13264 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 218 

[Docket No. 131119976–5119–02] 

RIN 0648–BD79 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to U.S. Marine Corps 

Training Exercises at Brant Island 

Bombing Target and Piney Island 

Bombing Range, USMC Cherry Point 

Range Complex, North Carolina 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: Upon application from the 

U.S. Marine Corps (Marine Corps), 

NMFS is issuing regulations per the 

Marine Mammal Protection Act 

(MMPA) to govern the unintentional 

taking of marine mammals, incidental to 

training operations at the Brant Island 

Bombing Target (BT–9) and Piney Island 

Bombing Range (BT–11) located within 

the Marine Corps’ Cherry Point Range 

Complex in Pamlico Sound, North 

Carolina from March 2015 to March 

2020. These regulations allow NMFS to 

issue a Letter of Authorization (LOA) for 

the incidental take of marine mammals 

during the Marine Corps’ specified 

activities and timeframes, 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. 

DATES: Effective March 13, 2015 through 

March 12, 2020. 

ADDRESSES: An electronic copy of the 

application, our 2015 Environmental 

Assessment, the Marine Corps’ 2009 

Environmental Assessment, and our 

Finding of No Significant Impact 

(FONSI) are available on the following 

Web site at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental/military.htm. The 

public may also view documents cited 

in this final rule, by appointment, 

during regular business hours at 1315 

East West Highway, Silver Spring, MD, 

20910. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, National Marine 

Fisheries Service, Office of Protected 

Resources, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

This regulation, under the Marine 

Mammal Protection Act (MMPA; 16 

U.S.C. 1361 et seq.), establishes a 

framework for authorizing the take of 

marine mammals incidental to the 

Marine Corps’ military training 

operations at the Brant Island Bombing 

Target (BT–9) and Piney Island Bombing 

Range (BT–11) located within the 

Marine Corps’ Cherry Point Range 

Complex in Pamlico Sound, North 

Carolina. 

The Marine Corps conducts military 

training to meet its statutory 

responsibility to organize, train, equip, 

and maintain combat-ready forces. The 

Marine Corps training activities include 

air-to-ground weapons delivery, 

weapons firing, and water-based 

training occurring at the BT–9 and BT– 

11 bombing targets located within the 

Marine Corps’ Cherry Point Range 

Complex in Pamlico Sound, North 

Carolina. The Marine Corps’ training 

activities are military readiness 

activities under the MMPA as defined 

by the National Defense Authorization 

Act for Fiscal Year 2004 (NDAA; Public 

Law 108–136). 

Purpose and Need for this Regulatory 

Action 

NMFS received an application from 

the Marine Corps requesting 5-year 

regulations and one 5-year Letter of 

Authorization to take marine mammals, 

specifically bottlenose dolphins 

(Tursiops truncatus), by harassment, 

injury, and mortality incidental to 

training operations at BT–9 and BT–11 

bombing targets. NMFS has determined 

that these operations, which constitute 

a military readiness activity, have the 

potential to cause behavioral 

disturbance and injury to marine 

mammals. 

Section 101(a)(5)(A) of the MMPA 

directs the Secretary of Commerce 

(Secretary) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region 

if, after notice and public comment, the 

agency makes certain findings and 

issues regulations. 

This regulation would establish a 

framework to authorize the take of 

marine mammals incidental to the 

Marine Corps’ training exercises 

through NMFS’ issuance of one 5-year 

Letter of Authorization to the Marine 

Corps, which would contain mitigation, 

monitoring, and reporting requirements. 

Legal Authority for the Regulatory 

Action 

Section 101(a)(5)(A) of the MMPA and 

our implementing regulations at 50 CFR 

part 216, subpart I provide the legal 

basis for issuing the 5-year regulations 

and subsequent Letter of Authorization. 

In the case of military readiness 

activities, such as those proposed to be 

conducted by the Marine Corps, the 

specified geographical region and small 

numbers provisions of section 

101(a)(5)(A) do not apply. 

Summary of Major Provisions Within 

the Final Regulation 

The following provides a summary of 

some of the major provisions within this 

rulemaking for the Marine Corps’ 

training exercises at Brant Island 

Bombing Target—BT–9 and Piney 

Island Bombing Range—BT–11 in 

Pamlico Sound, North Carolina. First, 

this final rulemaking authorizes take by 

harassment and injury only; it does not 

authorize take by mortality. Second, 

NMFS has determined that the Marine 

Corps’ adherence to the proposed 

mitigation, monitoring, and reporting 

measures would achieve the least 

practicable adverse impact on the 

affected marine mammals. These 

measures include: 

• Required pre- and post-exercise 

monitoring of the training areas to 

detect the presence of marine mammals 

during training exercises. 

• Required monitoring of the training 

areas during active training exercises 

with required suspensions/delays of 

training activities if a marine mammal 

enters within any of the designated 

mitigation zones. 

• Required reporting of stranded or 

injured marine mammals in the vicinity 

of the BT–9 and BT–11 bombing targets 

located within the Marine Corps’ Cherry 

Point Range Complex in Pamlico Sound, 

North Carolina to the NMFS Marine 

Mammal Stranding Network. 

• Required research on a real-time 

acoustic monitoring system to automate 

detection of bottlenose dolphins in the 

training areas. 

Cost and Benefits 

This final rule, specific only to the 

Marine Corps’ training activities in BT– 

9 and BT–11 bombing targets, is not 

significant under Executive Order 

12866–Regulatory Planning and Review. 

Availability of Supporting Information 

In 2009, the Marine Corps prepared 

an Environmental Assessment (EA) 

titled, ‘‘Environmental Assessment 

MCAS Cherry Point Range Operations,’’ 

in accordance with the National 

Environmental Policy Act (NEPA; 42 


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U.S.C. 4321 et seq.) and the regulations 

published by the Council on 

Environmental Quality. The EA is 

available at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental/military.htm. In 

2009, the Marine Corps issued a Finding 

of No Significant Impact (FONSI) for its 

activities, which is also available at the 

same internet address. 

After evaluating the Marine Corps’ 

application and the 2009 EA, NMFS 

determined that there were changes to 

the proposed action (i.e., increased 

ammunitions levels) and new 

environmental impacts (i.e., the use of 

revised thresholds for estimating 

potential impacts on marine mammals 

from explosives) not addressed in the 

2009 EA. In 2015, NMFS conducted a 

new analysis per NEPA, augmenting the 

information contained in the Marine 

Corps’ 2009 EA, on the issuance of a 

MMPA rulemaking and subsequent 

LOA. In February 2015, NMFS 

determined that the issuance of this 

regulation and subsequent LOA would 

not have a significant effect on the 

quality of the human environment and 

issued a FONSI. In February 2015, the 

Marine Corps issued a new FONSI for 

their activities under the MMPA 

regulations and subsequent LOA. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(A) of the MMPA 

directs the Secretary to allow, upon 

request, the incidental, but not 

intentional taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if, after notice and 

public review, NMFS makes certain 

findings and issues regulations. 

NMFS shall grant authorization for 

the incidental takings if the agency finds 

that the total taking will have a 

negligible impact on the species or 

stock(s), and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). 

Further, the authorization for incidental 

takings must set forth the permissible 

methods of taking; other means of 

effecting the least practicable adverse 

impact on the species or stock and its 

habitat; and requirements pertaining to 

the mitigation, monitoring, and 

reporting of such taking. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as ‘‘an 

impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival.’’ 

The National Defense Authorization 

Act of 2004 (NDAA; Pub. L. 108–136) 

removed the ‘‘small numbers’’ and 

‘‘specified geographical region’’ 

limitations indicated earlier and 

amended the definition of harassment as 

it applies to a ‘‘military readiness 

activity’’ to read as follows: (i) Any act 

that injures or has the significant 

potential to injure a marine mammal or 

marine mammal stock in the wild [Level 

A Harassment]; or (ii) any act that 

disturbs or is likely to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of natural 

behavioral patterns, including, but not 

limited to, migration, surfacing, nursing, 

breeding, feeding, or sheltering, to a 

point where such behavioral patterns 

are abandoned or significantly altered 

[Level B Harassment]. 

Summary of Request 

On January 28, 2013, NMFS received 

an application from the Marine Corps 

requesting a rulemaking and subsequent 

Letter of Authorization for the take of 

marine mammals incidental to training 

exercises conducted at Brant Island 

Bombing Target (BT–9) and Piney Island 

Bombing Range (BT–11) bombing targets 

at the USMC Cherry Point Range 

Complex located within Pamlico Sound, 

North Carolina. 

On March 29, 2013, per the 

regulations at 50 CFR 216.104(b)(1)(i), 

NMFS began the public review process 

by publishing a Notice of Receipt in the 

Federal Register (78 FR 19224). After 

the close of the public comment period 

and review of comments, NMFS 

published a proposed rule in the 

Federal Register on July 15, 2014 (79 FR 

41373) to authorize the take of marine 

mammals per the Marine Corps’ training 

activities and solicited public 

comments. 

The Marine Corps would conduct 

weapons delivery training exercises (airto-surface and surface-to-surface) at the 

two water-based bombing targets located 

within the Cherry Point Range Complex 

in North Carolina. The military 

readiness activities would occur 

between March 2015 and March 2020, 

year-round, day or night. The Marine 

Corps proposes to use small arms, large 

arms, bombs, rockets, grenades, and 

pyrotechnics for the air-to-surface and 

surface-to-surface training exercises, 

which qualify as military readiness 

activities. NMFS anticipates that take, 

by Level B (behavioral) and Level A 

harassment of individuals of Atlantic 

bottlenose dolphin (Tursiops truncatus) 

would result from the training exercises. 

The regulations would establish a 

framework for authorizing incidental 

take in a 5-year Letter of Authorization 

(LOA) which would authorize the take 

of Atlantic bottlenose dolphins 

(Tursiops truncatus) by Level A and 

Level B (behavioral) harassment only. 

NMFS has issued three one-year 

Incidental Harassment Authorizations to 

the Marine Corps under section 

101(a)(5)(D) of the MMPA for the 

conduct of similar training exercises 

from 2010 to 2014 (75 FR 72807, 

November 26, 2010; 77 FR 87, January 

3, 2012; and 78 FR 42042, July 15, 

2013). The Marine Corps’ last Incidental 

Harassment Authorization expired in 

2014. 

NMFS is committed to the use of the 

best available science in its decision 

making. NMFS uses an adaptive, 

transparent process that allows for both 

timely scientific updates and public 

input into agency decisions regarding 

the use of acoustic research and 

thresholds. NMFS is currently in the 

process of re-evaluating acoustic 

thresholds based on the best available 

science, as well as how NMFS applies 

these thresholds under the MMPA to all 

activity types. This re-evaluation could 

potentially result in changes to the 

acoustic thresholds or their application 

as they apply to future Marine Corps 

training activities at BT–9 and BT–11. 

However, it is important to note that 

while changes in acoustic thresholds 

may affect the enumeration of ‘‘takes,’’ 

they do not necessarily change the 

evaluation of population level effects or 

the outcome of the negligible impact 

analysis. In addition, while acoustic 

criteria may also inform mitigation and 

monitoring decisions, the Marine Corps 

will implement an adaptive 

management program that will address 

new information allowing for the 

modification of mitigation and/or 

monitoring measures as appropriate. 

Description of the Specified Activity 

Overview 

The Marine Corps must meet its 

statutory responsibility to organize, 

train, equip, and maintain combat-ready 

Marine Corps forces at the BT–9 and 

BT–11 bombing targets in Pamlico 

Sound, North Carolina. The bombing 

targets provide unique training 

environments and are of vital 

importance to the readiness of Marine 

Corps forces. 

The types of ordnances proposed for 

use at the BT–9 and BT–11 bombing 

targets include gun ammunition (small 

and large arms), rockets, grenades, 

bombs, and pyrotechnics. Training for 

any activity may occur year-round, day 

or night, with no seasonal restrictions. 

Active sonar is not a component of these 

specified training exercises. 


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Dates and Duration 

The Marine Corps’ activities would 

occur between March 2015 and March 

2020. Each type of training exercise 

described in more detail later in this 

rule may occur year-round, day or night. 

Approximately 15 percent of the 

activities would occur at night. 

NMFS notes that the proposed rule in 

the Federal Register (79 FR 41373, July 

15, 2014) discussed that the Marine 

Corps’ activities would occur in a fiveyear period between September 2014 

and September 2019. Although the dates 

have changed between the proposed 

rule and the final rule, the underlying 

analysis occurs on an annual basis and 

accounts for seasonal variation (winter 

and spring) over a five-year span. 

Location of Proposed Activities 

The Marine Corps administers and 

uses the BT–9 and BT–11 bombing 

targets (See Figure 1), located at the 

convergence of the Neuse River and 

Pamlico Sound, North Carolina, for the 

purpose of training military personnel 

in the skill of ordnance delivery by 

aircraft and small watercraft. 

The BT–9 area is a water-based 

bombing target and mining exercise area 

located approximately 52 kilometers 

(km) (32.3 miles (mi)) northeast of 

Marine Air Corps Station Cherry Point. 

The U.S. Army Corps of Engineers, 

Wilmington District has defined a 

danger zone (prohibited area) by a 6 

statute-mile (sm) diameter boundary 

around BT–9 (33 CFR 334.420). This 

restriction prohibits non-military 

vessels within the designated area. The 

BT–9 target area ranges in depth from 

1.2 to 6.1 meters (m) (3.9 to 20 feet (ft)), 

with the shallow areas concentrated 

along the Brandt Island Shoal. The 

target itself consists of three ship hulls 

grounded on Brant Island Shoals, 

located approximately 4.8 km (3.0 mi) 

southeast of Goose Creek Island. 

The BT–11 area encompasses a total 

of 50.6 square kilometers (km2) (19.5 

square miles (mi2)) on Piney Island 

located in Carteret County, NC. The 

target prohibited area, at a radius of 1.8 

sm, is roughly centered on Rattan Bay 

and includes approximately 9.3 km2

(3.6 mi2) of water and water depths 

range from 0.3 m (1.0 ft) along the 

shoreline to 3.1 m (10.1 ft) in the center 

of Rattan Bay. Water depths in the 

center of Rattan Bay range from 

approximately 2.4 to 3 m (8 to 10 ft) 

with bottom depths ranging from 0.3 to 

1.5 m (1 to 5 ft) adjacent to the shoreline 

of Piney Island. The BT–11 in-water, 

stationary target consists of a barge and 

patrol boat located in roughly the center 

of Rattan Bay. The Marine Corps also 

use on an intermittent basis for strafing 

at water- and land-based targets, a 

second danger zone, with an inner 

radius of 1.8 sm and outer radius of 2.5 

sm and also roughly centered on Rattan 

Bay. 


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The Marine Corps conducts all inert 

and live-fire exercises at BT–9 and BT– 

11 so that all ammunition and other 

ordnances strike and/or fall on the land 

or water-based targets or within the 

existing danger zones or water restricted 

areas. The Marine Corps would close 

danger zones to the public on an 

intermittent or full-time basis for 

hazardous operations such as target 

practice and ordnance firing. They also 

prohibit or limit public access to water 

restricted areas to provide security for 

government property and/or to protect 

the public from the risks of injury or 

damage that could occur from the 

government’s use of that area (33 CFR 

334.2). Surface danger zones are 

designated areas of rocket firing, target 

practice, or other hazardous operations 

(33 CFR 334.420). The surface danger 

zone (prohibited area) for BT–9 is a 4.8 

km (3.0 mi) radius centered on the south 

side of Brant Island Shoal. The surface 

danger zone for BT–11 is a 2.9 km (1.8 

mi) radius centered on a barge target in 

Rattan Bay. 

Detailed Description of the Activities 

The following sections describe the 

training activities that have the potential 

to affect marine mammals present 

within the BT–9 and BT–11 bombing 

targets. These activities fall into two 

categories based on the ordnance 

delivery method: (1) Surface-to-surface 

gunnery exercises; and (2) air-to-surface 

bombing exercises. 

Surface-to-Surface Exercises 

Gunnery exercises are the only 

category of surface-to-surface activity 

currently conducted within BT–9 or 

BT–11. Surface-to-surface gunnery firing 

exercises typically involve Special Boat 

Team personnel firing munitions from a 

machine gun and 40 mm grenade 


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launchers at a water-based target or 

throwing concussion grenades into the 

water (e.g., not at a specific target) from 

a small boat. The number and type of 

boats used depend on the unit using the 

boat and the particular training mission. 

These include: small unit river craft, 

combat rubber raiding craft, rigid hull 

inflatable boats, and patrol craft. These 

boats may use inboard or outboard, 

diesel or gasoline engines with either 

propeller or water jet propulsion 

systems. 

The Marine Corps propose to use a 

maximum of six boats ranging in size 

from 7.3 to 26 m (24 to 85 ft) to conduct 

surface-to-surface firing activities. Each 

boat would travel between 0 to 20 knots 

(kts) (0 to 23 miles per hour (mph)) with 

an average of two vessels to approach 

and engage the intended targets. The 

boats typically travel in linear paths and 

do not operate erratically. 

Boat sorties would occur in all 

seasons and the number of sorties 

conducted at each range may vary from 

year to year based on training needs and 

worldwide operational tempo. The 

majority of boat sorties at BT–9 originate 

from Marine Corps Air Station Cherry 

Point’s boat docks, but they may also 

originate from the State Port in 

Morehead City, NC, Marine Corps Base 

Camp Lejeune, and U.S. Coast Guard 

Station Hobucken in Pamlico Sound. 

The majority of boat sorties at BT–11 

originate from launch sites within the 

range complex. 

