[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5545-5571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02511]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 218

[Docket No. 170831846-8105-02]
RIN 0648-BH21


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Testing and Training Activities Conducted in the Eglin 
Gulf Test and Training Range in the Gulf of Mexico

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

ACTION: Final rule.

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

SUMMARY: Upon application from the United States Air Force (USAF), 96th 
Civil Engineer Group/Environmental Planning Office (96 CEG/CEIEA) at 
Eglin Air Force Base (hereafter referred to as Eglin AFB), NMFS is 
issuing regulations under the Marine Mammal Protection Act (MMPA) for 
the taking of marine mammals incidental to conducting testing and 
training activities in the Eglin Gulf Test and Training Range (EGTTR) 
in the Gulf of Mexico over the course of five years. These regulations 
allow NMFS to issue a Letter of Authorization (LOA) for the incidental 
take of marine mammals during the specified testing and training 
activities carried out during the rule's period of effectiveness, set 
forth the permissible methods of taking, set forth other means of 
effecting the least practicable adverse impact on marine mammal species 
or stocks and their habitat, and set forth requirements pertaining to 
the monitoring and reporting of the incidental take. The specific 
activities are classified as military readiness activities.

DATES: Effective February 13, 2018 through February 12, 2023.

ADDRESSES: To obtain an electronic copy of the USAF 96 CEG/CEIEA's LOA 
application or other referenced documents, visit the internet at: 
http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm. Documents 
cited in this rule may also be viewed, by appointment, during regular 
business hours, at 1315 East-West Highway, SSMC III, Silver Spring, MD 
20912.

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

SUPPLEMENTARY INFORMATION: 

Availability

    A copy of the 96 CEG/CEIEA's application, NMFS proposed rule (82 FR 
61372; December 27, 2017), the USAF's Eglin Gulf Test and Training 
Range Environmental Assessment (Navy 2015) and NMFS Finding of No 
Significant Impact (FONSI) may be obtained by visiting the internet at: 
http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm. Documents 
cited in this rule may also be viewed, by appointment, during regular 
business hours, at the aforementioned address (see ADDRESSES).

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1371(a)(5)(A)) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional taking of small numbers of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical region for up to five years 
if, after notice and public comment, the agency makes certain findings 
and issues regulations that set forth permissible methods of taking 
pursuant to that activity, as well as monitoring and reporting 
requirements. Section 101(a)(5)(A) of the MMPA and the implementing 
regulations at 50 CFR part 216, subpart I provide the legal basis for 
issuing this rule and any subsequent LOA pursuant to those regulations. 
As directed by this legal authority, this final rule contains 
mitigation, monitoring, and reporting requirements.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the Secretary sets forth permissible methods of 
taking and other means of effecting the least practicable impact on the 
species or stock and its habitat. 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 for Fiscal Year 2004 
(Section 319, Pub. L. 108-136, November 24, 2003) (NDAA of 2004) 
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, 16 U.S.C. 1362(18)(B)): (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).

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review the proposed action (i.e., the issuance of regulations 
and an LOA) with respect to potential impacts on the human environment.
    Accordingly, NMFS has adopted the USAF's Eglin Gulf Test and 
Training Range Environmental Assessment and after an independent 
evaluation of the document found that it included adequate information 
analyzing the effects on the human environment of

[[Page 5546]]

issuing incidental take authorizations. In February 2018, NMFS issued a 
Finding of No Significant Impact (FONSI). The final EA and FONSI are 
available at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm.

Summary of Request

    On September 16, 2015, NMFS received a request for regulations from 
Eglin AFB for the taking of marine mammals incidental to testing and 
training activities in the EGTTR (defined as the area and airspace over 
the Gulf of Mexico controlled by Eglin AFB, beginning at a point three 
nautical miles (NM) off the coast of Florida) for a period of five 
years. Eglin AFB worked with NMFS to revise the model used to calculate 
take estimates and submitted a revised application on April 15, 2017. 
The application was considered adequate and complete on October 30, 
2017.
    On August 24, 2017, we published a notice of receipt of Eglin AFB's 
application in the Federal Register (82 FR 40141), requesting comments 
and information for thirty days related to Eglin AFB's request. We did 
not receive any comments from the public. We subsequently published a 
notice of proposed rulemaking in the Federal Register on December 27, 
2017 (82 FR 61372), again requesting public comments.
    NMFS previously issued incidental take authorizations for 
activities taking place in the EGTTR. On April 23, 2012, NMFS 
promulgated rulemaking and issued an LOA for takes of marine mammals 
incidental to Eglin AFB's Naval Explosive Ordnance Disposal School 
(NEODS) training operations at Eglin AFB. This rule expired on April 
24, 2017 (77 FR 16718; March 22, 2012). On March 5, 2014, NMFS 
promulgated rulemaking and issued an LOA for takes of marine mammals 
incidental to Eglin AFB's Special Operations Command (AFSOC) precision 
strike weapons (PSW) and air-to-surface (AS) gunnery activities in the 
EGTTR, which is valid through March 4, 2019 (79 FR 13568; March 11, 
2014). In addition to these rules and LOAs, NMFS has issued Incidental 
Harassment Authorizations (IHA) for take of marine mammals incidental 
to Eglin AFB's Maritime Strike Operations (78 FR 52135; August 22, 
2013; valid August 19, 2013 through August 18, 2014) and Maritime 
Weapons Systems Evaluations Program (WSEP) annually in 2015 (80 FR 
17394), 2016 (81 FR 7307), and 2017 (82 FR 10747) which currently 
expires on February 3, 2018. Eglin AFB complied with all conditions of 
the LOAs and IHAs issued, including submission of final reports. 
Information regarding their monitoring results may be found in the 
Effects of the Specified Activity on Marine Mammals and their Habitat 
section. Based on these reports, NMFS has determined that impacts to 
marine mammals were not beyond those anticipated. Eglin AFB's current 
LOA would supersede the existing PSW and AS gunnery rule that is in 
effect until March 4, 2019, and would include all of Eglin AFB's 
testing and training activities, including WSEP activities, into one 
new rule with the exception of NEODS training activities. Eglin AFB has 
never conducted any NEODS training activities and is not including 
these activities as part of the new rulemaking.

Summary of Major Provisions Within the Final Rule

    Following is a summary of some of the major provisions applicable 
to Eglin AFB's Testing and training missions in the EGTTR. We have 
determined that Eglin AFB's adherence to the mitigation, monitoring, 
and reporting measures included in this rule would achieve the least 
practicable adverse impact on the affected marine mammals. The 
provisions, which are generally designed to minimize the duration and 
total volume of explosive detonations, include:
     Monitoring will be conducted by personnel who have 
completed Eglin's Marine Species Observer Training Course, which was 
developed in cooperation with the National Marine Fisheries Service;
     For each live mission, at a minimum, pre- and post-mission 
monitoring will be required. Monitoring will be conducted from a given 
platform depending on the specific mission. The purposes of pre-mission 
monitoring are to (1) evaluate the mission site for environmental 
suitability and (2) verify that the zone of influence (ZOI) is free of 
visually detectable marine mammals and potential marine mammal 
indicators. Post-mission monitoring is designed to determine the 
effectiveness of pre-mission mitigation by reporting sightings of any 
dead or injured marine mammals;
     Mission delay will be implemented during live ordnance 
mission activities if protected species, large schools of fish, or 
large flocks of birds are observed feeding at the surface within the 
ZOI. Mission activities may not resume until the animals are observed 
moving away from the ZOI or 30 minutes have passed;
     Mission delay will be implemented if daytime weather and/
or sea conditions preclude adequate monitoring for detecting marine 
mammals and other marine life. EGTTR missions may not resume until 
adequate sea conditions exist for monitoring;
     If unauthorized takes of marine mammals (i.e., serious 
injury or mortality) occur, ceasing operations and reporting to NMFS 
immediately and submitting a report to NMFS within 24 hours;
     Aerial-based monitoring will be employed which provides an 
excellent viewing platform for detection of marine mammals at or near 
the surface;
     Video-based monitoring via live high-definition video feed 
will be employed which facilitates data collection for the mission but 
can also allow remote viewing of the area for determination of 
environmental conditions and the presence of marine species up to the 
release time of live munitions;
     Vessel-based monitoring will be employed; and
     Ramp-up procedures will be implemented during gunnery 
operations.

Detailed Description of the Specified Activity

    The proposed rule (82 FR 61372; December 27, 2017) and the 96 CEG/
CEIEA's EA include a complete description of the USAF's specified 
training activities for which NMFS is authorizing incidental take of 
marine mammals in this final rule. Surface and sub-surface detonations 
are the stressors most likely to result in impacts on marine mammals 
that could rise to the level of harassment. The aforementioned 
documents can be found at http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm). The description of location, delivery 
aircraft, and weapon types remain unchanged, and we incorporate this 
description by reference, and provide a summary below.
    Eglin AFB will conduct military aircraft missions within the EGTTR 
that involve the employment of multiple types of live (explosive) and 
inert (non-explosive) munitions against various surface targets. 
Munitions may be delivered by multiple types of aircraft including, but 
not limited to, fighter jets, bombers, and gunships. Munitions consist 
of bombs, missiles, rockets, and gunnery rounds. The targets may vary, 
but primarily consist of stationary, towed, or remotely controlled 
boats, inflatable targets, or marking flares. Detonations may occur in 
the air, at the water surface, or approximately 10 feet (ft) below the 
surface. Absent mitigation, mission activities planned in the EGTTR 
have the potential to expose cetaceans to sound or pressure levels

[[Page 5547]]

currently associated with mortality, Level A harassment, and Level B 
harassment, as defined by the MMPA.
    Testing and training missions would be conducted during any time of 
the year. Missions that involve inert munitions and in-air detonations 
may occur anywhere in the EGTTR. Aside from gunnery operations, mission 
activities that release live ordnance resulting in surface or 
subsurface detonations would be conducted at a pre-determined location 
approximately 17 miles offshore of Santa Rosa Island, in a water depth 
of about 35 meters (m) (115 ft).
    All activities will take place within the EGTTR, which is defined 
as the airspace over the Gulf of Mexico controlled by Eglin AFB, 
beginning at a point 3 NM from shore. The EGTTR is subdivided into 
blocks consisting of Warning Areas W-155, W-151, W-470, W-168, and W-
174, as well as Eglin Water Test Areas 1 through 6 (See Figure 1-2 in 
Application). Most of the blocks are further sub-divided into smaller 
airspace units for scheduling purposes (for example, W-151A, B, C, and 
D). However, most of the activities will occur in W-151, and the great 
majority will occur specifically in sub-area W-151A due to its 
proximity to shore (Figure 1-3 in Application). Descriptive information 
for all of W-151 and for W-151A specifically is provided below.
    Eglin AFB plans to conduct the following actions in the EGTTR: (1) 
86th Fighter Weapons Squadron (86 FWS) Maritime Weapons System 
Evaluation Program (WSEP) test missions that involve the use of 
multiple types of live and inert munitions (bombs and missiles) 
detonated above, at, or slightly below the water surface; (2) Advanced 
Systems Employment Project actions that involve deployment of a variety 
of pods, air-to-air missiles, bombs, and other munitions (all inert 
ordnances in relation to EGTTR); (3) Air Force Special Operations 
Command (AFSOC) training, including air-to-surface gunnery missions 
involving firing live gunnery rounds at targets on the water surface in 
EGTTR, small diameter bomb (SDB) and Griffin/Hellfire missile training 
involving the use of live missiles and SDBs in the EGTTR against small 
towed boats, and CV-22 tiltrotor aircraft training involving the firing 
of 0.50 caliber (cal.)/7.62 mm ammunition at flares floating on the 
EGTTR water surface; (4) 413th Flight Test Squadron (FLTS) Precision 
Strike Program (PSP) activities involving firing munitions at flare 
targets on the EGTTR water surface and Stand-Off Precision Guided 
Munitions (SOPGM) testing involving captive-carry, store separation, 
and weapon employment tests; (5) 780th Test Squadron (TS) activities 
involving precision strike weapon (PSW) test missions (launch of 
munitions against targets in the EGTTR) and Longbow Littoral Testing 
(data collection on tracking and impact ability of the Longbow missile 
on small boats); (6) 96th Test Wing Inert Missions (developmental 
testing and evaluation for wide variety of air-delivered weapons and 
other systems using inert bombs); and (7) 96 Operations Group (OG) 
missions, which involve the support of air-to-surface missions for 
several user groups within EGTTR.
    During these activities, ordnances may be delivered by multiple 
types of aircraft, including bombers and fighter aircraft. The actions 
include air-to-ground missiles (AGM); air intercept missiles (AIM); 
bomb dummy units (BDU); guided bomb units (GBU); projectile gun units 
(PGU); cluster bomb units (CBU); wind-corrected munitions dispensers 
(WCMD); small-diameter bombs (SDB) and laser small diameter bombs 
(LSDB); high explosive incendiary units (HEI); joint direct attack 
munitions (JDAM) and laser joint direct attack munitions (LJDAM); 
research department explosives (RDX); joint air-to-surface stand-off 
missiles (JASSM); high altitude anti-submarine warfare weapons (inert); 
high-speed maneuverable surface targets; and gunnery rounds. Net 
explosive weight (NEW) of the live munitions ranges from 0.1 to 945 
pounds (lb).
    The EGTTR testing and training missions are classified as military 
readiness activities and involve the firing or dropping of air-to-
surface weapons. Depending on the requirements of a given mission, 
munitions may be inert (contain no or very little explosive charges) or 
live (contain explosive charges). Live munitions may detonate above, 
at, or slightly below the water surface. In most cases, missions 
consisting of live bombs, missiles, and rockets that detonate at or 
below the water surface will occur at a site in W-151A that has been 
designated specifically for these types of activities. Typically, test 
data collection is conducted from an instrumentation barge known as the 
Gulf Range Armament Test Vessel (GRATV) anchored on-site, which 
provides a platform for cameras and weapon-tracking equipment. 
Therefore, the mission area is referred to as the GRATV target 
location. Alternative site locations may be selected, if necessary, 
within a 5-mile radius around the GRATV point. Missions that involve 
inert munitions and in-air detonations may occur anywhere in the EGTTR 
but are typically conducted in W-151.
    For this LOA, descriptions of mission activities that involve in-
water detonations include a section called Mission-Day Categorization. 
This subsection describes the mission-day scenario used for acoustic 
modeling and is based on the estimated number of weapons released per 
day. This approach is meant to satisfy NMFS' requests to analyze and 
assess acoustic impacts associated with accumulated energy from 
multiple detonations occurring over a 24-hour timeframe. Eglin AFB used 
all available information to develop each mission-day scenario, 
including historical release records; however, these scenarios may not 
represent exact weapon releases because military needs and requirements 
are in a constant state of flux. The mission-day categorizations 
provide high-, medium-, and low-intensity mission-day scenarios for 
some groups and an average scenario for other groups. Mission-day 
scenarios vary for each user group and are described in the following 
sections.
    Note that additional testing and training activities are planned 
for the EGTTR that will not result in any acoustic impacts to marine 
mammals and, therefore, not require any acoustic analyses. Examples 
include the firing of 0.50 caliber and 7.62 gunnery rounds that do not 
contain explosives, use of airburst-only detonations, and operations 
involving simulated weapons delivery. Those activities are described in 
detail in the Application but are not discussed here.

86th Fighter Weapons Squadron Maritime Weapons System Evaluation 
Program

    The 86 FWS would continue to use multiple types of live and inert 
munitions in the EGTTR against small boat targets for the Maritime WSEP 
Operational Testing Program. The purpose of the testing is to continue 
the development of tactics, techniques and procedures (TTP) for USAF 
strike aircraft to counter small maneuvering surface vessels in order 
to better protect vessels or other assets from small boat threats.
    Proposed aircraft and munitions associated with Maritime WSEP 
activities are shown in Table 1. Because the focus of the tests would 
be weapon/target interaction, no particular aircraft would be specified 
for a given test as long as it met the delivery requirements.

[[Page 5548]]



          Table 1--Maritime WSEP Munitions and Example Aircraft
------------------------------------------------------------------------
           Munitions                             Aircraft
------------------------------------------------------------------------
AGM-114 (Hellfire).............  F-15 fighter aircraft.
AGM-176 (Griffin)..............  F-16 fighter aircraft.
AGM-65 (Mavericks).............  F-18 fighter aircraft.
AIM-9X.........................  F-22 fighter aircraft.
BDU-56.........................  F-35 fighter aircraft.
CBU-105 (WCMD).................  AC-130 gunship.
GBU-12/GBU-54..................  A-10 fighter aircraft.
GBU-10/GBU-24..................  B-1 bomber aircraft.
GBU-31.........................  B-52 bomber aircraft.
GBU-38.........................  B-2 bomber aircraft.
PGU-13/B.......................  MQ-1.
PGU-27.........................  MQ-9.
2.75 in Rockets................
7.62mm/50 Cal..................
GBU-39 (Laser SDB).............
GBU-53 (SDB II)................
------------------------------------------------------------------------
AGM = air-to-ground missile; AIM = air intercept missile; BDU = Bomb,
  Dummy Unit; GBU = Guided Bomb Unit; PGU = Projectile Gun Unit; CBU =
  Cluster Bomb Unit; WCMD = Wind-Corrected Munitions Dispenser; mm =
  millimeters; SDB = Small Diameter Bomb.

