46592 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 

no more than 10.5 ft in width. GMRI 

would like to contract a vessel enrolled 

in the small dredge program to harvest 

their set-aside scallop allocation. GMRI 

requests this vessel be authorized to fish 

two dredges (max combined width of 31 

ft) to harvest the set-aside scallops, 

thereby requiring exemption from the 

small dredge program dredge size 

restrictions. GMRI claims that this 

exemption would allow the vessel to 

harvest the set-aside scallops more 

efficiently, thus reducing vessel 

operating expenses and increasing the 

portion of proceeds supporting the 

research project. 

Regulations under the MagnusonStevens Fishery Conservation and 

Management Act require publication of 

this notification to provide interested 

parties the opportunity to comment on 

applications for proposed EFPs. The 

applicant may place requests for minor 

modifications and extensions to the EFP 

throughout the year. EFP modifications 

and extensions may be granted without 

further notice if they are deemed 

essential to facilitate completion of the 

proposed research and minimal so as 

not to change the scope or impact of the 

initially approved EFP request. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 4, 2008. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–18406 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB13 

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; receipt of application 

and proposed authorization for 

incidental harassment of marine 

mammals; request for comments and 

information. 

SUMMARY: NMFS has received a request 

from Eglin Air Force Base (EAFB) for 

the take of marine mammals, by Level 

B harassment, incidental to Naval 

Explosive Ordnance Disposal School 

(NEODS) Training Operations at EAFB, 

Florida. Under the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue an incidental harassment 

authorization (IHA) to the Air Force to 

take, by Level B harassment, two species 

of cetaceans at EAFB beginning in 

October 2008. NMFS is also requesting 

comments on its intent to promulgate 

regulations in 2009 governing the take 

of marine mammals over a 5–year 

period incidental to the activities 

described herein. NMFS issued an IHA 

for these activities in 2005, 2006, and 

2007. No activities have occurred to 

date. 

DATES: Comments and information must 

be received no later than September 10, 

2008. 

ADDRESSES: Comments on the 

application should be addressed to 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225. The mailbox address for 

providing email comments is PR1.0648–

XB13@noaa.gov. NMFS is not 

responsible for e-mail comments sent to 

addresses other than the one provided 

here. Comments sent via e-mail, 

including all attachments, must not 

exceed a 10–megabyte file size. A copy of the application containing 

a list of the references used in this 

document may be obtained by writing to 

the address specified above, telephoning 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT), or 

visiting the internet at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein and Jaclyn Daly, 

Office of Protected Resources, NMFS, 

(301) 713–2289. 

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) if certain findings 

are made and regulations are issued or, 

if the taking is limited to harassment, 

notice of a proposed authorization is 

provided to the public for review. Authorization for incidental takings 

may be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

certain subsistence uses, and if the 

permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such taking are set forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as: 

an impact resulting from the specified 

activity that cannot be reasonably expected 

to, and is not reasonably likely to, adversely 

affect the species or stock through effects on 

annual rates of recruitment or survival. 

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 of marine mammals by 

harassment. With respect to military 

readiness activities, the MMPA defines 

‘‘harassment’’ as: 

(i) any act that injures or has the significant 

potential to injure a marine mammal or 

marine mammal stock in the wild [Level A 

Harassment]; or (ii) any act that disturbs or 

is likely to disturb a marine mammal or 

marine mammal stock in the wild by causing 

disruption of natural behavioral patterns, 

including, but not limited to, migration, 

surfacing, nursing, breeding, feeding, or 

sheltering, to a point where such behavioral 

patterns are abandoned or significantly 

altered [Level B Harassment]. 

Section 101(a)(5)(D) establishes a 45–

day time limit for NMFS review of an 

application followed by a 30–day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny issuance of the 

authorization. 

