source: Fulling et al., 2003; adjusted for negative bias based on
  information provided by Barlow (2003; 2006).

Take Estimation

    Table 8 indicates the modeled potential for lethality, injury, and 
non-injurious harassment (including behavioral harassment) to marine 
mammals in the absence of mitigation measures. Eglin AFB and NMFS 
estimate that approximately 38 marine mammals could be exposed to 
injurious Level A harassment noise levels (187 dB SEL) and 
approximately 942 animals could be exposed to Level B harassment (TTS 
and Behavioral) noise levels in the absence of mitigation measures.

           Table 8--Modeled Number of Marine Mammals Potentially Affected by Maritime WSEP Operations
----------------------------------------------------------------------------------------------------------------
                                                                      Level A         Level B         Level B
                     Species                         Mortality      harassment      harassment      harassment
                                                                    (PTS only)         (TTS)       (behavioral)
----------------------------------------------------------------------------------------------------------------
Bottlenose dolphin..............................               0              33             373             423
Atlantic spotted dolphin........................               0               5              68              69
Unidentified bottlenose dolphin/Atlantic spotted               0               0               4               5
 dolphin........................................
                                                 ---------------------------------------------------------------
    Total.......................................               0              38             445             497
----------------------------------------------------------------------------------------------------------------

    Based on the mortality exposure estimates calculated by the 
acoustic model, zero marine mammals are expected to be affected by 
pressure levels associated with mortality or serious injury. Zero 
marine mammals are expected to be exposed to pressure levels associated 
with slight lung injury or gastrointestinal tract injury.
    NMFS generally considers PTS to fall under the injury category 
(Level A Harassment). An animal would need to stay very close to the 
sound source for an extended amount of time to incur a serious degree 
of PTS, which could increase the probability of mortality. In this 
case, it would be highly unlikely for this scenario to unfold given the 
nature of any anticipated acoustic exposures that could potentially 
result from a mobile marine mammal that NMFS generally expects to 
exhibit avoidance behavior to loud sounds within the EGTTR.
    NMFS has relied on the best available scientific information to 
support the issuance of Eglin AFB's authorization. In the case of 
authorizing Level A harassment, NMFS has estimated that no more than 33 
bottlenose dolphins and 5 Atlantic spotted dolphins could, although 
unlikely, experience minor permanent threshold shifts of hearing

[[Page 79859]]

sensitivity (PTS). The available data and analyses, as described more 
fully in a previous notice for a proposed Authorization (79 FR 72631, 
December 8, 2014) and this notice include extrapolation results of many 
studies on marine mammal noise-induced temporary threshold shifts of 
hearing sensitivities. An extensive review of TTS studies and 
experiments prompted NMFS to conclude that possibility of minor PTS in 
the form of slight upward shift of hearing threshold at certain 
frequency bands by a few individuals of marine mammals is extremely 
low, but not unlikely.