    Live munitions would be set to detonate either in the air, 
instantaneously upon contact with a target boat, or after a slight 
delay (up to 10 millisecond) after impact, which would correspond to a 
water depth of about 5 to 10 ft. The annual number, height or depth of 
detonation, explosive material, and net explosive weight (NEW) of each 
live munition associated with Maritime WSEP is provided in Table 2. The 
quantity of live munitions tested is considered necessary to provide 
the intended level of tactics and weapons evaluation, including a 
number of replicate tests sufficient for an acceptable confidence level 
regarding munitions capabilities.

                            Table 2--Annual Maritime WSEP Munitions Use in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                      Number of        Detonations         Warhead--explosive
         Type of munition             munitions          scenario               material             NEW (lbs)
----------------------------------------------------------------------------------------------------------------
GBU-10 or GBU-24.................               2  Surface or           MK-84--Tritonal.........             945
                                                    Subsurface.
GBU-49...........................               4  Surface............  Tritonal................             300
JASSM............................               4  Surface............  Tritonal................             240
GBU-12/-54 (LJDAM)/-38/-32 (JDAM)              10  Surface or           MK-82--Tritonal.........             192
                                                    Subsurface.
AGM-65 (Maverick)................               8  Surface............  WDU-24/B penetrating                  86
                                                                         blast-fragmentation
                                                                         warhead.
CBU-105..........................               4  Airburst...........  10 BLU-108 submunitions           107.63
                                                                         with 4 projectiles,
                                                                         parachute, rocket motor
                                                                         & altimeter. 10.69 lbs
                                                                         NEW/submunition
                                                                         (includes 2.15 lbs/
                                                                         projectile).
GBU-39 (LSDB)....................               4  Airburst, Surface,   AFX-757 (Insensitive                  37
                                                    or Subsurface.       munition).
AGM-114 (Hellfire)...............              30  Airburst or          High Explosive Anti-Tank              29
                                                    Surface,             (HEAT) tandem anti-
                                                    Subsurface.          armor metal augmented
                                                                         charge.
GBU-53 (SDB II)..................               4  Airburst, Surface    PBX-N-109 Aluminized               22.84
                                                    or Subsurface.       Enhanced Blast, Scored
                                                                         Frag Case, Copper Shape
                                                                         Charge.
AIM-9X...........................               2  Surface............  PBXN-3..................             7.9
AGM-176 (Griffin)................              10  Airburst or Surface  Blast fragmentation.....            4.58
Rockets (including APKWS)........             100  Surface............  Comp B-4 HEI............              10
PGU-13 HEI 30 mm.................           1,000  Surface............  30 x 173 mm caliber with             0.1
                                                                         aluminized RDX
                                                                         explosive. Designed for
                                                                         GAU-8/A Gun System.
GBU-10...........................              21  Inert..............  N/A.....................             N/A
GBU-12...........................              27  Inert..............  N/A.....................             N/A
GBU-24...........................              17  Inert..............  N/A.....................             N/A
GBU-31...........................               6  Inert..............  N/A.....................             N/A
GBU-38...........................               3  Inert..............  N/A.....................             N/A
GBU-54...........................              16  Inert..............  N/A.....................             N/A
BDU-56...........................              13  Inert..............  N/A.....................             N/A
AIM-9X...........................               3  Inert..............  N/A.....................             N/A
PGU-27...........................          46,000  Inert..............  N/A.....................             N/A
----------------------------------------------------------------------------------------------------------------
AGM = air-to-ground missile; AIM = air intercept missile; BDU = Bomb, Dummy Unit; CBU = Cluster Bomb Unit; GBU =
  Guided Bomb Unit; HEI = high explosive incendiary; lbs = pounds; LJDAM = laser joint direct attack munition;
  LSDB = Laser Small Diameter Bombs; MK = mark; mm = millimeters; NEW = Net Explosive Weight; PGU = Projectile
  Gun Unit; RDX = research department explosive; SDB = Small Diameter Bomb.


[[Page 5549]]

    Mission-day categorizations of weapon releases listed in Table 3 
were developed based on historical mission data, project engineer 
input, and future Maritime WSEP requirements. Categories of missions 
were grouped first using historical weapon releases per day (refer to 
Maritime Strike and Maritime WSEP annual reports for 2015 and 2016). 
Next, the most recent weapons evaluation needs and requirements were 
considered to develop three different scenarios: Categories A, B, and 
C. Mission-day Category A represents munitions with larger NEW (192 to 
945 pounds) with both surface and subsurface detonations. This category 
includes future requirements and provides flexibility for the military 
mission. To date, Category A levels of activity have not been conducted 
under the 86 FWS Maritime WSEP missions and is considered a worst-case 
scenario. Category B represents munitions with medium levels of NEW (20 
to 86 pounds) including surface and subsurface detonations. Category B 
was developed using actual levels of weapon releases during Maritime 
WSEP missions (refer to Maritime WSEP annual reports for 2015 and 
2016). Category C represents munitions with smaller NEW (0.1 to 13 
pounds) and includes surface detonations only.

                                       Table 3--Maritime WSEP Munitions Categorized as Representative Mission Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Total
      Mission category                   Munition               NEW (lbs)          Detonation type         Munitions per   Mission days/    Munitions/
                                                                                                                day            year            year
--------------------------------------------------------------------------------------------------------------------------------------------------------
A...........................  GBU-10/-24/-31...............             945  Subsurface.................               1               2               2
                                                                             (10-ft depth)..............
                              GBU-49.......................             300  Surface....................               2  ..............               4
                              JASSM........................             240  Surface....................               2  ..............               4
                              GBU-12/-54 (LJDAM)/-38/-32                192  Subsurface.................               5  ..............              10
                               (JDAM).                                       (10-ft depth)..............
B...........................  AGM-65 (Maverick)............              86  Surface....................               2               4               8
                              GBU-39 (SDB).................              37  Surface....................               1  ..............               4
                              AGM-114 (Hellfire)...........              20  Subsurface.................               5  ..............              20
                                                                             (10-ft depth)..............
C...........................  AGM-176 (Griffin)............              13  Surface....................               5               2              10
                              2.75 rockets.................              12  Surface....................              50  ..............             100
                              AIM-9X.......................             7.9  Surface....................               1  ..............               2
                              PGU-12 HEI 30 mm.............             0.1  Surface....................             500  ..............           1,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
AGM = air-to-ground missile; CBU = Cluster Bomb Unit; GBU = Guided Bomb Unit; HEI = high explosive incendiary; JDAM = Joint Direct Attack Munition;
  LJDAM = Laser Joint Direct Attack Munition; lbs = pounds; NEW = net explosive weight; PGU = Projectile Gun Unit; mm = millimeter; SDB = Small Diameter
  Bomb.

Advanced Systems Employment Project

    The planned Advanced Systems Employment Project (ASEP) action 
includes evaluating upgrades to numerous research and development, as 
well as USAF hardware and software, initiatives. F16, F15E, and BAC1-11 
aircraft would be used to deploy a variety of pods, air-to-air 
missiles, bombs, and other munitions. Many of the missions are 
conducted over Eglin land ranges. However, inert instrumented MK-84 
Joint Direct Attack Munition (JDAM) bombs would be expended in W-151 
under the planned action. Bombs would be dropped on target boats 
located 20 to 25 miles offshore. A maximum of 12 over-water missions 
could be conducted annually, although the number could be as low as 4. 
There would be no live ordnance associated with ASEP actions in the 
EGTTR.

Air Force Special Operations Command Training

    The USAF Special Operations Command (AFSOC) conducts various 
training activities with multiple types of munitions in nearshore 
waters of the EGTTR (W-151). Training activities include air-to-surface 
gunnery and small diameter bomb/Griffin/Hellfire missile proficiency 
training. The following subsections describe the planned actions 
included in Eglin AFB's LOA request.
    Air-to-surface gunnery missions involve firing of live gunnery 
rounds from the AC-130 aircraft at targets on the water surface in the 
EGTTR.
    After target deployment, the firing sequence is initiated. A 
typical gunship mission lasts approximately five hours without air-to-
air refueling, and six hours when refueling is accomplished. A typical 
mission includes 1.5 to 2 hours of live fire. This time includes 
clearing the area and transiting to and from the range. Actual firing 
activities typically do not exceed 30 minutes. The number and type of 
munitions deployed during a mission varies with each type of mission 
flown. The 105-mm TR variants are used during nighttime training. Live 
fire events are continuous, with pauses during the firing usually well 
under a minute and rarely from two to five minutes.
    Gunnery missions could occur any season of year, during daytime or 
nighttime hours. The quantity of live rounds expended is based on 
estimates provided by AFSOC regarding the annual number of missions and 
number of rounds per mission. The 105 mm FU rounds would typically be 
used during daytime missions, while the 105 mm TR variants would be 
used at night.
    On March 5, 2014, NMFS issued a 5-year LOA in accordance with the 
MMPA for AFSOC's air-to-surface gunnery activities which is currently 
valid through March 4, 2019. This LOA request would supersede that 
authorization for AC-130 air-to-surface gunnery activities for another 
five years (2018-2023); it incorporates the updated approach to 
analysis requested by NMFS. No significant changes to these mission 
activities are anticipated in the foreseeable future. Table 4 shows the 
annual number of missions and gunnery rounds currently authorized under 
the existing LOA which will be carried forward for this LOA request.

[[Page 5550]]



                           Table 4--Summary of Annual AFSOC AC-130 Gunnery Operations
----------------------------------------------------------------------------------------------------------------
                                                                                     Number of       Number of
                    Munition                         NEW (lbs)         Total          daytime        nighttime
                                                                  munitions/year     missions        missions
----------------------------------------------------------------------------------------------------------------
105 mm HE (FU)..................................             4.7             750              25              45
105 mm HE (TR)..................................            0.35           1,350  ..............  ..............
40 mm HE........................................            0.87           4,480  ..............  ..............
30 mm HE........................................             0.1          35,000  ..............  ..............
25 mm HE........................................           0.067          39,200  ..............  ..............
                                                 ---------------------------------------------------------------
    Total.......................................  ..............          80,780  ..............  ..............
----------------------------------------------------------------------------------------------------------------
HE = High Explosive; lbs = pounds; mm = millimeter; NEW = net explosive weight; TR = Training Round; FU = Full
  Up.

    Two mission-day scenarios were developed to represent the average 
number of gunnery rounds expended during daytime and nighttime AC-130 
air-to-surface gunnery missions; category D for daytime missions and 
category E for nighttime missions. The mission-day scenarios developed 
for AC-130 air-to-surface gunnery missions are shown in Table 5.

                                      Table 5--AC-130 Gunnery Operations Categorized as Representative Mission Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Munitions per   Mission days/       Total
      Mission category                   Munition               NEW (lbs)          Detonation type              day            year       munitions/year
--------------------------------------------------------------------------------------------------------------------------------------------------------
D...........................  105 mm HE (FU)...............             4.7  Surface....................              30              25             750
                              40 mm HE.....................            0.87  Surface....................              64  ..............           1,600
                              30 mm HE.....................             0.1  Surface....................             500  ..............          12,500
                              25 mm HE.....................           0.067  Surface....................             560  ..............          14,000
E...........................  105 mm HE (TR)...............            0.35  Surface....................              30              45           1,350
                              40 mm HE.....................            0.87  Surface....................              64  ..............           2,880
                              30 mm HE.....................             0.1  Surface....................             500  ..............          22,500
                              25 mm HE.....................           0.067  Surface....................             560  ..............          25,200
                                                            ----------------                             -----------------------------------------------
    Total...................  .............................  ..............  ...........................  ..............              70          80,780
--------------------------------------------------------------------------------------------------------------------------------------------------------
HE = High Explosive; lbs = pounds; mm = millimeter; NEW = net explosive weight; TR = Training Round; FU = Full Up.

413th Flight Test Squadron

    The United States Special Operations Command (SOCOM) has requested 
the 413th Flight Test Squadron (413 FLTS) to demonstrate the 
feasibility and capability of the Precision Strike Package and the 
Stand-Off Precision Guided Munitions (SOPGM) missile system on the AC-
130 aircraft. SOCOM, in conjunction with A3 Operations at Wright-
Patterson AFB, is fielding the new AC-130J for flight characterization, 
as well as testing and evaluation. AFSOC is integrating some of the 
same weapons on the AC-130W. Therefore, the activities described below 
for the 413 FLTS may involve either of these aircraft variants.
    413 FLTS mission day scenarios were developed based on the number 
of mission days planned annually. Up to eleven mission days are planned 
for 413 FLTS operations annually. The total number of munitions were 
averaged over each day and are shown in Table 6. All missions would be 
conducted shoreward of the continental shelf break/200 m isobath as 
shown in Figure 1-7 in the Application).

                          Table 6--413 FLTS Precision Strike Package Gunnery Testing Categorized as Representative Mission Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Total
      Mission category                   Munition               NEW (lbs)          Detonation type         Munitions per   Mission days/    munitions/
                                                                                                                day            year            year
--------------------------------------------------------------------------------------------------------------------------------------------------------
F...........................  30 mm........................             0.1  Surface....................              33               3              99
G...........................  105 mm FU....................             4.7  Surface....................              15               4              60
H...........................  105 mm TR....................            0.35  Surface....................              15               4              60
--------------------------------------------------------------------------------------------------------------------------------------------------------
FU = full up; lbs = pounds; mm = millimeter; NEW = net explosive weight; TR = Training Round.

    Stand off precision guided missiles (SOPGMs) are planned for use in 
testing feasibility of these missiles on AC-130 aircraft. Weapon 
employment missions would be flown using any combination of inert and/
or live weapons for a final end-to-end check of the system. Table 7 
shows the mission-day scenarios and annual number of munitions expended 
annually for SOPGM testing. The 413 FLTS provided the number of 
munitions required over a span of four years. The numbers in the table 
represent the average per year (total number of munitions divided by 
four).

[[Page 5551]]



                                    Table 7--413 FLTS SOPGM Annual Testing Categorized as Representative Mission Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Total
      Mission category                   Munition               NEW (lbs)          Detonation type         Munitions per   Mission days/    munitions/
                                                                                                                day            year            year
--------------------------------------------------------------------------------------------------------------------------------------------------------
I...........................  AGM-176 (Griffin)............            4.58  Surface....................               5               2              10
J...........................  AGM-114 (Hellfire)...........              29  Surface....................               5               2              10
K...........................  GBU-39 (SDB I)...............              36  Surface....................               3               2               6
L...........................  GBU-39 (LSDB)................              36  Surface....................               5               2              10
--------------------------------------------------------------------------------------------------------------------------------------------------------
AGM = Air-To-Ground Missile; GBU = Guided Bomb Unit; lbs = pounds; LSDB = Laser Small Diameter Bomb; SDB = Small Diameter Bomb.

780th Test Squadron

    Testing activities conducted by the 780th Test Squadron (780 TS) 
include Precision Strike Weapon, Longbow missile littoral testing, and 
several other various future actions.
    The U.S. Air Force Life Cycle Management Center and U.S. Navy, in 
cooperation with the 780 TS, conducts Precision Strike Weapon (PSW) 
test missions utilizing resources within the Eglin Military Complex, 
including sites in the EGTTR. The weapons used in testing are the AGM-
158 A and B (Joint Air-to-Surface Standoff Missile (JASSM), and the 
GBU-39/B (SDB I). PSW munitions are shown in Table 8.

                            Table 8--Summary of Annual Precision Strike Weapon Tests
----------------------------------------------------------------------------------------------------------------
                                                                   Total number      Number of     Total number
                    Munitions                     Number of live      of live      inert tests/      of inert
                                                    tests/ year      munitions         year          munitions
----------------------------------------------------------------------------------------------------------------
AGM-158 (JASSM).................................               2               2               4               4
GBU-39 (SDB I) Single Launch....................               2               2               4               4
GBU-39 (SDB I) Simultaneous Launch..............               2               4               4               8
----------------------------------------------------------------------------------------------------------------
JASSM = Joint Air-To-Surface Stand-Off Missile; SDB = Small Diameter Bomb.

    In addition to the above description, future (Phase 2) testing of 
the SDB is planned by the Air Force Operational Test and Evaluation 
Center (AFOTEC) as shown in Table 9.

                   Table 9--Summary of Phase 1 and Phase 2 Precision Strike Weapon Live Tests
----------------------------------------------------------------------------------------------------------------
                                                                                                     Number of
                                                                                  Number of live       inert
                             Weapon                                  NEW (lbs)       munitions       munitions
                                                                                     released        released
----------------------------------------------------------------------------------------------------------------
AGM-158 (JASSM).................................................             240               2               4
GBU-39 (SDB I)..................................................              37               2               4
GBU-39 (SDB I) Double Shot......................................              74               2               4
GBU-53 (SDB II).................................................           22.84               2               1
----------------------------------------------------------------------------------------------------------------

    The 780 TS/OGMT missions have been categorized based on the number 
of weapons released per day, assuming three mission days are planned 
annually. Representative mission days are shown in Table 10.

                            Table 10--780 TS/OGMT Precision Strike Weapon Testing Categorized as Representative Mission Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Total
      Mission category                   Munition               NEW (lbs)          Detonation type         Munitions per   Mission days/    munitions/
                                                                                                                day            year            year
--------------------------------------------------------------------------------------------------------------------------------------------------------
M...........................  AGM-158 (JASSM)..............             240  Surface....................               2               1               2
N...........................  GBU-39 (SDB I)...............              37  Surface....................               2               1               2
                              GBU-39 (SDB I) Double Shot *.              74  Surface....................               2                               2
O...........................  GBU-53 (SDB II)..............           22.84  Surface....................               2               1               2
--------------------------------------------------------------------------------------------------------------------------------------------------------
AGM = Air-To-Ground Missile; GBU = Guided Bomb Unit; JASSM = Joint Air-To-Surface Standoff Missile; lbs = pounds; SDB = Small Diameter Bomb.
* NEW is doubled for each simultaneous launch.