There is no specific schedule 

associated with the use of BT–9 or BT– 

11 by the small boat teams. However, 

the Marine Corps schedules the 

exercises for 5-day blocks with exercises 

at various times throughout the year. 

Variables such as deployment status, 

range availability, and completion of 

crew-specific training requirements 

influence the exercise schedules. Table 

1 in this document outlines the number 

of surface-to-surface exercises that 

occurred between 2011 and 2013 by 

bombing target area. 

TABLE 1—COUNTS OF SURFACE-TOSURFACE SORTIES CONDUCTED IN

CALENDAR YEARS 2011, 2012, AND

2013 IN BT–9 AND BT–11 

Year BT–9 BT–11 

2011 .................. 223 105 

2012 .................. 322 106 

2013 .................. 87 62 

The direct-fire gunnery exercises (i.e., 

all targets are within the line of sight of 

the military personnel) at BT–9 would 

typically use 7.62 millimeter (mm) or 

.50 caliber (cal) machine guns; 40 mm 

grenade machine guns; or G911 

concussion hand grenades. The 

proposed exercises at BT–9 are usually 

live-fire exercises. At times, Marine 

Corps personnel would use blanks (inert 

ordnance) so that the boat crews could 

practice ship-handling skills during 

training without being concerned with 

the safety requirements involved with 

live weapons. 

The Marine Corps estimates that it 

could conduct up to approximately 354 

vessel-based sorties annually at BT–9. 

This estimate includes the highest 

number of sorties conducted during 

2010 through 2013 (322) plus an 

additional 10 percent increase (32) in 

sorties to account for interannual 

variation based on future training needs 

and worldwide operational tempo. 

The direct-fire gunnery exercises at 

BT–11 would include the use of small 

arms, large arms, bombs, rockets, and 

pyrotechnics. All munitions fired 

within the BT–11 range are nonexplosive with the exception of the 

small explosives in the single charges. 

No live firing occurs at BT–11. The 

Marine Corps estimates that it could 

conduct up to approximately 117 vesselbased sorties annually at BT–11. This 

estimate includes the highest number of 

sorties conducted during 2010 through 

2013 (106) plus an additional 10 percent 

increase (11) in sorties to account for 

interannual variation based on future 

training needs and worldwide 

operational tempo. 

Air-to-Surface Exercises 

Air-to-surface training exercises 

involve fixed-, rotary-, or tilt-wing 

aircraft firing munitions at targets on the 

water’s surface or on land (as in the case 

of BT–11). There are four types of airto-surface activities conducted within 

BT–9 and BT–11. They include: Mine 

laying, bombing, gunnery, or rocket 

exercises. Table 2 in this document 

outlines the number of air-to-surface 

exercises that occurred in 2011, 2012, 

and 2013 by bombing target area. 

TABLE 2—COUNTS OF AIR-TO-SURFACE EXERCISES CONDUCTED IN

CALENDAR YEARS 2011, 2012, AND

2013 IN BT–9 AND BT–11 

Year BT–9 BT–11 

2011 .................. 1,554 4,251 

2012 .................. 842 11,706 

2013 .................. 407 1,177 

Total ........... 2,803 17,134 

The Marine Corps estimates that it 

could conduct up to approximately 

1,709 air-based based sorties annually at 

BT–9. This estimate includes the 

highest number of sorties conducted 

during 2010 through 2013 (1,554) plus 

an additional 10 percent increase (155) 

in sorties to account for interannual 

variation based on future training needs 

and worldwide operational tempo. 

For the BT–11 area, the Marine Corps 

estimates that it could conduct up to 

approximately 12,877 air-based based 

sorties annually. This estimate includes 

the highest number of sorties conducted 

during 2010 through 2013 (11,706) plus 

an additional 10 percent increase 

(1,171) in sorties to account for 

interannual variation based on future 

training needs and worldwide 

operational tempo. 

The following sections provide more 

detail on each exercise type that the 

Marine Corps proposes to conduct from 

2015 through 2020. 

Mine Laying Exercises: Aircraft With 

Inert Shapes 

Mine laying exercises are simulations 

only, meaning that mine detonations 

would not occur during training. These 

exercises, regularly conducted at the 

BT–9 bombing target, involve the use of 

fixed-wing aircraft (F/A–18F Hornet 

Strike Fighter, P–3 Orion, or P–8 

Poseidon) flying undetected to the target 

area using either a low- or high-altitude 

tactical flight pattern. When the aircraft 

reaches the target area, the pilot would 

deploy a series of inert mine shapes in 

an offensive or defensive pattern into 

the water. The aircraft would make 

multiple passes along a pre-determined 

flight azimuth dropping one or more of 

the inert shapes each time. 

The mine-laying exercises at BT–9 

would include the use of MK–62, MK– 

63, MK–76, BDU–45, and BDU–48 inert 

training shapes. Each inert shape weighs 

500, 1000, 25, 500, and 10 pounds (lbs), 

respectively. 

Bombing Exercises: Fixed-Wing Aircraft 

With Inert Bombs 

Pilots train to destroy or disable 

enemy ships or boats during bombing 

exercises. These exercises, conducted at 

BT–9 or BT–11, normally involve the 

use of two to four fixed-wing aircraft 

(i.e., an F/A–18F Hornet Strike Fighter 

or AV–8 Harrier II) approaching the 

target area from an altitude of 

approximately 152 m (500 ft) up to 

4,572 m (15,000 ft). When the aircraft 

reach the target area, they establish a 

predetermined racetrack pattern relative 

to the target and deliver the bombs. 

Participating aircraft follow the same 

flight path during subsequent target 

ingress, ordnance delivery, target egress, 

and downwind pattern. The Marine 

Corps uses this type of pattern to ensure 


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that only one aircraft releases ordnance 

at any given time. 

The pilots deliver the bombs against 

targets at BT–9 or BT–11, day or night; 

the average time to complete this type 

of exercise is approximately one hour. 

There is no set level or pattern of 

amount of sorties conducted and there 

are no cluster munitions authorized for 

use during bombing exercises. 

The bombing exercises would 

typically use unguided MK–76, BDU– 

45, MK–82, and MK–83 inert training 

bombs (25, 500, 500, and 1,000 lbs, 

respectively); precision-guided 

munitions consisting of laser-guided 

bombs (inert); and laser-guided training 

rounds (inert, but contains a small 

impact-initiated spotting charge). 

For unguided munitions, the typical 

release altitudes are 914 m (3,000 ft) or 

above 4,572 m (15,000 ft). The typical 

release altitude for precision-guided 

munitions is 1.8 km (1.1 mi) or greater 

in altitude. For laser-guided munitions, 

onboard laser designators, laser 

designators from support aircraft, or 

ground support personnel, use lasers to 

illuminate the certified targets. For 

either weapons delivery system, the 

lowest minimum altitude for ordnance 

delivery (inert bombs) would be 152 m 

(500 ft). 

Gunnery Exercises: Aircraft With 

Cannons 

During air-to-surface gunnery 

exercises with cannons, pilots train to 

destroy or disable enemy ships, boats, or 

floating/near-surface mines from aircraft 

with mounted cannons equal to or larger 

than 20 mm. The Marine Corps 

proposes to use either fixed-wing (F/A– 

18F Hornet Strike Fighter or an AV–8 

Harrier II) or rotary-wing (AH–1 Super 

Cobra), tilt-rotor (V–22), and other 

aircraft to conduct gunnery exercises at 

BT–9 or BT–11. During the exercise (i.e., 

strafing run), two aircraft would 

approach the target area from an altitude 

of approximately 914 m (3,000 ft) and 

within a distance of 1,219 m (4,000 ft) 

from the target, begin to fire a burst of 

approximately 30 rounds of munitions 

before reaching an altitude of 305 m 

(1,000 ft) to break off the attack. Each 

aircraft would reposition for another 

strafing run until each aircraft expends 

its exercise ordnance of approximately 

250 rounds (approximately 8–12 passes 

per aircraft per exercise). This type of 

gunnery exercise would typically use a 

Vulcan M61A1/A2, 20 mm cannon or a 

GAU–12, 25 mm cannon. The Marine 

Corps proposes to use inert munitions 

for these exercises. The aircraft deliver 

the ordnance against targets at BT–9 or 

BT–11, day or night. The average time 

to complete this type of exercise is 

approximately one hour. 

Gunnery Exercises: Aircraft With 

Machine Guns 

During air-to-surface gunnery 

exercises with machine guns, pilots 

train to destroy or disable enemy ships, 

boats, or floating/near-surface mines 

with aircraft using mounted machine 

guns. The Marine Corps proposes to use 

rotary-wing (CH–52 Super Stallion, UH– 

1 Iroquois Huey, CH–46 Sea Knight, 

MV–22 Osprey, or H–60 Hawk series, 

and other types) aircraft to conduct 

gunnery exercises at BT–9 or BT–11. 

During the exercise an aircraft would fly 

around the target area at an altitude 

between 15 and 30 m (50 and 100 ft) in 

a 91 m (300 ft) racetrack pattern around 

the water-based target. Each gunner 

would expend approximately 400 

rounds of 7.62 mm ammunition and 200 

rounds of .50 cal ammunition in each 

exercise. The aircraft deliver the 

ordnance against the bombing targets at 

BT–9 or BT–11, day or night. The 

average time to complete this type of 

exercise is approximately one hour. 

Rocket Exercises 

The Marine Corps proposes to 

conduct rocket exercises similar to the 

bombing exercises. Fixed- and rotarywing aircraft crews would launch 

rockets at surface maritime targets, day 

and night, to train for destroying or 

disabling enemy ships or boats. These 

operations employ 2.75-inch and 5-inch 

rockets (4.8 and 15.0 lbs net explosive 

weight, respectively). Generally, 

personnel would deliver an average of 

approximately 14 rockets per sortie. As 

with the bombing exercises, there is no 

set level or pattern of amount of sorties 

conducted. 

Pyrotechnics 

Pyrotechnics are non-explosive 

devices that use chemical reactions to 

produce heat, light, gas, smoke, and/or 

sound to simulate threat conditions 

during exercises (DoN, 2009). The 

Marine Corps proposes to use chaff, 

LUU–2, LUU–19, MI27 A1-parachute 

flare, self-protection flares, signal 

illuminations, simulated booby traps, 

Smokey Sams, artillery simulators, and 

ground bursts. 

Munitions and Estimated Annual 

Expenditures 

Tables 3 and 4 in this document 

provide a list and expenditure levels of 

the live and inert ordnance proposed for 

use at BT–9 and BT–11, respectively. 

There are several varieties of 

ordnance and net explosive weights (for 

live munition used at BT–9) can vary 

according to type. All practice bombs 

are inert but simulate the same ballistic 

properties of service type bombs. They 

are either solid cast metal bodies or thin 

sheet metal containers. Since practice 

bombs contain no explosive filler, a 

practice bomb signal cartridge (smoke) 

serves as a visual observation of weapon 

target impact. 

When a high explosive detonates, the 

explosive fill within the weapon case 

converts almost instantly into a gas at 

very high pressure and temperature. 

Under the pressure of the gases 

generated, the weapon case expands and 

breaks into fragments. The air 

surrounding the casing compresses and 

transmits a shock (blast) wave. Typical 

initial values for a high-explosive 

weapon are 200 kilobars of pressure (1 

bar = 1 atmosphere) and 5,000 degrees 

Celsius (9,032 degrees Fahrenheit). The 

Marine Corps proposes to use five types 

of explosive sources at BT–9: 2.75-inch 

Rocket High Explosives, 5-inch Rocket 

High Explosives, 30 mm High 

Explosives, 40 mm High Explosives, and 

G911 grenades. All munitions proposed 

for use at BT–11 are inert (not live). 

TABLE 3—TYPE OF ORDNANCE, NET EXPLOSIVE WEIGHT, AND PROPOSED LEVELS OF ANNUAL EXPENDITURES AT BT–9 

Proposed ordnance Net explosive weight in pounds (lbs) 

Proposed 

number of 

rounds 

Small arms excluding .50 cal (7.62 mm) ..................................................................... N/A, inert ................................................... 525,610 

.50 cal ........................................................................................................................... N/A, inert ................................................... 568,515 

Large arms—live (30 mm) ........................................................................................... 0.1019 ....................................................... 3,432 

Large arms—live (40 mm) ........................................................................................... 0.1199 ....................................................... 10,420 

Large arms—inert (20, 25, 30, and 40 mm) ................................................................ N/A ............................................................ 120,405 

Rockets—live (2.75-inch) ............................................................................................. 4.8 ............................................................. 220 

Rockets—live (5-inch) .................................................................................................. 15.0 ........................................................... 68 


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TABLE 3—TYPE OF ORDNANCE, NET EXPLOSIVE WEIGHT, AND PROPOSED LEVELS OF ANNUAL EXPENDITURES AT BT–9— 

Continued 

Proposed ordnance Net explosive weight in pounds (lbs) 

Proposed 

number of 

rounds 

Rockets—inert (2.75-inch rocket, 2.75-inch illumination, 2.75-inch white phosphorus, 2.75-inch red phosphorus; 5-inch rocket, 5-inch illumination, 5-inch white 

phosphorus, 5-inch red phosphorus ).

N/A ............................................................ 844 

Grenades—live (G911) ................................................................................................ 0.5 ............................................................. 144 

Bombs—inert (BDU–45 practice bomb, MK–76 practice bomb, MK–82 practice 

bomb, MK–83 practice bomb).

0.083800—0.1676 signal cartridge only ... 4,460 

Pyrotechnics—inert (chaff, LUU–2, self-protection flares) ........................................... N/A ............................................................ 4,496 

TABLE 4—TYPE OF ORDNANCE, NET EXPLOSIVE WEIGHT, AND PROPOSED LEVELS OF ANNUAL EXPENDITURES AT BT–11 

Proposed ordnance Net explosive weight in pounds (lbs) 

Proposed 

number of 

rounds 

Small arms excluding .50 cal (7.62 mm) ..................................................................... N/A, inert ................................................... 610,957 

.50 cal ........................................................................................................................... N/A, inert ................................................... 366,775 

Large arms—inert (20, 25, 30, and 40 mm) ................................................................ N/A ............................................................ 240,334 

Rockets—inert (2.75-inch rocket, 2.75-inch illumination, 2.75-inch white phosphorus, 2.75-inch red phosphorus; 5-inch rocket, 5-inch illumination, 5-inch white 

phosphorus, 5-inch red phosphorus ).

N/A ............................................................ 5,592 

Bombs—inert (BDU–45 practice bomb, MK–76 practice bomb, MK–82 practice 

bomb, MK–83 practice bomb).

0.083800—0.1676 signal cartridge only ... 22,114 

Pyrotechnics—inert (chaff, LUU–2, self-protection flares, SMD SAMS) ..................... N/A ............................................................ 8,912 

The Marine Corps estimates that the 

5-year level of expended ordnance at 

BT–9 and BT–11 (both surface-tosurface and air-to-surface) would be 

approximately 6,193,070 and 6,273,420 

rounds, respectively. The approximate 

annual quantities of ordnance listed in 

Tables 3 and 4 represent conservative 

figures, meaning that the volume of each 

type of inert and explosive ordnance 

proposed is the largest number that 

personnel could expend annually. 

The Marine Corps realizes that its 

evolving training programs, linked to 

real world events, necessitate flexibility 

regarding the amounts of ordnance used 

in air-to-surface and surface-to-surface 

exercises. Thus, this rule would account 

for inter-annual variability in ordnance 

expenditures over the course of the five 

years. NMFS refers the reader to Table 

2–2 of the Marine Corps’ application for 

a complete list of munitions authorized 

for use at the Marine Corps Air Station 

Cherry Point Range Complex. 

Acoustic Characteristics of Ordnance 

Noise generated by live or inert 

ordnance impacting the water and 

associated detonations from live 

ordnance may present some risk to 

bottlenose dolphins. Estimates of the 

noise fields generated in water by the 

impact of non-explosive (inert) 

ordnance indicate that the energy 

radiated is about one to two percent of 

the total kinetic energy of the impact. 

This energy level (and likely peak 

pressure levels) is well below the 

thresholds for predicting potential 

physical impacts from underwater 

pressure waves, because the firing of an 

inert projectile does not create an 

explosion even at 1 m (3 ft) from the 

impact. Therefore, NMFS and the 

Marine Corps do not expect that the 

noise generated by the in-water impact 

of inert ordnance would have the 

potential to take marine mammals 

within the action area. Thus, NMFS will 

not consider the acoustic impacts of 

inert ordnance further in this document. 

However, live ordnance detonated 

underwater introduces loud, impulsive 

broadband (producing sound over a 

wide frequency band) sounds into the 

marine environment and does have the 

potential to take marine mammals. 

Broadband explosives produce 

significant acoustic energy across 

several frequency decades of 

bandwidth. Propagation loss is 

sufficiently sensitive to frequency as to 

require model estimates at several 

frequencies over such a wide band. 

Three source parameters influence the 

effect of an explosive: The weight of the 

explosive material, the type of explosive 

material, and the detonation depth. The 

net explosive weight (or NEW) accounts 

for the first two parameters. The 

ordnance’s NEW is the weight of 

trinitrotoluene (TNT) that produces an 

equivalent explosive power. The 

detonation depth of an explosive is 

particularly important due to a 

propagation effect known as surfaceimage interference. For sources located 

near the sea surface, a distinct 

interference pattern arises from the 

coherent sum of the two paths that 

differ only by a single reflection from 

the pressure-release surface. As the 

source depth and/or the source 

frequency decreases, these two paths 

increasingly and destructively interfere 

with each other, reaching total 

cancellation at the surface (barring 

surface-reflection scattering loss). 