Summary of Request 

On May 13, 2008, NMFS received an 

application from EAFB requesting an 

IHA for the harassment of Atlantic 

bottlenose dolphins (Tursiops 

truncatus) and Atlantic spotted 

dolphins (Stenella frontalis) incidental 

to NEODS training operations and 

testing at Eglin Gulf Test and Training 

Range (EGTTR) at EAFB, Florida, in the 

northern Gulf of Mexico (GOM). NMFS 

issued an IHA for the same activity in 

2005 (70 FR 51341, August 30, 2005), 

2006 (71 FR 60693, October 16, 2006), 

and 2007 (72 FR 58290, October 15, 

2007). Each of up to six missions per 

year would include up to 5 live 

detonations (up to 30 charges per year) 

of approximately 5–lb (2.3–kg) net 

explosive weight charges to occur in 

approximately 60–ft (18.3–m) deep 

water from one to three nm (1.9 to 5.6 

km) off shore. Because this activity will 


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be a multi-year activity, NMFS also 

plans to develop proposed regulations 

for NEODS training operations at EAFB. 

No missions have occurred to date. 

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 EGTTR, 

consisting of approximately 86,000 mi2

(222,739 km2) within the GOM and the 

airspace above, for Mine 

Countermeasures (MCM) detonations, 

which involve mine-hunting and mineclearance 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 

Santa Rosa Island (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 μPascal @ 1 

meter and the Dukane Underwater 

Acoustic Locator has a SPL of 157–160.5 

re 1 μPascal @ 1 meter. Because output 

from these sound sources would 

attenuate to below any current threshold 

for protected species within 

approximately 10–15 m, 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 is contained in the initial 

Federal Register notice (70 FR 51341, 

August 30, 2005) and 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. According to the application, 

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. 

As described in the application, 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 National Defense Authorization Act 

(NDAA)(Public Law 108–136). 

Marine Mammals and Habitat Affected 

by the Activity 

Marine mammal species that 

potentially occur within the EGTTR 

include several species of cetaceans and 

the West Indian manatee. While a few 

manatees may migrate from southern 

Florida to Louisiana in the summer, 

they primarily inhabit coastal and 

inshore waters and rarely venture 

offshore. Dwarf and pygmy sperm 

whales, while present in the Gulf of 

Mexico, are pelagic species and not 

usually found close to shore. NEODS 

missions are conducted one to three nm 

(5.6 km) from shore; therefore, impacts 

to manatees, dwarf, and pygmy sperm 

whales are not likely to occur because 

their potential for being found near the 

project site is remote 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 km2 area, including 

nearly the entire continental shelf 

region of the EGTTR, which extends 

approximately 9 nm (16.7 km) from 

shore. 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, can be viewed at: 

http://www.NMFS.noaa.gov/pr/PR2/ 

StocklAssessmentlProgram/ 

sars.html. 

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. 

According to the 2005 NOAA stock 

assessment report, bottlenose dolphins 

inhabiting water less than 20 m (66 

ft)deep are divided into 36 separate 

inshore or coastal stocks while animals 

in water 20–200 m (66 to 656 ft) deep 

constitute 3 continental shelf stocks. 

These stock segments are based on a 

combination of geographical, ecological, 

and genetic research. However, because 

the data of structure of stocks is 

complex, coastal and continental shelf 

stocks may overlap. The exact structure 

of these stocks continues to be revised 

as research is completed. 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 coastal 

stocks. Activities are not expected to 

affect the oceanic stock of bottlenose 

dolphins in the GOM because the 

activities would take place relatively 

close to shore. 

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., 2005). 

Distinct inshore stocks are 

provisionally identified in each of 33 

areas of contiguous, enclosed or semienclosed bodies of water adjacent to the 

Gulf of Mexico (GOM) based on 

descriptions of relatively discrete 

dolphin ‘‘communities’’ in some of 

these areas (Waring et al., 2005). A 

‘‘community includes resident dolphins 

that regularly share large portions of 

their ranges, exhibit similar distinct 

genetic profiles, and interact with each 

other to a much greater extent than with 

dolphins in adjacent waters (dolphins 

from different communities do 

interbreed).’’ The most recent inshore 

stock assessment surveys were 


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conducted aerially in 1993. Two bodies 

of water north of the project area are 

thought to support distinct 

communities, the Pensacola Bay and the 

Choctawhatchee Bay. Population size 

estimates for most of the inshore stocks 

are greater than 8 years old and 

therefore the current population size for 

each stock is considered unknown. 