Negligible Impact Analysis and Preliminary Determinations

    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 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, we consider other factors, such as the likely nature of any 
responses (e.g., intensity, duration), the context of any responses 
(e.g., critical reproductive time or location, migration), as well as 
the number and nature of estimated Level A harassment takes, the number 
of estimated mortalities, and effects on habitat.
    To avoid repetition, the discussion below applies to all the 
species listed in Table 8 for which we propose to authorize incidental 
take for Eglin AFB's activities.
    In making a negligible impact determination, we consider:
     The number of anticipated injuries, serious injuries, or 
mortalities;
     The number, nature, and intensity, and duration of Level B 
harassment;
     The context in which the takes occur (e.g., impacts to 
areas of significance, impacts to local populations, and cumulative 
impacts when taking into account successive/contemporaneous actions 
when added to baseline data);
     The status of stock or species of marine mammals (i.e., 
depleted, not depleted, decreasing, increasing, stable, impact relative 
to the size of the population);
     Impacts on habitat affecting rates of recruitment/
survival; and
     The effectiveness of monitoring and mitigation measures to 
reduce the number or severity of incidental take.
    For reasons stated previously in this document and based on the 
following factors, Eglin AFB's specified activities are not likely to 
cause long-term behavioral disturbance, serious injury, or death.
    The takes from Level B harassment would be due to potential 
behavioral disturbance and TTS. The takes from Level A harassment would 
be due to some form of PTS. Activities would only occur over a 
timeframe of two to three weeks in beginning in February, 2016, with 
one or two missions occurring per day. It is possible that some 
individuals may be taken more than once if those individuals are 
located in the exercise area on two different days when exercises are 
occurring.
    Noise-induced threshold shifts (TS, which includes PTS) are defined 
as increases in the threshold of audibility (i.e., the sound has to be 
louder to be detected) of the ear at a certain frequency or range of 
frequencies (ANSI 1995; Yost 2000). Several important factors relate to 
the magnitude of TS, such as level, duration, spectral content 
(frequency range), and temporal pattern (continuous, intermittent) of 
exposure (Yost 2000; Henderson et al. 2008). TS occurs in terms of 
frequency range (Hz or kHz), hearing threshold level (dB), or both 
frequency and hearing threshold level (CDC, 2004).
    In addition, there are different degrees of PTS: Ranging from 
slight/mild to moderate and from severe to profound (Clark, 1981). 
Profound PTS or the complete loss of the ability to hear in one or both 
ears is commonly referred to as deafness (CDC, 2004; WHO, 2006). High-
frequency PTS, presumably as a normal process of aging that occurs in 
humans and other terrestrial mammals, has also been demonstrated in 
captive cetaceans (Ridgway and Carder, 1997; Yuen et al. 2005; Finneran 
et al., 2005; Houser and Finneran, 2006; Finneran et al. 2007; Schlundt 
et al., 2011) and in stranded individuals (Mann et al., 2010).
    In terms of what is analyzed for the potential PTS (Level A 
harassment) in marine mammals as a result of Eglin AFB's Maritime WSEP 
operations, if it occurs, NMFS has determined that the levels would be 
slight/mild because research shows that most cetaceans show relatively 
high levels of avoidance. Further, it is uncommon to sight marine 
mammals within the target area, especially for prolonged durations. 
Results from monitoring programs associated other Eglin AFB activities 
and for Eglin AFB's 2015 Maritime WSEP activities have shown the 
absence of marine mammals within the EGTTR during and after maritime 
operations. Avoidance varies among individuals and depends on their 
activities or reasons for being in the area.
    NMFS' predicted estimates for Level A harassment take are likely 
overestimates of the likely injury that will occur. NMFS expects that 
successful implementation of the required vessel-based and video-based 
mitigation measures would avoid Level A take in some instances. Also, 
NMFS expects that some individuals would avoid the source at levels 
expected to result in injury. Nonetheless, although NMFS expects that 
Level A harassment is unlikely to occur at the numbers proposed to be 
authorized, because it is difficult to quantify the degree to which the 
mitigation and avoidance will reduce the number of animals that might 
incur PTS, we are proposing to authorize (and analyze) the modeled 
number of Level A takes (38), which does not take the mitigation or 
avoidance into consideration. However, we anticipate that any PTS 
incurred because of mitigation and the likely short duration of 
exposures, would be in the form of only a small degree of permanent 
threshold shift and not total deafness.
    While animals may be impacted in the immediate vicinity of the 
activity, because of the short duration of the actual individual 
explosions themselves (versus continual sound source operation) 
combined with the short duration of the Maritime WSEP operations, NMFS 
has preliminarily determined that there will not be a substantial 
impact on marine mammals or on the normal functioning of the nearshore 
or offshore Gulf of Mexico ecosystems. We do not expect that the 
proposed activity would impact rates of recruitment or survival of 
marine mammals since we do not expect mortality (which would remove 
individuals from the population) or serious injury to occur. In 
addition, the proposed activity would not occur in areas (and/or times) 
of significance for the marine mammal populations potentially affected 
by the exercises (e.g., feeding or resting areas, reproductive areas), 
and the activities would only occur in a small part of their overall 
range, so the impact of any potential temporary displacement would be 
negligible and animals would be expected to return to the area after 
the cessations of activities. Although the proposed activity could 
result in Level

[[Page 79860]]