    The 780 TS plans to conduct other various testing activities that 
involve targets on the water surface in the EGTTR. Many of the missions 
would target small boats or barges. Weapons would primarily be 
delivered by aircraft, although a rail gun would be used for one test. 
Live warheads would be used for some missions, while others would 
involve inert warheads with a live fuse (typically contains a very 
small NEW). Total future munitions for 780 TS are listed in Table 11.

[[Page 5552]]



                             Table 11--780 TS Annual Munitions, Other Future Actions
----------------------------------------------------------------------------------------------------------------
                                                  Number of        Planned
           Munition               NEW (lbs)       releases         location       Target type    Detonation type
----------------------------------------------------------------------------------------------------------------
Joint Air-Ground Missile.....           27.41               2  W-151 (subareas  HSMST or Boston  1--Point
                                                                A, S5, and S6).  Whaler type      Detonation 1--
                                                                                 boat.            Airburst.
Navy Rail Gun................           Inert              19  W-151..........  Barge..........  Penetrating
                                            1               5  W-151..........  Barge..........   Rod.
                                                                                                 Airburst.
JDAM--Extended Range.........           Inert               3  W-151..........  Water surface    Inert.
                                                                                 (2) Barge (1).
Navy HAAWC...................           Inert               2  W-151..........  Water surface..  Inert.
Laser SDB (live fuse only)...             0.4               4  W-151A.........  Small boats....  Airburst or
                                                                                                  Surface.
SDB II Guided Test Vehicle                0.4               4  W-151A.........  Small boats....  Surface.
 (live fuse only).
----------------------------------------------------------------------------------------------------------------
HAAWC = High Altitude Anti-Submarine Warfare Weapon Capability; HSMT = High Speed Maneuverable Surface Target;
  JDAM = Joint Direct Attack Munition; NEW = net explosive weight; SDB = Small Diameter Bomb.

    The 780 TS/OGMT future missions primarily consist of one-day test 
events for each type of munition. Inert munitions and munitions being 
detonated as airbursts were not included in the development of these 
scenarios because no in-water acoustic impacts are anticipated. 
Therefore representative mission days were developed for live munitions 
resulting in surface detonations, as shown in Table 12.

                                    Table 12--780 TS Other Future Actions Categorized as Representative Mission Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Total
      Mission category                   Munition               NEW (lbs)          Detonation type         Munitions per   Mission days/    munitions/
                                                                                                                day            year            year
--------------------------------------------------------------------------------------------------------------------------------------------------------
P...........................  Joint Air-Ground Missile.....           27.41  Surface....................               1               1               1
Q...........................  Laser SDB (fuse only) and SDB             0.4  Surface....................               2               4               8
                               II Guided Test Vehicle (fuse
                               only).
--------------------------------------------------------------------------------------------------------------------------------------------------------
HAAWC = High Altitude Anti-Submarine Warfare Weapon Capability; HSMT = High Speed Maneuverable Surface Target; JDAM = Joint Direct Attack Munition; N/A
  = not applicable; NEW = net explosive weight; SDB = Small Diameter Bomb.

96 Operations Group

    The 96 Operations Group (OG), which conducts the 96 TW's primary 
missions of developmental testing and evaluation of conventional 
munitions, and command and control systems, anticipates support of air-
to-surface missions for several user groups on an infrequent basis. As 
the organization that oversees all users of Eglin ranges, they have the 
authority to approve new missions that could be conducted in the EGTTR. 
Specific details on mission descriptions under this category have not 
been determined, as this is meant to capture future unknown activities. 
Sub-surface detonations would be at 5 to 10 ft below the surface. 
Projected annual munitions expenditures and detonation scenarios are 
listed in Table 13.

                          Table 13--Annual Munitions for 96th Operations Group Support
----------------------------------------------------------------------------------------------------------------
                                                                                                   Number annual
                  Munition                       NEW (lbs)            Detonation scenario            releases
----------------------------------------------------------------------------------------------------------------
GBU-10 or GBU-24............................             945  Subsurface........................               1
AGM-158 (JASSM).............................             240  Surface...........................               1
GBU-12 or GBU-54............................             192  Subsurface........................               1
AGM-65 (Maverick)...........................              86  Surface...........................               2
GBU-39 (SDB I or LSDB)......................              37  Subsurface........................               4
AGM-114 (Hellfire)..........................              20  Subsurface........................              20
105 mm full-up..............................             4.7  Surface...........................             125
40 mm.......................................             0.9  Surface...........................             600
Live fuse...................................             0.4  Surface...........................             200
30 mm.......................................             0.1  Surface...........................           5,000
----------------------------------------------------------------------------------------------------------------
AGM = air-to-ground missile; GBU = Guided Bomb Unit; lbs = pounds; LSDB = Laser Small Diameter Bomb; SDB = Small
  Diameter Bomb.

    The 96 OG future missions have been categorized based on the number 
of weapons released per day, instead of treating each weapon release as 
a separate event. This approach is meant to satisfy NMFS requests for 
analysis and modeling of accumulated energy from multiple detonations 
over a 24-hour timeframe. Eglin AFB used all available information to 
determine these daily estimates, including historic release reports; 
however, these scenarios may not represent exact weapon releases 
because military needs and requirements are in a constant state of 
flux. The mission day scenarios for 96 OG annually are shown in Table 
14.
    Categories of missions for 96 OG were grouped (similar to Maritime 
WSEP) first using historical weapon releases per day. Next, the most 
recent weapons evaluation needs and requirements were considered to 
develop three different

[[Page 5553]]

scenarios: Categories R, S, and T. Mission-day Category R represents 
munitions with larger NEW (192 to 945 pounds) and both surface and 
subsurface detonations. This category includes future requirements and 
provides flexibility for the military mission.

                                       Table 14--96 OG Future Missions Categorized as Representative Mission Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Total
           Mission category                    Munition             NEW (lbs)        Detonation type       Munitions per   Mission days/    munitions/
                                                                                                                day            year            year
--------------------------------------------------------------------------------------------------------------------------------------------------------
R....................................  GBU-10/-24..............             945  Subsurface (10-ft                     1               1               1
                                                                                  depth).
                                       AGM-158 (JASSM).........             240  Surface................               1  ..............               1
                                       GBU-12 or GBU-54........             192  Subsurface (10-ft                     1  ..............               1
                                                                                  depth).
S....................................  AGM-65 (Maverick).......              86  Surface................               1               2               2
                                       GBU-39 (SDB I or LSDB)..              37  Subsurface.............               2  ..............               4
                                       AGM-114 (Hellfire)......              20  Subsurface (10-ft                    10  ..............              20
                                                                                  depth).
T....................................  105 mm full-up..........             4.7  Surface................              13              10             130
                                       40 mm...................             0.9  Surface................              60  ..............             600
                                       Live fuse...............             0.4  Surface................              20  ..............             200
                                       30 mm...................             0.1  Surface................             500  ..............           5,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
AGM = air-to-ground missile; GBU = Guided Bomb Unit; HEI = high explosive incendiary; JDAM = Joint Direct Attack Munition; LJDAM = Laser Joint Direct
  Attack Munition; LSDB = Laser Small Diameter Bomb; lbs = pounds; PGU = Projectile Gun Unit; mm = millimeter; SDB = Small Diameter Bomb.

    Planned mitigation, monitoring, and reporting measures are 
described in detail later in this document (please see Mitigation and 
Monitoring and Reporting).

Comments and Responses

    A notice of receipt of Eglin AFB's application published in the 
Federal Register on August 24, 2017 (82 FR 40141). NMFS published a 
proposed rule in the Federal Register on December 27, 2017 (82 FR 
61372). During the 30-day public comment period on the proposed rule, 
NMFS received comments from the Marine Mammal Commission (Commission) 
and seven members of the general public.
    Comment 1: The Commission noted that in some instances, the mission 
area would be determined to be clear of marine mammals at least 30 
minutes, and likely longer, before the munitions are detonated. The 
monitoring vessels and aircraft would move to the periphery of the 
human safety zone, which the application indicated would be 
approximately 24 km from the detonation location. In other instances, 
the mission aircraft would be conducting monitoring during the 
approximately 15 minutes it takes to fly two orbits around the mission 
area at an altitude of up to 6,000 ft Given those large areas and high 
aircraft altitudes, the Commission does not believe that the USAF would 
be able to monitor effectively for marine mammals entering the 
mortality and injury zones particularly after the mission area has been 
cleared and during the timeframe prior to detonation.
    NMFS Response: The USAF has successfully employed similar protocols 
in EGTTR exercises as required under previously issued incidental take 
authorizations. Past monitoring reports, described in more detail in 
the Effects of Specified Activities on Marine Mammals and their Habitat 
section, have not recorded any instances of take over the last five 
years in past. While the distances from the detonation area are large, 
these distances are essential to provide protection and safety of 
humans, both military and civilian, that may be in or near the mission 
area. The USAF agrees that observing animals from aircraft can be 
challenging but believes that these pre-mission flights offer an 
ability to detect marine mammals. Aerial surveys conducted at higher 
altitudes (up to 6,000 ft) would use optical sensors and 
instrumentation on the aircraft, which is much more effective than the 
naked eye. The LOA application summarizes the capabilities for these 
sensors and provides a figure example of what can be seen with the 
instrumentation.
    Comment 2: The Commission has been recommending that the USAF's 
mitigation measures be supplemented with passive acoustic monitoring 
(PAM) since 2010 and that fulfilling the monitoring requirements under 
section 101(a)(5) of the MMPA, in this case the PAM study, should be 
made a priority in addition to developing real-time mitigation 
capability via PAM. For these reasons, the Commission recommends that 
NMFS compel the USAF to prioritize (1) completing both aspects of its 
PAM study and (2) further investigating ways to supplement its 
mitigation measures with the use of real-time PAM devices.
    NMFS Response: NMFS has engaged in multiple discussions with the 
USAF about the implementation of PAM. However, human safety concerns 
and the inability to make mission go/no-go decisions in a timely manner 
are the most immediate obstacles for the USAF implementing PAM as part 
of the suite of mitigation measures during live weapon missions in the 
EGTTR. For safety purposes during live air-to-surface missions in the 
EGTTR, a large area of the Gulf of Mexico is closed off to human 
activity. The human safety zone corresponds to the weapon safety 
footprint. The size of the closure area varies depending on the weapons 
being dropped, the type of aircraft being used, and the specific 
release parameters (direction, altitude, airspeed, etc.) requested by 
the mission group, but it always encompasses the area occupied by the 
instrumentation barge (GRATV). Typically, this footprint where 
personnel are restricted ranges between a 9-nautical mile (nmi) radius 
up to a 12-nmi radius around the GRATV. As part of PAM, biologists 
generally deploy an array of hydrophones, listen for vocalizations from 
a nearby boat, and use software to triangulate an animal's general 
location. The ability to execute this requires multiple hydrophones 
lined up in a carefully determined array or fence configuration with a 
trained biologist in close proximity to the hydrophones. Alternatively, 
the biologist could be stationed in a remote location but would require 
a direct line-of-sight for radio links to transmit the data from the 
hydrophones. The maximum distance that a remote link could be 
established is estimated to be about 5 nmi. This would fall inside the 
human safety zone. Therefore, real-time monitoring for marine mammal 
vocalizations during a mission is not

[[Page 5554]]

considered feasible for human safety concerns.
    Even if vocalization data were able to be collected in real time in 
order to determine presence/absence of marine mammals, a decision to 
delay or stop a mission without knowing where the animals are in 
relation to the hydrophones and weapon impact location further 
contributes to the operational constraints for implementing PAM as 
mitigation. A vocalizing marine mammal could be detected by the 
hydrophone while outside any zones of impact. Furthermore, the time it 
would take to collect and transmit vocalization data to remote 
computers, run the software to localize vocalizations and estimate the 
location of the animals has not been tested or verified. With high-
priority military missions, the USAF cannot jeopardize Department of 
Defense objectives on unproven methods and unknown procedures. 
Therefore, a simplified presence/absence of vocalizations as mitigation 
strategy would not be considered appropriate for these mission 
activities. Based on other consultations associated with the 86 FWS for 
activities in Hawaii, where Navy range assets and expertise are far 
more developed than in the EGTTR, using PAM for real-time mitigation 
was determined to not be feasible because of the high level of 
uncertainty with localizing marine mammals using multiple hydrophones, 
and making mission-critical decisions to delay or cease activities.
    The USAF is supportive of PAM and will conduct a NMFS-approved PAM 
study as an initial step towards understanding acoustic impacts from 
underwater detonations. However, given the level of success with 
current mitigation procedures and the high level of unknowns associated 
with implementing PAM as part of mitigation procedures for EGTTR 
activities, the USAF does not believe that using PAM as a real-time 
mitigation measure is practicable at this time.
    Comment 3: The Commission expressed concern about the lack of 
adequate time to provide public comments as well as the abbreviated 
timeframes during which NMFS is able to address public comments. The 
Commission recommended that NMFS ensure that it publishes and finalizes 
proposed incidental harassment authorizations sufficiently before the 
planned start date of the proposed activities to ensure full 
consideration is given to all comments received.
    Response: NMFS gave the standard 30-day notice for public comment. 
NMFS also acknowledges the importance of providing MMPA incidental take 
authorization in a timely (and sometimes expedited) manner for planned 
activities when the necessary findings are made.
    Comment 4: Three citizens asserted that marine life in the Gulf of 
Mexico should not be disturbed or killed and that training activities 
can be done without injuring animals.
    Response: NMFS appreciates the commenters' concern for the marine 
environment. However, the commenters' assertion that the Navy's 
activities in the EGTTR will result in the killing or deaths of marine 
mammals is incorrect. As discussed throughout this rule and in the 
Eglin Gulf Test and Training Range Environmental Assessment. The 
majority of predicted takes are by Level B harassment (behavioral 
reactions and TTS), and there are no mortality takes predicted or 
authorized for any training activities in the study area. Modeling 
results estimate that there could be up to 11 Level A takes (2 from 
slight lung injury and 9 from permanent threshold shift (PTS)). These 
exposure estimates, however, do not take into account the mitigation 
and monitoring measures which are expected to decrease the potential 
for impacts.
    After careful analysis, NMFS has determined that serious injury is 
unlikely to result from this activity.
    Comment 5: Several citizens wrote that there is a need for greater 
transparency in the Endangered Species Act (ESA) listings and 
determination actions.
    Response: The purpose of this final rule and associated LOA is not 
to make species listings determinations but rather to authorize the 
incidental take of small numbers of marine mammals within a specific 
geographic region. Furthermore, take of ESA-listed species is not 
authorized or expected as a result of testing and training activities 
in the EGTTR.

Description of Marine Mammals in the Area of Specified Activities

    There are 21 marine mammal species with potential or confirmed 
occurrence in the planned activity area. Not all of these species occur 
in this region during the project timeframe, or the likelihood of 
occurrence is very low. The ``Description of Marine Mammals in the Area 
of the Specified Activities'' section included in the proposed rule (82 
FR 61372; December 12, 2018) and sections 3 and 4 of the USAF's 
application summarize available information regarding status and 
trends, distribution and habitat preferences, and behavior and life 
history, of the potentially affected species. These descriptions have 
not changed and are incorporated here by reference. Additional 
information regarding population trends and threats may be found in 
NMFS' Stock Assessment Reports (SAR; www.nmfs.noaa.gov/pr/sars/) and 
more general information about these species (e.g., physical and 
behavioral descriptions) may be found on NMFS's website 
(www.nmfs.noaa.gov/pr/species/mammals/). Additional information may be 
found in the USAF 96 CEG/CEIEA EA. Of the 21 species that occur in the 
northern Gulf of Mexico, two species occur in densities great enough to 
warrant inclusion in this rule (Table 15). The final list of species is 
based on summer density estimates, a conservative range-to-effects, and 
duration of the activity.

                                                         Table 15--Species Authorized for Take *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Stock abundance (CV,
            Common name                  Scientific name              Stock             ESA/MMPA status;       Nmin, most recent       PBR     Annual M/
                                                                                      Strategic (Y/N) \1\    abundance survey) \2\               SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Family Delphinidae
--------------------------------------------------------------------------------------------------------------------------------------------------------
Common Bottlenose dolphin..........  Tursiops truncatus....  Choctawatchee Bay.....  -/-:Y                  179 (0.04,173, 2007)..        1.7        3.4
                                                                                                                                                  (0.99)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Pensacola/East Bay....  -/-:Y                  33 (0.80, UNK, 1993)..        UND        UND
                                                             St. Andrew Bay........  -/-:Y                  124 (0.21, UNK, 1993).        UND        UND

[[Page 5555]]

 
                                                             Gulf of Mexico          -/-:N                  7,185 ( 0.21, 6,044,           60  21 (0.66)
                                                              Northern Coastal.                              2012).
                                                             Northern Gulf of        -/-:N                  51,192 (0.10, 46,926,         469  56 (0.42)
                                                              Mexico Continental                             2012).
                                                              Shelf.
                                                             Northern Gulf of        -/-;N                  5,806 (0.39, 4,230,            42        6.5
                                                              Mexico Oceanic.                                2009).                               (0.65)
Atlantic spotted dolphin...........  Stenella frontalis....  Northern Gulf of        -/-:N                  37,611 (0.28, UNK,            UND  42 (0.45)
                                                              Mexico.                                        2004).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Hayes et al. 2017.
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance. In some cases, CV is not applicable [explain if this is the case].
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
  associated with estimated mortality due to commercial fisheries is presented in some cases.

Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals 
underwater and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Current data indicate that not all marine 
mammal species have equal hearing capabilities (e.g., Richardson et 
al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect 
this, Southall et al. (2007) recommended that marine mammals be divided 
into functional hearing groups based on directly measured or estimated 
hearing ranges on the basis of available behavioral response data, 
audiograms derived using auditory evoked potential techniques, 
anatomical modeling, and other data. Note that no direct measurements 
of hearing ability have been successfully completed for mysticetes 
(i.e., low-frequency cetaceans). Subsequently, NMFS (2016) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65 dB 
threshold from the normalized composite audiograms, with the exception 
for lower limits for low-frequency cetaceans where the lower bound was 
deemed to be biologically implausible and the lower bound from Southall 
et al. (2007) retained. The hearing groups and the associated 
frequencies are indicated below (note that these frequency ranges 
correspond to the range for the composite group, with the entire range 
not necessarily reflecting the capabilities of every species within 
that group):
     Low-frequency cetaceans (mysticetes): Generalized hearing 
is estimated to occur between approximately 7 Hz and 35 kHz, with best 
hearing estimated to be from 100 Hz to 8 kHz;
     Mid-frequency cetaceans (larger toothed whales, beaked 
whales, and most delphinids): Generalized hearing is estimated to occur 
between approximately 150 Hz and 160 kHz, with best hearing from 10 to 
less than 100 kHz;
     High-frequency cetaceans (porpoises, river dolphins, and 
members of the genera Kogia and Cephalorhynchus; including two members 
of the genus Lagenorhynchus, on the basis of recent echolocation data 
and genetic data): generalized hearing is estimated to occur between 
approximately 275 Hz and 160 kHz.
     Pinnipeds in water; Phocidae (true seals): Generalized 
hearing is estimated to occur between approximately 50 Hz to 86 kHz, 
with best hearing between 1-50 kHz;
     Pinnipeds in water; Otariidae (eared seals): Generalized 
hearing is estimated to occur between 60 Hz and 39 kHz, with best 
hearing between 2-48 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 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 
2013).
    Two marine mammal species (common bottlenose and Atlantic spotted 
dolphins) have the reasonable potential to co-occur with the planned 
survey activities. Both species are classified as mid-frequency 
cetaceans.

Effects of Specified Activities on Marine Mammals and Their Habitat

    In the Potential Effects of Specified Activities on Marine Mammals 
section of the proposed rule (82 FR 61372; December 12, 2017), we 
included a qualitative discussion of the different ways that activities 
in the EGTTR may potentially affect marine mammals without 
consideration of mitigation and monitoring measures.

Previous Monitoring Results

    NMFS has previously issued IHAs and an LOA to cover mission 
activities in the EGTTR. For these missions, Eglin AFB conducted 
required monitoring activities and submitted monitoring reports. 
Between August 2013 and March 2014 nine maritime strike operations 
testing missions were conducted in the EGTTR and no takes were 
recorded. In calendar year 2014, ten air-to-surface (A-S) gunnery 
missions were conducted with no recorded takes. During 2015, eight A-S 
gunnery missions, and eight WSEP missions were conducted (only 4 of 
these missions used live munitions). No takes of protected species were 
recorded. For calendar year 2016, two air-to-surface (A-S) gunnery 
missions, eight WSEP missions, and two PSW missions were conducted with 
no takes recorded by observers. A report on 2017 EGTTR monitoring 
activities is currently under development.
    While no mortality, injury or take of marine mammals was recorded 
during these exercises, animals were occasionally observed during pre-

[[Page 5556]]

mission surveys on multiple mission days. However, proper measures were 
taken (delay of missions while waiting on marine mammals to clear the 
area) to ensure no marine mammals were in the area during the mission. 
Monitoring reports containing more detailed information may be found 
at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities.

Estimated Take

    This section provides the number of incidental takes, by stock, 
authorized through this final rule, which informs both NMFS' 
consideration of the negligible impact determination.
    For this military readiness activity, the MMPA defines 
``harassment'' as: (i) Any act that injures or has the significant 
potential to injure a marine mammal or marine mammal stock in the wild 
(Level A Harassment); or (ii) Any act that disturbs or is likely to 
disturb a marine mammal or marine mammal stock in the wild by causing 
disruption of natural behavioral patterns, including, but not limited 
to, migration, surfacing, nursing, breeding, feeding, or sheltering, to 
a point where such behavioral patterns are abandoned or significantly 
altered (Level B Harassment).
    Authorized takes would primarily be by Level B harassment, as use 
of explosive sources has the potential to result in disruption of 
behavioral patterns and TTS for individual marine mammals. There is 
also some potential for auditory injury and tissue damage (Level A 
harassment) to result. The planned mitigation and monitoring measures 
are expected to minimize the severity of such taking to the extent 
practicable. As described previously, no mortality is anticipated or 
authorized for this activity. Below we describe how the take is 
estimated.
    Described in the most basic way, we estimate take by considering: 
(1) Acoustic thresholds above which NMFS believes the best available 
science indicates marine mammals will be behaviorally harassed or incur 
some degree of permanent hearing impairment; (2) the area or volume of 
water that will be ensonified above these levels in a day; (3) the 
density or occurrence of marine mammals within these ensonified areas; 
and, (4) and the number of days of activities. Below, we describe these 
components in more detail and present the authorized take estimate.
    Based on the best available science, NMFS used the acoustic and 
pressure thresholds indicated in Table 16 to predict the onset of 
behavioral harassment, PTS, tissue damage, and mortality.

Acoustic Thresholds

    Using the best available science, NMFS has developed acoustic 
thresholds that identify the received level of underwater sound above 
which exposed marine mammals would be reasonably expected to be 
behaviorally harassed (equated to Level B harassment) or to incur PTS 
of some degree (equated to Level A harassment). Thresholds have also 
been developed to identify the pressure levels above which animals may 
incur different types of tissue damage from exposure to pressure waves 
from explosive detonation.
    The criteria and thresholds used to estimate potential pressure and 
energy impacts to marine mammals resulting from detonations were 
obtained from Finneran and Jenkins (2012). Criteria used to analyze 
impacts to marine mammals include mortality, harassment that causes or 
is likely to cause injury (Level A) and harassment that disrupts or is 
likely to disrupt natural behavior patterns (Level B). Each category is 
discussed below with additional details provided in Appendix A of the 
application.

Mortality

    Mortality risk assessment may be considered in terms of direct 
injury, which includes primary blast injury and barotrauma. The 
potential for direct injury of marine mammals has been inferred from 
terrestrial mammal experiments and from post-mortem examination of 
marine mammals believed to have been exposed to underwater explosions 
(Finneran and Jenkins, 2012; Ketten et al., 1993; Richmond et al., 
1973). Actual effects on marine mammals may differ from terrestrial 
animals due to anatomical and physiological differences, such as a 
reinforced trachea and flexible thoracic cavity, which may decrease the 
risk of injury (Ridgway and Dailey, 1972).
    Primary blast injuries result from the initial compression of a 
body exposed to a blast wave, and is usually limited to gas-containing 
structures (e.g., lung and gut) and the auditory system (U.S. 
Department of the Navy, 2001b). Barotrauma refers to injuries caused 
when large pressure changes occur across tissue interfaces, normally at 
the boundaries of air-filled tissues such as the lungs. Primary blast 
injury to the respiratory system may be fatal depending upon the 
severity of the trauma. Rupture of the lung may introduce air into the 
vascular system, producing air emboli that can restrict oxygen delivery 
to the brain or heart.
    Whereas a single mortality threshold was previously used in 
acoustic impacts analysis, species-specific thresholds are currently 
required. Thresholds are based on the level of impact that would cause 
extensive lung injury to one percent of exposed animals (i.e., an 
impact level from which one percent of exposed animals would not 
recover). (Finneran and Jenkins, 2012). The threshold represents the 
expected onset of mortality, where 99 percent of exposed animals would 
be expected to survive. Most survivors would have moderate blast 
injuries. The lethal exposure level of blast noise, associated with the 
positive impulse pressure of the blast, is expressed as Pa[middot]s and 
is determined using the Goertner (1982) modified positive impulse 
equation. This equation incorporates source/animal depths and the mass 
of a newborn calf for the affected species. The threshold is 
conservative because animals of greater mass can withstand greater 
pressure waves, and newborn calves typically make up a very small 
percentage of any cetacean group.
    For the actions described in this LOA, two species are expected to 
occur within the EGTTR Study Area: The bottlenose dolphin and the 
Atlantic spotted dolphin. Finneran and Jenkins (2012) provide known or 
surrogate masses for newborn calves of several cetacean species. For 
the bottlenose dolphin, this value is 14 kilograms (kg) (31 pounds). 
Values are not provided for the Atlantic spotted dolphin and, 
therefore, a surrogate species, the striped dolphin (Stenella 
coeruleoalba), is used. The mass provided for a newborn striped dolphin 
calf is 7 kg (15 pounds). Impacts analysis for the unidentified dolphin 
group (assumed to consist of bottlenose and Atlantic striped dolphins) 
conservatively used the mass of the smaller spotted dolphin. The 
Goertner equation, as presented in Finneran and Jenkins (2012) is used 
in the acoustic model to develop impacts analysis in this LOA request. 
The equation is provided in Table 16.

Injury (Level A Harassment)

    Potential injuries that may occur to marine mammals include blast 
related injury: Gastrointestinal (GI) tract injury and slight lung 
injury, and irrecoverable auditory damage. These injury categories are 
all types of Level A harassment as defined in the MMPA.
    Slight Lung Injury--This threshold is based on a level of lung 
injury from which all exposed animals are expected to survive (zero 
percent mortality) (Finneran and Jenkins, 2012). Similar to

[[Page 5557]]

the mortality determination, the metric is positive impulse and the 
equation for determination is that of the Goertner injury model (1982), 
corrected for atmospheric and hydrostatic pressures and based on the 
cube root scaling of body mass (Richmond et al., 1973; U.S. Department 
of the Navy, 2001b). The equation is provided in Table 16.
    Gastrointestinal Tract Injuries--GI tract injuries are correlated 
with the peak pressure of an underwater detonation. GI tract injury 
thresholds are based on the results of experiments in the 1970s in 
which terrestrial mammals were exposed to small charges. The peak 
pressure of the shock wave was found to be the causal agent in 
recoverable contusions (bruises) in the GI tract (Richmond et al., 
1973, in Finneran and Jenkins, 2012). The experiments found that a peak 
SPL of 237 dB re 1 [mu]Pa predicts the onset of GI tract injuries, 
regardless of an animal's mass or size. Therefore, the unweighted peak 
SPL of 237 dB re 1 [mu]Pa is used in explosive impacts assessments as 
the threshold for slight GI tract injury for all marine mammals.
    Auditory Damage (PTS)--Another type of injury, permanent threshold 
shift or PTS, is auditory damage that does not fully recover and 
results in a permanent decrease in hearing sensitivity. As there have 
been no studies to determine the onset of PTS in marine mammals, this 
threshold is estimated from available information associated with TTS. 
According to research by the Navy (Navy, 2017) PTS thresholds are 
defined differently for three groups of cetaceans based on their 
hearing sensitivity: Low frequency, mid-frequency, and high frequency. 
Bottlenose and Atlantic spotted dolphins that are the subject of the 
EGTTR acoustic impacts analysis both fall within the mid-frequency 
hearing category. The PTS thresholds use dual criteria, one based on 
cumulative SEL and one based on peak SPL of an underwater blast. For a 
given analysis, the more conservative of the two is applied to afford 
the most protection to marine mammals. The mid-frequency cetacean 
criteria for PTS are provided in Table 16.

Non-Injurious Impacts (Level B Harassment)

    Two categories of Level B harassment are currently recognized: 
temporary threshold shift (TTS) and behavioral impacts. Although TTS is 
a physiological impact, it is not considered injury because auditory 
structures are temporarily fatigued instead of being permanently 
damaged.
    TTS--Non-injurious effects on marine mammals, such as TTS, are 
generally extrapolated from data on terrestrial mammals (Southall et 
al., 2007). Similar to PTS, dual criteria are provided for TTS 
thresholds, and the more conservative is typically applied in impacts 
analysis. TTS criteria are based on data from impulse sound exposures 
when available. According to the most recent data (Navy, 2017) the TTS 
onset thresholds for mid-frequency cetaceans are based on TTS data from 
a beluga whale exposed to an underwater impulse produced from a seismic 
watergun. The TTS thresholds consist of the SEL of an underwater blast 
weighted to the hearing sensitivity of mid-frequency cetaceans and an 
unweighted peak SPL measure. The dual thresholds for TTS in mid-
frequency cetaceans are provided in Table 16.

Behavioral Impacts

    Behavioral impacts refer to disturbances that may occur at sound 
levels below those considered to cause TTS in marine mammals, 
particularly in cases of multiple detonations. During an activity with 
a series of explosions (not concurrent multiple explosions shown in a 
burst), an animal is expected to exhibit a startle reaction to the 
first detonation followed by a behavioral response after multiple 
detonations. At close ranges and high sound levels, avoidance of the 
area around the explosions is the assumed behavioral response in most 
cases. Other behavioral impacts may include decreased ability to feed, 
communicate, migrate, or reproduce, among others. Such effects, known 
as sub-TTS Level B harassment, are based on observations of behavioral 
reactions in captive dolphins and beluga whales exposed to pure tones, 
a different type of noise than that produced from an underwater 
detonation (Finneran and Schlundt, 2004; Schlundt et al., 2000). For 
multiple, successive detonations (i.e., detonations happening at the 
same location within a 24-hour period), the threshold for behavioral 
disturbance is set 5 dB below the SEL-based TTS threshold, unless there 
are species- or group-specific data indicating that a lower threshold 
should be used. This is based on observations of behavioral reactions 
in captive dolphins and belugas occurring at exposure levels 
approximately 5 dB below those causing TTS after exposure to pure tones 
(Finneran and Jenkins, 2012; Finneran and Schlundt, 2004; Schlundt et 
al., 2000).
    Table 16 outlines the explosive thresholds, based on the best 
available science, used by NMFS to predict the onset of disruption of 
natural behavior patterns, PTS, tissue damage, and mortality.
[GRAPHIC] [TIFF OMITTED] TR08FE18.004

Marine Mammal Occurrence

    Bottlenose and Atlantic spotted dolphin density estimates used in 
this document were obtained from Duke University Marine Geospatial 
Ecology Lab Reports (Roberts et al., 2016) which integrated 23 years of 
aerial and shipboard surveys, linked them to environmental covariates 
obtained from remote sensing and ocean models, and built habitat-based 
density models using distance sampling methodology. For bottlenose 
dolphins, geographic modeling strata from MMPA stock boundaries and 
seasonal strata were not defined because of the lack of information 
about seasonality in the Gulf of Mexico, as well as substantial

[[Page 5558]]

spatial and seasonal biases in survey efforts (Roberts et al., 2015a). 
Therefore, bottlenose dolphin numbers were modeled in the Gulf of 
Mexico using a single year-round model. Similarly for Atlantic spotted 
dolphins, there is no evidence that this species migrates or exhibits 
seasonal patterns in the Gulf of Mexico, so a single, year-round model 
that incorporated all available survey data was used (Roberts et al., 
2015b). The model results are available at the OBIS-SEAMAP repository 
found online (http://seamap.env.duke.edu/).
    Two marine mammal density estimates were calculated for this LOA. 
One density estimate is considered a large-scale estimate and is used 
for missions that could occur anywhere in W-151A, shoreward of the 200-
m isobath. The mission sets that utilize the entire W-151A area include 
AFSOC's Air-to-Surface Gunnery Training Operations and 413 FLTS's AC-
130J Precision Strike Package Gunnery Testing (Scenarios D, E, F, G, 
and H). The other density estimate is considered a fine-scale estimate 
and is used for missions that are planned specifically around the GRATV 
target area. The mission sets that utilize the nearshore GRATV target 
location are 86th FWS Maritime WSEP, 413 FLTS AC-130J and AC-130W 
Stand-Off Precision Guided Munitions Testing, 780th TS Precision Strike 
Weapons, 780 TS/OGMT future missions, and 96th OG future missions 
(Scenarios A, B, C, and I through T). Using two different density 
estimates based on the mission locations accounts for the differences 
between inshore and offshore distribution of bottlenose and Atlantic 
spotted dolphins, and provides more realistic take calculations.
    Raster data provided online from the Duke University Marine 
Geospatial Ecology Lab Report was imported into ArcGIS and overlaid 
onto the W-151A area. Density values for each species were provided in 
10 x 10 km boxes. The large-scale estimates for W-151A were obtained by 
averaging the density values of these 100 km\2\ boxes within the W-151A 
boundaries and converted to number of animals per km\2\. Fine-scale 
estimates were calculated by selecting nine 100 km\2\ boxes centered 
around the GRATV target location and averaging the density values from 
those boxes. Large-scale and fine-scale density estimates are provided 
in Table 17.

