[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51341-51347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17224]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 031005B]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Naval Explosive Ordnance Disposal School training operations at Eglin 
Air Force Base, Florida

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the provisions of the Marine Mammal 
Protection Act (MMPA) as amended, notification is hereby given that 
NMFS has issued an Incidental Harassment Authorization (IHA) to Eglin 
Air Force Base (EAFB) to take marine mammals by Level B harassment 
incidental to Naval Explosive Ordnance Disposal School (NEODS) training 
operations, which include up to 30 detonations per year of small C-4 
charges, off Santa Rosa Island (SRI) at EAFB.

DATES: Effective from August 1, 2005, through July 31, 2006.

ADDRESSES: A copy of the IHA and the application are available by 
writing to Steve Leathery, Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by 
telephoning the contact listed here. A copy of the application 
containing a list of references used in this document may be obtained 
by writing to this address, by telephoning the contact listed here (see 
FOR FURTHER INFORMATION CONTACT) or online at: http://
www.nmfs.noaa.gov/prot--res/PR2/Small--Take/

[[Page 51342]]

smalltake--info.htm<greek-i>applications. Documents cited in this 
notice may be viewed, by appointment, during regular business hours, at 
the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected 
Resources, NMFS, (301) 713-2289, ext 166.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional taking of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified geographical region if certain findings are 
made and either regulations are issued or, if the taking is limited to 
harassment, notice of a proposed authorization is provided to the 
public for review.
    Authorization for incidental takings may be granted if NMFS finds 
that the taking will have no more than a negligible impact on the 
species or stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses, and that 
the permissible methods of taking and requirements pertaining to the 
monitoring and reporting of such taking are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
    an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.

    Subsection 101(a)(5)(D) of the MMPA established an expedited 
process by which citizens of the United States can apply for an 
authorization to incidentally take small numbers of marine mammals by 
harassment. The National Defense Authorization Act of 2004 (NDAA) 
(Public Law 108-136) amended the definition of ``harassment'' in 
section 18(A) of the MMPA 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].
    Section 101(a)(5)(D) establishes a 45-day time limit for NMFS 
review of an application followed by a 30-day public notice and comment 
period on any proposed authorizations for the incidental harassment of 
small numbers of marine mammals. Within 45 days of the close of the 
comment period, NMFS must either issue or deny issuance of the 
authorization.

Summary of Request

    On March 11, 2004, NMFS received an application from EAFB, under 
section 101(a)(5)(D) of the MMPA, requesting authorization for the 
harassment of Atlantic bottlenose dolphins (Tursiops truncatus) and 
Atlantic spotted dolphins (Stenella frontalis) incidental to NEODS 
training operations at EAFB, Florida, in the northern Gulf of Mexico 
(GOM). Each of up to six missions per year would include up to five 
live detonations of approximately 5-pound (2.3-kg) net explosive weight 
charges to occur in approximately 60-ft (18.3-m) deep water from 1-3 nm 
(1.9 to 5.6 km) off shore. Because this activity will be a multi-year 
activity, NMFS also plans to develop proposed regulations for NEODS 
training operations at EAFB.

Specified Activities

    The mission of NEODS is to train personnel to detect, recover, 
identify, evaluate, render safe, and dispose of unexploded ordnance 
(UXO) that constitutes a threat to people, material, installations, 
ships, aircraft, and operations. The NEODS proposes to utilize three 
areas within the Eglin Gulf Test and Training Range (EGTTR), consisting 
of approximately 86,000 square miles within the GOM and the airspace 
above, for Mine Countermeasures (MCM) detonations, which involve mine-
hunting and mine-clearance operations. The detonation of small, live 
explosive charges disables the function of the mines, which are inert 
for training purposes. The proposed training would occur approximately 
one to three nautical miles (nm) (1.9 to 5.6 km) offshore of SRI six 
times annually, at varying times within the year.
    Each of the six training classes would include one or two ``Live 
Demolition Days.'' During each set of Live Demolition Days, five inert 
mines would be placed in a compact area on the sea floor in 
approximately 60 ft (18.3 m) of water. Divers would locate the mines by 
hand-held sonars. The AN/PQS-2A acoustic locator has a sound pressure 
level (SPL) of 178.5 re 1 microPascal at 1 meter and the Dukane 
Underwater Acoustic Locator has a SPL of 157-160.5 re 1 microPascal at 
1 meter. Because these sonar ranges are below any current threshold for 
protected species, noise impacts are not anticipated and are not 
addressed further in this analysis.
    Five charges packed with five lbs (2.3 kg) of C-4 explosive 
material will be set up adjacent to each of the mines. No more than 
five charges will be detonated over the 2-day period. Detonation times 
will begin no earlier than 2 hours after sunrise and end no later than 
2 hours before dusk and charges utilized within the same hour period 
will have a maximum separation time of 20 minutes. Mine shapes and 
debris will be recovered and removed from the water when training is 
completed. A more detailed description of the work proposed for 2005 
and 2006 is contained in the application which is available upon 
request (see ADDRESSES).