A (PTS only, not slight lung injury or gastrointestinal tract injury) 
and Level B (behavioral disturbance and TTS) harassment of marine 
mammals, the level of harassment is not anticipated to impact rates of 
recruitment or survival of marine mammals because the number of exposed 
animals is expected to be low due to the short-term (i.e., four hours a 
day or less) and site-specific nature of the activity. We do not 
anticipate that the effects would be detrimental to rates of 
recruitment and survival because we do not expect serious of extended 
behavioral responses that would result in energetic effects at the 
level to impact fitness.
    Moreover, the mitigation and monitoring measures proposed for the 
Authorization (described earlier in this document) are expected to 
further minimize the potential for harassment. The protected species 
surveys would require Eglin AFB to search the area for marine mammals, 
and if any are found in the live fire area, then the exercise would be 
suspended until the animal(s) has left the area or relocated. Moreover, 
marine species observers located in the Eglin control tower would 
monitor the high-definition video feed from cameras located on the 
instrument barge anchored on-site for the presence of protected 
species. Furthermore, Maritime WSEP missions would be delayed or 
rescheduled if the sea state is greater than a 4 on the Beaufort Scale 
at the time of the test. In addition, Maritime WSEP missions would 
occur no earlier than two hours after sunrise and no later than two 
hours prior to sunset to ensure adequate daylight for pre- and post-
mission monitoring.
    Based on the preliminary 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 finds that Eglin AFB's Maritime WSEP 
operations will result in the incidental take of marine mammals, by 
Level A and Level B harassment only, and that the taking from the 
Maritime WSEP exercises will have a negligible impact on the affected 
species or stocks.

Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses

    There are no relevant subsistence uses of marine mammals implicated 
by this action. Therefore, NMFS has preliminarily determined that the 
total taking of affected species or stocks would not have an 
unmitigable adverse impact on the availability of such species or 
stocks for taking for subsistence purposes.

Endangered Species Act (ESA)

    Eglin AFB initiated consultation with the Southeast Region, NMFS, 
under section 7 of the ESA regarding the effects of this action on ESA-
listed species and critical habitat under the jurisdiction of NMFS. The 
consultation will be completed and a biological opinion issued prior to 
any final determinations on an issuance of an Authorization. Due to the 
location of the activity, no ESA-listed marine mammal species are 
likely to be affected; therefore, NMFS has preliminarily determined 
that this proposed Authorization would have no effect on ESA-listed 
species. However, prior to the agency's decision on the issuance or 
denial of this Authorization, NMFS will make a final determination on 
whether additional consultation is necessary.

National Environmental Policy Act (NEPA)

    In 2015, Eglin AFB provided NMFS with an EA titled, Maritime Weapon 
Systems Evaluation Program (WSEP) Operational Testing in the Eglin Gulf 
Testing and Training Range (EGTTR), Florida. The EA analyzed the 
direct, indirect, and cumulative environmental impacts of the specified 
activities on marine mammals. NMFS, after review and evaluation of the 
Eglin AFB EA for consistency with the regulations published by the 
Council of Environmental Quality (CEQ) and NOAA Administrative Order 
216-6, Environmental Review Procedures for Implementing the National 
Environmental Policy Act, adopted the EA. After considering the EA, the 
information in the 2014 IHA application, and the Federal Register 
notice, as well as public comments, NMFS has determined that the 
issuance of the 2015 Authorization was not likely to result in 
significant impacts on the human environment; adopted Eglin AFB's EA 
under 40 CFR 1506.3; and issued a FONSI statement on issuance of an 
Authorization under section 101(a)(5) of the MMPA.
    In accordance with NOAA Administrative Order 216-6 (Environmental 
Review Procedures for Implementing the National Environmental Policy 
Act, May 20, 1999), NMFS will again review the information contained in 
Eglin AFB's EA and determine whether the EA accurately and completely 
describes the preferred action alternative and the potential impacts on 
marine mammals. Based on this review and analysis, NMFS may reaffirm 
the 2015 FONSI statement on issuance of an annual authorization under 
section 101(a)(5) of the MMPA or supplement the EA if necessary.