Table 17--Marine Mammal Density Estimates for EGTTR Testing and Training
                               Activities
------------------------------------------------------------------------
                                            Large-scale     Fine-scale
                                              density         density
                 Species                    estimate a      estimate b
                                           (animals per    (animals per
                                              km\2\)          km\2\)
------------------------------------------------------------------------
Bottlenose dolphin \c\..................           0.276           0.433
Atlantic spotted dolphin \d\............           0.160           0.148
------------------------------------------------------------------------
a Large-scale estimates incorporate the entire W-151A area.
b Fine-scale estimates incorporate the nine 10 km\2\ boxes centered
  around the GRATV location.
c Densities derived from Roberts et al. 2015a.
d Densities derived from Roberts et al. 2015b.

    Density estimates usually assume that animals are uniformly 
distributed within the prescribed area, even though this is likely 
rarely true. Marine mammals are often clumped in areas of greater 
importance, for example, in areas of high productivity, lower 
predation, safe calving, etc. Furthermore, assuming that marine mammals 
are distributed evenly within the water column does not accurately 
reflect behavior. Databases of behavioral and physiological parameters 
obtained through tagging and other technologies have demonstrated that 
marine animals use the water column in various ways. Some species 
conduct regular deep dives while others engage in much shallower dives, 
regardless of bottom depth. Assuming that all species are evenly 
distributed from surface to bottom can present a distorted view of 
marine mammal distribution in any region. Density is assumed to be two-
dimensional, and exposure estimates are, therefore, simply calculated 
as the product of affected area, animal density, and number of events. 
The resulting exposure estimates are considered conservative, because 
all animals are presumed to be located at the same depth, where the 
maximum sound and pressure ranges would extend from detonations, and 
would, therefore, be exposed to the maximum amount of energy or 
pressure. In reality, it is highly likely that some portion of marine 
mammals present near the impact area at the time of detonation would be 
at various depths in the water column and not necessarily occur at the 
same depth corresponding to the maximum sound and pressure ranges.
    A mission-day based analysis was utilized in order to model 
accumulated energy over a 24-hour timeframe where each mission-day 
scenario would be considered a separate event. As described previously, 
Eglin AFB developed multiple mission-day categories separated by 
mission groups and estimated the number of days each category would be 
executed annually. In total, there are 20 different mission-day 
scenarios included in the acoustic analysis Labeled A-T. Table 18 below 
summarizes the number of days each mission-day scenario, or event, 
would be conducted annually in the EGTTR.

  Table 18--Annual Number of Days Planned for Each Mission Category Day
------------------------------------------------------------------------
                                                            Number of
            Mission groups                  Mission       mission days/
                                          category day         year
------------------------------------------------------------------------
86 FWS Maritime WSEP..................               A                2
                                                     B                4
                                                      C               2
AFSOC Air-to-Surface Gunnery..........               D               25
                                                     E               45
413 FLTS PSP Gunnery..................               F                3
                                                     G                4

[[Page 5559]]

 
                                                     H                4
413 FLTS SOPGM........................               I                2
                                                     J                2
                                                     K                2
                                                     L                2
780 TS Precision Strike Weapon........               M                1
                                                     N                1
                                                     O                1
780 TS Other Tests....................               P                1
                                                     Q                4
96 OG Future Missions.................               R                1
                                                     S                2
                                                     T               10
------------------------------------------------------------------------

Take Calculation and Estimation

    Eglin AFB completed acoustic modeling to determine the distances 
from their explosive ordnance corresponding to NMFS' explosive 
thresholds. These distances were then used with each species' density 
to determine exposure estimates. Below is a summary of the methodology 
for those modeling efforts. Appendix A in the application provides 
additional details.
    The maximum estimated range, or radius, from the detonation point 
to the point at which the various thresholds extend for all munitions 
planned to be released in a 24-hour time period was calculated based on 
explosive acoustic characteristics, sound propagation, and sound 
transmission loss in the EGTTR. Results are shown in Table 19. These 
calculations incorporated water depth, sediment type, wind speed, 
bathymetry, and temperature/salinity profiles. Transmission loss was 
calculated from the explosive source depth down to an array of water 
depth bins (0 to 160 m). Impact volumes were computed for each 
explosive source (based on the total number of munitions released on a 
representative mission day). The impact volume is a cylinder extending 
from surface to seafloor, centered at the sound source with a radius 
set equal to the maximum range, Rmx, across all depths and azimuths at 
which the particular metric is still above the threshold. The total 
energy for all weapons released as part of a representative mission day 
was calculated to assess impacts from the accumulated energy resulting 
from multiple weapon releases within a 24-hour period. The number of 
animals impacted is computed by multiplying the area of a circle with 
radius Rmax, by the original animal density given in animal per km\2\.

                                                     Table 19--Threshold Radii (in Kilometers) for EGTTR Air-to-Surface Testing and Training
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Mortality                          Level A harassment                                      Level B harassment
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                                                                                    Slight lung      GI tract                   PTS                             TTS                 Behavioral
                                                                                      injury          injury     -------------------------------------------------------------------------------
                      Mission-day category                           Modified    --------------------------------
                                                                  Goertner Model     Modified                                       230 dB Peak                     224 dB Peak
                                                                         1        Goertner Model    237 dB SPL      185 dB SEL          SPL         170 dB SEL          SPL         165 dB SEL
                                                                                         2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Bottlenose Dolphin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A...............................................................           0.427           0.768           0.348           1.039           0.705           5.001           1.302           8.155
B...............................................................           0.107           0.225           0.156            0.43           0.317           2.245           0.585           3.959
C...............................................................           0.037           0.085           0.083            0.32           0.169           1.128           0.312           1.863
D...............................................................           0.024           0.055           0.059           0.254            0.12           0.982           0.222           1.413
E...............................................................            0.01           0.024           0.034           0.232           0.069           0.878           0.126           1.252
F...............................................................           0.003           0.007           0.019           0.096           0.033           0.218           0.062           0.373
G...............................................................           0.024           0.055           0.059           0.167            0.12           0.552           0.222           0.809
H...............................................................           0.006           0.015           0.025           0.097           0.051           0.229           0.093           0.432
I...............................................................           0.023           0.054           0.059           0.125           0.119           0.328            0.22           0.572
J...............................................................           0.045           0.101           0.096           0.167           0.195           0.555            0.36           0.812
K...............................................................           0.057           0.128           0.117           0.164           0.237           0.541           0.438           0.795
L...............................................................           0.057           0.128           0.117             0.2           0.237           0.654           0.438           0.953
M...............................................................            0.12           0.249            0.22           0.211           0.447           0.761           0.825           1.123
N...............................................................           0.076           0.168           0.149           0.202           0.302           0.671           0.557           0.982
O...............................................................           0.047           0.107           0.101           0.136           0.204           0.432           0.376            0.64
P...............................................................           0.051           0.115           0.107           0.116           0.217           0.271             0.4           0.527
Q...............................................................           0.007           0.016           0.026           0.073           0.053           0.149           0.098           0.207
R...............................................................           0.427           0.768           0.348           0.811           0.705           4.316           1.302           6.883
S...............................................................           0.142           0.286           0.156           0.692           0.317           3.941           0.585           5.132
T...............................................................           0.024           0.055           0.059           0.224            0.12           0.837           0.222           1.209
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Atlantic Spotted Dolphin
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A...............................................................           0.504           0.886           0.348           1.039           0.705           5.001           1.302           8.155
B...............................................................           0.133           0.266           0.156            0.43           0.317           2.245           0.585           3.959
C...............................................................           0.047           0.104           0.083            0.32           0.169           1.128           0.312           1.863
D...............................................................            0.03           0.067           0.059           0.254            0.12           0.982           0.222           1.413
E...............................................................           0.013            0.03           0.034           0.232           0.069           0.878           0.126           1.252

[[Page 5560]]

 
F...............................................................           0.004           0.009           0.019           0.096           0.033           0.218           0.062           0.373
G...............................................................            0.03           0.067           0.059           0.167            0.12           0.552           0.222           0.809
H...............................................................           0.008           0.018           0.025           0.097           0.051           0.229           0.093           0.432
I...............................................................            0.03           0.067           0.059           0.125           0.119           0.328            0.22           0.572
J...............................................................           0.057           0.124           0.096           0.167           0.195           0.555            0.36           0.812
K...............................................................           0.072           0.157           0.117           0.164           0.237           0.541           0.428           0.795
L...............................................................           0.072           0.157           0.117             0.2           0.237           0.654           0.438           0.953
M...............................................................            0.15            0.29            0.22           0.211           0.447           0.761           0.825           1.123
N...............................................................           0.096           0.201           0.149           0.202           0.302           0.671           0.557           0.982
O...............................................................            0.06           0.131           0.101           0.136           0.204           0.432           0.376            0.64
P...............................................................           0.065           0.141           0.107           0.116           0.217           0.271             0.4           0.527
Q...............................................................           0.009            0.02           0.026           0.073           0.053           0.149           0.098           0.207
R...............................................................           0.504           0.886           0.348           0.811           0.705           4.316           1.302           6.883
S...............................................................           0.172           0.336           0.156           0.692           0.317           3.941           0.585           5.132
T...............................................................            0.03           0.067           0.059           0.224            0.12           0.837           0.222           1.209
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    The ranges presented above were used to calculate the total area 
(circle) of the zones of influence for each criterion/threshold. To 
eliminate ``double-counting'' of animals, impact areas from higher 
impact categories (e.g., mortality) were subtracted from areas 
associated with lower impact categories (e.g., Level A harassment). The 
estimated number of marine mammals potentially exposed to the various 
impact thresholds was calculated with a two-dimensional approach, as 
the product of the adjusted impact area, animal density, and annual 
number of events for each mission-day category. The calculations 
generally resulted in decimal values, suggesting that, in most cases, a 
fraction of an animal was exposed. The results were therefore rounded 
at the annual mission-day level and then summed for each criterion to 
obtain total annual take estimates from all EGTTR mission activities. A 
``take'' is considered to occur for SEL metrics if the received level 
is equal to or above the associated threshold within the appropriate 
frequency band of the sound received, adjusted for the appropriate 
weighting function value of that frequency band. Similarly, a ``take'' 
would occur for impulse and peak SPL metrics if the received level is 
equal to or above the associated threshold. For impact categories with 
multiple criteria (e.g., slight lung injury, GI tract injury, and PTS 
for Level A harassment) and criteria with two thresholds (e.g., 187 dB 
SEL and 230 peak SPL for PTS), the criterion and/or threshold that 
yielded the highest exposure estimate was utilized for analysis of 
detonation impacts and shows the total numbers of marine mammals 
potentially affected by all EGTTR testing and training mission 
activities annually (See Table 20). These exposure estimates do not 
take into account the mitigation and monitoring measures that are 
expected to decrease the potential for impacts.
    Acoustic analysis results indicate the potential for injury and 
non-injurious harassment (including behavioral harassment) to marine 
mammals in the absence of mitigation measures. Mortality was calculated 
as one (1) for bottlenose dolphins and zero (0) for Atlantic spotted 
dolphin. However, the modeling is conservative and it did not include 
implementation of the mitigation and monitoring measures, and therefore 
we believe that mortality is unlikely. Further, the potential for Level 
A harassment takes would be significantly reduced. As such, NMFS is not 
authorizing any take due to mortality.
    Animals from the Northern Gulf of Mexico stock of spotted dolphins 
and the Northern Gulf of Mexico Continental shelf stock of bottlenose 
dolphins are likely to be affected. There is also a chance that a 
limited number of bottlenose dolphins from the Gulf of Mexico Northern 
Coastal stock could be affected. Animals from this stock are known to 
occur in waters greater than 20 m in depth. Even though the 20 m 
isopleth delineates the stock's range, it is an artificial boundary 
used for management purposes and is not ecologically based. However, 
most of the bottlenose dolphins potentially affected would be part of 
the Northern Gulf of Mexico Continental shelf stock.

 Table 20--Total Number of Marine Mammals Authorized To Be Taken Annually by Air-to-Surface Testing and Training
                                              Missions in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                        Level A harassment              Level B harassment
                                                 ---------------------------------------------------------------
                     Species                        Slight lung
                                                      injury         PTS (SEL)       TTS (SEL)      Behavioral
----------------------------------------------------------------------------------------------------------------
Bottlenose dolphin..............................               2               7             220             315
Atlantic spotted dolphin........................               0               2              85             120
                                                 ---------------------------------------------------------------
    Total.......................................               2               9             305             435
----------------------------------------------------------------------------------------------------------------


[[Page 5561]]

Mitigation

    In order to issue an LOA under Section 101(a)(5)(A) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, and other means of effecting the least practicable impact on 
such species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking for certain 
subsistence uses (latter not applicable for this action).
    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.
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully consider two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure will be effective if implemented 
(probability of accomplishing the mitigating result if implemented as 
planned) and the likelihood of effective implementation (probability of 
being implemented as planned); and
    (2) the practicability of the measures for applicant 
implementation, which may consider such things as cost, impact on 
operations, and, in the case of a military readiness activity, 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.

Mitigation for Marine Mammals and Their Habitat

    Eglin AFB will employ 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. Required mitigation measures 
include the following:
    Timing Restrictions--With the exception of gunnery operations, 
missions will take place no earlier than two hours after sunrise. This 
measure provides observers with adequate visibility necessary for two 
hour pre-mission monitoring. Missions must also be completed at least 
30 minutes before sunset which will allow adequate visibility for post-
mission monitoring.
    Trained Observers--All monitoring will be conducted by personnel 
who have completed Eglin's Marine Species Observer Training Course, 
which was developed in cooperation with NMFS. This training includes a 
summary of environmental laws, consequences of non-compliance, 
description of an observer's role, pictures and descriptions of 
protected species and protected species indicators, survey methods, 
monitoring requirements, and reporting procedures. The training will be 
provided to user groups either electronically or in person by an Eglin 
AFB representative. Any person acting as an observer for a particular 
mission must have completed the training within the year prior to the 
mission. Names of personnel who have completed the training will be 
submitted to Eglin AFB along with the date of completion. In cases 
where multiple survey platforms are required to cover large survey 
areas, a Lead Biologist will be designated to lead all monitoring 
efforts and coordinate sighting information with the Test Director or 
Safety Officer.
    Pre- and Post-Mission Monitoring--For each live mission, at a 
minimum, pre- and post-mission monitoring will be required. Missions 
will 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, with the exception of AFSOC and the 413 FLTS 
gunnery missions. In those cases, aircrews will utilize aircraft 
instrumentation and sensors to monitor the area.
    Monitoring will be conducted from a given platform depending on the 
specific mission. The purposes of pre-mission monitoring are to (1) 
evaluate the mission site for environmental suitability and (2) verify 
that the ZOI is free of visually detectable marine mammals and 
potential marine mammal indicators. USAF range clearing vessels and 
protected species survey vessels will be on-site at least two hours 
prior to the mission. Vessel-based surveys will begin approximately one 
and one-half hours prior to live weapon deployment. Surveys will 
continue for approximately one hour or until the entire ZOI has been 
adequately surveyed, whichever comes first. At approximately 30 minutes 
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 miles from the detonation point.
    The duration of pre-mission surveys will depend on the area 
required to be surveyed and survey platforms (vessels versus aircraft). 
All marine mammal sightings including the species (if possible), 
number, location, and behavior of the animals will be documented on 
report forms that will be submitted to Eglin AFB after each mission. 
Missions will be postponed, relocated, or cancelled based on the 
presence of protected species within the survey areas.
    Post-mission monitoring is designed to determine the effectiveness 
of pre-mission mitigation by reporting sightings of any dead or injured 
marine mammals. Post-detonation monitoring surveys will commence once 
the mission has ended or, if required, as soon as the mission area is 
declared safe. Vessels will move into the survey area from outside the 
safety zone and monitor for at least 30 minutes. The duration of post-
mission surveys will vary based on survey platform. Similar to pre-
mission surveys, all sightings would be properly documented on report 
forms and submitted to Eglin AFB. Any marine mammals that are detected 
in the ZOI during post-mission surveys and for which takes are 
authorized will be counted as Level B takes. Furthermore, any marine 
mammal observed in the ZOI for which take is not authorized will be 
reported immediately to the Office of Protected Resources, NMFS.
    If any marine mammals are killed or injured as a result of the 
mission, Eglin AFB would be contacted immediately. Observers would 
document the species or description of the animal, location, and 
behavior and, if practicable, take pictures and maintain visual contact 
with the animal. Eglin AFB must notify the Director, Office of 
Protected Resources, NMFS, or designee, by telephone (301-427-8401), 
and the Southeast Regional Office immediately and await further 
instructions or the arrival of a response team on-site, if feasible. 
Activities shall cease and not resume until NMFS is able to review the 
circumstances of the prohibited take.
    Mission Delay under Poor Sea State Conditions--Weather conducive to 
marine mammal monitoring is required to effectively conduct the pre- 
and post-mission surveys. Wind speed and the resulting surface 
conditions are critical factors affecting observation

[[Page 5562]]

effectiveness. Higher winds typically increase wave height and create 
``whitecap'' conditions, both of which limit an observer's ability to 
locate marine species at or near the surface. Air-to-surface missions 
will be delayed or rescheduled if the sea state is greater than number 
4 as listed in Table 21 at the time of the mission. Protected species 
observers or the Lead Biologist will make the final determination of 
whether or not conditions are conducive to sighting protected species.