Military Readiness Activity

     NEODS supports the Naval Fleet by providing training to personnel 
from all four armed
    services, civil officials, and military students from over 70 
countries. The NEODS facility supports the Department of Defense Joint 
Service Explosive Ordnance Disposal training mission. The Navy and the 
Marine Corps believe that the ability of Sailors and Marines to detect, 
characterize, and neutralize mines from their operating areas at sea, 
on the shore, and inland, is vital to their doctrines.
    The Navy believes that an array of transnational, rogue, and 
subnational adversaries now pose the most immediate threat to American 
interests. Because of their relative low cost and ease of use, mines 
will be among the adversaries' weapons of choice in shallow-water 
situations, and they will be deployed in an asymmetrical and 
asynchronous manner. The Navy needs organic means to clear mines and 
obstacles rapidly in three challenging environments: shallow water; the 
surf zone; and the beach zone. The Navy also needs a capability for 
rapid clandestine surveillance and reconnaissance of minefields and 
obstacles in these environments. The NEODS mission in the GOM offshore 
of EAFB is considered a military readiness activity pursuant to the 
NDAA (Public Law 108-136).

Comments and Responses

    A notice of receipt of the EAFB application and proposed IHA was 
published in the Federal Register on June 7, 2005 (70 FR 33122). During 
the comment period, NMFS received comments from the Marine Mammal 
Commission (Commission) and one individual.
    Comment 1: The Commission notes that the proposed weapons test 
appears

[[Page 51343]]