For this final rulemaking, the Marine 

Corps proposes to use five types of 

explosive sources: 2.75-inch rocket high 

explosives, 5-inch rocket high 

explosives, 30 mm high explosives, 40 

mm high explosives, and G911 

grenades. 

The firing sequence for some of the 

munitions consists of a number of rapid 

bursts, often lasting a second or less. 

The maximum firing time is 10 to 15 

second bursts. Due to the tight spacing 

in time, the Marine Corps considers 

each burst as a single detonation. For 

the energy metrics, the Marine Corps 

considers the impact area of a burst 

using a source energy spectrum that is 

the source spectrum for a single 

detonation scaled by the number of 

rounds in a burst. For the pressure 

metrics, the impact area for a burst is 

the same as the impact area of a single 

round. For all metrics, the cumulative 

impact area of an event consisting of a 

certain number of bursts is the product 


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of the impact area of a single burst and 

the number of bursts, as would be the 

case if the bursts are sufficiently spaced 

in time or location as to insure that each 

burst is affecting a different set of 

marine wildlife. 

Table 5 provides a comparison of the 

live explosive ordnance proposed for 

use during 2015 through 2020. Table 5 

lists the number of rounds per burst by 

ordnance; the acoustic characteristics of 

the proposed ordnance including the 

peak one-third octave (OTO) source 

level (SL); and the approximate 

frequency at which the peak occurs. 

TABLE 5—PROPOSED LEVELS OF ORDNANCE, NET EXPLOSIVE WEIGHT, SOURCE LEVELS, AND CENTER FREQUENCIES

Proposed ordnance NEW (lbs) Rounds per 

burst 

Source level of peak 1⁄3rd 

octave (decibels, dB) 

Center 

frequency of 

peak 1⁄3rd 

octave 

(hertz, Hz) 

Large arms—live (30 mm) ....................................................... 0 .1019 30 207 dB re: 1μPa ..................... 4,032 

Large arms—live (40 mm) ....................................................... 0 .1199 5 208 dB re: 1μPa ..................... 4,032 

Rockets—live (2.75-inch) ......................................................... 4 .8 1 224 dB re: 1μPa ..................... 1,270 

Rockets—live (5-inch) .............................................................. 15 .0 1 229 dB re: 1μPa ..................... 1,008 

Grenades—live (G911) ............................................................ 0 .5 1 214 dB re: 1μPa ..................... 2,540 

For ordnance detonated at shallow 

depths, often the source level of the 

explosion may breech the surface with 

some of the acoustic energy escaping the 

water column. The source levels 

presented in Table 5 do not account for 

possible venting of the acoustic energy 

through the water surface which the 

Marine Corps expects to be minor 

because of the low source net explosive 

weights and detonation depth of 1.2 m 

(3.9 ft). 

Description of Marine Mammals in the 

Area of the Specified Activity 

There is one species of marine 

mammal with possible or confirmed 

occurrence in the area of the specified 

activity: The Atlantic bottlenose 

dolphin (Tursiops truncatus) which 

routinely frequents Pamlico Sound 

(Lefebvre et al, 2001; DoN 2003). The 

region of influence for the proposed 

project includes estuarine waters, and 

does not include offshore waters. 

Four designated coastal stocks for 

bottlenose dolphins may occur within 

the proposed activity area. They 

include: the Western North Atlantic 

Northern Migratory Coastal; Western 

North Atlantic Southern Migratory; 

Northern North Carolina Estuarine 

System; and the Southern North 

Carolina Estuarine System stocks. 

Dolphins encountered at BT–9 and BT– 

11 would most likely belong to the 

Northern North Carolina Estuarine 

System and the Southern North Carolina 

Estuarine System stocks. 

Table 6 in this document presents 

information on the abundance, status, 

and distribution of the four stocks. The 

reader may also refer to Section 4 of the 

Marine Corps’ application, their 2014 

application addendum, and Chapter 3 of 

the Marine Corps’ EA for more detailed 

information. NMFS summarizes this 

information and presents updated 

information on the species’ abundance, 

status, and distribution from the 2013 

NMFS Stock Assessment Report for the 

U.S. Atlantic and Gulf of Mexico 

(Waring et al., 2014). The publication is 

available at http://www.nmfs.noaa.gov/

pr/sars/region.htm. 

TABLE 6—GENERAL INFORMATION ON THE SPECIES/STOCKS THAT COULD POTENTIALLY OCCUR IN BT–9 AND BT–11 

Bottlenose dolphin stocks Regulatory status Stock/species 

abundance Occurrence and range Season 

Western North Atlantic Northern Migratory 

Coastal (NMC).

MMPA—D ESA—NL 11,548 (CV=0.36) ...... Occasional Coastal .... Winter 

Western North Atlantic Southern Migratory 

(SMC).

MMPA—D ESA—NL 9,173 (CV=0.46) ........ Occasional Coastal .... Winter 

Northern North Carolina Estuarine System 

(NNCES).

MMPA—S ESA—NL .. 950 (CV = 0.23) ......... Common Estuarine .... Summer–Fall 

Southern North Carolina Estuarine System 

(SNCES).

MMPA—S ESA—NL .. 188 (CV=0.19) ........... Common Estuarine .... Late Summer 

1 MMPA: D = Depleted, Strategic Stock; S = Strategic Stock only; NC = Not Classified. 

2ESA: NL = Not listed. 

Bottlenose Dolphins 

The bottlenose dolphin is one of the 

most well-known species of marine 

mammals. They have a robust body and 

a short, thick beak. Their coloration 

ranges from light gray to black with 

lighter coloration on the belly. Inshore 

and offshore individuals vary in color 

and size. Inshore animals are smaller 

and lighter in color, while offshore 

animals are larger, darker in coloration 

and have smaller flippers. 

Bottlenose dolphins range in lengths 

from 1.8 to 3.8 m (6.0 to 12.5 ft) with 

males slightly larger than females. 

Adults weight from 300–1,400 lbs (136– 

635 kg). Generally, the species has a 

lifespan of 40 to 45 years for males and 

more than 50 years for females. 

Sexual maturity varies by population 

and ranges from five to 13 years for 

females and 9 to 14 years for males. 

Calves, born after a 12-month gestation 

period, generally wean at 18 to 20 

months. On average, calving occurs 

every 3 to 6 years. 

Bottlenose dolphins are generalists 

and feed on a variety of prey items 

‘‘endemic’’ to their habitat, foraging 

individually and cooperatively. Like 

other dolphins, bottlenose dolphins use 

high frequency echolocation to locate 

and capture prey. Coastal animals prey 

on benthic invertebrates and fish, and 

offshore animals feed on pelagic squid 

and fish. 


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Western North Atlantic Northern 

Migratory Coastal (NMC) Stock: This 

stock is not listed as threatened or 

endangered under the Endangered 

Species Act (ESA; 16 U.S.C. 1531 et 

seq.); however, it is categorized as 

depleted (and thus strategic) under the 

MMPA. The best available abundance 

estimate for the NMC stock is 11,548 

animals (Waring et al., 2014). However, 

there is insufficient data to determine 

the population trends for this stock. 

Based on aerial survey data, tagtelemetry studies, photo-identification 

data, and genetic studies, the NMC stock 

of bottlenose dolphins occurs along the 

North Carolina coast and as far north as 

Long Island, New York (CETAP, 1982; 

Kenney, 1990; Garrison et al., 2003; 

Waring et al., 2014). During summer 

months (July–September), this stock 

occupies coastal waters from the 

shoreline to approximately the 25-m 

(82-ft) isobath between the Chesapeake 

Bay mouth and Long Island, New York. 

During the winter months (January– 

March), the stock moves south to waters 

of North Carolina and occupies coastal 

waters from Cape Lookout, North 

Carolina to the Virginia-North Carolina 

border (Barco and Swingle, 1996; 

Waring et al., 2014). 

Western North Atlantic Southern 

Migratory Coastal (SMC) Stock: This 

stock is not listed as threatened or 

endangered under the ESA; however, it 

is categorized as depleted (and thus 

strategic) under the MMPA. The best 

available abundance estimate for the 

SMC stock is 9,173 animals (Waring et 

al., 2014). However, there is insufficient 

data to determine the population trends 

for this stock. 

Based on tag-telemetry studies, the 

SMC stock of bottlenose dolphins 

occurs in coastal waters between 

southern North Carolina and Georgia, 

but the stock’s migratory movements 

and spatial distribution are the most 

poorly understood of the coastal stocks 

(Waring et al., 2014). During the fall 

(October–December), this stock occupies 

waters of southern North Carolina 

(South of Cape Lookout) where it 

overlaps spatially with the Southern 

North Carolina Estuarine System stock 

in coastal waters. In winter months 

(January–March), the SMC stock moves 

as far south as northern Florida where 

it overlaps spatially with the South 

Carolina/Georgia and Northern Florida 

Coastal stocks. In spring (April–June), 

the stock moves north to waters of North 

Carolina where it overlaps with the 

Southern North Carolina Estuarine 

System stock and the Northern North 

Carolina Estuarine System stock. In 

summer months (July–September), the 

stock most likely occupies coastal 

waters north of Cape Lookout, North 

Carolina, to the eastern shore of Virginia 

(Waring et al., 2014). 

Northern North Carolina Estuarine 

System (NNCES) Stock: This stock is not 

listed as threatened or endangered 

under the ESA; however, it is 

categorized as strategic (but not 

depleted) under the MMPA. The best 

available abundance estimate for the 

NNCES stock is 950 animals (Waring et 

al., 2014). However, there is insufficient 

data to determine the population trends 

for this stock. 

Based on photo-identification studies, 

the NNCES stock of bottlenose dolphins 

occurs in the estuarine waters of 

Pamlico Sound (Waring et al., 2014). 

The ranging patterns of bottlenose 

dolphins in those studies support the 

presence of a group of dolphins within 

these waters that are distinct from both 

dolphins occupying estuarine and 

coastal waters in southern North 

Carolina and animals in the NMC and 

SMC stocks that occupy coastal waters 

of North Carolina at certain times of the 

year (Read et al., 2003; NMFS, 2001; 

NMFS, unpublished data). 

During summer and fall months (July– 

October), the NNCES stock occupies 

waters of Pamlico Sound and nearshore 

coastal (less than 1 km (3,280 ft) from 

shore) and estuarine waters of central 

and northern North Carolina to Virginia 

Beach and the lower Chesapeake Bay 

(Waring et al., 2014). It likely overlaps 

with animals from the SMC stock in 

coastal waters during these months. 

During late fall and winter (November– 

March), the NNCES stock moves out of 

estuarine waters and occupies nearshore 

coastal waters between the New River 

and Cape Hatteras (Waring et al., 2013). 

It overlaps with the NMC stock during 

this period, particularly between Cape 

Lookout and Cape Hatteras. It appears 

that the region near Cape Lookout 

including Bogue Sound and Core Sound 

is an area of overlap with the Southern 

North Carolina Estuarine System stock 

during late summer (Waring et al., 

2014). 

Southern North Carolina Estuarine 

System (SNCES) Stock: This stock is not 

listed as threatened or endangered 

under the ESA; however, it is 

categorized as strategic (but not 

depleted) under the MMPA. The best 

available abundance estimate for the 

SNCES stock is 188 animals (Waring et 

al., 2014). However, there is insufficient 

data to determine the population trends 

for this stock. 

Based on photo-identification studies, 

the SNCES stock of common bottlenose 

dolphins occupies estuarine and 

nearshore coastal waters (less than 3 km 

from shore) between the Little River 

Inlet Estuary, including the estuary and 

the New River (Waring et al., 2014). 

During summer and fall months (July– 

October), the SNCES stock occupies 

estuarine and nearshore coastal waters 

(less than 3 km (1.7 mi) from shore) 

between the North Carolina-South 

Carolina border and Core Sound. It 

likely overlaps with the NNCES stock in 

the northern portion of its range (i.e., 

southern Pamlico Sound) during late 

summer (Waring et al., 2014). During 

late fall through spring, the SNCES 

stock moves south to waters near Cape 

Fear. In coastal waters, it overlaps with 

the SMC stock during this period 

(Waring et al., 2014). 

Bottlenose Dolphin Distribution Within 

BT–9 and BT–11 

In Pamlico Sound, bottlenose 

dolphins concentrate in shallow water 

habitats along shorelines, and few, if 

any, individuals are present in the 

central portions of the sounds (Gannon, 

2003; Read et al., 2003a, 2003b). The 

dolphins utilize shallow habitats, such 

as tributary creeks and the edges of the 

Neuse River, where the bottom depth is 

less than 3.5 m (11.5 ft) (Gannon, 2003). 

Fine-scale distribution of dolphins 

seems to relate to the presence of 

topography or vertical structure, such as 

the steeply-sloping bottom near the 

shore and oyster reefs. Bottlenose 

dolphins may use these features to 

facilitate prey capture (Gannon, 2003). 

In 2000, Duke University Marine Lab 

(Duke) conducted a boat-based markrecapture survey throughout the 

estuaries, bays and sounds of North 

Carolina (Read et al., 2003). The 2000 

boat-based survey produced an estimate 

of 919 dolphins for the northern inshore 

waters divided by an estimated 5,015 

km2 (1,936 mi2) survey area. 

In a follow-on aerial study (July, 2002 

to June, 2003) specifically in and around 

BT–9 and BT–11, Duke reported one 

sighting in the restricted area 

surrounding BT–9, two sightings in 

proximity to BT–11, and seven sightings 

in waters adjacent to the bombing 

targets (Maher, 2003). In total, the study 

observed 276 bottlenose dolphins 

ranging in group size from two to 70 

animals. 

Results of a passive acoustic 

monitoring effort conducted from 2006– 

2007 by Duke University researchers 

detected that dolphin vocalizations in 

the BT–11 vicinity were higher in 

August and September than vocalization 

detection at BT–9 (Read et al., 2007). 

Additionally, detected vocalizations of 

dolphins were more frequent at night for 

the BT–9 area and during early morning 

hours at BT–11 (Read et al., 2007). 


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Other Marine Mammals in the 

Proposed Action Area 

The endangered West Indian manatee 

(Trichechus manatus), under the 

jurisdiction of the U.S. Fish and 

Wildlife Service, rarely occurs in the 

area (Lefebvre et al., 2001; DoN 2003). 

The U.S. Fish and Wildlife Service has 

jurisdiction over the manatee; therefore, 

NMFS would not include a proposed 

authorization to harass manatees and 

does not discuss this species further in 

this final rule. 

Based on the best available 

information, there are no observations of 

the endangered North Atlantic right 

whale (Eubalaena glacialis) or other 

large whales within Pamlico Sound or 

in vicinity of the bombing targets 

(Kenney, 2006). No suitable habitat 

exists for these species in the shallow 

Pamlico Sound or bombing target 

vicinity; therefore, because NMFS does 

not expect these species to be present in 

the action area, there is no potential for 

take (NMFS, 2012). Thus, NMFS will 

not discuss these species further. 

Other dolphins, such as Atlantic 

spotted (Stenella frontalis) and the 

common dolphin (Delphinus delphis), 

have an oceanic distribution and do not 

venture into the shallow, brackish 

waters of southern Pamlico Sound. 

Because these species are rare and/or 

have extralimital occurrence in the 

bombing target area, NMFS will not 

discuss these species further in this 

final rule. 

Potential Effects of the Specified 

Activity on Marine Mammals 

The surface-to-surface and air-tosurface training exercises proposed for 

taking of marine mammals under these 

regulations have the potential to take 

marine mammals by exposing them to 

impulsive noise and pressure waves 

generated by live ordnance detonation 

at or near the surface of the water. 

Exposure to energy, pressure, or direct 

strike by ordnance has the potential to 

result in non-lethal injury (Level A 

harassment), disturbance (Level B 

harassment), serious injury, and/or 

mortality. In addition, NMFS also 

considered the potential for harassment 

from vessel and aircraft operations. 

In the Potential Effects of the 

Specified Activity on Marine Mammals 

section of the proposed rule (79 FR 

41373, July 15, 2014), NMFS included a 

qualitative discussion of the different 

ways that the Marine Corps’ activities 

may potentially affect marine mammals 

without consideration of mitigation and 

monitoring measures (see 79 FR 41373, 

July 15, 2014; pages 41383–41391). 

Marine mammals may experience direct 

physiological effects (e.g., threshold 

shift and non-acoustic injury, acoustic 

masking, impaired communication, 

stress responses, behavioral disturbance, 

stranding, behavioral responses from 

vessel movement, and injury or death 

from vessel collisions). The information 

contained in this section in the 

proposed rule has not changed and 

NMFS does not repeat that information 

here in this document. 

This section did not consider the 

specific manner in which the Marine 

Corps would carry out the proposed 

activity, what mitigation measures the 

Marine Corps would implement, and 

how either of those would shape the 

anticipated impacts from this specific 

activity. The ‘‘Estimated Take by 

Incidental Harassment, Injury, or 

Mortality’’ section later in this 

document will include a quantitative 

analysis of the number of individuals 

that NMFS expects the Marine Corps to 

take during this activity. The 

‘‘Negligible Impact Analysis’’ section 

will include the analysis of how this 

specific activity would impact marine 

mammals. NMFS will consider the 

content of the following sections: (1) 

Estimated Take by Incidental 

Harassment, Injury, or Mortality; (2) 

Mitigation; and (3) Anticipated Effects 

on Marine Mammal Habitat, to draw 

conclusions regarding the likely impacts 

of this activity on the reproductive 

success or survivorship of individuals— 

and from that consideration—the likely 

impacts of this activity on the affected 

marine mammal populations or stocks. 