Proposed Authorization

    As a result of these preliminary determinations, we propose to 
issue an Authorization to Eglin AFB for conducting Maritime WSEP 
activities, for a period of one year from the date of issuance, 
provided the previously mentioned mitigation, monitoring, and reporting 
requirements are incorporated. The proposed Authorization language is 
provided in the next section. The wording contained in this section is 
proposed for inclusion in the Authorization (if issued).
    1. This Authorization is valid for a period of one year from the 
date of issuance.
    2. This Authorization is valid only for activities associated with 
the Maritme WSEP operations utilizing munitions identified in the 
Attachment.
    3. The incidental taking, by Level A and Level B harassment, is 
limited to: Atlantic bottlenose dolphin (Tursiops truncatus); and 
Atlantic spotted dolphin (Stenella frontalis) as specified in Table 7 
of this notice.
    The taking by serious injury or death of these species, the taking 
of these species in violation of the conditions of this Incidental 
Harassment Authorization, or the taking by harassment, serious injury 
or death of any other species of marine mammal is prohibited and may 
result in the modification, suspension or revocation of this 
Authorization.
    4. Mitigation
    When conducting this activity, the following mitigation measures 
must be undertaken:
     If daytime weather and/or sea conditions preclude adequate 
monitoring for detecting marine mammals and other marine life, maritime 
strike operations must be delayed until adequate sea conditions exist 
for monitoring to be undertaken. Daytime maritime strike exercises will 
be conducted only when sea surface conditions do not exceed Beaufort 
sea state 4 (i.e., wind speed 13-18 mph (11-16 knots); wave height 1 m 
(3.3 ft)), the visibility is 5.6 km (3 nm) or greater, and the ceiling 
is 305 m (1,000 ft) or greater.
     On the morning of the maritime strike mission, the test 
director and safety officer will confirm that there are no issues that 
would preclude mission execution and that the weather is adequate to 
support monitoring and mitigation measures.

[[Page 79861]]

Two Hours Prior to Mission

     Mission-related surface vessels will be stationed on site.
     Vessel-based observers on board at least one vessel will 
assess the overall suitability of the test site based on environmental 
conditions (e.g., sea state) and presence/absence of marine mammal or 
marine mammal indicators (e.g., large schools of fish, jellyfish, 
Sargassum rafts, and large flocks of birds feeding at the surface). 
Observers will relay this information to the safety officer.

One and One-Half Hours Prior to Mission

     Vessel-based surveys and video camera surveillance will 
commence. Vessel-based observers will survey the zone of impact (ZOI) 
(5 km [3.1 mi]) and relay all marine mammal and indicator sightings, 
including the time of sighting and direction of travel (if known) to 
the safety officer. Surveys will continue for approximately one hour.
     If marine mammals or marine mammal indicators are observed 
within the ZOI (5 km [3.1 mi]), the test range will be declared 
``fouled,'' which will signify to mission personnel that conditions are 
such that a live ordnance drop cannot occur.
     If no marine mammals or marine mammal indicators are 
observed, the range will be declared ``green,'' which will signify to 
mission personnel that conditions are such that a live ordnance drop 
may occur.

One-Half Hour Prior to Mission

     Approximately 30 minutes prior to live weapon deployment, 
vessel-based observers will be instructed to leave the test site and 
remain outside the safety zone, which will be 9.5 miles from the 
detonation point (actual size will be determined by weapon net 
explosive weight (NEW) and method of delivery) during the conduct of 
the mission.
     Monitoring for marine mammals will continue from the 
periphery of the safety zone while the mission is in progress. Other 
safety boat crews will be instructed to observe for marine mammals 
during this time.
     After survey vessels have left the test site, marine 
species monitoring will continue for the Eglin control tower through 
the video feed received from the high definition cameras on the 
instrument barge.

Execution of Mission

     Immediately prior to live weapons drop, the test director 
and safety officer will communicate to confirm the results of the 
marine mammal survey and the appropriateness of proceeding with the 
mission. The safety officer will have final authority to proceed with, 
postpone, move, or cancel the mission.
     The mission will be postponed or moved if: Any marine 
mammal is visually detected within the ZOI (5 km [3.1 mi]). 
Postponement will continue until the animal(s) that caused the 
postponement is confirmed to be outside of the ZOI (5 km [3.1 mi]) due 
to swimming out of the range; or large schools of fish, jellyfish, 
Sargassum rafts, or large flocks of birds feeding at the surface are 
observed within the ZOI (5 km [3.1 mi]). Postponement will continue 
until these potential indicators are confirmed to be outside the ZOI (5 
km [3.1 mi]).
     In the event of a postponement, pre-mission monitoring 
will continue as long as weather and daylight hours allow.

Post Mission

     Post-mission surveys will commence as soon as Explosive 
Ordnance Disposal (EOD) personnel declare the test area safe. These 
surveys will be conducted by the same vessel-based observers that 
conducted the pre-mission surveys.
     Survey vessels will move into the ZOI (5 km [3.1 mi]) from 
outside the safety zone and monitor for at least 30 minutes, 
concentrating on the area down-current of the test site. Any marine 
mammals killed or injured as a result of the test will be documented 
and immediately reported to the NMFS Southeast Region Marine Mammal 
Stranding Network at 877-433-8299 and the Florida Marine Mammal 
Stranding Hotline at 888-404-3922. The species, number, location, and 
behavior of any animals observed will be documented and reported.
     If post-mission surveys determine that an injury or lethal 
take of a marine mammal has occurred, the next maritime strike mission 
will be suspended until the test procedure and the monitoring methods 
have been reviewed with NMFS and appropriate changes made.