to fit within the definition of a ``military readiness activity'' as 
defined in section 315(f) of Public Law 107-314, which includes ``the 
adequate and realistic testing of military equipment, vehicles, 
weapons, and sensors for proper operation and suitability for combat 
use.'' As such, the revised definition of harassment adopted in the 
NDAA (Public Law 108-136) would seem to be applicable in this instance. 
However, NMFS' analysis of the small take request does not seem to have 
employed this definition. If NMFS' preliminary conclusion that ``no 
take by serious injury and/or death is anticipated, and the potential 
for temporary or permanent hearing impairment is low and will be 
avoided through the incorporation of (proposed) mitigation measures is 
correct, it may be that no taking by harassment can be expected and 
that no authorization is needed. The Commission therefore recommends 
that NMFS analyze the request for an IHA and the small take regulations 
being contemplated in light of the applicable definition of the term 
``harassment.'' Although the Commission appreciates NMFS has yet to 
promulgate regulations or take other steps to implement the new 
definition, the statutory change cannot be ignored.
    Response: In the preamble to the notice of proposed authorization 
and in this document, NMFS cited the NDAA definition of Level B 
harassment for military readiness activities. While NMFS believes that 
the monitoring to be implemented by EAFB will ensure that Level A 
harassment or mortality is highly unlikely, an authorization under 
section 101(a)(5) of the MMPA is warranted because some animals could 
be injured (estimate is 0.4 animals per year) if the mitigation and 
monitoring overlooks an animal.
    Given the uncertainty associated with predicting animal presence 
and behavior in the field, NMFS accords some deference to applicants 
requesting an MMPA authorization for an activity that might fall 
slightly below the NDAA definition of harassment, so that they are 
covered for impacts that may rise to the level of take. Equally 
important, such an authorization also carries with it responsibilities 
to implement mitigation and monitoring measures to protect marine 
mammals.
    Comment 2: The Commission remains concerned that NMFS assessment of 
potential harassment levels fails to apply the statutory definition of 
``harassment'' in the MMPA. It is the Commission's view that an across-
the-board definition of temporary threshold shift (TTS) as constituting 
no more than Level B Harassment inappropriately dismisses possible 
injury and biologically significant behavioral effects to the affected 
animals.
    Response: As mentioned in previous Federal Register documents, 
second level impacts due to a marine mammal having a temporary hearing 
impairment cannot be predicted and are, therefore, speculative. The 
principal reason that second level impacts are not considered in 
classification is that any Level B disruption of behavior could, with 
suppositions, be seen as potentially dangerous and, therefore, 
considered potential Level A harassment or even lethal. Similarly, 
Level A injuries could be seen as being accompanied by some disruption 
of behavior and, therefore, Level B disturbances as well as Level A 
injuries. Such reasoning blurs the distinctions that the definitions of 
harassment attempt to make. NMFS believes that Level B harassment, if 
of sufficient degree and duration, can be very serious and require 
consideration, as has been done here. Moderate TTS does not necessarily 
mean that the animal cannot hear, only that its threshold of hearing is 
raised above its normal level. The extent of time that this impairment 
remains is dependent upon the amount of initial threshold shift which 
in turn depends on the strength of the received sound and whether the 
TTS is in a frequency range that the animal depends on for receiving 
cues that would benefit survival. It should be noted that increased 
ambient noise levels, due to biologics, storms, shipping, and tectonic 
events may also result in short-term decreases in an animal's ability 
to hear normally. NMFS scientists believe that marine mammals have 
likely adopted behavioral responses, such as decreased spatial 
separation, slower swimming speeds, and cessation of socialization to 
compensate for increased ambient noise or shifts in hearing threshold 
levels.
    Ship strikes of whales by large vessels suggest that at least 
certain species of large whales do not use vessel sounds to avoid 
interactions. Also, there is no indication that smaller whales and 
dolphins with TTS would modify behavior significantly enough to be 
struck by an approaching vessel. Finally, a hypothesis that marine 
mammals would be subject to increased predation presumes that the 
predators would either not be similarly affected by the detonation or 
would travel from areas outside the impact zone, indicating recognition 
between the signal of a single detonation at distance and potentially 
debilitated food sources. Therefore, NMFS does not believe the evidence 
warrants that all (or an unknown percentage) of the estimated numbers 
of Level B harassment be considered as Level A harassment or as 
potential mortalities.
    Comment 3: The Commission believes that NMFS needs to provide a 
better explanation of, and justification for, using the dual criteria 
established for determining non-lethal injury (i.e., the onset of 
slight lung hemorrhage and a 50 percent probability for eardrum 
rupture).
    Response: Explanation and justification were provided in detail in 
both the SEAWOLF and CHURCHILL Final EISs (DoN 1998 and DoN 2001). An 
updated summary for using the dual injury criteria from those documents 
was provided in a recent Federal Register notice, published August 19, 
2005, announcing the issuance of an IHA for the Navy's Precision Strike 
Weapons.
    Comment 4: The Commission states that defining Level B acoustic 
harassment from explosive detonation events in terms off TTS 
exclusively (i.e., behavioral changes related to temporary hearing 
impairment), like NMFS does, implies that behavioral changes not 
related to TTS would not constitute harassment as defined in the MMPA, 
which is inconsistent with the term ``harassment'' as it is defined 
generally in the MMPA.
    Response: NMFS justification for the way Level B Harassment is 
defined as related to explosive detonations is addressed in detail in a 
recent Federal Register notice, published August 19, 2005, announcing 
the issuance of an IHA for the Navy's Precision Strike Weapons.
    Comment 5: The Commission believes that additional clarification 
and justification is needed concerning the threshold for ``non-
injurious behavioral response'' proposed in the application (6 dB below 
TTS (i.e., 176 dB re 1 microPa\2\-sec).
    Response: Based on the science used to develop the CHURCHILL 
criteria, for single detonations a significant response by a marine 
mammal is not expected to occur other than by TTS. As noted in the 
proposed authorization, NEODS training operations consist of six 
training sessions a year, and each session consists of five single 
small detonations over the course of 2 days. Due to the infrequent test 
events, the potential variability in target locations, and the 
continuous movement of marine mammals in the GOM, NMFS does not 
anticipate sub-TTS behavioral modification because the same animal will 
not be repeatedly exposed. The discussion in the application and 
Federal Register notice is relevant to actions involving multiple 
detonations.

[[Page 51344]]