Anticipated Effects on Habitat 

In the Anticipated Effects Habitat 

section of the proposed rule (79 FR 

41373, July 15, 2014), we included a 

qualitative discussion of the different 

ways that the Marine Corps’ activities 

may potentially affect marine mammals 

marine mammal habitat (see 79 FR 

41373, July 15, 2014; page 41391). The 

information contained in this section in 

the proposed rule has not changed and 

NMFS does not repeat that information 

here in this document. 

Impacts on marine mammal habitat 

are part of the consideration in making 

a finding of negligible impact on the 

species and stocks of marine mammals. 

Habitat includes rookeries, mating 

grounds, feeding areas, and areas of 

similar significance. NMFS does not 

anticipate that the operations would 

result in any temporary or permanent 

effects on the habitats used by the 

marine mammals in the area, including 

the food sources they use (i.e., fish and 

invertebrates). Although NMFS 

anticipates that the specified activity 

may result in marine mammals avoiding 

certain areas due to temporary 

ensonification, this impact to habitat is 

temporary and reversible. 

Summary of Previous Monitoring 

The Marine Corps complied with the 

mitigation and monitoring required 

under the previous authorizations 

(2010–2013). The Marine Corps 

submitted final monitoring reports, 

which described the activities 

conducted and observations made. For 

the 2010 period, the Marine Corps did 

not observe any marine mammals 

during training exercises. The only 

recorded observations—which were 

bottlenose dolphins—occurred on two 

occasions by maintenance vessels 

engaged in target maintenance. 

Personnel did not observe marine 

mammals during range sweeps, air-toground or surface-to-surface activities 

(small boats), or during ad hoc 

monitoring via range cameras. 

For the 2012 period, the total amount 

of ordnance expended at BT–9 and BT– 

11 was 301,687 and 955,528 rounds, 

respectively. During the period of the 

2012 IHA, the Marine Corps did not fire 

any high explosive (live) munitions at 

BT–9. The Marine Corps do not permit 

high explosive (live) munitions within 

BT–11. Maintenance vessels engaged in 

target maintenance observed marine 

mammals on two occasions during the 

2012 reporting period. Flight crews 

conducting range sweeps identified 

dolphins within the confines of Rattan 

Bay at BT–11 on two separate occasions: 

February 10, 2012 and August 16, 2012. 

When the sightings occurred during 

range sweeps, the Marine Corps 

suspended military training until the 

dolphins exited the mouth of the 

embayment, per Marine Corps Air 

Station Cherry Point Range standard 

operating procedures. There were no 

observations of marine mammals during 

the air-to surface or surface-to-surface 

activities (small boats), or during ad hoc 

monitoring via range cameras other than 

during follow-up on the two occasions 

of sightings made during the preexercise range sweeps. 

For the 2013 period, the total amount 

of ordnance expended at BT–9 and BT– 

11 was 821,516 and 1,217,824 rounds, 

respectively. During the period of the 

2013 IHA, the Marine Corps did not fire 

any high explosive (live) munitions at 

BT–9. The Marine Corps do not permit 

high explosive (live) munitions within 

BT–11. 

During the 2013 reporting period, a 

small boat crew observed a pod of eight 

dolphins within Rattan Bay (BT–11) 

while conducting surface-to-surface 

exercises. The Marine Corps suspended 

all small arms, live-fire activities until 


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the pod departed Rattan Bay. On one 

other occasion, flight crews conducting 

range sweeps and observed dolphins 

within the confines of Rattan Bay at BT– 

11 prior to live-fire activities. The 

Marine Corps suspended the start of all 

training activities until the dolphins 

exited the mouth of the embayment, per 

MCAS Cherry Point Range standard 

operating procedures. For BT–9 during 

the 2013 period, there were no 

observations of marine mammals during 

the air-to surface or surface-to-surface 

activities (small boats), or during ad hoc 

monitoring via range cameras or 

maintenance vessels. 

In summary, no instances of 

mortality, serious injury, or Level A 

harassment occurred during the conduct 

of training activities during the course 

of the previous three incidental 

harassment authorizations. 

Mitigation 

In order to issue an incidental take 

authorization 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 adverse 

impact on such species or stock and its 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and the availability 

of such species or stock for taking for 

certain subsistence uses (where 

relevant). 

The NDAA of 2004 amended the 

MMPA as it relates to military-readiness 

activities and the incidental take 

authorization process such that ‘‘least 

practicable adverse impact’’ shall 

include consideration of personnel 

safety, practicality of implementation, 

and impact on the effectiveness of the 

military readiness activity. 

NMFS and the Marine Corps have 

worked to identify potential practicable 

and effective mitigation measures, 

which include a careful balancing of the 

likely benefit of any particular measure 

to the marine mammals with the likely 

effect of that measure on personnel 

safety, practicality of implementation, 

and impact on the ‘‘military-readiness 

activity.’’ NMFS refers the reader to 

Appendix B of the Marine Corps’ 

application for more detailed 

information on the proposed mitigation 

measures which include the following: 

1. Visual Monitoring: Range operators 

will conduct or direct visual surveys to 

monitor BT–9 or BT–11 for protected 

species before and after each exercise. 

Range operation and control personnel 

would monitor the target area through 

tower mounted safety and surveillance 

cameras. The remotely operated range 

cameras are high-resolution cameras 

that allow viewers to see animals at the 

surface and breaking the surface, but not 

underwater. The camera system has 

night vision (IR) capabilities. Lenses on 

the camera system have a focal length of 

250 mm to 1500 mm, with view angles 

of 2.2° x 1.65° (in wide-view) and 0.55° 

x 41° (in narrow-view) respectively. 

Using the night-time capabilities, with a 

narrow view, an observer could identify 

a 1-by-1 meter target out to three 

kilometers. 

In the event that the Marine Corps 

sight a marine mammal within 914 m 

(3,000 ft) of the BT–9 target area, 

personnel would declare the area as 

fouled and cease training exercises. 

Personnel would commence operations 

in BT–9 only after the animal moves 

beyond and on a path away from the 

914-m (3,000-ft) radius around the target 

area. 

For BT–11, in the event that a marine 

mammal is sighted anywhere within the 

confines of Rattan Bay, personnel would 

declare the water-based targets within 

Rattan Bay as fouled and cease training 

exercises. Personnel would commence 

operations in BT–11 only after the 

marine mammal has left the confines of 

Rattan Bay. 

2. Range Sweeps: The VMR–1 

squadron, stationed at Marine Corps Air 

Station Cherry Point, includes three 

specially equipped HH–46D helicopters. 

The primary mission of these aircraft, 

known as PEDRO, is to provide search 

and rescue for downed 2nd Marine Air 

Wing aircrews. On-board are a pilot, copilot, crew chief, search and rescue 

swimmer, and a medical corpsman. 

Each crew member has received 

extensive training in search and rescue 

techniques, and is therefore particularly 

capable at spotting objects floating in 

the water. 

The PEDRO crew would conduct a 

range sweep the morning of each 

exercise day prior to the commencement 

of range operations. The crew would 

also conduct post-exercise sweeps. The 

primary goal of the pre-exercise sweep 

is to ensure that the target area is clear 

of fisherman, other personnel, and 

protected species. Generally, the weekly 

monitoring events would include a 

maximum of five pre-exercise and four 

post-exercise sweeps. The maximum 

number of days that would elapse 

between pre- and post-exercise 

monitoring events would be 

approximately 3 days, and would 

normally occur on weekends. 

The sweeps would occur at 100 to 300 

meters (328 to 984 ft) above the water 

surface, at airspeeds between 60 to 100 

knots (69 to 115 mph). The path of the 

sweep runs down the western side of 

BT–11, circles around BT–9 and then 

continues down the eastern side of BT– 

9 before leaving. The sweep typically 

takes 20 to 30 minutes to complete. 

The PEDRO crew communicates 

directly with range personnel and can 

provide immediate notification to range 

operators of a fouled target area due to 

the presence of protected species. The 

PEDRO aircraft would remain in the 

area of a marine mammal sighting until 

the animal clears the area, if possible, or 

as mission requirements dictate. 

If the crew sights marine mammals 

during a range sweep, they would 

collect sighting data and immediately 

provide the information to range 

personnel who would take appropriate 

management action. Range staff would 

relay the sighting information to 

training Commanders scheduled on the 

range after the observation. Range 

personnel would enter the data into the 

Marine Corps’ sighting database, webinterface, or report generator. Sighting 

data includes the following (collected to 

the best of the observer’s ability): (1) 

Species identification; (2) group size; (3) 

the behavior of marine mammals (e.g., 

milling, travel, social, foraging); (4) 

location and relative distance from the 

bombing target; (5) date, time and visual 

conditions (e.g., Beaufort sea state, 

weather) associated with each 

observation; (6) direction of travel 

relative to the bombing target; and (7) 

duration of the observation. 

3. Aircraft Cold Pass: Standard 

operating procedures for waterborne 

targets require the pilot to perform a 

visual check prior to ordnance delivery 

to ensure the target area is clear of 

unauthorized civilian boats and 

personnel, and protected species such 

as turtles and marine mammals. This is 

a ‘‘cold’’ or clearing pass. Pilots 

requesting entry onto the BT–9 and BT– 

11 airspace must perform a low-altitude, 

cold first pass (a pass without any 

release of ordnance) immediately prior 

to ordnance delivery at the bombing 

targets both day and night. 

Pilots would conduct the cold pass 

with the aircraft (helicopter or fixedwinged) flying straight and level at 

altitudes of 61 to 914 m (200 to 3,000 

ft) over the target area. The viewing 

angle is approximately 15 degrees. A 

blind spot exists to the immediate rear 

of the aircraft. Based upon prevailing 

visibility, a pilot can see more than one 

mile forward upon approach. If marine 

mammals are present in the target area, 

the Range Controller may deny 

ordnance delivery to the target as 

conditions warrant. If marine mammals 

are not present in the target area, the 

Range Controller may grant ordnance 

delivery as conditions warrant. 


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4. Delay of Exercises: The Marine 

Corps would consider an active range as 

fouled and not available for use if a 

marine mammal is present within 914 m 

(3,000 ft) of the target area at BT–9 or 

anywhere within the confines of Rattan 

Bay (BT–11). Therefore, if Marine Corps 

personnel observe a marine mammal 

within 914 m (3,000 ft) of the target at 

BT–9 or anywhere within Rattan Bay at 

BT–11 during the cold pass or from 

range camera detection, they would 

delay training until after the animal 

moves beyond and on a path away from 

the 914-m (3,000-ft) radius around the 

target area at BT–9 or has moved out of 

Rattan Bay at BT–11. This mitigation 

measure applies to both air-to-surface 

and surface-to-surface exercises during 

the day or night. 

5. Vessel Operations: All vessels used 

during training operations would abide 

by NMFS’ Southeast Regional Viewing 

Guidelines designed to prevent 

harassment to marine mammals (http:// 

www.nmfs.noaa.gov/pr/education/

southeast/). 

6. Stranding Network Coordination: 

The Marine Corps would coordinate 

with the local NMFS Stranding 

Coordinator to discuss observations of 

any unusual marine mammal behaviors, 

strandings, or any beached live/dead, or 

floating marine mammals at any time 

during training activities or within 24 

hours after completion of training. 

Mitigation Conclusions 

NMFS has carefully evaluated the 

Marine Corps’ mitigation measures in 

the context of ensuring that NMFS 

prescribes the means of effecting the 

least practicable impact on the affected 

marine mammal species and stocks and 

their habitat. NMFS’ evaluation of 

potential measures included 

consideration of the following factors in 

relation to one another: 

• The manner in which, and the 

degree to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals; 

• The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and 

• The practicability of the measure 

for applicant implementation. 

Any mitigation measure(s) prescribed 

by NMFS should be able to accomplish, 

have a reasonable likelihood of 

accomplishing (based on current 

science), or contribute to the 

accomplishment of one or more of the 

general goals listed here: 

1. Avoidance or minimization of 

injury or death of marine mammals 

wherever possible (goals 2, 3, and 4 may 

contribute to this goal). 

2. A reduction in the numbers of 

marine mammals (total number or 

number at biologically important time 

or location) exposed to training 

exercises that we expect to result in the 

take of marine mammals (this goal may 

contribute to goal 1 or to reducing 

harassment takes only). 

3. A reduction in the number of times 

(total number or number at biologically 

important time or location) individuals 

would be exposed to training exercises 

that we expect to result in the take of 

marine mammals (this goal may 

contribute to goal 1 or to reducing 

harassment takes only). 

4. A reduction in the intensity of 

exposures (either total number or 

number at biologically important time 

or location) to training exercises that we 

expect to result in the take of marine 

mammals (this goal may contribute to 

goal 1 or to reducing the severity of 

harassment takes only). 

5. Avoidance or minimization of 

adverse effects to marine mammal 

habitat, paying special attention to the 

food base, activities that block or limit 

passage to or from biologically 

important areas, permanent destruction 

of habitat, or temporary destruction/

disturbance of habitat during a 

biologically important time. 

6. For monitoring directly related to 

mitigation—an increase in the 

probability of detecting marine 

mammals, thus allowing for more 

effective implementation of the 

mitigation. 

Based on the evaluation of the Marine 

Corps’ mitigation measures, which 

includes consideration of the results 

from past monitoring reports required 

under the 2010–2013 Authorizations, 

NMFS has determined that the 

mitigation measures provide the means 

of effecting the least practicable impact 

on marine mammal species or stocks 

and their habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance while 

also considering personnel safety, 

practicality of implementation, and the 

impact of effectiveness of the military 

readiness activity. 

Monitoring and Reporting 

In order to issue a Letter of 

Authorization for an activity, section 

101(a)(5)(A) of the MMPA states that we 

must set forth ‘‘requirements pertaining 

to the monitoring and reporting of such 

taking.’’ The MMPA implementing 

regulations at 50 CFR 216.104(a)(13) 

indicate that requests for an 

authorization must include the 

suggested means of accomplishing the 

necessary monitoring and reporting that 

will result in increased knowledge of 

the species and our expectations of the 

level of taking or impacts on 

populations of marine mammals present 

in the action area. 

As part of its application, the Marine 

Corps provided a monitoring plan for 

assessing impacts to marine mammals 

from military training activities at BT– 

9 and BT–11 in Pamlico Sound, NC. 

This plan is similar, if not identical, to 

those conducted in previously issued 

Incidental Harassment Authorizations 

for the Marine Corps’ activities from 

2010–2013. The Marine Corps’ 

suggested means of accomplishing the 

necessary monitoring and reporting 

under these regulations includes the 

following: 

1. Protected Species Observer 

Training: Operators of small boats, and 

other personnel monitoring for marine 

mammals from watercraft shall be 

required to take the Department of the 

Navy’s Marine Species Awareness 

Training. The Marine Corps shall 

instruct those pilots conducting range 

sweeps on marine mammal observation 

techniques during routine Range 

Management Department briefings. This 

training would make personnel 

knowledgeable of marine mammals, 

protected species, and visual cues 

related to the presence of marine 

mammals and protected species. 

2. Pre- and Post-Exercise Monitoring: 

The Marine Corps would conduct preexercise monitoring the morning of an 

exercise and post-exercise monitoring 

the morning following an exercise, 

unless an exercise occurs on a Friday, 

in which case the post-exercise sweep 

would take place the following Monday. 

Weekly monitoring events would 

include a maximum of five pre-exercise 

and four post-exercise sweeps. The 

maximum number of days that would 

elapse between pre- and post-exercise 

monitoring events would be 

approximately three days, and would 

normally occur on weekends. If the 

Marine Corps observe marine mammals 

during this monitoring, personnel 

would record sighting data identical to 

those collected by the PEDRO crew. 

3. Long-term Monitoring: The Marine 

Corps awarded Duke University Marine 

Lab (Duke) a contract to obtain 

abundance, group dynamics (e.g., group 

size, age census), behavior, habitat use, 

and acoustic data on the bottlenose 

dolphins which inhabit Pamlico Sound, 

specifically those around BT–9 and BT– 

11. Duke began conducting boat-based 

surveys and passive acoustic monitoring 

of bottlenose dolphins in Pamlico 

Sound in 2000 (Read et al., 2003) and 

specifically at BT–9 and BT–11 in 2003 

(Mayer, 2003). To date, boat-based 

surveys indicate that bottlenose 


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dolphins may be resident to Pamlico 

Sound and use the BT–9 and BT–11 

restricted areas on a frequent basis. 

Passive acoustic monitoring (PAM) 

provides more detailed insight into how 

dolphins use the two ranges, by 

monitoring for their vocalizations yearround, regardless of weather conditions 

or darkness. In addition to these 

surveys, the Marine Corps and Duke’s 

scientists continue to test a real-time 

passive acoustic monitoring system at 

BT–9 that will allow automated 

detection of bottlenose dolphin 

whistles, providing yet another method 

of detecting dolphins prior to training 

operations. 

4. Reporting: The Marine Corps will 

submit an annual report to NMFS by 

June 1st of each year starting in 2016. 

The first report will cover the time 

period from issuance of the March 13, 

2015 Letter of Authorization through 

March 12, 2016. Each annual report 

after that time will cover the time period 

from March 13 through March 12, 

annually. 

The Marine Corps will submit a draft 

final comprehensive report to NMFS no 

later than 180 days prior to expiration 

of these regulations. This report must 

summarize the findings made in all 

previous reports and assess both the 

impacts at each of the bombing targets 

and the cumulative impact on 

bottlenose dolphin from the specified 

activities. 