         Table 21--Sea State Scale for EGTTR Pre-Mission Surveys
------------------------------------------------------------------------
             Sea state No.                       Sea conditions
------------------------------------------------------------------------
0.....................................  Flat, calm, no waves or ripples.
1.....................................  Light air, winds 1-2 knots; wave
                                         height to 1 foot; ripples
                                         without crests.
2.....................................  Light breeze, winds 3-6 knots;
                                         wave height 1-2 feet; small
                                         wavelets, crests not breaking.
3.....................................  Gentle breeze, winds 7-10 knots;
                                         wave height 2-3.5 feet; large
                                         wavelets, scattered whitecaps.
4.....................................  Moderate breeze, winds 11-16
                                         knots; wave height 3.5-6 feet;
                                         breaking crests, numerous
                                         whitecaps.
------------------------------------------------------------------------

    Visibility is also a critical factor for flight safety issues when 
aerial surveys are being conducted. Therefore, a minimum ceiling of 305 
m (1,000 ft) and visibility of 5.6 km (3 nmi) is required to support 
monitoring efforts and flight safety concerns.
    Determination of ZOI Survey Areas--The ZOI is defined as the area 
or volume of ocean in which marine mammals could be exposed to various 
pressure or acoustic energy levels caused by exploding ordnance. Each 
threshold range listed in Table 19 represents a radius of impact for a 
given threshold of each munition/detonation scenario. These ranges are 
used for determining the size of the area required to be monitored 
during pre-mission surveys for each activity. For any mission involving 
live munitions (other than gunnery rounds) an area extending out to the 
PTS harassment range for the corresponding mission-day scenario will be 
completely cleared of marine mammals prior to release of the first live 
ordnance. Depending on the mission-day scenario, the corresponding 
radius could be between 73 m for a live fuse surface detonation 
associated with mission-day scenario Q, and 1,039 m associated with 
mission-day scenario A. This would help ensure that no marine mammals 
will be within any of the Level A harassment or mortality zones during 
a live detonation event, significantly reducing the potential for these 
types of impacts to occur.
    Some missions will be delayed to allow survey platforms to evacuate 
the human safety zone after pre-missions surveys are completed. For 
these delayed missions, Eglin proposes to include a buffer around the 
survey area that would extend to the TTS harassment zone for the 
corresponding mission-day scenario. This would double, and in some 
cases triple, the size of the survey area for the PTS zone. This buffer 
will mitigate for the potential that an animal outside the area during 
pre-mission surveys would enter the Level A harassment or mortality 
zones during a mission. However, missions that consist solely of 
gunnery testing and training operations will actually survey larger 
areas based on previously established safety profiles and the ability 
to conduct aerial surveys of large areas from mission aircraft. These 
ranges are shown in Table 22. Comparing the monitoring area below with 
behavioral harassment threshold radii for Atlantic spotted dolphins for 
mission-day categories D through H (between 0.4 km and 1.4 km (0.2 and 
0.8 nmi)) shows that a much larger area will be covered by this 
monitoring procedure.
    Mission Delay Associated with Animals in Zone of Influence--A 
mission delay of live ordnance mission activities will occur if a 
protected species, large schools of fish, or large flocks of birds 
feeding at the surface are observed within the Level B harassment ZOI. 
Mission activities cannot resume until one of the following conditions 
is met: (1) Marine mammal is confirmed to be outside of the ZOI on a 
heading away from the target area; (2) marine mammal is not seen again 
for 30 minutes and presumed to be outside the Level A ZOI; or (3) large 
groupings of fish or birds leading to required delay are confirmed 
outside the ZOI.
    Mission Abort if Sperm or Baleen Whales Observed During Pre-mission 
Monitoring --Marine mammal species found in the Gulf of Mexico, 
including the Federally listed sperm whale and the Bryde's whale, which 
is proposed for ESA listing, occur with greater regularity in waters 
over and beyond the continental shelf break. To avoid impacts to the 
sperm whale, AFSOC has agreed to conduct all gunnery missions within 
(shoreward of) the 200-m isobath, which is considered to be the shelf 
break for purposes of this document. Furthermore, mission activities 
will be aborted/suspended for the remainder of the day if one or more 
sperm or baleen whales are detected during pre-mission monitoring 
activities as no takes of these species have been authorized. This 
measure will incidentally provide greater protection to several other 
species as well. Trained observers will also be instructed to be 
vigilant in ensuring Bryde's whales are not in the ZOI.

                                                  Table 22--Monitoring Area Radii for Gunnery Missions
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Aircraft                    Gunnery round              Monitoring area              Monitoring altitude            Operational altitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
AC-130 gunship...................  25 mm, 30 mm, 40 mm, 105  5 nmi (9,260 m)..............  6,000 ft.....................  15,000-20,000 ft.
                                    mm (FU and TR).
CV-22 Osprey.....................  .50 cal, 7.62 mm........  3 nmi (5,556 m)..............  1,000 ft.....................  1,000 ft.
--------------------------------------------------------------------------------------------------------------------------------------------------------
cal = caliber; ft = feet; FU = full up; m = meters; mm = millimeter; nmi = nautical miles; TR = Training Round.

    Mitigation Measures for Gunnery Actions--Eglin AFB has identified 
and required implementation of operational mitigation measures for 
gunnery missions, including development of the 105-mm TR, use of ramp-
up procedures (explained below), re-initiation of species surveys if 
live fire activities are interrupted for more than 10 minutes, and 
eliminating missions conducted over waters beyond the continental 
shelf.
    The largest type of ammunition used during gunnery missions is a 
105-mm round, which contains 4.7 pounds of high explosive (HE). This is 
several times more HE than that found in the next largest round (40 
mm). As a mitigation technique, the USAF developed a 105-mm TR that 
contains only 0.35 pounds of HE. The TR was developed to substantially 
reduce the risk of harassment during nighttime operations, when visual 
surveying for

[[Page 5563]]

marine mammals is of limited effectiveness (however, monitoring by use 
of the AC-130's instrumentation is effective at night).
    Ramp-up procedures refer to the process of beginning with the least 
impactive action and proceeding to more impactive actions. In the case 
of gunnery activities, ramp-up procedures entail beginning a mission 
with the lowest caliber munition and proceeding to the highest, which 
means the munitions would be fired in the order of 25 mm, 40 mm, and 
105 mm. The rationale for the procedure is that this process may allow 
marine species to perceive steadily increasing noise levels and to 
react, if necessary, before the noise reaches a threshold of 
significance.
    If use of gunship weapons is interrupted for more than 10 minutes, 
Eglin AFB would be required to reinitiate applicable protected species 
surveys in the ZOI to ensure that no marine mammal species entered into 
the ZOI during that time.
    The AC-130 gunship weapons are used in two phases. First, the guns 
are checked for functionality and calibrated. This step requires an 
abbreviated period of live fire. After the guns are determined ready 
for use, the aircraft deploys a flare onto the surface of the water as 
a target, and the mission proceeds under various test and training 
scenarios. This second phase involves a more extended period of live 
fire and can incorporate use of one or any combination of the munitions 
available (25-mm, 40-mm, and 105-mm rounds).
    A ramp-up procedure will be required for the initial calibration 
phase and, after this phase, the guns may be fired in any order. Eglin 
AFB believes this process will allow marine species the opportunity to 
respond to increasing noise levels. If an animal leaves the area during 
ramp-up, it is unlikely to return during the live-fire mission. This 
protocol provides a more realistic training experience for aircrews. In 
combat situations, gunship crews would not necessarily fire the 
complete ammunition load of a given caliber gun before proceeding to 
another gun. Rather, a combination of guns might be used as required by 
real-time situations. An additional benefit of this protocol is that 
mechanical or ammunition problems with an individual gun can be 
resolved while live fire continues with functioning weapons. This 
diminishes the possibility of pause in live fire lasting 10 minutes or 
more, which would necessitate reinitiation of protected species 
surveys.
    Based on our evaluation of Eglin AFB's planned measures, NMFS has 
determined that the mitigation measures provide the means effecting the 
least practicable impact on the affected species or stocks and their 
habitat, while also considering personnel safety, practicality of 
implementation, and the impact of effectiveness of the military 
readiness activity.

Monitoring and Reporting

    In order to issue an incidental take authorization for an activity, 
Section 101(a)(5)(A) of the MMPA states that NMFS must set forth, 
``requirements pertaining to the monitoring and reporting of such 
taking.'' The MMPA implementing regulations at 50 CFR 216.104 (a)(13) 
indicate that requests for authorizations must include the suggested 
means of accomplishing the necessary monitoring and reporting that will 
result in increased knowledge of the species and of the level of taking 
or impacts on populations of marine mammals that are expected to be 
present in the action area. Effective reporting is critical to 
compliance as well as ensuring that the most value is obtained from the 
required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (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 marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
     Mitigation and monitoring effectiveness.
    The following monitoring options have been developed to support 
various types of air-to-surface mission activities that may be 
conducted in the EGTTR. Eglin AFB users covered by this LOA must meet 
specific test or training objectives and safety requirements and have 
different assets available to execute the pre- and post-mission 
surveys. The monitoring options and mitigation measures described in 
the subsections below balance all mission-essential parameters with 
measures that will support adequate protection to marine mammals. 
Monitors will search for any marine mammal, including species for which 
takes have been and have not been authorized. Monitors will be 
instructed to be extra vigilant in ensuring that species of concern, 
including the sperm whale (listed as endangered under the ESA) and 
Bryde's whale (proposed for listing under the ESA) are clear of the ZOI 
during testing and training activities.
    Vessel-based Monitoring--Pre-mission surveys conducted from surface 
vessels will typically begin at sunrise. Trained observers will be 
aboard designated vessels to conduct protected species surveys before 
and after each mission. These vessels will be dedicated solely to 
monitoring for protected marine species and species indicators during 
the pre-mission surveys. For missions that require multiple vessels to 
conduct surveys based on the size of the survey area, a Lead Biologist 
will be designated to coordinate all survey efforts, compile sighting 
information from the other vessels, function as the point of contact 
between the survey vessels and Tower Control on Santa Rosa Island, and 
provide final recommendations to the Safety Officer/Test Director on 
the suitability of the mission site based on environmental conditions 
and survey results.
    Survey vessels will run pre-determined line transects, or survey 
routes, that will provide sufficient coverage of the survey area. 
Monitoring activities will be conducted from the highest point feasible 
on the vessels. There will be at least two dedicated observers on each 
vessel, and they will utilize optical equipment with sufficient 
magnification to allow observation of surfaced animals.
    All sighting information from pre-mission surveys will be 
communicated to the Lead Biologist on a pre-determined radio channel to 
reduce overall radio chatter and potential confusion. After compiling 
all the sighting information from the other survey vessels, the Lead 
Biologist will inform Tower Control on Santa Rosa Island on whether the 
area is clear of

[[Page 5564]]

protected species or not. If the range is not clear, the Lead Biologist 
will provide recommendations on whether the mission should be delayed 
or cancelled. For example, a mission delay would be recommended if a 
small number of protected species are in the ZOI but appear to be on a 
heading away from the mission area. The delay would continue until the 
Lead Biologist has confirmed that the animals are no longer in the ZOI 
and traveling away from the mission site. On the other hand, a mission 
cancellation could be recommended if one or more protected species in 
the ZOI are found and there is no indication that they would leave the 
area on their own within a reasonable timeframe. Tower Control on Santa 
Rosa Island will relay the Lead Biologist's recommendation to the 
Safety Officer. The Safety Officer and Test Director will collaborate 
regarding range conditions based on the information provided by the 
Lead Biologist and the status of range clearing vessels. The Safety 
Officer will have final authority on decisions regarding delays and 
cancellations of missions.
    USAF Support Vessels--USAF support vessels will consist of a 
combination of USAF and civil service/civilian personnel responsible 
for mission site/target setup and range clearing activities. USAF 
personnel will be within the mission area (on boats and the GRATV) for 
each mission well in advance of weapon deployment, typically near 
sunrise. They will perform a variety of tasks including target 
preparation, equipment checks, etc., and will observe for marine 
mammals and indicators as feasible throughout test preparation. 
However, such observations are considered incidental and would only 
occur as time and schedule permits. Any sightings would be relayed to 
the Lead Biologist.
    The Eglin Safety Officer, in cooperation with the Tower Control on 
Santa Rosa Island will coordinate and manage all range clearing efforts 
and be in direct communication with the survey vessel team, typically 
through the Lead Biologist. All support vessels will be in radio 
contact with one another and with Tower Control. The Safety Officer 
will monitor all radio communications, but Tower Control will relay 
messages between the vessels and the Safety Officer. The Safety Officer 
and Tower Control will also be in continual contact with the Test 
Director throughout the mission and will convey information regarding 
range clearing progress and protected species survey status. Final 
decisions regarding mission execution, including possible mission delay 
or cancellation based on protected species sightings or civilian boat 
traffic interference, will be the responsibility of the Safety Officer, 
with concurrence from the Test Director.
    Aerial-based Monitoring--Aircraft typically provide an excellent 
viewing platform for detection of marine mammals at or near the 
surface. Depending on the mission, the aerial survey team will either 
consist of Eglin AFB personnel or their designees aboard a non-mission 
aircraft or the mission aircrew who have completed the Marine Species 
Observer Training. A description of each follows.
    For non-mission aircraft, the pilot will be instructed in protected 
marine species survey techniques and will be familiar with marine 
species expected to occur in the area. One person in the aircraft will 
act as data recorder and is responsible for relaying the location, 
species (if possible), direction of movement, and number of animals 
sighted to the Lead Biologist. The aerial team will also identify 
protected species indicators such as large schools of fish and large, 
active groups of birds. Pilots will fly the aircraft in such a manner 
that the entire ZOI (and a buffer, if required) is monitored. Marine 
mammal sightings from the aerial survey team will be compiled by the 
Lead Biologist and communicated to the Test Director or Safety Officer. 
Similar to survey vessel requirements, all non-mission personnel will 
be required to exit the human safety zone before the mission can 
commence. As a result, the ZOI may not be monitored up to immediate 
deployment of live weapons. Due to this fact, the aerial team may be 
required to survey an additional buffer zone unless other monitoring 
assets, such as live video monitoring, can be employed.
    Some mission aircraft have the capability to conduct aerial surveys 
immediately prior to releasing munitions. In those instances, aircrews 
that have completed the marine species observer training will make 
several passes over the target area to ensure the area is clear of all 
protected species. For mission aircraft in this category, aircrews will 
operate at reasonable and safe altitudes (dependent on the aircraft) 
appropriate to either visually scan the sea surface or utilize 
available instrumentation and sensors to detect protected species. 
Typical missions in this category are air-to-surface gunnery operations 
from AC-130 and CV-22 gunships. In some cases, other aerial platforms 
may be available to supplement monitoring activities for pre-mission 
surveys and during the missions.
    Video-based Monitoring--Video-based monitoring may be accomplished 
via live high-definition video feed transmitted to CCF. Video 
monitoring typically facilitates data collection for the mission but 
can also allow remote viewing of the area for determination of 
environmental conditions and the presence of marine species up to the 
release time of live munitions. There are multiple sources of video 
that can be streamed to multiple monitors within CCF. When authorized 
for specific missions (e.g., Maritime WSEP), a trained marine species 
observer from Eglin AFB will monitor all live video feed transmitted to 
CFF and will report any marine mammal sightings to the Safety Officer, 
who will also be at CCF. Employing this measure typically resolves any 
lapse between the time survey vessels or aircraft leave the safety zone 
after completing pre-mission surveys but before the mission actually 
begins.
    The primary platform for video monitoring would be through the 
GRATV. Four video cameras are typically positioned on the GRATV 
(anchored on-site) to allow for real-time monitoring and data 
collection during the mission. The cameras will also be used to monitor 
for the presence of protected species. All cameras have a zoom 
capability of up to at least a 300-mm equivalent. At this setting, when 
targets are at a distance of 2 nmi from the GRATV, the field of view 
would be 195 ft by 146 ft. Video observers can detect an item with a 
minimum size of 1 square foot up to 4,000 m away. The GRATV will 
typically be located about 183 m (600 ft) from the target area; this 
range is well within the zooming capability of the video cameras.
    Supplemental video monitoring can also be accomplished through the 
employment of additional aerial assets, when available. Eglin's 
aerostat balloon provides aerial imagery of weapon impacts and 
instrumentation relay. When utilized, it is tethered to a boat anchored 
near the GRATV but outside weapon impact areas. The balloon can be 
deployed to an altitude up to 2,000 ft above sea level. It is equipped 
with a high-definition camera system that is remotely controlled to 
pivot and focus on a specific target or location within the mission 
site. The video feed from the camera system is transmitted to CCF. 
Eglin may also employ other assets such as intelligence, surveillance, 
and reconnaissance aircraft to provide real-time imagery or relay 
targeting pod videos from mission aircraft. Unmanned aerial vehicles 
may also be employed to provide aerial video surveillance. While each 
of these platforms may not be available for all missions, they 
typically can be used in combination with each