 NMFS will address comments on this threshold criterion in an 
applicable proposed IHA application with multiple detonations.
    Comment 6: The Commission believes that NMFS should provide a 
better explanation of and justification for using the 23 psi criterion 
(versus 12 psi) for estimating the TTS pressure threshold.
    Response: This issue remains under review by the Navy, the U.S. Air 
Force and NMFS. Navy acousticians believe that Ketten (1995), which 
summarized earlier acoustic research, does not fully support using a 
12-psi peak pressure threshold for TTS for underwater explosion impacts 
on marine mammals from small detonations. The original basis in Ketten 
(1995) for the use of the 12-psi threshold for the SEAWOLF and 
CHURCHILL actions (which were 10,000 lb (4,536 kg) detonations) is the 
use of a combination of in-air and in-water peak pressure measurements 
without adjustment for the medium. A re-examination of the basis for 
the 12-psi threshold by Navy acousticians indicates that, for 
underwater explosions of small charges, a higher threshold may be 
warranted. This led the Navy and Eglin to suggest scaling 12 psi for 
small charges, which was used in the proposed authorization notice and 
analysis. Although this issue remains under review by NMFS and the Navy 
for future rulemaking actions, as an interim criterion for this IHA and 
for the Navy Precision Strike Weapon (PSW) IHA, NMFS is adopting the 
experimental findings of Finneran et al. (2002) that TTS can be induced 
at a pressure level of 23 psi (at least in belugas). As explained here, 
this is considered conservative since a 23-psi pressure level was below 
the level that induced TTS in bottlenose dolphins.
    Finneran et al. (2000; as described in Finneran et al. (2002)) 
conducted a study designed to measure masked TTS (MTTS) in bottlenose 
dolphins and belugas exposed to single underwater impulses. This study 
used an ``explosion simulator'' (ES) to generate impulsive sounds with 
pressure waveforms resembling those produced by distant underwater 
explosions. No substantial (i.e., 6 dB or larger) threshold shifts were 
observed in any of the subjects (two bottlenose dolphins and 1 beluga) 
at the highest received level produced by the ES: approximately 70 kPa 
(10 psi) peak pressure, 221 dB re re 1 micro Pa peak-to-peak (pk-pk) 
pressure, and 179 dB re 1 microPa\2\-s total EFD. In Finneran et al. 
(2002), a watergun was substituted for the ES because it is capable of 
producing impulses with higher peak pressures and total energy fluxes 
than the pressure waveforms produced using the ES. It was also 
preferable to other seismic sources because its impulses contain more 
energy at higher frequencies, where odontocete hearing thresholds are 
relatively low (i.e., more sensitive). Hearing thresholds were measured 
at 0.4, 4 and 30 kHz. MTTSs of 7 and 6 dB were observed in the beluga 
at 0.4 and 30 kHz, respectively, approximately 2 minutes following 
exposure to single impulses with peak pressures of 160 kPa (23 psi), 
pk-pk pressures of 226 dB re 1 microPa, and total EFD of 186 dB re 1 
microPa\2\-s. Thresholds returned to within 2 dB of the pre-exposure 
value approximately 4 minutes post exposure. No MTTS was observed in 
the single bottlenose dolphin tested at the highest exposure 
conditions: peak pressure of 207 kPa (30 psi), 228 dB re 1 microPa pk-
pk pressure, and 188 dB re 1 microPa\2\-s total energy flux. Therefore, 
until more scientific information is obtained, NMFS has determined that 
the pressure criterion for small explosions can be raised from 12 psi 
to 23 psi. At this time, NMFS believes that setting the pressure metric 
at 23 psi is conservative.
    Analyses indicate that the ranges for the 23-psi TTS metric at 
depths of 60 ft (18.3 m) (depth of NEODS missions) are slightly less 
conservative than the originally provided ranges for the 182-dB (re 1 
microPa\2\-s) TTS energy metric. For the NEODS activity, NMFS will use 
the more conservative values to determine impacts and areas that need 
to be monitored.
    Comment 7: Based on the information contained in the application 
and Federal Register notice, the Commission believes that NMFS' 
preliminary determinations are reasonable, provided that the proposed 
mitigation and monitoring activities are adequate to detect all marine 
mammals in the vicinity of the proposed operations and sufficient to 
ensure that marine mammals are not being taken in unanticipated ways or 
numbers. The Commission notes however, that even under the best of 
conditions and using experienced observers, there is greater than an 
80-percent likelihood that small cetaceans will not be observed if they 
are in the vicinity of the test site. Thus, although there may be a low 
probability that certain marine mammal species will be within the area 
where mortalities are considered possible at the time of weapon 
deployment, it is unclear that the proposed monitoring effort will be 
adequate to detect them if they are present. This being the case, the 
proposed monitoring activities may be insufficient to provide assurance 
that marine mammals are not being exposed to sound pressures or energy 
levels that could cause lethal injuries. Thus, NMFS, before issuing the 
requested authorization, should further explain its rationale for 
determining that the takings will only be by harassment.
    Response: The vessel monitoring effort for NEODS is similar to that 
used in previous Navy ship-shock actions, with the differences being 
that the zone of influence is significantly smaller and the water is 
shallower, both of which make it even more likely that a marine animal 
will be detected. In these past ship-shock actions, detonations of 
10,000 lbs (4536 kg) were used without any serious injuries or 
mortalities being noted during extensive follow-up monitoring. Though 
aerial surveys were also incorporated into the ship-shock monitoring 
measures, they were considered less effective than vessel monitoring 
for NEODS, and in fact, the Navy found that detection of bottlenose 
dolphins and spotted dolphins by shipboard observers was 100 percent 
(DON, 1999, Appendix C). Since, for safety reasons, the observer vessel 
will need to move out of the testing area immediately prior to the 
detonation (but will continue to monitor the ZOI), we can probably 
assume that the detection of dolphins within the ZOI is somewhat less 
than 100 percent. However, since the estimated (based on density 
estimates) number of any marine mammals that could potentially be 
exposed to energy levels that may cause Level A Harassment or death 
during the course of the 30 individual detonations per year, without 
any observers present, is only 0.4, NMFS is confident that no marine 
mammals will be killed as a result of EAFB's NEODS training operations.
    Comment 8: The Commission recommends that, if NMFS determines that 
the potential for lethal injuries is sufficiently remote to warrant the 
issuance of an authorization under section 101(a)(5)(D) of the MMPA, 
any such authorization explicitly require that operations be suspended 
immediately if a dead or seriously injured animal is found in the 
vicinity of the test site, pending authorization to proceed or issuance 
of regulations authorizing such takes under section 101(a)(5)(A) of the 
MMPA.
    Response: NMFS concurs with the Commission's recommendation and has 
included the requirement in the IHA.