5. Monitoring

    The holder of this Authorization is required to cooperate with the 
National Marine Fisheries Service and any other Federal, state or local 
agency monitoring the impacts of the activity on marine mammals.
    The holder of this Authorization will track their use of the EGTTR 
for the Maritime WSEP missions and marine mammal observations, through 
the use of mission reporting forms.
    Maritime strike missions will coordinate with other activities 
conducted in the EGTTR (e.g., Precision Strike Weapon and Air-to-
Surface Gunnery missions) to provide supplemental post-mission 
observations of marine mammals in the operations area of the exercise.
    Any dead or injured marine mammals observed or detected prior to 
testing or injured or killed during live drops, must be immediately 
reported to the NMFS Southeast Region Marine Mammal Stranding Network 
at 877-433-8299 and the Florida Marine Mammal Stranding Hotline at 888-
404-3922.
    Any unauthorized impacts on marine mammals must be immediately 
reported to Dr. Roy E. Crabtree, the National Marine Fisheries 
Service's Southeast Regional Administrator, at 727-842-5312, and Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources at 301-427-8401.
    The monitoring team will document any marine mammals that were 
killed or injured as a result of the test and, if practicable, 
coordinate with the local stranding network and NMFS to assist with 
recovery and examination of any dead animals, as needed.
    Activities related to the monitoring described in this 
Authorization, including the retention of marine mammals, do not 
require a separate scientific research permit issued under section 104 
of the Marine Mammal Protection Act.

6. Reporting

    A draft report of marine mammal observations and Maritime WSEP 
mission activities must be submitted to the National Marine Fisheries 
Service's Southeast Regional Office, Protected Resources Division, 263 
13th Ave. South, St. Petersburg, FL 33701 and NMFS's Office of 
Protected Resources, 1315 East West Highway, Silver Spring, MD 20910. 
This draft report must include the following information:
     Date and time of each maritime strike mission;
     A complete description of the pre-exercise and post-
exercise activities related to mitigating and monitoring the effects of 
maritime strike missions on marine mammal populations;
     Results of the monitoring program, including numbers by 
species/stock of any marine mammals noted injured or killed as a result 
of the maritime strike mission and number of marine mammals (by species 
if possible) that may have been harassed due to presence within the ZOI 
(5 km [3.1 mi]); and
     A detailed assessment of the effectiveness of sensor based 
monitoring in detecting marine mammals in the area of Maritime WSEP 
operations.

[[Page 79862]]

    The draft report will be subject to review and comment by the 
National Marine Fisheries Service. Any recommendations made by the 
National Marine Fisheries Service must be addressed in the final report 
prior to acceptance by the National Marine Fisheries Service. The draft 
report will be considered the final report for this activity under this 
Authorization if the National Marine Fisheries Service has not provided 
comments and recommendations within 90 days of receipt of the draft 
report.

7. Additional Conditions

     The maritime strike mission monitoring team will 
participate in the marine mammal species observation training. 
Designated crew members will be selected to receive training as 
protected species observers. Protected Species Observers will receive 
training in protected species survey and identification techniques 
through a National Marine Fisheries Service-approved training program.
     The holder of this Authorization must inform the Director, 
Office of Protected Resources, National Marine Fisheries Service, (301-
427-8400) or designee (301-427-8401) prior to the initiation of any 
changes to the monitoring plan for a specified mission activity.
     A copy of this Authorization must be in the possession of 
the safety officer on duty each day that maritime strike missions are 
conducted.
     Failure to abide by the Terms and Conditions contained in 
this Incidental Harassment Authorization may result in a modification, 
suspension or revocation of the Authorization.

Request for Public Comments

    We request comment on our analysis, the draft authorization, and 
any other aspect of this Federal Register notice of proposed 
Authorization. Please include with your comments any supporting data or 
literature citations to help inform our final decision on Eglin AFB's 
renewal request for an MMPA authorization.

    Dated: December 17, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-32154 Filed 12-17-15; 4:15 pm]
BILLING CODE 3510-22-P