Previous abundance in Pensacola Bay 

and Choctawhatchee Bay was estimated 

as 33 and 242 animals, respectively. 

Texas A&M University and 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/km2. A small number of 

dolphins could not be identified 

specifically as Atlantic bottlenose or 

Atlantic spotted and their estimated 

density was 0.053 individuals/km2. 

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. Although Atlantic spotted 

dolphins do not normally inhabit 

nearshore waters, they are included in 

the analysis to ensure conservative 

mitigation measures are applied. 

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 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., 

2005). 

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/km2. A small number of 

dolphins could not be identified 

specifically as Atlantic bottlenose or 

Atlantic spotted and their estimated 

density was 0.053 individuals/km2. 

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 and 

energy from explosions. In the absence 

of any mitigation or monitoring 

measures, there is a very small chance 

that a marine mammal could be injured 

or killed when exposed to the energy 

generated from an explosive force on the 

sea floor. However, NMFS believes the 

proposed mitigation measures will 

preclude this possibility in the case of 

this particular activity. Analysis of 

NEODS noise impacts to cetaceans was 

based on criteria and thresholds initially 

presented in 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 EAFB’s 

application and this proposed IHA 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 μPa2 s. TM rupture is wellcorrelated with permanent hearing 

impairment (Ketten, 1998) and indicates 

a 30 percent incidence of permanent 

threshold shift (PTS) at the same 

threshold. As outlined in the 

application, 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 m (172 ft). 

Level B (non-injurious) Harassment 

includes temporary (auditory) threshold 

shift (TTS), a slight, recoverable loss of 

hearing sensitivity. One criterion used 

for TTS is 182 dB re 1 μPa2 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 

230 m (754 ft). A second criterion, 23 

psi, has recently been established by 

NMFS to provide a more conservative 

range for TTS when the explosive or 

animal approaches the sea surface, in 

which case explosive energy is reduced, 

but the peak pressure is not. The ZOI for 

23 psi is 222 m (728 ft) (NMFS will 

apply the more conservative of these 

two). 

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. 

Threshold criteria for this particular 

type of harassment are currently still 

being considered. One recommendation 

is a level of 6 dB below TTS (see 69 FR 

21816, April 22, 2004), which would be 

176 dB re 1 μPa2 s. Due, however, to the 

infrequency of the detonations, the 

potential variability in target locations, 

and the continuous movement of marine 

mammals off the northern Gulf, NMFS 

believes that behavioral modification 

from repeated exposures to the same 

animal is highly unlikely. 

Numbers of Marine Mammals 

Estimated 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. 

Using a conservative density estimate 

for each species of dolphins, the ZOI of 

charge employed and the total number 

of events per year, an annual estimate of 

the potential number of animals 

exposed to noise was analyzed. Without 

any mitigation, up to one cetacean is 

estimated to be within the Level A 205 

dB noise ZOI. Because in-place 

mitigations would clear the area of any 

marine mammals before detonation, it is 

anticipated that no marine mammal 

takes would result in the form of 

mortality or injury (Level A 

harassment). The estimated number of 

Atlantic bottlenose dolphins and 

Atlantic spotted dolphins potentially 

taken through exposure to the Level A 

harassment threshold (205 dB re 1 μPa2

s), are less than one (0.21 and 0.18, 

respectively) annually. 

For Level B Harassment, two separate 

criteria were established, one expressed 

in dB re 1 μPa2 s maximum EFD level 

in any 1/3–octave band above 100 Hz, 

and one expressed in psi. The estimated 


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numbers of Atlantic bottlenose dolphins 

and Atlantic spotted dolphins 

potentially taken through exposure to 

182 dB are 3.96 and 3.30 individuals 

during the summer and 4.02 and 3.36 

individuals during the winter, 

respectively. The estimated numbers 

potentially taken through exposure to 23 

psi are also 4 and 3 individuals, 

respectively. 