Description of Marine Mammals and Habitat Affected by the Activity

    Marine mammal species that potentially occur within the EGTTR 
include several species of cetaceans and

[[Page 51345]]

the West Indian manatee. While a few manatees may migrate as far north 
as Louisiana in the summer from southern Florida (where there are 
generally confined in the winter), they primarily inhabit coastal and 
inshore waters and rarely venture offshore. NEODS missions are 
conducted at a distance of between 1 and 3 nm (5.6 km) from shore and 
effects on manatees are therefore considered very unlikely and not 
discussed further in this analysis.
    Cetacean abundance estimates for the project area are derived from 
GulfCet II aerial surveys conducted from 1996 to 1998 over a 70,470 
km\2\ area, including nearly the entire continental shelf region of the 
EGTTR, which extends approximately 9 nm (16.7 km) from shore. The dwarf 
and pygmy sperm whales are not included in this analysis because their 
potential for being found near the project site is remote. Although 
Atlantic spotted dolphins do not normally inhabit nearshore waters, 
they are included in the analysis to ensure conservative mitigation 
measures are applied. The two marine mammal species expected to be 
affected by these activities are the bottlenose dolphin (Tursiops 
truncatus) and the Atlantic spotted dolphin (Stenella frontalis). 
Descriptions of the biology and local distribution of these species can 
be found in the application (see ADDRESSES for availability), other 
sources such as Wursig et al. (2000), and the NMFS Stock Assessments, 
which can be viewed at: http://www.NMFS.noaa.gov/pr/PR2/Stock_Assessment_Program/sars.html.
    The habitat at the NEODS test sites is approximately 60-ft (18.3-m) 
deep open water. The EGTTR contains many reefs, both natural and 
artificial, but the closest reef to the NEODS test site is an 
artificial reef over 2 mi (3.2 km) away.

Atlantic Bottlenose Dolphins

    Atlantic bottlenose dolphins are distributed worldwide in tropical 
and temperate waters and occur in the slope, shelf, and inshore waters 
of the GOM. Based on a combination of geography and ecological and 
genetic research, Atlantic bottlenose dolphins have been divided into 
many separate stocks within the GOM. The exact structure of these 
stocks is complex and continues to be revised as research is completed. 
For now, bottlenose dolphins inhabiting waters less than 20 m (66 ft) 
deep in the U.S. GOM are believed to constitute 36 inshore or coastal 
stocks, and those inhabiting waters from 20 to 200 m (66 to 656 ft) 
deep in the northern GOM from the U.S.-Mexican border to the Florida 
Keys are considered the continental shelf stock (Waring et al., 2004). 
The proposed action would occur on the ocean floor at a depth of 
approximately 60 ft (18 m) and therefore has the potential to affect 
both the continental shelf and inshore stocks.
    Continental shelf stock assessments were estimated using data from 
vessel surveys conducted between 1998 and 2001 (at 20- to 200-m (66- to 
656-ft) depths). The minimum population estimate for the northern GOM 
continental shelf stock of the Atlantic bottlenose dolphin is 20,414 
(Waring et al., 2004).
    The most recent inshore stock assessment surveys were conducted 
aerially in 1993 and covered the area from the shore or bay boundaries 
out to 9.3 km (5.0 nm) past the 18.3 m-depth (60.0 nm-depth) isobath (a 
slightly different area than that defined as inshore in the more recent 
stock assessment above). The minimum population estimate of the 
northern GOM coastal stock of the Atlantic bottlenose dolphin was 3,518 
dolphins (Waring et al., 1997).
    Texas A&M University and the NMFS conducted GulfCet II aerial 
surveys in an area including the EGTTR from 1996 to 1998. Density 
estimates were calculated using abundance data collected from the 
continental shelf area of the EGTTR. In an effort to provide better 
species conservation and protection, estimates were adjusted to 
incorporate temporal and spatial variations, surface and submerged 
variations, and overall density confidence. The adjusted density 
estimate for Atlantic bottlenose dolphins within the project area is 
0.810 individuals/km\2\. A small number of dolphins could not be 
identified specifically as Atlantic bottlenose or Atlantic spotted and 
their estimated density was 0.053 individuals/km\2\.