The draft final comprehensive report 

will summarize the type and amount of 

training exercises conducted, all marine 

mammal observations made during 

monitoring, and if mitigation measures 

were implemented. The draft final 

comprehensive report will also address 

the effectiveness of the monitoring plan 

in detecting marine mammals. The draft 

comprehensive report will be subject to 

review and comment by NMFS. Prior to 

acceptance by NMFS, the Marine Corps 

must address any recommendations 

made by NMFS, within 60 days of its 

receipt, in the final comprehensive 

report. 

General Notification of Injured or Dead 

Marine Mammals 

The Marine Corps will systematically 

observe training operations for injured 

or disabled marine mammals. In 

addition, the Marine Corps will monitor 

the principal marine mammal stranding 

networks and other media to correlate 

analysis of any dolphin strandings that 

could potentially be associated with 

BT–9 or BT–11 training operations. 

Marine Corps personnel will ensure 

that they notify NMFS immediately or 

as soon as clearance procedures allow if 

personnel find an injured, stranded, or 

dead marine mammal during or shortly 

after, and in the vicinity of, any training 

operations. The Marine Corps will 

provide NMFS with species or 

description of the animal(s), the 

condition of the animal(s) (including 

carcass condition if the animal is dead), 

location, time of first discovery, 

observed behaviors (if alive), and photo 

or video (if available). 

In the event that an injured, stranded, 

or dead marine mammal is found by 

Marine Corps personnel that is not in 

the vicinity of, or found during or 

shortly after operations, the Marine 

Corps personnel will report the same 

information as listed above as soon as 

operationally feasible and clearance 

procedures allow. 

General Notification of a Vessel Strike 

In the event of a vessel strike, at any 

time or place, the Marine Corps shall do 

the following: 

• Immediately report to us the species 

identification (if known), location (lat/

long) of the animal (or the strike if the 

animal has disappeared), and whether 

the animal is alive or dead (or 

unknown); 

• Report to us as soon as 

operationally feasible the size and 

length of the animal, an estimate of the 

injury status (e.g., dead, injured but 

alive, injured and moving, unknown, 

etc.), vessel class/type and operational 

status; 

• Report to NMFS the vessel length, 

speed, and heading as soon as feasible; 

and 

• Provide us a photo or video, if 

equipment is available. 

Adaptive Management 

NMFS has included an adaptive 

management component in the 

regulations governing the take of marine 

mammals incidental to the Marine 

Corps’ activities at BT–9 and BT–11. In 

accordance with 50 CFR 216.105(c), 

NMFS must base the regulations on the 

best available information. As the 

Marine Corps develops new 

information, through monitoring, 

reporting, or research, NMFS may 

modify the regulations, in whole or in 

part, after notice and opportunity for 

public review. The use of adaptive 

management will allow NMFS to 

consider new information from different 

sources to determine if NMFS should 

modify mitigation or monitoring 

measures (including additions or 

deletions) if new data suggest that such 

modifications are appropriate for 

subsequent LOAs. NMFS may modify or 

augment the existing mitigation or 

monitoring measures (after consulting 

with the Marine Corps regarding the 

practicability of the modifications) if 

doing so creates a reasonable likelihood 

of more effectively accomplishing the 

goals of mitigation and monitoring set 

forth in the preamble of these 

regulations. Following are some of the 

possible sources of new data that could 

contribute to the decision to modify the 

mitigation or monitoring measures: 

1. Results from the Marine Corps’ 

monitoring from the previous year. 

2. Results from marine mammal and/ 

or sound research or studies; or 

3. Any information which reveals that 

marine mammals may have been taken 

in a manner, extent, or number not 

authorized by these regulations or 

subsequent Letters of Authorization. 

In addition, NMFS may withdraw or 

suspend the LOA, if, after notice and 

opportunity for public comment, the 

Assistant Administrator finds, among 

other things, that the Marine Corps are 

not substantially complying with the 

regulations or the taking allowed is 

having more than a negligible impact on 

the species or stock, as allowed for in 50 

CFR 216.106(e). That is, should 

monitoring and reporting indicate that 

the operations and activities from the 

Marine Corps’ activities at BT–9 and 

BT–11 are having more than a negligible 

impact on marine mammals, then NMFS 

reserves the right to modify the 

regulations and/or withdraw or suspend 

an LOA after public review. 

Research 

The Marine Corps has funded surveys 

performed by Duke University 

researchers and provided financial 

support to augment surveys conducted 

by the NMFS Southeast Fisheries 

Science Center. Information and 

knowledge gained from the Marine 

Corps-funded research has contributed 

significantly to the understanding of 

bottlenose dolphin stocks, including 

their distribution and movement, in 

Pamlico Sound, NC. 

The Marine Corps, in collaboration 

with Duke scientists, are in the process 

of developing and testing a real-time 

passive acoustic monitoring system that 

will allow automated detection of 

bottlenose dolphin whistles (Appendix 

C in the application). The Marine Corps 

and Duke have performed the work in 

two phases. Phase I was the 

development of an automated signal 

detector (a software program) to 

recognize the whistles of dolphins at 

BT–9 and BT–11. Phase II, currently in 

progress, is the assembly and 

deployment of a prototype real-time 

monitoring unit on one of the towers in 

the BT–9 range. The success of this 

effort will help direct future research 

initiatives and activities within the 


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Marine Corps Air Station Cherry Point 

Range Complex. As funding becomes 

available and research opportunities 

arise, the Marine Corps will continue to 

fund and participate in studies that will 

enhance the understanding of the life 

history of marine mammals in Pamlico 

Sound. 

Comments and Responses 

On July 15, 2014, NMFS published a 

proposed rule (79 FR 41374) in response 

to the Marine Corps’ request to take 

marine mammals incidental to military 

training activities at BT–9 and BT–11 in 

Pamlico Sound. In that Federal Register 

notice, NMFS requested comments, 

information, and suggestions concerning 

the request. During the 30-day public 

comment period, we received comments 

from the following: The Marine 

Mammal Commission (Commission), 

the Center for Biological Diversity 

(CBD), and 12 comments from private 

citizens. Following is a summary of the 

substantive comments and NMFS’ 

responses. 

MMPA Concerns 

Comment 1: The CBD requested that 

NMFS not issue regulations authorizing 

serious injury and mortality of up to 30 

dolphins during the course of the fiveyear rule, stating that NMFS’ analysis 

shows that the take of bottlenose 

dolphins will be more than negligible, 

specifically for the Southern and 

Northern North Carolina Estuarine 

System stocks. 

Response: NMFS acknowledges CBD’s 

concerns regarding the Marine Corps’ 

training activities on the Southern and 

Northern North Carolina Estuarine 

System stocks of bottlenose dolphins. 

NMFS has reassessed the estimates of 

bottlenose dolphins that the Marine 

Corps could potentially take during the 

course of the training activities and will 

not authorize take of bottlenose 

dolphins by mortality or serious injury 

in these regulations. 

NMFS reanalyzed the take estimates 

presented in the Marine Corps’ 2014 

application addendum and Tables 10 

and 11 of the proposed rulemaking (79 

FR 41374, July 14, 2014, page 41397), 

and has determined that these estimates 

overestimated the number of marine 

mammals that could potentially be 

taken by mortality and serious injury. 

First, in the proposed rule, NMFS 

rounded up the annual take estimates 

that were less than 0.5 to the nearest 

whole number (1). Instead, NMFS 

should have presented the annual take 

estimates for mortality and serious 

injury that were less than 0.5 as zero 

takes, which is the standard practice in 

calculating take estimates and 

recommended by the Marine Mammal 

Commission when estimating incidental 

take for military readiness activities 

(MMC, 2015). Generally, one should 

round down if less than 0.50 and round 

up if greater than or equal to 0.50. 

Second, NMFS inadvertently 

included estimated take by slight lung 

injury within the annual estimated take 

by serious injury category in Table 10 of 

the proposed rulemaking (79 FR 41374, 

July 14, 2014, page 41397). NMFS 

classifies slight lung injury as Level A 

harassment, not serious injury. Thus, 

this error of commission led NMFS to 

inaccurately state the number of takes 

by serious injury that could potentially 

occur in the absence of mitigation. 

Tables 10 and 11 of this final rule 

present the corrected take estimates for 

serious injury and mortality in the 

absence of mitigation. In summary, 

NMFS now estimates that, in the 

absence of mitigation, the Marine Corps 

could potentially take up to zero 

animals by mortality and potentially 

take up to two animals by serious injury 

on an annual basis. 

However, as stated in the proposed 

rule, in consideration of the 

effectiveness of the mitigation measures, 

NMFS does not expect take by serious 

injury or mortality to occur. NMFS 

believes it has sufficient information 

about the Marine Corp’s activities and 

the effectiveness of the mitigation 

measures to reasonably conclude that 

the activities are not likely to result in 

any serious injury or mortality. NMFS 

notes that over the course of the 

previous incidental harassment 

authorizations issued to the Marine 

Corps for the same activities, there were 

no reported incidents of serious injury 

to or mortality of any marine mammal. 

NMFS believes that the mitigation 

measures that will be implemented by 

the Marine Corps (e.g., conservative 

exclusion zones for marine mammals; 

pre- and post-exercise monitoring, range 

sweeps, cold passes, delay of exercises, 

visual monitoring with high-resolution 

cameras with night vision capabilities, 

and passive acoustic monitoring) would 

reduce the amount and severity of the 

potential impacts from the activity, 

making it unlikely that any take by 

serious injury or morality would occur. 

Therefore, NMFS is not authorizing take 

by serious injury or mortality. 

In making a negligible impact 

determination, NMFS considers a 

variety of factors, including but not 

limited to: (1) The number of 

anticipated serious injuries and 

mortalities; (2) the number and nature of 

anticipated injuries (Level A 

harassment); (3) the number, nature, and 

intensity, and duration of Level B 

harassment; (4) the status of stock or 

species of marine mammals; (5) the 

context in which the takes occur; and 

(6) the effectiveness of monitoring and 

mitigation measures. Taking into 

consideration the historically low 

concentrations of bottlenose dolphins 

present within the BT–9 and BT–11 

areas; the small scale and spatial 

footprint of the proposed detonations 

within the target areas; the relatively 

short duration and intermittent nature 

of the training activities; and the 

incorporation of proven mitigation and 

monitoring measures to lessen adverse 

effects, NMFS expects the activities to 

affect a small number of marine 

mammals on an infrequent basis to the 

degree that it would have a negligible 

impact on the one species of bottlenose 

dolphins or any of the four stocks of 

bottlenose dolphins in the action area. 

Comment 2: The CBD commented that 

the proposed regulations would 

authorize mortality for the Southern and 

Northern North Carolina Estuarine 

System strategic stocks of bottlenose 

dolphins at a rate above the Potential 

Biological Removal (PBR) for the stocks 

under the MMPA. They further state 

that any additional mortalities proposed 

for authorization above PBR for the 

North Caroline Estuarine System stock 

would slow that stock’s recovery rate 

and preclude the species from reaching 

its optimum sustainable population and 

that any additional mortalities 

authorized above PBR for the Southern 

North Carolina Estuarine System stock 

would affect annual rates of recruitment 

or survival. 

Response: See NMFS’ response to 

Comment 1. For reasons stated 

previously in the response to Comment 

1, NMFS will not authorize the take of 

bottlenose dolphins by serious injury or 

mortality in these regulations. No takes 

by serious injury or mortality occurred 

during NMFS’ previous authorizations 

to the Marine Corps. Based on the 

Marine Corps’ compliance with 

previous authorizations for the same 

activities, NMFS expects the required 

mitigation and monitoring measures to 

minimize the potential risk for serious 

injury or mortality and does not expect 

these types of takes to occur. 

In addition, NMFS has included an 

adaptive management component in the 

regulations governing the take of marine 

mammals incidental to the Marine 

Corps’ activities at BT–9 and BT–11. 

The use of adaptive management will 

allow NMFS to consider new 

information from different sources to 

determine whether mitigation or 

monitoring measures should be 

modified. NMFS may modify or 

augment the existing mitigation or 


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monitoring measures (after consulting 

with the Marine Corps regarding the 

practicability of the modifications) if 

doing so creates a reasonable likelihood 

of more effectively accomplishing the 

goals of mitigation and monitoring set 

forth in the preamble of these 

regulations. 

Effects Analyses 

Comment 3: The CBD states that 

NMFS should not issue regulations 

authorizing harassment and mortality of 

the North Carolina Estuarine System 

bottlenose dolphins because the 

additional mortality associated with the 

Unusual Mortality Event (UME) in the 

mid-Atlantic Ocean. 

Response: For reasons stated 

previously in the response to Comment 

1, NMFS would not authorize the take 

of bottlenose dolphins by serious injury 

or mortality in these regulations. See 

our responses to Comments 1 and 2 

regarding NMFS’ determinations of the 

expected level of mortality and serious 

injury that could potentially occur in 

BT–9 and BT–11 given the required 

mitigation and monitoring measures in 

this final rule. 

NOAA has declared an UME for 

bottlenose dolphins in the mid-Atlantic 

Ocean from early July 2013 through the 

present. Elevated strandings of 

bottlenose dolphins have occurred in 

North Carolina. However, none have 

occurred in BT–9 or BT–11. 

All age classes of bottlenose dolphins 

are involved and strandings range from 

a few live animals to mostly dead 

animals with many very decomposed 

(NMFS, 2015). Based upon preliminary 

diagnostic testing and discussion with 

disease experts, the tentative cause of 

this UME could be cetacean 

morbillivirus (NMFS, 2015). However 

the investigation is still ongoing and 

additional contributory factors to the 

UME are under investigation including 

other pathogens, biotoxins, range 

expansion, etc. (NMFS, 2015). 

Comment 4: The Commission 

recommends the NMFS require the 

Marine Corps to use either direct strike 

or dynamic Monte Carlo models to 

determine the probability of ordnance 

strike. 

Response: NMFS considers the 

Marine Corps’ model for direct strike to 

be the best available information. 

Although the Commission 

recommended ‘‘direct strike or dynamic 

Monte Carlo methods,’’ it noted that the 

result of using a new risk probability 

model would likely provide negligible 

changes from the model described in the 

application. Because NMFS also 

believes that any change would be 

negligible and that the Marine Corps’ 

existing model is the best available 

information, NMFS disagrees that the 

alternative modeling suggested by the 

Commission is necessary. 

Mitigation 

Comment 5: The Commission also 

requested that we require the Marine 

Corps to implement a plan to evaluate 

the effectiveness of all of its sensorbased monitoring systems (i.e., the 

remote-camera passive acoustic 

monitoring systems). 

Response: NMFS worked closely with 

the Marine Corps to develop proper 

mitigation, monitoring, and reporting 

requirements designed to minimize and 

detect impacts from the specified 

activities. This includes a Marine 

Mammal and Protected Species 

Monitoring Plan (Plan) that satisfies the 

requirements of the MMPA. 

The Marine Corps has collaborated 

with Duke University to develop and 

test a real-time passive acoustic 

monitoring system that will allow 

automated detection of bottlenose 

dolphin whistles. Duke University is 

performing the work in two phases. 

Phase I was the development of an 

automated signal detector (a software 

program) to recognize the whistles of 

dolphins at BT–9 and BT–11. Phase II, 

currently in progress, is the assembly 

and deployment of a prototype real-time 

monitoring unit on one of the towers in 

the BT–9 range. Through the adaptive 

management component of the 

regulations, NMFS and the Marine 

Corps will continue evaluate the 

effectiveness of all of the sensor-based 

monitoring systems in BT–9 and BT–11. 

Miscellaneous Concerns 

Comment 6: Several individuals 

expressed general opposition to the 

Marine Corps’ activities and to NMFS’ 

proposed issuance of MMPA regulations 

because of the danger of killing or 

harassing marine life. 

Response: NMFS appreciates the 

commenters’ concerns for the marine 

life in the areas of the proposed 

activities. We note that over the course 

of the previous incidental harassment 

authorizations issued to the Marine 

Corps for the same activities, there were 

no reported incidents of injury to or 

mortality of any marine mammal. NMFS 

does not expect take by serious injury or 

mortality to occur. Again, taking into 

consideration the historically low 

concentrations of bottlenose dolphins 

present within the BT–9 and BT–11 

areas; the small scale and spatial 

footprint of the proposed detonations 

within the target areas; the relatively 

short duration of the activities; and the 

incorporation of proven mitigation and 

monitoring measures to lessen adverse 

effects, NMFS expects the activities to 

have a negligible impact on marine 

mammals. 

Estimated Numbers of Marine 

Mammals Taken by Harassment 

NMFS’ analysis identified the lethal 

responses, physiological responses, and 

behavioral responses that could 

potentially result from exposure to 

underwater explosive detonations. In 

this section, NMFS will relate the 

potential effects to marine mammals 

from underwater detonation of 

explosives and direct strike by ordnance 

to the MMPA regulatory definitions of 

Level A and Level B harassment, serious 

injury, and mortality. This section will 

also quantify the effects that might 

occur from the military readiness 

activities in BT–9 and BT–11. 

Definition of Harassment 

The NDAA removed the ‘‘small 

numbers’’ and ‘‘specified geographic 

region’’ limitations indicated earlier in 

this document and amended the 

definition of harassment as it applies to 

a ‘‘military readiness activity’’ to read as 

follows: (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]. 

Level B Harassment 

Of the potential effects described in 

the proposed rule, the following are the 

types of effects that fall into the Level 

B harassment category: 

Behavioral Harassment—Behavioral 

disturbance that rises to the level 

described in the above definition, when 

resulting from exposures to nonimpulsive or impulsive sound, is Level 

B harassment. Some of the lower level 

physiological stress responses discussed 

earlier would also likely co-occur with 

the predicted harassments, although 

these responses are more difficult to 

detect and fewer data exist relating 

these responses to specific received 

levels of sound. When predicting Level 

B harassment based on estimated 

behavioral responses, those takes may 

have a stress-related physiological 

component. 