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. The 

effects of debris (which will be 

recovered following test activities), 

ordnance, fuel, and chemical residues 

were analyzed in the NEODS Biological 

Assessment and the Air Force 

concluded that marine mammal habitat 

would not be affected. NMFS concurs 

with this determination in the 

Environmental Assessment (EA). 

Proposed 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 0.91 m (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 two hours and one hour 

continuing to 5 minutes prior to the 

mission to verify that the ZOI (230 m 

(755 ft)) is free of visually detectable 

marine mammals and large schools of 

fish, 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 a marine mammal appears 

likely to enter the test area during 

detonation, if large schools of fish 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. 

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 is detected in 

the ZOI and subsequently is not seen 

again within 15 minutes. The mission 

would not continue until the animal is 

moving away from the mission area 

and/or the last verified location is 

outside of the ZOI. 

(3) Large schools of fish are observed 

in the water within of the ZOI. The 

delay would continue until large 

schools are confirmed to be outside the 

ZOI. 

In the event of a postponement, premission 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 premission mitigation by reporting any 

sightings of dead or injured marine 

mammals. Post-detonation monitoring, 

concentrating on the area down current 

of the test site, would commence 

immediately following each detonation 

and continue for at least two hours after 

the last detonation. The monitoring 

team would document and report to the 

appropriate marine animal stranding 

network any marine mammals 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 

The Air Force 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, within 24 hours. A summary of 

mission observations and test results, 

including dates and times of 

detonations as well as pre- and postmission monitoring observations, will 

be submitted to the Southeast Regional 

Office (NMFS) and to the Division of 

Permits, Conservation, and Education, 

Office of Protected Resources (NMFS) 

within 90 days after the completion of 

the last training session. 

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 sea turtles 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 proposed 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 

In 2005, NMFS prepared an 

Environmental Assessment (EA) 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, and 

subsequently issued a Finding of No 

Significant Impact (FONSI). Therefore, 

preparation of an EIS on this action is 

not required by section 102(2) of the 

NEPA or its implementing regulations. 

In 2007, NMFS prepared a supplemental 

EA (SEA) to address new available 

information regarding the effects of the 

described activities to Essential Fish 

Habitat and other operations EAFB is 

conducting that may have cumulative 

impacts to the physical and biological 

environment. NMFS issued a FONSI for 

the SEA regarding NEODS activities. 

The analysis in the EA and SEA 

concluded that issuance of an IHA 

would not significantly affect the 

quality of the human environment. This 

proposed 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. 

Preliminary Conclusions 

NMFS proposes to issue an IHA for a 

one year period to the EAFB for the 

NEODS training missions to take place 


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within EGTTR, Florida. The proposal to 

issue this IHA is contingent upon 

adherence to the previously mentioned 

mitigation, monitoring, and reporting 

requirements. NMFS has preliminarily 

determined that the impact of the 

NEODS training, which entails up to six 

missions per year, including up to five 

live detonations per mission of 

approximately 5–lb (2.3 kg) net 

explosive weight charges to occur in 

approximately 60–foot (18 m) deep 

water from one to three nm off shore, 

may result in the Level B harassment of 

a few Atlantic bottlenose dolphins and 

Atlantic spotted dolphins and; 

therefore, would have a negligible 

impact on these marine mammal species 

and stocks. Dwarf and pygmy sperm 

whales and manatees are unlikely to be 

found in the area and, therefore, are 

unlikely to be affected. While behavioral 

modifications may be made by Atlantic 

bottlenose dolphins and Atlantic 

spotted dolphins to avoid the resultant 

acoustic stimuli, there is virtually no 

possibility of injury or mortality when 

the potential density of dolphins in the 

area and extent of mitigation and 

monitoring are taken into consideration. 

The effects of the NEODS training are 

expected to be limited to short-term and 

localized TTS-related behavioral 

changes. NMFS has also preliminarily 

determined that the anticipated takes 

will have a negligible impact on the 

affected species. No subsistence users 

are located within the geographic area of 

this proposed project. 