Atlantic Spotted Dolphins

    Atlantic spotted dolphins are endemic to the tropical and warm 
temperate waters of the Atlantic Ocean and can be found from the 
latitude of Cape May, New Jersey south along mainland shores to 
Venezuela, including the GOM and Lesser Antilles. In the GOM, Atlantic 
spotted dolphins occur primarily in continental shelf waters 10 to 200 
m (33 to 656 ft) deep out to continental slope waters less than 500 m 
(1640.4 ft) deep. One recent study presents strong genetic support for 
differentiation between GOM and western North Atlantic management 
stocks, but the Gulf of Mexico stock has not yet been further 
subdivided.
    Abundance was estimated in the most recent assessment of the 
northern GOM stock of the Atlantic spotted dolphin using combined data 
from continental shelf surveys (20 to 200 m (66 to 656 ft) deep) and 
oceanic surveys (200 m (656 ft)) to the offshore extent of U.S. 
Exclusive Economic Zone) conducted from 1996 to 2001. The minimum 
population estimate for the northern GOM is 24,752 Atlantic spotted 
dolphins (Waring et al., 2004).
    Density estimates for the Atlantic spotted dolphin within the EGTTR 
were calculated using abundance data collected during the GulfCet II 
aerial surveys. In an effort to provide better species conservation and 
protection, estimates were adjusted to incorporate temporal and spatial 
variations, surface and submerged variations, and overall density 
confidence. The adjusted density estimate for Atlantic spotted dolphins 
within the project area is 0.677 individuals/km\2\. A small number of 
dolphins could not be identified specifically as Atlantic bottlenose or 
Atlantic spotted and their estimated density was 0.053 individuals/
km\2\.

Potential Effects of Activities on Marine Mammals

    The primary potential impact to the Atlantic bottlenose and the 
Atlantic spotted dolphins occurring in the EGTTR from the proposed 
detonations is Level B harassment from noise. There is a slight 
potential, absent mitigation, that a few mammals would be injured or 
killed due to the energy generated from an explosive force on the sea 
floor. Analysis of NEODS noise impacts to cetaceans was based on 
criteria and thresholds presented in both Finneran et al., 2002, and in 
the U.S. Navy Environmental Impact Statements for ship shock trials of 
the SEAWOLF submarine and the WINSTON CHURCHILL vessel and subsequently 
adopted by NMFS.
    Non-lethal injurious impacts (Level A Harassment) are defined in as 
tympanic membrane (TM) rupture and the onset of slight lung injury. The 
threshold for Level A Harassment corresponds to a 50 percent rate of TM 
rupture, which can be stated in terms of an energy flux density (EFD) 
value of 205 dB re 1 microPa\2\s. TM rupture is well-correlated with 
permanent hearing impairment (Ketten (1998) indicates a 30-percent 
incidence of permanent threshold shift (PTS) at the same threshold). 
The zone of influence (ZOI)(farthest distance from the source at which 
an animal is exposed to the EFD level referred to) for the Level A 
Harassment threshold is 52.2 m (171.6 ft).
    Level B (non-injurious) Harassment includes temporary (auditory) 
threshold shift (TTS), a slight, recoverable loss of

[[Page 51346]]

hearing sensitivity. The energy criterion used for TTS is 182 dB re 1 
microPa\2\'s maximum EFD level in any 1/3-octave band above 100 Hz for 
toothed whales (e.g., dolphins). The ZOI for this threshold is 229.8 m 
(754.0 ft). The pressure criterion, 23 psi, has recently been 
established by NMFS based on the more current work of Finneran et al., 
2002. The ZOI for 23 psi is 222 m (728 ft). A detailed justification 
for the recent change in NMFS' pressure exposure criteria may be found 
in the Federal Register notice for the issuance of an IHA to the Navy 
for Precision Strike Weapons, published August 19, 2005.
    Level B Harassment also includes behavioral modifications resulting 
from repeated noise exposures (below TTS) to the same animals (usually 
resident) over a relatively short period of time. No strictly sub-TTS 
behavioral responses (i.e., Level B harassment) are anticipated with 
the NEODS training activities because there are no successive 
detonations (5 small detonations in the course of 2 days, some of which 
may be separated by less than 20 minutes, but which would be in 
separate locations) which could provide causation for a behavioral 
disruption rising to the level of a significant alteration or 
abandonment of behavioral patterns without also causing TTS. Also, 
repetitive exposures (below TTS) to the same resident animals are 
highly unlikely due to the infrequent NEODS training sessions (6 
sessions per year), the potential variability in target locations, and 
the continuous movement of marine mammals in the northern GOM.
    Because of mitigation measures proposed, NMFS anticipates that only 
Level B harassment will occur incidental to the NEODS training 
operations and that these events will result in no more than a 
negligible impact on marine mammal species or their habitats.