[[Page 5565]]

other and with the GRATV cameras to supplement marine mammal monitoring 
efforts.
    Even with a variety of platforms potentially available to supply 
video feeds to CCF, the entire ZOI may not be visible for the entire 
duration of the mission. However, the targets and immediately 
surrounding areas will typically be in the field of view of the GRATV 
cameras and the observer will be able to identify any protected species 
that may enter the target area before weapon releases. In addition, the 
observer will be able to determine if any animals were injured 
immediately following the detonations. Should a protected marine 
species be detected on the live video, the weapon release can be 
stopped almost immediately because the video camera observer is in 
direct contact with Test Director and Safety Officer at CCF.
    Acoustic Monitoring--Eglin will conduct a NMFS-approved PAM study 
as an initial step towards understanding acoustic impacts from 
underwater detonations. During a live mission event, the Eglin AFB 
proposes to collect data that measures energy and pressure levels from 
varying distances away from weapon impact points. The data would likely 
be recorded by hydrophones attached to buoys that are deployed just 
before the mission. After mission activities, the buoys would be 
collected, then the data would be downloaded and analyzed. The results 
would be compared to the various ranges to effects for Level A and 
Level B Harassment that were calculated with the acoustic model. Eglin 
will also conduct PAM for marine mammal vocalizations before, during, 
and after live missions in the EGTTR. Once funding for these efforts is 
secured, Eglin AFB will work closely with NMFS to develop a research 
plan that will meet mutually agreeable objectives.
    As previously described in the response to Comment #2, Eglin AFB 
and NMFS have discussed the possibility of employing PAM as a required 
mitigation measure during EGTTR activities. However, human safety 
concerns and the inability to make mission go/no-go decisions in a 
timely manner are the most immediate obstacles for Eglin AFB 
implementing real-time PAM during live weapon missions in the EGTTR.
    As noted previously, Eglin's current boat and aerial pre- and post-
mission visual surveys have been successful in preventing impacts to 
marine mammals because no unauthorized takes have occurred as a result 
of these procedures under previous incidental take authorizations. 
Until Eglin AFB is confident that this first step toward a rudimentary 
PAM study is successfully implemented, the USAF cannot commit to PAM as 
a mitigation measure, which would add multiple layers of complexities 
required to detect and localize marine mammals during a live mission 
event. Furthermore, Eglin would need to gain better understanding of 
PAM capabilities so mission-appropriate procedures could be developed 
for making go/no-go decisions in a timely manner. Given the level of 
success with current mitigation procedures and the high level of 
unknowns associated with implementing PAM as part of mitigation 
procedures for USAF activities, Eglin AFB and NMFS agreed that using 
PAM as a real-time mitigation measure is not practicable at this time.
    AC-130 and CV-22 Gunship Procedures--After arriving at the mission 
site and prior to initiating firing events, gunships will conduct at 
least two complete orbits around the survey area at a minimum safe 
airspeed around the mission site at the appropriate monitoring 
altitude. Provided that marine mammals (and other protected species or 
indicators) are not detected, the aircraft will then begin the ascent 
to operational altitude, continuing to orbit the target area as it 
climbs. The initial orbits occur over a timeframe of approximately 10 
to 15 minutes. Monitoring for marine mammals, vessels, and other 
objects will continue throughout the mission. If a towed target is 
used, mission personnel will ensure that the target remains in the 
center portion of the survey area to ensure gunnery impacts do not 
extend past the ZOI.
    During the low-altitude orbits and climb, the aircrew will visually 
scan the sea surface within the aircraft's orbit circle for the 
presence of marine mammals. The surface scan will primarily be 
conducted by the flight crew in the cockpit and personnel stationed in 
the tail observer bubble and starboard viewing window. During nighttime 
missions, crews will use night vision goggles during observation. In 
addition to visual surveys, aircraft optical and electronic sensors 
will also be used for site clearance. AC-130 gunships are equipped with 
low-light TV cameras and infrared detection sets (IDSs). The TV cameras 
operate in a range of visible and near-visible light. Infrared systems 
are capable of detecting differences in temperature from thermal energy 
(heat) radiated from living bodies or from reflected and scattered 
thermal energy. In contrast to typical night-vision devices, visible 
light is not necessary for object detection. Infrared systems are 
equally effective during day or night use. The IDS is capable of 
detecting very small thermal differences. CV-22 aircraft have similar 
visual scanners and operable sensors; however, they operate at much 
lower altitudes than the AC-130 gunships, and no HE rounds will be 
fired from these aircraft.
    If any marine mammals are detected during pre-mission surveys or 
during the mission, activities will be immediately halted until the ZOI 
area is clear of all marine mammals, or the mission will be relocated 
to another target area. If the mission is relocated, the pre-mission 
survey procedures will be repeated. In addition, if multiple firing 
missions are conducted within the same flight, clearance procedures 
will precede each mission.
    Gunship crews will conduct a post-mission survey beginning at the 
operational altitude and proceeding through a spiraling descent to the 
designated monitoring altitude. It is anticipated that the descent will 
occur over a three- to five-minute time period. During this time, 
aircrews will use similar equipment and instrumentation to scan the 
water surface for animals that may have been impacted during the 
gunnery mission. During daytime missions, visual scans will be used as 
well.
    Coordination with Eglin Natural Resources Office--Prior to 
conducting live missions, proponents will coordinate with Eglin Natural 
Resources to be briefed on their mitigation and monitoring 
requirements. Throughout coordination efforts, mission assets available 
for monitoring will be identified and an implementation plan will be 
developed. Based on the assets, survey routes will be designed to 
incorporate the size of the monitoring area and determine whether a 
buffer will be required. Training and reporting requirements will also 
be communicated to the proponents
    The following table lists known proponents and the monitoring 
platforms that may be employed for marine mammal monitoring before, 
during, and after live air-to-surface missions. As stated above, 
coordination with proponents before live missions will ensure these 
options are still available, as well as any changes to assets or 
mission capabilities for new proponents that would fall under this 
authorization. Eglin Natural Resources will ensure all practical 
measures will be implemented to the maximum extent possible to comply 
with the mitigation and monitoring requirements while meeting mission 
objectives.

[[Page 5566]]



    Table 23--Monitoring Options Available for Live Air-to-Surface Mission Proponents Operating in the EGTTR
----------------------------------------------------------------------------------------------------------------
                                                                              Monitoring platform
                           Mission                            --------------------------------------------------
                                                                    Vessel           Aerial           Video
----------------------------------------------------------------------------------------------------------------
86 FWS Maritime Weapons System Evaluation Program (WSEP).....           ...............        
----------------------------------------------------------------------------------------------------------------
                                USAF Special Operations Command (AFSOC) Training
----------------------------------------------------------------------------------------------------------------
Air-to-Surface Gunnery.......................................  ...............           ...............
Small Diameter Bomb/Griffin Missile Training.................  ...............           ...............
CV-22 Training...............................................  ...............           ...............
----------------------------------------------------------------------------------------------------------------
                                        413th Flight Test Squadron (FLTS)
----------------------------------------------------------------------------------------------------------------
AC-130J Precision Strike Package Testing.....................  ...............                 
AC-130J Stand-Off Precision Guided Munitions Testing.........  ...............                 
----------------------------------------------------------------------------------------------------------------
                                               780th Test Squadron
----------------------------------------------------------------------------------------------------------------
Precision Strike Weapon......................................                          
Longbow Littoral Testing.....................................           ...............        
----------------------------------------------------------------------------------------------------------------

Monitoring and Reporting Measures

    In addition to monitoring for marine species before and after 
missions, the following monitoring and reporting measures will be 
required.
     Within a year before the planned missions, all protected 
species observers will receive the Marine Species Observer Training 
Course developed by Eglin in cooperation with NMFS.
     Eglin AFB will track use of the EGTTR and protected 
species observation results through the use of protected species 
observer report forms.
     A summary annual report of marine mammal observations and 
mission activities will be submitted to the NMFS Southeast Regional 
Office and the NMFS Office of Protected Resources 90 days after 
completion of mission activities each year or 60 days prior to the 
issuance of any subsequent LOA for projects at the EGTTR, whichever 
comes first. A final report shall be prepared and submitted within 30 
days following resolution of comments on the draft annual reports from 
NMFS. This annual report must include the following information:
    [cir] Date and time of each mission.
    [cir] A complete description of the pre-mission and post-mission 
activities related to mitigating and monitoring the effects of mission 
activities on marine mammal populations.
    [cir] Results of the visual monitoring, including numbers by 
species/stock of any marine mammals noted injured or killed as a result 
of the missions, and number of marine mammals (by species if possible) 
that may have been harassed due to presence within the activity zone.
    [cir] If any dead or injured marine mammals are observed or 
detected prior to mission activities, or injured or killed during 
mission activities, a report must be made to the NMFS Southeast Region 
Marine Mammal Stranding Network at 877-433-8299, the Chief of the 
Permits and Conservation Division, Office of Protected Resources, at 
301-427-8401 and the Florida Marine Mammal Stranding Hotline at 888-
404-3922 immediately.
    [cir] Any unauthorized impacts on marine mammals must be 
immediately reported to the National Marine Fisheries Service's 
Southeast Regional Administrator, at 727-842-5312, and the Chief of the 
Permits and Conservation Division, Office of Protected Resources, at 
301-427-8401.

Adaptive Management

    NMFS may modify (including augment) the existing mitigation, 
monitoring, or reporting measures (after consulting with Eglin AFB 
regarding the practicability of the modifications) if doing so creates 
a reasonable likelihood of more effectively accomplishing the goals of 
the mitigation and monitoring measures for these regulations.
    Possible sources of data that could contribute to the decision to 
modify the mitigation, monitoring, or reporting measures in an LOA 
include: (1) Results from Eglin AFB's acoustic monitoring study; (2) 
results from monitoring during previous year(s); (3) results from other 
marine mammal and/or sound research or studies; and (4) any information 
that reveals marine mammals may have been taken in a manner, extent or 
number not authorized by these regulations or subsequent LOAs.
    If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS 
will publish a notice of proposed LOA in the Federal Register and 
solicit public comment. If, however, NMFS determines that an emergency 
exists that poses a significant risk to the well-being of the species 
or stocks of marine mammals in the Gulf of Mexico, an LOA may be 
modified without prior notice or opportunity for public comment. Notice 
would be published in the Federal Register within 30 days of the 
action.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact 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 (50 CFR 216.103). 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 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 harassment, NMFS considers 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 effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989

[[Page 5567]]

preamble for NMFS's implementing regulations (54 FR 40338; September 
29, 1989), the impacts from other past and ongoing anthropogenic 
activities are incorporated into this analysis via their impacts on the 
environmental baseline (e.g., as reflected in the regulatory status of 
the species, population size and growth rate where known, ongoing 
sources of human-caused mortality, or ambient noise levels).
    To avoid repetition, the discussion of our analyses applies to 
bottlenose dolphins and Atlantic spotted dolphins, given that the 
anticipated effects of this activity on these different marine mammal 
stocks are expected to be similar. There is little information about 
the nature or severity of the impacts, or the size, status, or 
structure of these two species or stocks that would lead to a different 
analysis for this activity.
    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. 
Because the exposure model was conservative and calculated a single 
bottlenose dolphin death, along with the fact that the required 
mitigation and monitoring measures were not incorporated into the 
model, NMFS does not anticipate or propose to authorize any take by 
mortality. The takes from Level B harassment would be due to 
disturbance of normal behavioral patterns and TTS, as duration of 
exposure is relatively short. The potential takes from Level A 
harassment would be due to PTS and slight lung injury (not 
gastrointestinal tract injury).
    NMFS has determined that direct strike by ordnance is highly 
unlikely. Although strike from a munition at the surface of the water 
while the animals are at the surface is possible, the potential risk of 
a direct hit to an animal within the target area would be low. The USAF 
(2002 PEA) estimated that in the absence of mitigation a maximum of 0.2 
marine mammals could potentially be struck by projectiles, falling 
debris, and inert munitions each year.
    Disruption of normal behavioral patterns constituting Level B 
harassment would be limited to reactions such as startle responses, 
movements away from the area, and short-term changes to behavioral 
state. These impacts are expected to be temporary and of limited 
duration due to the likely avoidance of the action area by marine 
mammals, short period of individual explosions themselves (versus 
continual sound source operation), and relatively short duration of the 
EGTTR operations (i.e. ranging from a few minutes to no more than four 
hours per day depending on the mission category).
    Level B harassment in the form of TTS was modeled to occur in both 
species for which take is authorized. If TTS occurs, it is expected to 
be at low levels and of short duration. As explained previously, TTS is 
temporary with no long-term effects to species. The modeled take 
numbers are expected to be overestimates because NMFS expects that 
successful implementation of the required aerial-based, vessel-based 
and video-based mitigation measures could avoid TTS. Furthermore, 
monitoring results from previous incidental take authorizations have 
demonstrated that it is uncommon to sight marine mammals within the 
ZOI, especially for prolonged durations. Results from monitoring 
programs associated with Eglin AFB's 2015 and 2016 Maritime WSEP 
activities have shown the absence of marine mammals within the ZOI 
during operations.
    NMFS expects that successful implementation of the required aerial-
based, vessel-based and video-based mitigation measures would avoid or 
reduce take by Level A harassment in some instances. Marine mammals 
would likely begin to move away from the immediate target area once 
bombing begins, decreasing exposure to the full amount of acoustic 
energy. There have also been no marine mammal observations in the ZOI 
according to monitoring reports from previous years. Therefore, we 
anticipate that, because of the mitigation measures, low observation 
rate of marine mammals in the target area, and the likely limited 
duration of exposures, any PTS incurred would be in the form of only a 
small degree of PTS, rather than total deafness.
    Other than for mortality, the take numbers authorized by NMFS do 
not consider mitigation or avoidance. Therefore, NMFS expects that 
Level A harassment is unlikely to occur at the authorized numbers. 
However, since it is difficult to quantify the degree to which the 
mitigation and avoidance will reduce the number of animals that might 
incur Level A harassment (i.e. PTS, slight lung injury), NMFS proposes 
to authorize take by Level A harassment at the numbers derived from the 
exposure model and has included that potential amount of take in our 
analysis. Moreover, the mitigation and monitoring measures required 
under the Authorization (described earlier in this document) are 
expected to further minimize the potential for both Level A and Level B 
harassment.
    Impacts to habitat are not anticipated. Noise and pressure waves 
resulting from live weapon detonations are not likely to result in 
long-term physical alterations of the water column or ocean floor. 
These effects are not expected to substantially affect prey 
availability, are of limited duration, and are intermittent. Impacts to 
marine fish were analyzed in the Eglin Gulf Test and Training Range 
Environmental Assessment (Department of the Air Force, 2015). In the 
EA, it was determined that fish populations were unlikely to be 
affected and prey availability for marine mammals would not be 
impaired. Other factors related to EGTTR activities that could 
potentially affect marine mammal habitat include the introduction of 
metals, explosives and explosion by-products, other chemical materials, 
and debris into the water column and substrate due to the use of 
munitions and target vessels. However, the effects of each were 
analyzed in the EA and were determined to not be significant.
    While animals may be impacted in the immediate vicinity of the 
target area, because of the short duration of the actual individual 
explosions themselves (versus continual sound source operation) 
combined with the relatively short duration of daily operations (i.e. 
ranging from a few minutes to no more than four hours per day depending 
on the mission category), NMFS has determined that there will not be a 
substantial impact on marine mammals or their habitat in Gulf of Mexico 
ecosystems in the EGTTR. We do not expect that the planned 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 activity will 
not occur in areas (and/or times) of significance for the marine mammal 
populations potentially affected by the exercises (e.g., feeding, 
resting, or reproductive areas), and the activities will 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 planned activity could result in Level A (PTS and slight 
lung injury) and Level B (behavioral disturbance and TTS of lesser 
degree and shorter duration) 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 relatively short-term and site-specific 
nature of the activity. Furthermore, we do not anticipate that

[[Page 5568]]

the effects would be detrimental to rates of recruitment and survival 
because we do not expect serious extended behavioral responses that 
would result in energetic effects at the level to impact fitness or 
physiological impacts of a nature that would impede reproduction or 
survival.
    In summary and as described above, the following factors primarily 
support our determination that the impacts resulting from this activity 
are not expected to adversely affect the species or stock through 
effects on annual rates of recruitment or survival:
     No mortality is anticipated or authorized and only 11 
instances of Level A harassment are authorized. Remaining impacts would 
be within the non-injurious TTS or behavioral effects zones (Level B 
harassment consisting of generally temporary modifications in 
behavior);
     Effectiveness of mitigation and monitoring requirements 
which are designed and expected to avoid exposures that may cause 
serious injury and minimize the likelihood of PTS, TTS, or more severe 
behavioral responses;
     Adverse impacts to habitat are not expected; and
     Results from previous monitoring reports did not record 
any marine mammal takes associated with military readiness activities 
occurring in the EGTTR.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the monitoring and mitigation 
measures, NMFS finds that the total marine mammal take from the planned 
activity will have a negligible impact on all affected marine mammal 
species or stocks.

Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species implicated by this action. Therefore, NMFS has 
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)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. No incidental take of ESA-listed marine mammal 
species is authorized or expected to result from the proposed 
activities. Therefore, NMFS has determined that formal consultation 
under section 7 of the ESA is not required for this action.