Acoustic Masking and 

Communication Impairment—NMFS 


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considers acoustic masking to be Level 

B harassment, as it can disrupt natural 

behavioral patterns by interrupting or 

limiting the marine mammal’s receipt or 

transmittal of important information or 

environmental cues. 

Temporary Threshold Shift (TTS)—As 

discussed previously, TTS can affect 

how an animal behaves in response to 

the environment, including 

conspecifics, predators, and prey. NMFS 

classifies TTS (when resulting from 

exposure to explosives and other 

impulsive sources) as Level B 

harassment, not Level A harassment 

(injury). 

Level A Harassment 

Of the potential effects that were 

described in the proposed rule, the 

following are the types of effects that 

fall into the Level A Harassment 

category: 

Permanent Threshold Shift (PTS)— 

PTS (resulting either from exposure to 

explosive detonations) is irreversible 

and NMFS considers this to be an 

injury. 

Physical Disruption of Tissues 

Resulting from Explosive Shock Wave— 

NMFS classifies physical damage of 

tissues resulting from a shock wave 

(from an explosive detonation) as an 

injury. 

NMFS considers direct strike by 

ordnance associated with the specified 

activities to be serious injury or 

mortality. 

Impulsive Sound Explosive Thresholds 

NMFS has identified three potential 

levels of take for the Marine Corps’ 

training exercises: Level B harassment; 

Level A harassment; and mortality (or 

serious injury leading to mortality). We 

present the acoustic thresholds for 

impulse sounds in this section. 

Table 7 summarizes the marine 

mammal impulsive sound explosive 

thresholds used for the Marine Corps’ 

acoustic impact modeling for marine 

mammal take in its application and 

2009 EA. Several standard acoustic 

metrics (Urick, 1983) describe the 

thresholds for predicting potential 

physical impacts from underwater 

pressure waves. They are: 

• Total energy flux density or Sound 

Exposure Level (SEL). For plane waves 

(as assumed here), SEL is the time 

integral of the instantaneous intensity, 

where the instantaneous intensity is 

defined as the squared acoustic pressure 

divided by the characteristic impedance 

of sea water. Thus, SEL is the 

instantaneous pressure amplitude 

squared, summed over the duration of 

the signal. Standard units are dB 

referenced to 1 re: mPa2-s. 

• 1⁄3-octave SEL. This is the SEL in a 1⁄3-octave frequency band. A 1⁄3-octave 

band has upper and lower frequency 

limits with a ratio of 21:3, creating 

bandwidth limits of about 23 percent of 

center frequency. 

• Positive impulse. This is the time 

integral of the initial positive pressure 

pulse of an explosion or explosive-like 

wave form. Standard units are Pa-s or 

psi-ms. 

• Peak pressure. This is the maximum 

positive amplitude of a pressure wave, 

dependent on charge mass and range. 

Standard units are psi, mPa, or Bar. 

TABLE 7—IMPULSIVE SOUND EXPLOSIVE THRESHOLDS USED BY THE MARINE CORPS IN ITS PREVIOUS ACOUSTICS

IMPACTS MODELING

Criterion Criterion definition Threshold 

Mortality .............................................................. Onset of severe lung injury (mass of dolphin 

calf: 12.2 kg) (1% probability of mortality).

31 psi-msec (positive impulse). 

Level A harassment (injury) ............................... 50% animals would experience ear drum rupture, 30% animals exposed sustain permanent threshold shift.205 dB re 1 μPa2-s EFD (full spectrum energy). 

Level A harassment (injury) ............................... Onset of slight lung injury (mass of dolphin 

calf: 12.2 kg).

13 psi-msec (positive impulse). 

Level B harassment ........................................... TTS and associated behavioral disruption ...... 23 psi peak pressure. 

Level B harassment ........................................... TTS and associated behavioral disruption 

(dual criteria).

182 dB re: 1 μPa2-s EFD*, 1⁄3-octave band. 

Level B harassment ........................................... Sub-TTS behavioral disruption (for multiple/

sequential detonations only).

177 dB re: 1 μPa2-s EFD*, 1⁄3-octave band. 

* Note: In greatest 1⁄3-octave band above 10 Hz or 100 Hz. 

NMFS previously developed the 

explosive thresholds for assessing 

impacts of explosions on marine 

mammals shown in Table 7 for the 

shock trials of the USS Seawolf and USS 

Winston S. Churchill. However, at 

NMFS’ recommendation, the Marine 

Corps has updated the thresholds used 

for onset of temporary threshold shift 

(TTS; Level B Harassment) and onset of 

permanent threshold shift (PTS; Level A 

Harassment) to be consistent with the 

thresholds outlined in the Navy’s report 

titled, ‘‘Criteria and Thresholds for U.S. 

Navy Acoustic and Explosive Effects 

Analysis Technical Report,’’ on which 

the Navy coordinated with NMFS. 

NMFS believes that the thresholds 

outlined in the Navy’s report represent 

the best available science. The report is 

available on the Internet at: http://

aftteis.com/Portals/4/aftteis/Supporting

%20Technical%20Documents/Criteria_

and_Thresholds_for_US_Navy_

Acoustic_and_Explosive_Effects_

Analysis-Apr_2012.pdf. 

Table 8 in this document outlines the 

revised acoustic thresholds used by 

NMFS for this rulemaking when 

addressing noise impacts from 

explosives. 


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TABLE 8—IMPULSIVE SOUND EXPLOSIVE THRESHOLDS USED BY THE MARINE CORPS IN ITS CURRENT ACOUSTICS

IMPACTS MODELING

Group 

Behavior Slight injury 

Mortality 

Behavioral TTS PTS Gastro-intestinal tract Lung 

Mid-frequency 

Cetaceans.

167 dB SEL .. 172 dB SEL 

or 23 psi.

187 dB SEL 

or 45.86 psi.

104 psi .......... 39.1 M1/3 (1+[DRm/10.081])1/2

Pa-sec.

Where: M = mass of the animals in kg DRm = depth of 

the receiver (animal) in 

meters.

91.4 M1/3 (1+DRm/10.081])1/2

Pa-sec. 

Where: M = mass of the animals in kg DRm = depth of 

the receiver (animal) in 

meters. 

The Marine Corps conservatively 

modeled that all explosives would 

detonate at a 1.2 m (3.9 ft) water depth 

despite the training goal of hitting the 

target, resulting in an above water or on 

land explosion. For sources detonated at 

shallow depths, it is frequently the case 

that the explosion may breech the 

surface with some of the acoustic energy 

escaping the water column. Table 9 

provides the estimated maximum range 

or radius, from the detonation point to 

the various thresholds described in 

Table 8. 

TABLE 9—DISTANCES (M) TO HARASSMENT THRESHOLDS FROM THE MARINE CORPS’ EXPLOSIVE ORDNANCE

Proposed ordnance NEW 

(lbs) Mortality 

Level A harassment Level B harassment 

187 dB 46 psi-msec 172 dB 23 psi 167 dB 

30 mm HE .............. 0 .1019 0 297 .8 8 .5 677 .7 70 856 .7 

40 mm HE .............. 0 .1199 0 168 .2 9 .5 467 .5 64 .4 604 .6 

2.75-inch Rocket .... 4 .8 29 .3 270 .4 49 .1 631 .5 197 .3 830 .4 

5-inch Rocket ......... 15 .0 39 .8 346 .1 63 .4 778 .7 233 .4 1,032 .4 

G911 Grenade ....... 0 .5 9 .6 136 .4 23 .3 416 .2 103 .5 547 .3 

Density Estimation 

The Marine Corps bases its method to 

estimate the number of marine 

mammals potentially affected using 

bottlenose dolphin densities (summer 

and winter), the amount/type of 

ordnance proposed, and distances to 

NMFS’ harassment threshold criteria. 

In 2000, Duke conducted a boat-based 

mark-recapture survey throughout the 

estuaries, bays and sounds of North 

Carolina (Read et al., 2003). The 2000 

boat-based survey yielded a dolphin 

density of 0.183 per square kilometer 

(km2) (0.071 square mile (mi2)) based on 

an estimate of 919 dolphins for the 

northern inshore waters divided by an 

estimated 5,015 km2 (1,936 mi2) survey 

area. 

In a follow-on aerial study (July 2002– 

June 2003) specifically in and around 

BT–9 and BT–11, Duke reported one 

sighting in the restricted area 

surrounding BT–9, two sightings in 

proximity to BT–11, and seven sightings 

in waters adjacent to the bombing 

targets (Maher, 2003). In total, 276 

bottlenose dolphins were sighted 

ranging in group size from two to 70 

animals with mean dolphin density in 

BT–11 more than twice as large as the 

density of any of the other areas; 

however, the daily densities were not 

significantly different (Maher, 2003). 

The researchers calculated the estimated 

dolphin density at BT–9 and BT–11 

based on these surveys to be 0.11 

dolphins/km2, and 1.23 dolphins/km2, 

respectively. 

For the regulations, the Marine Corps 

chose to estimate take of dolphins based 

on the higher density reported from the 

summer 2000 surveys (0.183/km2). 

Although the researchers conducted the 

aerial surveys year round and provided 

seasonal density estimates, the average 

year-round density from the aerial 

surveys is 0.0936, lower than the 0.183/ 

km2 density chosen to calculate take for 

purposes of these proposed regulations. 

Additionally, Goodman et al. (2007) 

acknowledged that boat based density 

estimates may be more accurate than the 

uncorrected estimates derived from the 

aerial surveys. 

Estimated Take From Explosives at BT– 

9 

In order to calculate take from 

ordnance, the Marine Corps considered 

the distances to which animals could be 

harassed along with dolphin density 

(0.183 km2) and based take calculations 

for munitions firing on 100 percent 

water detonation. Because the goal of 

training is to hit the targets and not the 

water, NMFS considers these take 

estimates based on 100 percent water 

detonation of munitions to be 

conservative. 

Table 10 presents the annual 

estimated take of bottlenose dolphins 

from exposure to explosive ordnance 

based on current thresholds. The Marine 

Corps has requested, and NMFS 

proposes to authorize, the incidental 

take of 323 bottlenose dolphins from 

Level B Harassment (behavioral and 

TTS) and 34 bottlenose dolphins from 

Level A Harassment (PTS) annually. 

Table 10 also includes an estimated 

annual take of 2 bottlenose dolphins by 

mortality (or serious injury leading to 

mortality) as a result of exposure to 

impulsive sound explosions. However, 

in consideration of the effectiveness of 

the mitigation measures, NMFS does not 

expect take by serious injury or 

mortality related to exposure to 

explosive ordnance to occur, and is not 

authorizing serious injury or mortality. 

The Marine Corps has conducted 

gunnery and bombing training exercises 

at BT–9 and BT–11 for several years 

and, to date, the monitoring reports do 

not indicate that dolphin injury, serious 

injury, or mortality has occurred as a 

result of the training exercises. Also, the 

Marine Corps has a history of notifying 

the NMFS stranding network when any 

injured or stranded animal comes 

ashore or is spotted by personnel on the 

water. The stranding responders have 

examined each of the stranded animals, 

confirming that it was unlikely that the 


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Marine Corps’ exercises resulted in the death or injury of the stranded marine 

mammal. 

TABLE 10—ANNUAL AND 5-YEAR ESTIMATED TAKE OF BOTTLENOSE DOLPHINS FROM EXPOSURE TO EXPLOSIVE

ORDNANCE BASED ON INDICATED THRESHOLDS AND THE ABSENCE OF MITIGATION MEASURES

Proposed ordnance Mortality 

Serious 

injury 

Level A harassment 

(PTS/slight lung injury) 

Level B harassment 

(TTS and behavior) 

104 psi 187 dB SEL/ 

Positive impulse 172 dB SEL 167 dB SEL 

30 mm HE ............................................................................ 0 (0.0) 0 (0.46) 3.70 17.18 10.41 

40 mm HE ............................................................................ 0 (0.0) 2 (1.56) 24.03 153.84 95.37 

2.75-inch Rocket .................................................................. 0 (0.06) 0 (0.34) 3.53 15.35 9.82 

5-inch Rocket ....................................................................... 0 (0.032) 0 (0.19) 1.66 7.21 4.77 

G911 Grenade ..................................................................... 0 (0.004) 0 (0.06) 0.87 4.60 2.91 

Annual Totals * ..................................................................... 0 2 34 199 124 

5-Year Totals ....................................................................... 0 10 170 1,615 

Estimates in parentheses less than or equal to 0.5 rounded to zero. 

Estimated Take by Direct Strike of 

Ordnance 

Table 11 presents the annual 

estimated take of bottlenose dolphins 

from direct strike by ordnance, which is 

zero for each location. In consideration 

of the effectiveness of the mitigation 

measures, NMFS does not expect take 

by serious injury or mortality related to 

direct strike to occur. 

TABLE 11—ANNUAL ESTIMATED TAKE OF BOTTLENOSE DOLPHINS FROM DIRECT STRIKE BY ORDNANCE

Bombing target Estimated annual 

ordnance levels Strike probability Estimated number of strikes Annual estimate 5-Year estimate 

BT–9 ...................................................... 1,225,815 2.61 × 10¥7 0 (0.32) 0 0 

BT–11 .................................................... 451,686.24 1 9.4 × 10¥8 0 (0.042) 0 0 

1BT–11 based on 36 percent of the total estimated ordnance levels (1,254,684) with a deployment footprint over water. In reanalyzing the data 

based on public comments, NMFS considered the modeled numbers less than or equal to 0.5 to be discountable for estimating take. Estimates 

in parentheses less than or equal to 0.5 rounded to zero. 

The Marine Corps conducted 

modeling for the bombing targets to 

determine the total surface area needed 

to contain 99.99 percent of initial and 

ricochet impacts (95 percent confidence 

interval) for each aircraft and ordnance 

type. It then generated the surface area 

or footprints of weapon impact areas 

associated with air-to-ground ordnance 

delivery and estimated that at both BT– 

9 and BT–11 the probability of deployed 

ordnance landing in the impact 

footprint is essentially 1.0, since the 

footprints were designed to contain 

99.99 percent of impacts, including 

ricochets. However, only 36 percent of 

the weapon footprint for BT–11 is over 

water in Rattan Bay. Water depths in 

Rattan Bay range from 3 m (10 ft) in the 

deepest part of the bay to 0.5 m (1.6 ft) 

close to shore. 

The Marine Corps calculated the 

probability of hitting a bottlenose 

dolphin at the bombing targets by 

multiplying the dolphin’s dorsal surface 

area by the density estimate of dolphins 

in the area. It estimated that the dorsal 

surface area of a bottlenose dolphin was 

approximately 1.425 m2 (15.3 ft2) with 

an average length and width of 2.85 m 

(9.3 ft) and 0.5 m (1.6 ft), respectively. 

Then using the density estimate of 0.183 

km2, it calculated the probability of 

direct strike in the waters of BT–9 as 

2.61 × 10¥7 and the probability of direct 

strike in the waters of BT–11 as 9.4 × 

10¥8. The probability for BT–11 is 64 

percent lower, because only 36 percent 

of the weapons footprint occurs over the 

water column. This method is the best 

available information for estimating the 

probability of ordnance striking a 

marine mammal in BT–9 or BT–11. 

Vessel Presence 

Interactions with vessels are not a 

new experience for bottlenose dolphins 

in Pamlico Sound. Pamlico Sound is 

heavily used by recreational, 

commercial (fishing, daily ferry service, 

tugs, etc.), and military (including the 

Navy, Air Force, and Coast Guard) 

vessels year-round. The NMFS’ 

Southeast Regional Office has 

developed marine mammal viewing 

guidelines to educate the public on how 

to responsibly view marine mammals in 

the wild and avoid causing a take 

(http://www.nmfs.noaa.gov/pr/

education/southeast/). The guidelines 

recommend that vessels should remain 

a minimum of 50 yards (45.7 m; 150 ft) 

from a dolphin, operate in a predictable 

manner, avoid excessive speed or 

sudden changes in speed or direction in 

the vicinity of animals, and not pursue, 

chase, or separate a group of animals. 

The Marine Corps would abide by these 

guidelines to the fullest extent 

practicable. The Marine Corps would 

not engage in high speed exercises if 

personnel detect a marine mammal 

within the immediate area of the 

bombing targets prior to training 

commencement and would never 

closely approach, chase, or pursue 

dolphins. Personnel monitoring on the 

vessels, marking success rate of target 

hits, and monitoring the remote camera 

would facilitate detection of marine 

mammals within the bombing targets. 

Based on the description of the action, 

the other activities regularly occurring 

in the area, the species that may be 

exposed to the activity and their 

observed behaviors in the presence of 

vessel traffic, and the implementation of 

measures to avoid vessel strikes, NMFS 

has determined that it is unlikely that 

the small boat maneuvers during 

surface-to-surface maneuvers would 

result in the take of any marine 


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mammals, in the form of either 

behavioral harassment, injury, serious 

injury, or mortality. 

Negligible Impact Analysis and 

Determinations 

Negligible impact is ‘‘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., populationlevel effects). An estimate of the number 

of Level B harassment takes, alone, is 

not enough information on which to 

base an impact determination. In 

addition to considering estimates of the 

number of marine mammals that might 

be ‘‘taken’’ through behavioral 

harassment, NMFS must consider other 

factors, such as the likely nature of any 

responses (their intensity, duration, 

etc.), the context of any responses 

(critical reproductive time or location, 

migration, etc.), as well as the number 

and nature of estimated Level A 

harassment takes, the number of 

estimated mortalities, and effects on 

habitat. 