Mitigation and Monitoring

    Mitigation will consist primarily of surveying and taking action to 
avoid detonating charges when protected species are within the ZOI. A 
trained, NMFS-approved observerwill be staged from the highest point 
possible on a support ship and have proper lines of communication to 
the Officer in Tactical Command. The survey area will be 460 m (1509 
ft) in every direction from the target, which is twice the radius of 
the ZOI for Level B Harassment (230 m (755 ft)). To ensure visibility 
of marine mammals to observers, NEODS missions will be delayed if 
whitecaps cover more than 50 percent of the surface or if the waves are 
greater than 3 feet (Beaufort Sea State 4).
    Pre-mission monitoring will be used to evaluate the test site for 
environmental suitability of the mission. Visual surveys will be 
conducted 2 hours, 1 hour, and 5 minutes prior to the mission to verify 
that the ZOI (230 m (755 ft)) is free of visually detectable marine 
mammals, sea turtles, large schools of fish, large flocks of birds, 
large Sargassum mats, or large concentrations of jellyfish and that the 
weather is adequate to support visual surveys. The observer will plot 
and record sightings, bearing, and time for all marine mammals 
detected, which would allow the observer to determine if the animal is 
likely to enter the test area during detonation. If an animal appears 
likely to enter the test area during detonation, if marine mammals, sea 
turtles, large schools of fish, large flocks of birds, large Sargassum 
mats, or large concentrations of jellyfish are present, or if the 
weather is inadequate to support monitoring, the observer will declare 
the range fouled and the tactical officer will implement a hold until 
monitoring indicates that the test area is and will remain clear of 
detectable marine mammals or sea turtles.
    Monitoring of the test area will continue throughout the mission 
until the last detonation is complete. The mission would be postponed 
if:
    (1) Any marine mammal is visually detected within the ZOI (230 m 
(755 ft)). The delay would continue until the animal that caused the 
postponement is confirmed to be outside the ZOI (visually observed 
swimming out of the range).
    (2) Any marine mammal or sea turtle is detected in the ZOI and 
subsequently is not seen again. The mission would not continue until 
the last verified location is outside of the ZOI and the animal is 
moving away from the mission area.
    (3) Large Sargassum rafts or large concentrations of jellyfish are 
observed within the ZOI. The delay would continue until the Sargassum 
rafts or jellyfish that caused the postponement are confirmed to be 
outside of the ZOI either due to the current and/or wind moving them 
out of the mission area.
    (4) Large schools of fish are observed in the water within of the 
ZOI. The delay would continue until large fish schools are confirmed to 
be outside the ZOI.
    In the event of a postponement, pre-mission monitoring would 
continue as long as weather and daylight hours allow. If a charge 
failed to explode, mitigation measures would continue while operations 
personnel attempted to recognize and solve the problem (detonate the 
charge).
    Post-mission monitoring is designed to determine the effectiveness 
of pre-mission mitigation by reporting any sightings of dead or injured 
marine mammals or sea turtles. Post-detonation monitoring, 
concentrating on the area down current of the test site, will commence 
immediately following each detonation and continue for at least two 
hours after the last detonation. The monitoring team will document and 
report to the appropriate marine animal stranding network any marine 
mammals or turtles killed or injured during the test and, if 
practicable, recover and examine any dead animals. The species, number, 
location, and behavior of any animals observed by the teams would be 
documented and reported to the Officer in Tactical Command.

Reporting

    EAFB will notify NMFS 2 weeks prior to initiation of each training 
session. Any takes of marine mammals other than those authorized by the 
IHA, as well as any injuries or deaths of marine mammals, will be 
reported to the Southeast Regional Administrator, NMFS, by the next 
working day. A summary of mission observations and test results, 
including dates, times, and locations of detonations as well as pre- 
and post-mission monitoring observations, will be submitted to the 
Division of Permits, Conservation, and Education, Office of Protected 
Resources (NMFS) and the Southeast Regional Office (NMFS) within 90 
days after the completion of the last training session.