Classification

    The Office of Management and Budget has determined that this final 
rule is not significant for purposes of Executive Order 12866. This 
rule is not an Executive Order 13771 regulatory action because this 
rule is not significant under Executive Order 12866.
    Pursuant to the Regulatory Flexibility Act (RFA), the Chief Counsel 
for Regulation of the Department of Commerce certified to the Chief 
Counsel for Advocacy of the Small Business Administration at the 
proposed rule stage that this rule would not have a significant 
economic impact on a substantial number of small entities. Eglin AFB is 
the sole entity that would be affected by this rulemaking, and Eglin 
AFB is not a small governmental jurisdiction, small organization, or 
small business, as defined by the RFA. Because this action directly 
affects Eglin AFB and not a small entity, NMFS concluded the action 
will not result in a significant economic impact on a substantial 
number of small entities. No comments were received regarding this 
certification. As a result, a regulatory flexibility analysis is not 
required and none has been prepared.
    The Assistant Administrator for Fisheries has determined that there 
is good cause under the Administrative Procedure Act to waive the 30-
day delay in the effective date (5 U.S.C. 553(d)(3)) of the measures 
contained in the final rule. The USAF is the only entity subject to the 
regulations, and it has informed NMFS that it requests that this final 
rule take effect by February 13, 2018, to accommodate a USAF testing 
and training exercise planned for that day in the EGTTR. Any delay of 
enacting the final rule would result in either: (1) A suspension of 
planned naval training, which would disrupt vital training essential to 
national security; or (2) the USAF's procedural non-compliance with the 
MMPA (should the USAF conduct testing and training without an LOA), 
thereby resulting in the potential for unauthorized takes of marine 
mammals. Moreover, the USAF is ready to implement the rule immediately. 
For these reasons, the Assistant Administrator finds good cause to 
waive the 30-day delay in the effective date.

List of Subjects in 50 CFR Part 218

    Exports, Fish, Imports, Incidental take, Indians, Labeling, Marine 
mammals, Penalties, Reporting and recordkeeping requirements, Seafood, 
Transportation.

    Dated: February 5, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For reasons set forth in the preamble, 50 CFR part 218 is amended 
as follows:

PART 218--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

0
1. The authority citation for part 218 is revised to read as follows:

    Authority:  16 U.S.C. 1361 et seq., unless otherwise noted.

0
2. Add subpart G to part 218 to read as follows:
Subpart G--Taking of Marine Mammals Incidental to Testing and Training 
Activities Conducted at the Eglin Gulf Test and Training Range in the 
Gulf of Mexico
Sec.
218.60 Specified activity and specified geographical region.
218.61 Effective dates.
218.62 Permissible methods of taking.
218.63 Prohibitions.
218.64 Mitigation requirements.
218.65 Requirements for monitoring and reporting.
218.66 Letters of Authorization.
218.67 Renewals and modifications of Letters of Authorization.
218.68-218.69 [Reserved]

Subpart G--Taking of Marine Mammals Incidental to Testing and 
Training Activities Conducted at the Eglin Gulf Test and Training 
Range in the Gulf of Mexico


Sec.  218.60  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to Eglin Air Force Base 
(Eglin AFB) and those persons it authorizes to conduct activities on 
its behalf, for the taking of marine mammals as outlined in paragraph 
(b) of this section and incidental to testing and training missions in 
the Eglin Gulf Test and Training Range (EGTTR).
    (b) The taking of marine mammals by Eglin AFB pursuant to a Letter 
of Authorization (LOA) is authorized only if it occurs at the EGTTR in 
the Gulf of Mexico.

[[Page 5569]]

Sec.  218.61   Effective dates.

    Regulations in this subpart are effective February 13, 2018 through 
February 12, 2023.


Sec.  218.62  Permissible methods of taking.

    Under a Letter of Authorization (LOA) issued pursuant to Sec.  
216.106 of this chapter and Sec.  218.66, the Holder of the LOA (herein 
after Eglin AFB) may incidentally, but not intentionally, take marine 
mammals by Level A and Level B harassment associated with EGTTR 
activities within the area described in Sec.  218.60 provided the 
activities are in compliance with all terms, conditions, and 
requirements of these regulations in this subpart and the appropriate 
LOA.


Sec.  218.63  Prohibitions.

    Notwithstanding takings contemplated in Sec.  218.60 and authorized 
by an LOA issued under Sec.  216.106 of this chapter and Sec.  218.66, 
no person in connection with the activities described in Sec.  218.60 
may:
    (a) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or an LOA issued under Sec.  216.106 of 
this chapter and Sec.  218.66.
    (b) Take any marine mammal not specified in such LOAs;
    (c) Take any marine mammal specified in such LOAs in any manner 
other than as specified;
    (d) Take a marine mammal specified in such LOAs if NMFS determines 
such taking results in more than a negligible impact on the species or 
stocks of such marine mammal; or


Sec.  218.64   Mitigation requirements.

    When conducting activities identified in Sec.  218.60, the 
mitigation measures contained in the LOA issued under Sec.  216.106 of 
this chapter and Sec.  218.66 must be implemented. These mitigation 
measures shall include but are not limited to the following general 
conditions:
    (a) If daytime weather and/or sea conditions preclude adequate 
monitoring for detecting marine mammals and other marine life, EGTTR 
operations must be delayed until adequate sea conditions exist for 
monitoring to be undertaken.
    (b) Restrictions on time of activities.
    (1) Missions involving the use of live bombs, missiles and rockets 
shall only occur during daylight hours.
    (2) Missions during daylight hours shall occur no earlier than two 
hours after sunrise and no later than two hours prior to sunset.
    (c) Required delay of live ordnance mission activities shall occur 
if a protected species, large schools of fish or large flocks of birds 
feeding at the surface are observed within the ZOI. Mission activities 
cannot resume until one of the following conditions is met:
    (1) Protected species marine mammal(s) is confirmed to be outside 
of the ZOI on a heading away from the target area; or
    (2) Protected species marine mammal(s) is not seen again for 30 
minutes and presumed to be outside the Level A harassment ZOI.
    (3) Large groupings of fish or birds leading to required delay are 
confirmed outside of the ZOI.
    (d) Gunnery operations shall require employment of the following 
mitigation measures.
    (1) Use of 105-millimeter (mm) training rounds (TR) during 
nighttime missions.
    (2) Ramp-up procedures requiring the use of the lowest caliber 
munition and proceeding to the highest, which means the munitions would 
be fired in the order of 25 mm, 40 mm, and 105 mm.
    (3) Any pause in live fire activities greater than 10 minutes shall 
require reinitiation of protected species surveys.
    (4) Missions shall be conducted within the 200-meter (m) isobaths 
to provide greater protection to several species.
    (e) If one or more sperm or baleen whales are detected during pre-
mission monitoring activities, mission activities shall be aborted/
suspended for the remainder of the day.
    (f) Additional mitigation measures as contained in an LOA.


Sec.  218.65  Requirements for monitoring and reporting.

    (a) Holders of LOAs issued pursuant to Sec.  218.66 for activities 
described in Sec.  218.60(a) are required to cooperate with NMFS, and 
any other Federal, state, or local agency with authority to monitor the 
impacts of the activity on marine mammals. If the authorized activity 
identified in Sec.  218.60(a) is thought to have resulted in the 
mortality or injury of any marine mammals or take of marine mammals not 
identified in Sec.  218.60(b), then the Holder of the LOA must notify 
the Director, Office of Protected Resources, NMFS, or designee, by 
telephone (301) 427-8401, and the Southeast Regional Office (phone 
within 24 hours of the injury or death).
    (b) Monitoring shall be conducted by personnel who have completed 
Eglin's Marine Species Observer Training Course, which was developed in 
cooperation with the National Marine Fisheries Service.
    (c) The Holder of the LOA shall use mission-reporting forms to 
track their use of the EGTTR for testing and training missions and to 
track marine mammal observations.
    (d) Depending on the mission category, visual aerial-based, vessel-
based, or video-based marine mammal surveys shall be conducted before 
and after live ordnance mission activities each day.
    (e) Vessel-based surveys shall begin approximately one and one-half 
hour prior to live weapon deployment and shall be completed 30 minutes 
prior to the start of mission.
    (f) Surveys shall continue for approximately one hour or until the 
entire ZOI has been adequately surveyed, whichever comes first.
    (g) Post-mission monitoring surveys shall commence once the mission 
has ended or as soon as the mission area is declared safe.
    (h) Vessel-based post-mission surveys shall be conducted for 30 
minutes after completion of live ordnance missions.
    (i) Any marine mammals detected in the ZOI during post-mission 
surveys, for which take are authorized, shall be counted as takes by 
Level B harassment. Any marine mammals detected in the ZOI during post-
mission surveys, for which take is not authorized, shall be reported 
immediately to the Office of Protected Resources, NMFS.
    (j) A minimum of two dedicated observers shall be stationed on each 
vessel.
    (k) Observers shall utilize optical equipment with sufficient 
magnification to allow observation of surfaced animals.
    (l) The size of the survey area for each mission shall be 
determined according to the radius of impact for the given threshold of 
each munition/detonation scenario. These ranges shall be monitored 
during pre-mission surveys for each activity.
    (m) Some missions shall be delayed to allow survey platforms to 
evacuate the human safety zone after pre-missions surveys are 
completed.
    (n) Any aerial-based pre-mission surveys shall be conducted by 
observers aboard non-mission aircraft or mission aircraft who have 
completed the Marine Species Observer Training.
    (o) Gunship standard procedures initiated prior to initiation of 
live-firing events shall require at least two complete orbits around 
the survey mission site at the appropriate airspeed and monitoring 
altitude and include the following:
    (1) Monitoring for marine mammals shall continue throughout the 
mission by mission crew;
    (2) Where applicable aircraft optical and electronic sensors shall 
be used for marine mammal observation;

[[Page 5570]]

    (3) If any marine mammals are detected during pre-mission surveys 
or during the mission, activities shall be immediately halted until the 
ZOI area is clear of all marine mammals, or the mission shall be 
relocated to another target area. If the mission is relocated, the pre-
mission survey procedures shall be repeated;
    (4) If multiple firing missions are conducted within the same 
flight, standard clearance procedures shall precede each mission; and
    (5) Gunship crews shall conduct a post-mission survey beginning at 
the operational altitude and proceeding through a spiraling descent to 
the designated monitoring altitude.
    (p) Video-based monitoring from the GRATV shall be conducted where 
appropriate via live high-definition video feed.
    (1) Supplemental video monitoring shall be conducted through the 
employment of additional aerial assets including aerostats and drones 
when available.
    (2) [Reserved]
    (q) Acoustic Monitoring:
    (1) Eglin AFB shall conduct a passive acoustic monitoring (PAM) 
study as an initial step towards understanding acoustic impacts from 
underwater detonations, if funding is approved;
    (2) Eglin AFB shall conduct PAM for marine mammal vocalizations 
before, during, and after live missions in the EGTTR, once funding is 
approved; and
    (3) The results of the PAM study shall be submitted to NMFS OPR as 
a draft monitoring report within 90 days of completion of the study.
    (r) The Holder of the LOA is required to:
    (1) Submit an annual draft report to NMFS OPR on all monitoring 
conducted under the LOA within 90 days of the completion of marine 
mammal monitoring, or 60 days prior to the issuance of any subsequent 
LOA for projects at the EGTTR, whichever comes first. A final report 
shall be prepared and submitted within 30 days following resolution of 
comments on the draft report from NMFS. This report must contain, at a 
minimum, the following information:
    (i) Date and time of each EGTTR mission;
    (ii) A complete description of the pre-mission and post-mission 
activities related to mitigating and monitoring the effects of EGTTR 
missions on marine mammal populations; and
    (iii) Results of the monitoring program, including numbers by 
species/stock of any marine mammals noted injured or killed as a result 
of the EGTTR mission and number of marine mammals (by species if 
possible) that may have been harassed due to presence within the zone 
of influence.
    (2) The draft report shall be subject to review and comment by 
NMFS. Any recommendations made by NMFS must be addressed in the final 
report prior to acceptance by NMFS. The draft report shall be 
considered the final report for this activity under the LOA if NMFS has 
not provided comments and recommendations within 90 days of receipt of 
the draft report.
    (s) Reporting injured or dead marine mammals:
    (1) In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the LOA, 
such as an injury for species not authorized (Level A harassment), 
serious injury, or mortality, Eglin AFB shall immediately cease the 
specified activities and report the incident to the Office of Protected 
Resources, NMFS, and the Southeast Regional Office, NMFS. The report 
must include the following information:
    (i) Time and date of the incident;
    (ii) Description of the incident;
    (iii) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    (iv) Description of all marine mammal observations in the 24 hours 
preceding the incident;
    (v) Species identification or description of the animal(s) 
involved;
    (vi) Fate of the animal(s); and
    (vii) Photographs or video footage of the animal(s).
    (2) Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with Eglin AFB to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Eglin AFB may not 
resume their activities in the EGTTR until notified by NMFS.
    (3) In the event that Eglin AFB discovers an injured or dead marine 
mammal, and the lead observer determines that the cause of the injury 
or death is unknown and the death is relatively recent (e.g., in less 
than a moderate state of decomposition), Eglin AFB shall immediately 
report the incident to the Office of Protected Resources, NMFS, and the 
Southeast Regional Office, NMFS. The report must include the same 
information identified in paragraph (p)(1) of this section. Activities 
may continue while NMFS reviews the circumstances of the incident. NMFS 
shall work with Eglin AFB to determine whether additional mitigation 
measures or modifications to the activities are appropriate.
    (4) In the event that Eglin AFB discovers an injured or dead marine 
mammal, and the lead observer determines that the injury or death is 
not associated with or related to the activities authorized in the LOA 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, scavenger damage), Eglin AFB shall report the incident 
to the Office of Protected Resources, NMFS, and the Southeast Regional 
Office, NMFS, within 24 hours of the discovery. Eglin AFB shall provide 
photographs or video footage or other documentation of the stranded 
animal sighting to NMFS.
    (5) Additional Conditions:
    (i) The Holder of the LOA must inform the Director, Office of 
Protected Resources, NMFS, (301-427-8401) or designee prior to the 
initiation of any changes to the monitoring plan for a specified 
mission activity.
    (ii) A copy of the LOA must be in the possession of the safety 
officer on duty each day that EGTTR missions are conducted.
    (iii) The LOA may be modified, suspended or withdrawn if the holder 
fails to abide by the conditions prescribed herein, or if NMFS 
determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.


Sec.  218.66  Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, Eglin AFB must apply for and obtain an LOA.
    (b) An LOA, unless suspended or revoked, may be effective for a 
period of time not to exceed the expiration date of these regulations.
    (c) If an LOA expires prior to the expiration date of these 
regulations, Eglin AFB must apply for and obtain a renewal of the LOA.
    (d) In the event of projected changes to the activity or to 
mitigation and monitoring measures required by an LOA, Eglin AFB must 
apply for and obtain a modification of the LOA as described in Sec.  
218.67.
    (e) The LOA shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Number of marine mammals, by species and age class, authorized 
to be taken;
    (3) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species of marine mammals authorized for taking, on 
its habitat, and on the availability of the species for subsistence 
uses; and
    (4) Requirements for monitoring and reporting.

[[Page 5571]]

    (f) Issuance of an LOA shall be based on a determination that the 
level of taking shall be consistent with the findings made for the 
total taking allowable under these regulations.
    (g) Notice of issuance or denial of an LOA shall be published in 
the Federal Register within 30 days of a determination.


Sec.  218.67  Renewals and modifications of Letters of Authorization.

    (a) An LOA issued under Sec.  216.106 of this chapter and Sec.  
218.66 for the activity identified in Sec.  218.60(a) shall be renewed 
or modified upon request by the applicant, provided that:
    (1) The specified activity and mitigation, monitoring, and 
reporting measures, as well as the anticipated impacts, are the same as 
those described and analyzed for these regulations (excluding changes 
made pursuant to the adaptive management provision in paragraph (c)(1) 
of this section); and
    (2) NMFS determines that the mitigation, monitoring, and reporting 
measures required by the previous LOA under these regulations were 
implemented.
    (b) For an LOA modification or renewal request by the applicant 
that includes changes to the activity or the mitigation, monitoring, or 
reporting (excluding changes made pursuant to the adaptive management 
provision in paragraph (c)(1) of this section) that do not change the 
findings made for the regulations or result in no more than a minor 
change in the total estimated number of authorized takes (or 
distribution by species or years), NMFS may publish a notice of 
proposed LOA in the Federal Register, including the associated analysis 
illustrating the change, and solicit public comment before issuing the 
LOA.
    (c) An LOA issued under Sec.  216.106 of this chapter and Sec.  
218.66 for the activity identified in Sec.  218.60(a) may be modified 
by NMFS under the following circumstances:
    (1) Adaptive Management--NMFS may modify (including augment) the 
existing mitigation, monitoring, or reporting measures (after 
consulting with Eglin AFB regarding the practicability of the 
modifications) if doing so creates a reasonable likelihood of more 
effectively accomplishing the goals of the mitigation and monitoring 
set forth in the preamble for these regulations;
    (2) Possible sources of data that could contribute to the decision 
to modify the mitigation, monitoring, or reporting measures in an LOA 
are:
    (i) Results from Eglin AFB's annual monitoring reports;
    (ii) Results from other marine mammal and sound research or 
studies; or
    (iii) Any information that reveals marine mammals may have been 
taken in a manner, extent or number not authorized by these regulations 
or subsequent LOAs.
    (3) If, through adaptive management, the modifications to the 
mitigation, monitoring, or reporting measures are substantial, NMFS 
will publish a notice of proposed LOA in the Federal Register and 
solicit public comment.
    (4) Emergencies--If NMFS determines that an emergency exists that 
poses a significant risk to the well-being of the species or stocks of 
marine mammals specified under LOAs issued pursuant to Sec.  216.106 of 
this chapter and Sec.  218.60, an LOA may be modified without prior 
notice or opportunity for public comment. Notice would be published in 
the Federal Register within 30 days of the action.


Sec. Sec.  218.68-218.69  [Reserved]

[FR Doc. 2018-02511 Filed 2-7-18; 8:45 am]
 BILLING CODE 3510-22-P