NMFS would authorize Level A and 

Level B harassment only of bottlenose 

dolphins over the course of a 5-year 

period. The Marine Corps has described 

its specified activities based on best 

estimates of the number of sorties that 

it proposes to conduct training exercises 

at BT–9 and BT–11. The exact number 

of ordnance expenditures may vary from 

year to year, but will not exceed the 5- 

year total of ordnance expenditures 

based on the information in Tables 3 

and 4. NMFS does not anticipate that 

the take totals proposed for 

authorization would exceed the 5-year 

totals indicated in Tables 10 and 11. 

Tolerance 

Depending on the intensity of the 

shock wave and size, location, and 

depth of the animal, an animal can 

exhibit tolerance from hearing the blast 

sound. However, tolerance effects on 

bottlenose dolphins within the bombing 

target areas are difficult to assess given 

their affinity for the area. Scientific 

boat-based surveys conducted 

throughout Pamlico Sound conclude 

that dolphins use the areas around the 

BTs more frequently than other portions 

of Pamlico Sound (Maher, 2003), 

despite the Marine Corps actively 

training in a manner identical to the 

specified activities described here for 

years. Because of the low concentration 

of bottlenose dolphins present within 

the BT–9 and BT–11 areas, the 

incorporation of mitigation measures to 

lessen effects, and the short durations of 

the missions, NMFS expects that 

tolerance effects would be minimal and 

would affect a small number of marine 

mammals on an infrequent basis. 

Masking 

For reasons stated previously in the 

proposed rule, NMFS expects masking 

effects from ordnance detonation to be 

minimal because masking is typically of 

greater concern for those marine 

mammals that utilize low frequency 

communications, such as baleen whales. 

While it may occur temporarily, NMFS 

does not expect auditory masking to 

result in detrimental impacts to an 

individual’s or population’s survival, 

fitness, or reproductive success. 

Dolphin movement is not restricted 

within the BT–9 or BT–11 ranges, 

allowing for movement out of the area 

to avoid masking impacts. 

Disturbance 

The Level B harassment takes would 

likely result in dolphins being 

temporarily affected by bombing or 

gunnery exercises. However, the 

probability that detonation events will 

overlap in time and space with marine 

mammals is low, particularly given the 

densities of marine mammals in the 

vicinity of BT–9 and BT–11 and the 

implementation of monitoring and 

mitigation measures. Moreover, NMFS 

does not expect animals to experience 

repeat exposures to the same sound 

source, as bottlenose dolphins would 

likely move away from the source after 

being exposed. In addition, NMFS 

expects that these isolated exposures, 

when received at distances of Level B 

behavioral harassment, would cause 

brief startle reactions or short-term 

behavioral modification by the animals. 

These brief reactions and behavioral 

changes would disappear when the 

exposures cease. 

Read et al. (2003) concluded that 

dolphins rarely occur in open waters in 

the middle of North Carolina sounds 

and large estuaries, but instead are 

concentrated in shallow water habitats 

along shorelines. However, no specific 

areas have been identified as vital 

reproduction or foraging habitat. 

NMFS and the Marine Corps have 

estimated that individuals of bottlenose 

dolphins may sustain some level of 

temporary threshold shift (TTS) from 

underwater detonations. TTS can last 

from a few minutes to days, be of 

varying degree, and occur across various 

frequency bandwidths. Although the 

degree of TTS depends on the received 

noise levels and exposure time, studies 

show that TTS is reversible. NMFS 

expects the animals’ sensitivity to 

recover fully in minutes to hours based 

on the fact that the proposed 

underwater detonations are small in 

scale and isolated. In summary, we do 

not expect that these levels of received 

impulse noise from detonations would 

affect annual rates of recruitment or 

survival. 

Stress Response 

NMFS expects short-term effects such 

as stress during underwater detonations, 

as repeated exposure to sounds from 

underwater explosions may cause 

physiological stress that could lead to 

long-term consequences for the 

individual such as reduced survival, 

growth, or reproductive capacity. 

However, the time scale of individual 

explosions is very limited, and the 

Marine Corps disperses its training 

exercises in space and time. 

Consequently, repeated exposure of 

individual bottlenose dolphins to 

sounds from underwater explosions is 

not likely and most acoustic effects are 

expected to be short-term and localized. 

NMFS does not expect long-term 

consequences for populations because 

the BT–9 and BT–11 areas continue to 

support bottlenose dolphins in spite of 

ongoing missions. The best available 

data do not suggest that there is a 

decline in the Pamlico Sound 

population due to these exercises. 

Permanent Threshold Shift 

NMFS believes that many marine 

mammals would deliberately avoid 

exposing themselves to the received 

levels of explosive ordnance necessary 

to induce injury by moving away from 

or at least modifying their path to avoid 

a close approach. Also, in the unlikely 

event that an animal approaches the 

bombing target at a close distance, 

NMFS believes that the mitigation 

measures (i.e., the delay/postponement 

of missions) would typically ensure that 

animals would not be exposed to 

injurious levels of sound. As discussed 

previously, the Marine Corps utilizes 

both aerial and passive acoustic 

monitoring in addition to personnel on 

vessels to detect marine mammals for 

mitigation implementation. The 

potential for permanent hearing 

impairment and injury is low due to the 

incorporation of the proposed 

mitigation measures specified in this 

final rule. 

Lethal Responses 

As stated previously, NMFS would 

not authorize take by mortality (or 

serious injury leading to mortality). 

There have been no recorded incidents 


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of mortality or serious injury of marine 

mammals resulting from previous 

missions in BT–9 or BT–11 to date. 

Based on the Marine Corps’ compliance 

with previous authorizations for the 

same activities, NMFS expects the 

proposed mitigation and monitoring 

measures to minimize the potential risk 

for serious injury or mortality and does 

not expect these types of takes to occur. 

The Marine Corps has conducted 

gunnery and bombing training exercises 

at BT–9 and BT–11 for several years 

and, to date, the monitoring reports do 

not indicate that dolphin injury, serious 

injury, or mortality has occurred as a 

result of its training exercises. Also, the 

Marine Corps has a history of notifying 

the NMFS stranding network when any 

injured or stranded animal comes 

ashore or is spotted by personnel on the 

water. The stranding responders have 

examined each of the stranded animals, 

confirming that it was unlikely that the 

Marine Corps’ exercises resulted in the 

death or injury of the stranded marine 

mammal. 

Synopsis 

As described in the Affected Species 

section of this final rule, bottlenose 

dolphin stock segregation is complex 

with stocks overlapping throughout the 

coastal and estuarine waters of North 

Carolina. It is not possible for the 

Marine Corps to determine to which 

stock any individual dolphin taken 

during training activities belongs, as this 

can only be accomplished through 

genetic testing. However, it is likely that 

many of the dolphins encountered 

would belong to the Northern or 

Southern North Carolina Estuarine 

System stocks. These stocks have 

abundance estimates of 950 and 188 

animals, respectively, and are not listed 

as threatened or endangered under the 

ESA. 

In addition, the potential for 

temporary or permanent hearing 

impairment and injury is low and 

through the incorporation of the 

proposed mitigation measures specified 

in this document would have the least 

practicable adverse impact on the 

affected species or stocks. The 

information contained in the Marine 

Corps’ application, the 2009 EA, and 

this document support NMFS’ finding 

that impacts will be mitigated by 

implementation of a conservative safety 

range for marine mammal exclusion in 

Rattan Bay, incorporation of platform 

and aerial survey monitoring efforts 

both prior to and after detonation of 

explosives, and delay/postponement/

cancellation of detonations whenever 

marine mammals or other specified 

protected resources are either detected 

within the bombing target areas or enter 

the bombing target areas at the time of 

detonation, or if weather and sea 

conditions preclude adequate 

surveillance. 

The Marine Corps has complied with 

the requirements of the previous 

incidental harassment authorizations 

issued for similar activities, and 

reported few observed takes of marine 

mammals incidental to these training 

exercises. 

Based on the best available 

information, NMFS authorizes: take by 

Level B harassment of 1,615 bottlenose 

dolphins and take by Level A 

harassment of 170 bottlenose dolphins 

only. This represents an overestimate of 

the number of individuals harassed over 

the duration of the final rule and LOA 

because these totals represent much 

smaller numbers of individuals that may 

be harassed multiple times. There are no 

stocks known from the action area listed 

as threatened or endangered under the 

ESA. Two bottlenose dolphin stocks 

designated as strategic under the MMPA 

may be affected by the Marine Corps’ 

activities. In this case, under the 

MMPA, strategic stock means a marine 

mammal stock for which the level of 

direct human-caused mortality exceeds 

the potential biological removal level. 

These include the Southern North 

Carolina Estuarine System and Northern 

North Carolina Estuarine System Stocks. 

NMFS does not expect the this action to 

result in long-term impacts such as 

permanent abandonment or reduction in 

presence at BT–9 or BT–11. No impacts 

are expected at the population or stock 

level. 

Taking into account information 

presented in this final rule, the Marine 

Corps’ application and 2014 application 

addendum, the 2009 EA, and results 

from previous monitoring reports, 

NMFS has determined that the total 

level of take incidental to authorized 

training exercises over the 5-year 

effective period of the regulations would 

have a negligible impact on the marine 

mammal species and stocks affected at 

BT–9 and BT–11 in Pamlico Sound, NC. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. Therefore, NMFS has 

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) 

For the reasons explained above, this 

action will not affect any ESA-listed 

species or designated critical habitat 

under NMFS’ jurisdiction. Therefore, 

there is no requirement for NMFS to 

consult under Section 7 of the ESA on 

the issuance of an Authorization under 

section 101(a)(5)(A) of the MMPA. 

National Environmental Policy Act 

(NEPA) 

On February 11, 2009, the Marine 

Corps issued a Finding of No Significant 

Impact for its Environmental 

Assessment (EA) on MCAS Cherry Point 

Range Operations. Based on the analysis 

of the EA, the Marine Corps determined 

that the proposed action would not have 

a significant impact on the human 

environment. 

After evaluating the Marine Corps’ 

application and the 2009 EA, NMFS 

determined that there were changes to 

the proposed action (i.e., increased 

ammunitions levels) and new 

environmental impacts (i.e., the use of 

revised thresholds for estimating 

potential impacts on marine mammals 

from explosives) not addressed in the 

2009 EA. In 2015, NMFS conducted a 

new analysis per NEPA, augmenting the 

information contained in the Marine 

Corps’ 2009 EA, on the issuance of 

MMPA rulemaking and a subsequent 

LOA. In February 2015, NMFS 

determined that the issuance of this 

regulation and subsequent LOA would 

not have a significant effect on the 

quality of the human environment and 

issued a FONSI. In 2015, the Marine 

Corps issued a new FONSI for their 

activities under the regulations and 

subsequent LOA. 

Classification 

This action does not contain any 

collection of information requirements 

for purposes of the Paperwork 

Reduction Act of 1980 (44 U.S.C. 3501 

et seq.). 

The Office of Management and Budget 

has determined that this final rule is not 

significant for purposes of Executive 

Order 12866. 

Pursuant to the Regulatory Flexibility 

Act, 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, if 

adopted, would not have a significant 

economic impact on a substantial 

number of small entities. NMFS 

published the certification in the 

Federal Register notice of the proposed 

rulemaking on July 15, 2014. NMFS 

received no comments about the 


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13284 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 

certification. Accordingly, a final 

regulatory flexibility analysis is not 

required and NMFS has not prepared 

one for this rulemaking. 

The Assistant Administrator for 

Fisheries has determined that there is 

good cause under the Administrative 

Procedure Act (5 U.S.C. 553(d)(3)) to 

waive the 30-day delay in effective date 

of the measures contained in the final 

rule. The Marine Corps has a 

compelling national policy reason to 

continue military readiness activities 

without interruption to the routine 

training at Marine Corps Air Station 

Cherry Point Range Complex. 

This rulemaking began after our 

receipt of the Marine Corps’ revised 

application for take authorization in 

May 2014. Since that time, NMFS has 

prepared an EA for the rulemaking and 

subsequent LOA for the Marine Corps’ 

activities. Both agencies seriously 

considered all public comments and 

worked together to ensure an outcome 

that satisfied both the Marine Corps 

purpose and need and our statutory 

responsibilities under the MMPA. 

The Marine Corps has a compelling 

national policy reason to continue 

military readiness activities without 

interruption to their military training 

activities. Under these circumstances, it 

was not possible to finalize the MMPA 

rulemaking and the NEPA obligations 

with sufficient time to allow for the 30- 

day delay in effectiveness date. 

As discussed below, suspension/

interruption of the Marine Corps’ ability 

to conduct training exercises disrupts 

adequate and realistic testing of military 

equipment, weapons, and sensors for 

proper operation and suitability for 

combat essential to national security. 

In order to meet its national security 

objectives, the Marine Corps must 

continually maintain its ability to train 

and operate. To meet these objectives, 

the Marine Corps must identify, 

develop, and procure defense systems 

by continually integrating test and 

evaluation support throughout the 

defense acquisition process and 

providing essential information to 

decision-makers. Such testing and 

evaluation is critical in determining that 

defense systems perform as expected 

and whether these systems are 

operationally effective, suitable, 

survivable, and safe for their intended 

use. 

In order to effectively fulfill its 

national security mission, the Marine 

Corps has a need to conduct training 

activities covered by this final rule as 

soon as possible. A 30-day delay further 

reduces the amount of time the Marine 

Corps has available to plan for and 

execute an activity covered by this rule. 

Further, should an immediate national 

security issue arise; the 30-day delay 

would prevent the Marine Corps from 

meeting its mission, which would have 

adverse national security consequences. 

Waiver of the 30-day delay of the 

effective date of the final rule will allow 

the Marine Corps to continue training 

marines quickly, while also ensuring 

compliance with the MMPA. 

List of Subjects in 50 CFR Part 218 

Exports, Fish, Imports, Indians, 

Labeling, Marine mammals, Penalties, 

Reporting and recordkeeping 

requirements, Seafood, Transportation. 

Dated: March 4, 2015. 

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 

■ 1. The authority citation for part 218 

continues to read as follows: 

Authority: 16 U.S.C. 1361 et seq. 

■ 2. Subpart E is added to part 218 to 

read as follows: 

Subpart E—Taking Marine Mammals 

Incidental to U.S. Marine Corps Training 

Exercises at Brant Island Bombing Target 

and Piney Island Bombing Range, Pamlico 

Sound, North Carolina 

Sec. 

218.40 Specified activity and location of 

specified activities. 

218.41 Effective dates. 

218.42 Permissible methods of taking. 

218.43 Prohibitions. 

218.44 Mitigation. 

218.45 Requirements for monitoring and 

reporting. 

218.46 Applications for Letters of 

Authorization. 

218.47 Letter of Authorization. 

218.48 Renewal and Modifications of 

Letters of Authorization. 

Subpart E—Taking Marine Mammals 

Incidental to U.S. Marine Corps 

Training Exercises at Brant Island 

Bombing Target and Piney Island 

Bombing Range, Pamlico Sound, North 

Carolina 

§ 218.40 Specified activity and location of 

specified activities. 

(a) Regulations in this subpart apply 

only to the U.S. Marine Corps (Marine 

Corps) for the incidental taking of 

marine mammals that occurs in the area 

outlined in paragraph (b) of this section 

incidental to the activities described in 

paragraph (c) of this section. 

(b) The taking of marine mammals by 

the Marine Corps is only authorized if 

it occurs within the Brant Island Target 

(BT–9) and Piney Island Bombing Range 

(BT–11) bombing targets at the Marine 

Corps Air Station Cherry Point Range 

Complex located within Pamlico Sound, 

North Carolina (as depicted in Figure 3– 

1 of the Marine Corps’ request for 

regulations and Letter of Authorization). 

The BT–9 area is a water-based bombing 

target and mining exercise area located 

approximately 52 kilometers (km) (32.3 

miles (mi)) northeast of Marine Air 

Corps Station Cherry Point. The BT–11 

area encompasses a total of 50.6 square 

kilometers (km2) (19.5 square miles 

(mi2)) on Piney Island located in 

Carteret County, North Carolina. 

(c) The taking of marine mammals by 

the Marine Corps is only authorized if 

it occurs incidental to the following 

activities within the annual amounts of 

use: 

(1) The level of training activities in 

the amounts indicated here: 

(i) Surface-to-Surface Exercises—up to 

471 vessel-based sorties annually at BT– 

9 and BT–11; and 

(ii) Air-to-Surface Exercises—up to 

14,586 air-based based sorties annually 

at BT–9 and BT–11. 

(2) The use of the following live 

ordnance for Marine Corps training 

activities at BT–9, in the total amounts 

over the course of the five-year rule 

indicated here: 

(i) 30 mm HE—17,160 rounds; 

(ii) 40 mm HE—52,100 rounds; 

(iii) 2.75-inch Rocket—1,100 rounds; 

(iv) 5-inch Rocket—340 rounds; and 

(v) G911 Grenade—720 rounds. 