Numbers of Marine Mammals Expected to be Harassed

    Estimates of the potential number of Atlantic bottlenose dolphins 
and Atlantic spotted dolphins to be harassed by the training were 
calculated using the number of distinct firing or test events (maximum 
30 per year), the ZOI for noise exposure, and the density of animals 
that potentially occur in the ZOI. The take estimates provided here do 
not include mitigation measures, which are expected to further minimize 
impacts to protected species and make injury or death highly unlikely.
    The estimated number of Atlantic bottlenose dolphins and Atlantic 
spotted dolphins that could potentially be exposed to the Level A 
Harassment threshold (205 dB re 1 microPa\2\ s) during one year is less 
than one (0.22 and 0.19, respectively).
    For Level B Harassment, two separate criteria were established, one 
expressed in dB re 1 microPa\2\s maximum EFD level in any 1/3-octave 
band above 100

[[Page 51347]]

Hz, and one expressed in psi. The estimated numbers of Atlantic 
bottlenose dolphins and Atlantic spotted dolphins potentially exposed 
to 182 dB and 23 psi, during one year, if mitigation measures were not 
effectively implemented within the 230-m (754 ft) ZOI, are 4 and 3 
individuals.

Possible Effects of Activities on Marine Mammal Habitat

    The Air Force anticipates no loss or modification to the habitat 
used by Atlantic bottlenose dolphins or Atlantic spotted dolphins in 
the EGTTR. The primary source of marine mammal habitat impact resulting 
from the NEODS missions is noise, which is intermittent (maximum 30 
times per year) and of limited duration. NMFS does not anticipate that 
either debris (which will be recovered following test activities) or 
the minimal chemical residue from the detonated charges will affect 
marine mammal habitat.

Possible Effects of Activities on Subsistence Needs

    There are no subsistence uses for Atlantic bottlenose dolphins 
Atlantic spotted dolphins in Florida waters, and thus, there are no 
anticipated effects on subsistence needs.

Endangered Species Act

    In a Biological Opinion issued on October 25, 2004, NMFS concluded 
that the NEODS training missions and their associated actions are not 
likely to jeopardize the continued existence of threatened or 
endangered species under the jurisdiction of NMFS or destroy or 
adversely modify critical habitat that has been designated for those 
species. NMFS has issued an incidental take statement (ITS) for 4 
species of sea turtles (leatherback sea turtle (Dermochelys coriacea), 
green sea turtle (Chelonia mydas), Kemp's ridley sea turtle 
(Lepidochelys kempii), and loggerhead sea turtle (Caretta caretta)) 
pursuant to section 7 of the Endangered Species Act. The ITS contains 
reasonable and prudent measures with implementing terms and conditions 
to minimize the effects of this take. This IHA action is within the 
scope of the previously analyzed action and does not change the action 
in a manner that was not considered previously.

National Environmental Policy Act

    NMFS prepared an Environmental Assessment (EA) and Finding of No 
Significant Impact (FONSI) on the Issuance of Authorizations to Take 
Marine Mammals, by Harassment, Incidental to Naval Explosive Ordnance 
Disposal School Training Operations at Eglin Air Force Base, Florida. 
Therefore, preparation of an EIS on this action is not required by 
section 102(2) of the NEPA or its implementing regulations. A copy of 
the EA and FONSI are available upon request (see ADDRESSES).

Conclusions

    NMFS has determined that the NEODS training operations, as 
described in this document and in the application for an IHA, will 
result in no more than Level B harassment of Atlantic bottlenose 
dolphins and Atlantic spotted dolphins and will have no more than a 
negligible impact on these stocks. The effects of the NEODS training 
are expected to be limited to short-term and localized TTS-related 
behavioral changes, and these takes will be at the lowest level 
practicable due to incorporation of the mitigation measures mentioned 
previously in this document. With the application of the mitigation 
measures, as well as the potential density of dolphins in the area of 
the NEODS training operations, NMFS believes it highly unlikely that 
the proposed action will result in any injury or mortality of marine 
mammals. Additionally, the NEODS training operations will not have an 
unmitigable adverse impact on the availability of marine mammal stocks 
for subsistence use, as there are no subsistence uses for Atlantic 
bottlenose dolphins or Atlantic spotted dolphins in Florida waters.

Authorization

    NMFS has issued a 1-year IHA to EAFB for the take of Atlantic 
bottlenose dolphins and Atlantic spotted dolphins, by harassment, 
incidental to NEODS training operations, which include up to 30 
detonations of small C-4 charges per year, provided the previously 
mentioned mitigation, monitoring, and reporting requirements are 
incorporated.

    Dated: August 23, 2005.
Donna Wieting,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 05-17224 Filed 8-29-05; 8:45 am]
BILLING CODE 3510-22-S