(3) The use of the following inert 

ordnance for Marine Corps training 

activities at BT–9 and BT–11, in the 

total amounts over the course of the 

five-year rule indicated here: 

(i) Small arms excluding .50 cal (7.62 

mm)—2,628,050 rounds at BT–9 and 

3,054,785 rounds at BT–11; 

(ii) 0.50 Caliber arms—2,842,575 

rounds at BT–9 and 1,833,875 rounds at 

BT–11; 

(iii) Large arms (up to 25 mm)— 

602,025 rounds at BT–9 and 1,201,670 

rounds at BT–11; 

(iv) Rockets, inert (2.75-inch rocket, 

2.75-inch illumination, 2.75-inch white 

phosphorus, 2.75-inch red phosphorus; 

5-inch rocket, 5-inch illumination, 5- 

inch white phosphorus, 5-inch red 

phosphorus)—4,220 rounds at BT–9 and 

27,960 rounds at BT–11; 

(v) Bombs, inert (BDU–45 practice 

bomb, MK–76 practice bomb, MK–82 

practice bomb, MK–83 practice bomb)— 

4,055 rounds at BT–9 and 22,114 rounds 

at BT–11; and 

(vi) Pyrotechnics—4,496 rounds at 

BT–9 and 8,912 at BT–11. 


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§ 218.41 Effective dates. 

Regulations in this subpart are 

effective from March 13, 2015 until 

March 12, 2020. 

§ 218.42 Permissible methods of taking. 

(a) Under a Letter of Authorization 

issued pursuant to § 216.106 of this 

chapter and § 218.47, the Holder of the 

Letter of Authorization may 

incidentally, but not intentionally, take 

marine mammals by Level A and Level 

B harassment only within the area 

described in § 218.40(b), provided the 

activity is in compliance with all terms, 

conditions, and requirements of these 

regulations and the appropriate Letter of 

Authorization. 

(b) The incidental take of marine 

mammals under the activities identified 

in § 218.40(c) is limited to the following 

species, by the indicated method of take 

and the indicated number over a fiveyear period: 

(1) Level B Harassment: 

(i) Atlantic bottlenose dolphin 

(Tursiops truncatus)—1,615. 

(ii) [Reserved] 

(2) Level A Harassment: 

(i) Atlantic bottlenose dolphin—170. 

(ii) [Reserved] 

§ 218.43 Prohibitions. 

No person in connection with the 

activities described in § 218.40 shall: 

(a) Take any marine mammal not 

specified in § 218.42(c); 

(b) Take any marine mammal 

specified in § 218.42(c) other than by 

incidental take as specified in 

§ 218.42(c)(1) and (2); 

(c) Take a marine mammal specified 

in § 218.42(c) if such taking results in 

more than a negligible impact on the 

species or stocks of such marine 

mammal; or 

(d) Violate, or fail to comply with, the 

terms, conditions, and requirements of 

these regulations or a Letter of 

Authorization issued under § 216.106 of 

this chapter and § 218.47. 

§ 218.44 Mitigation. 

(a) When conducting operations 

identified in § 218.40(c), the mitigation 

measures contained in the Letter of 

Authorization issued under § 216.106 of 

this chapter and § 218.47 must be 

implemented. These mitigation 

measures include, but are not limited to: 

(b) Training Exercises at BT–9 and 

BT–11: 

(1) Safety Zone: 

(i) The Marine Corps shall establish 

and monitor a safety zone for marine 

mammals comprising the entire Rattan 

Bay area at BT–11. 

(ii) The Marine Corps shall establish 

and monitor a safety zone for marine 

mammals comprising a radius of 914 

meters (m) (3,000 feet) around the target 

area at BT–9. 

(2) For training exercises, the Marine 

Corps shall comply with the monitoring 

requirements, including pre-mission 

and post-mission monitoring, set forth 

in § 218.45(c). 

(3) When detonating explosives or 

delivering ordnance: 

(i) If personnel observe any marine 

mammals within the safety zone 

prescribed in paragraph (b)(1) of this 

section, or if personnel observe marine 

mammals that are on a course that will 

put them within the designated safety 

zone prior to surface-to-surface or air-tosurface training exercises, the Marine 

Corps shall delay ordnance delivery 

and/or explosives detonations until all 

marine mammals are no longer within 

the designated safety zone. 

(ii) If personnel cannot reacquire 

marine mammals detected in the safety 

zone after delaying training missions, 

the Marine Corps shall not commence 

activities until the next verified location 

of the animal is outside of the safety 

zone and the animal is moving away 

from the mission area. 

(iii) If personnel are unable to monitor 

the safety zone prescribed in paragraph 

(b)(1) of this section, then the Marine 

Corps shall delay training exercises. 

(iv) If daytime weather and/or sea 

conditions preclude adequate 

surveillance for detecting marine 

mammals, then the Marine Corps shall 

postpone training exercises until 

adequate sea conditions exist for 

adequate monitoring of the safety zone 

prescribed in paragraph (b)(1) of this 

section. 

(4) Pre-Mission and Post-Mission 

Monitoring: 

(i) Range operators shall conduct or 

direct visual surveys to monitor BT–9 or 

BT–11 for marine mammals before and 

after each exercise. Range operation and 

control personnel shall monitor the 

target area through two tower-mounted 

safety and surveillance cameras. 

(ii) Range operators shall use the 

surveillance camera’s night vision (i.e., 

infrared) capabilities to monitor BT–9 or 

BT–11 for marine mammals during 

night-time exercises. 

(iii) For BT–9, in the event that a 

marine mammal is sighted within the 

914-m (3,000-ft) radius around the target 

area, personnel shall declare the area as 

fouled and cease training exercises. 

Personnel shall commence operations in 

BT–9 only until the marine mammal 

moves beyond and on a path away from 

the 914-m (3,000 ft) radius from the BT– 

9 target. 

(iv) For BT–11, in the event that a 

marine mammal is sighted anywhere 

within the confines of Rattan Bay, 

personnel shall declare the water-based 

targets within Rattan Bay as fouled and 

cease training exercises. Personnel shall 

commence operations in BT–11 only 

after the animal has moved out of Rattan 

Bay. 

(5) Range Sweeps for Safety Zone 

Monitoring and Delay of Exercises: 

(i) The Marine Corps shall conduct a 

range sweep the morning of each 

exercise day prior to the commencement 

of range operations. 

(ii) The Marine Corps shall also 

conduct a range sweep after each 

exercise following the conclusion of 

range operations. 

(iii) Marine Corps Air Station 

personnel shall conduct the sweeps by 

aircraft at an altitude of 100 to 300 m 

(328 to 984 ft) above the water surface, 

at airspeeds between 60 to 100 knots. 

(iv) The path of the sweeps shall run 

down the western side of BT–11, circle 

around BT–9, and then continue down 

the eastern side of BT–9 before leaving 

the area. 

(v) The maximum number of days that 

shall elapse between pre- and postexercise monitoring events shall be 

approximately 3 days, and will 

normally occur on weekends. 

(6) Cold Pass by Aircraft: 

(i) For waterborne targets, the pilot 

must perform a low-altitude visual 

check immediately prior to ordnance 

delivery at the bombing targets both day 

and night to ensure the target area is 

clear of marine mammals. This is 

referred to as a ‘‘cold’’ or clearing pass. 

(ii) Pilots shall conduct the cold pass 

with the aircraft (helicopter or fixedwinged) flying straight and level at 

altitudes of 61 to 914 m (200 to 3,000 

ft) over the target area. 

(iii) If marine mammals are present in 

the target area during a range sweep, 

cold pass, or visual surveillance with 

the camera, the Range Controller shall 

deny ordnance delivery to the target as 

conditions warrant. If marine mammals 

are not present in the target area, the 

Range Controller may grant clearance to 

the pilot as conditions warrant. 

(7) Vessel Operation: 

(i) All vessels used during training 

operations shall abide by NMFS’ 

Southeast Regional Viewing Guidelines 

designed to prevent harassment to 

marine mammals (http://

www.nmfs.noaa.gov/pr/education/

southeast/). 

(ii) [Reserved] 

§ 218.45 Requirements for monitoring and 

reporting. 

(a) The Holder of the Letter of 

Authorization issued pursuant to 

§ 216.106 of this chapter and § 218.47 


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13286 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 

for activities described in § 218.40(c) is 

required to conduct the monitoring and 

reporting measures specified in this 

section and § 218.44 and any additional 

monitoring measures contained in the 

Letter of Authorization. 

(b) The Holder of the Letter of 

Authorization is required to cooperate 

with the National Marine Fisheries 

Service, and any other Federal, state, or 

local agency monitoring the impacts of 

the activity on marine mammals. Unless 

specified otherwise in the Letter of 

Authorization, the Holder of the Letter 

of Authorization must notify the 

Director, Office of Protected Resources, 

National Marine Fisheries Service, or 

designee, by letter or telephone (301– 

427–8401), at least 2 weeks prior to any 

modification to the activity identified in 

§ 218.40(c) that has the potential to 

result in the serious injury, mortality, or 

Level A or Level B harassment of a 

marine mammal that was not identified 

and addressed previously. 

(c) Monitoring Procedures for 

Missions at BT–9 and BT–11: 

(1) The Holder of this Authorization 

shall: 

(i) Designate qualified on-site 

individual(s) to record the effects of 

training exercises on marine mammals 

that inhabit Pamlico Sound; 

(ii) Require operators of small boats, 

and other personnel monitoring for 

marine mammals from watercraft to take 

the Marine Species Awareness Training 

(Version 2), provided by the Department 

of the Navy. 

(iii) Instruct pilots conducting range 

sweeps on marine mammal observation 

techniques during routine Range 

Management Department briefings. This 

training would make personnel 

knowledgeable of marine mammals, 

protected species, and visual cues 

related to the presence of marine 

mammals and protected species. 

(iv) Continue the Long-Term 

Monitoring Program to obtain 

abundance, group dynamics (e.g., group 

size, age census), behavior, habitat use, 

and acoustic data on the bottlenose 

dolphins which inhabit Pamlico Sound, 

specifically those around BT–9 and BT– 

11. 

(v) Continue the Passive Acoustic 

Monitoring (PAM) Program to provide 

additional insight into how dolphins 

use BT–9 and BT–11 and to monitor for 

vocalizations. 

(vi) Continue to refine the real-time 

passive acoustic monitoring system at 

BT–9 to allow automated detection of 

bottlenose dolphin whistles. 

(d) Reporting: 

(1) Unless specified otherwise in the 

Letter of Authorization, the Holder of 

the Letter of Authorization shall 

conduct all of the monitoring and 

reporting required under the LOA and 

shall submit an annual and 

comprehensive report to the Director, 

Office of Protected Resources, National 

Marine Fisheries Service by a date 

certain to be specified in the LOA. This 

report must include the following 

information: 

(i) Date and time of each training 

exercise; 

(ii) A complete description of the preexercise and post-exercise activities 

related to mitigating and monitoring the 

effects of the training exercises on 

marine mammal populations; 

(iii) Results of the Marine Corps 

monitoring, including numbers by 

species/stock of any marine mammals 

injured or killed as a result of the 

training exercises and number of marine 

mammals (by species, if possible) that 

may have been harassed due to presence 

within the applicable safety zone; 

(iv) A detailed assessment of the 

effectiveness of the sensor-based 

monitoring in detecting marine 

mammals in the area of the training 

exercises; and 

(v) Results of coordination with 

coastal marine mammal stranding 

networks. The Marine Corps shall 

coordinate with the local NMFS 

Stranding Coordinator to discuss any 

unusual marine mammal behavior and 

any stranding, beached (live or dead), or 

floating marine mammals that may 

occur at any time during training 

activities or within 24 hours after 

completion of training. 

(2) The Marine Corps will submit an 

annual report to NMFS by June 1st of 

each year starting in 2016. The first 

report will cover the time period from 

issuance of the March 2015 Letter of 

Authorization through March 12, 2016. 

Each annual report after that time will 

cover the time period from March 13 

through March 12, annually. 

(3) The Marine Corps shall submit a 

draft comprehensive report on all 

marine mammal monitoring and 

research conducted during the period of 

these regulations to the Director, Office 

of Protected Resources, NMFS at least 

180 days prior to expiration of these 

regulations or 180 days after the 

expiration of these regulations if the 

Marine Corps will not request new 

regulations. 

(i) The draft comprehensive report 

will be subject to review and comment 

by NMFS. Prior to acceptance by NMFS, 

the Marine Corps must address any 

recommendations made by NMFS, 

within 60 days of its receipt, in the final 

comprehensive report. 

(ii) [Reserved] 

(4) General Notification of Injured or 

Dead Marine Mammals: 

(i) The Marine Corps shall 

systematically observe training 

operations for injured or disabled 

marine mammals. In addition, the 

Marine Corps shall monitor the 

principal marine mammal stranding 

networks and other media to correlate 

analysis of any dolphin strandings that 

could potentially be associated with 

BT–9 or BT–11 training operations. 

(ii) Marine Corps personnel shall 

notify NMFS immediately, or as soon as 

clearance procedures allow, if personnel 

find an injured, stranded, or dead 

marine mammal during or shortly after, 

and in the vicinity of, any training 

operations. The Marine Corps shall 

provide NMFS with species or 

description of the animal(s), the 

condition of the animal(s) (including 

carcass condition if the animal is dead), 

location, time of first discovery, 

observed behaviors (if alive), and photo 

or video (if available). 

(iii) In the event that an injured, 

stranded, or dead marine mammal is 

found by Marine Corps personnel that is 

not in the vicinity of, or found during 

or shortly after operations, the Marine 

Corps personnel will report the same 

information listed above as soon as 

operationally feasible and clearance 

procedures allow. 

(5) General Notification of a Ship 

Strike: 

(i) In the event of a vessel strike, at 

any time or place, the Marine Corps 

shall do the following: 

(ii) Immediately report to NMFS the 

species identification (if known), 

location (lat/long) of the animal (or the 

strike if the animal has disappeared), 

and whether the animal is alive or dead 

(or unknown); 

(iii) Report to NMFS as soon as 

operationally feasible the size and 

length of the animal, an estimate of the 

injury status (e.g., dead, injured but 

alive, injured and moving, unknown, 

etc.), vessel class/type, and operational 

status; 

(iv) Report to NMFS the vessel length, 

speed, and heading as soon as feasible; 

and 

(v) Provide NMFS with a photo or 

video, if equipment is available. 

§ 218.46 Applications for Letters of 

Authorization. 

To incidentally take marine mammals 

pursuant to these regulations, the U.S. 

citizen (as defined at § 216.103 of this 

chapter) conducting the activities 

identified in § 218.40 must apply for 

and obtain either an initial Letter of 

Authorization in accordance with 


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Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 13287 

§ 216.106 of this chapter and § 218.47 or 

a renewal under § 218.48. 

§ 218.47 Letter of Authorization. 

(a) To incidentally take marine 

mammals pursuant to these regulations, 

the Marine Corps must apply for and 

obtain a Letter of Authorization. 

(b) A Letter of Authorization, unless 

suspended or revoked, may be effective 

for a period of time not to exceed the 

expiration date of these regulations. 

(c) If a Letter of Authorization expires 

prior to the expiration date of these 

regulations, the Marine Corps must 

apply for and obtain a renewal of the 

Letter of Authorization. 

(d) In the event of any changes to the 

activity or to mitigation and monitoring 

measures required by a Letter of 

Authorization, the Marine Corps must 

apply for and obtain a modification of 

the Letter of Authorization as described 

in § 218.48. 

(e) The Letter of Authorization shall 

set forth: 

(1) Permissible methods of incidental 

taking; 

(2) Means of effecting the least 

practicable adverse impact (i.e., 

mitigation) on the species, its habitat, 

and on the availability of the species for 

subsistence uses; and 

(3) Requirements for monitoring and 

reporting. 

(f) Issuance of the Letter of 

Authorization shall be based on a 

determination that the level of taking 

will be consistent with the findings 

made for the total taking allowable 

under these regulations. 

(g) Notice of issuance or denial of a 

Letter of Authorization shall be 

published in the Federal Register 

within 30 days of a determination. 

§ 218.48 Renewals and Modifications of 

Letters of Authorization. 

(a) A Letter of Authorization issued 

under § 216.106 of this chapter and 

§ 218.47 for the activity identified in 

§ 218.40 shall be renewed or modified 

upon request by the applicant, provided 

that: 

(1) The proposed 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 § 218.47(c)(1)), and 

(2) NMFS determines that the 

mitigation, monitoring, and reporting 

measures required by the previous 

Letter of Authorization under these 

regulations were implemented. 

(b) For Letter of Authorization 

modification or renewal requests by the 

applicant that include changes to the 

activity or the mitigation, monitoring, or 

reporting (excluding changes made 

pursuant to the adaptive management 

provision in § 218.47(c)(1)) 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 takes (or distribution by 

species or years), NMFS may publish a 

notice of proposed Letter of 

Authorization in the Federal Register, 

including the associated analysis 

illustrating the change, and solicit 

public comment before issuing the 

Letter of Authorization. 

(c) A Letter of Authorization issued 

under § 216.106 of this chapter and 

§ 218.47 for the activity identified in 

§ 218.40 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 the Marine Corps 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. 

(i) Possible sources of data that could 

contribute to the decision to modify the 

mitigation, monitoring, or reporting 

measures in a Letter of Authorization 

include: 

(A) Results from the Marine Corps’ 

monitoring from the previous year(s); 

(B) Results from other marine 

mammal and/or sound research or 

studies; or 

(C) Any information that reveals 

marine mammals may have been taken 

in a manner, extent, or number not 

authorized by these regulations or 

subsequent Letters of Authorization. 

(ii) If, through adaptive management, 

the modifications to the mitigation, 

monitoring, or reporting measures are 

substantial, NMFS shall publish a notice 

of proposed Letter of Authorization in 

the Federal Register and solicit public 

comment. 

(2) 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 in § 218.42(c), a Letter of 

Authorization may be modified without 

prior notice or opportunity for public 

comment. NMFS will publish a notice 

in the Federal Register within 30 days 

subsequent to the action. 

[FR Doc. 2015–05797 Filed 3–12–15; 8:45 am] 

BILLING CODE 3510–22–P 


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