Due to the infrequency and localized 

nature of these activities, the estimated 

number of marine mammals, relative to 

the population size, potentially taken by 

harassment is small (less than 0.0002 

percent for each species, and perhaps 1–

2 percent of an inshore stock of 

bottlenose dolphin if one of them were 

harassed). In addition, no take by injury 

and/or death is anticipated. No 

rookeries, mating grounds, areas of 

concentrated feeding, or other areas of 

special significance for marine 

mammals occur within or near the 

NEODS test sites. 

Information Solicited 

NMFS requests interested persons to 

submit comments and information 

concerning this request (see ADDRESSES). 

Concurrent with the publication of this 

notice in the Federal Register, NMFS is 

forwarding copies of this application to 

the Marine Mammal Commission and 

its Committee of Scientific Advisors. 

Dated: August 5, 2008. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–18484 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XJ57 

U.S. Climate Change Science Program 

Synthesis and Assessment Product 

Draft Report 1.2 ‘‘Past Climate 

Variability and Change in the Arctic 

and at High Latitudes’’

AGENCY: National Oceanic and 

Atmospheric Administration, 

Department of Commerce. 

ACTION: Notice of availability and 

request for public comments. 

SUMMARY: The National Oceanic and 

Atmospheric Administration publishes 

this notice to announce a 45-day public 

comment period for the draft report 

titled, U.S. Climate Change Science 

Program Synthesis and Assessment 

Product 1.2 ‘‘Past Climate Variability 

and Change in the Arctic and at High 

Latitudes.’’This draft report is being 

released solely for the purpose of predissemination peer review under 

applicable information quality 

guidelines. This document has not been 

formally disseminated by NOAA. It does 

not represent and should not be 

construed to represent any Agency 

policy or determination. After 

consideration of comments received on 

the draft report, a revised version along 

with the comments received will be 

published on the CCSP web site. 

DATES: Comments must be received by 

September 25, 2008. 

ADDRESSES: The draft Synthesis and 

Assessment Product: 1.2 is posted on 

the CCSP Web site at: 

http://www.climatescience.gov/Library/ 

sap/sap1–2/default.php 

Detailed instructions for making 

comments on this draft report are 

provided on the link above. Comments 

must be prepared in accordance to these 

instructions and must be submitted to: 

1.2–clivar@climatescience.gov 

FOR FURTHER INFORMATION CONTACT: Dr. 

Fabien Laurier, Climate Change Science 

Program Office, 1717 Pennsylvania 

Avenue NW, Suite 250, Washington, DC 

20006, Telephone: (202) 419–3481. 

SUPPLEMENTARY INFORMATION: The CCSP 

was established by the President in 2002 

to coordinate and integrate scientific 

research on global change and climate 

change sponsored by 13 participating 

departments and agencies of the U.S. 

Government. The CCSP is charged with 

preparing information resources that 

promote climate-related discussions and 

decisions, including scientific synthesis 

and assessment analyses that support 

evaluation of important policy issues. 

Dated: August 1, 2008. 

William J. Brennan, 

Assistant Secretary of Commerce for Oceans 

and Atmosphere, and Director, Climate 

Change Science Program. 

[FR Doc. E8–18405 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–12–S 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal Nos. 08–86] 

36(b)(1) Arms Sales Notification 

AGENCY: Department of Defense, Defense 

Security Cooperation Agency. 

ACTION: Notice. 

SUMMARY: The Department of Defense is 

publishing the unclassified text of a 

section 36(b)(1) arms sales notification. 

This is published to fulfill the 

requirements of section 155 of Public 

Law 104–164 dated 21 July 1996. 

FOR FURTHER INFORMATION CONTACT: Ms. 

B. English, DSCA/DBO/CFM, (703) 601–

3740. 

The following is a copy of a letter to 

the Speaker of the House of 

Representatives, Transmittals 08–86 

with attached transmittal, and policy 

justification. 

Dated: August 1, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

BILLING CODE 5001–06–M 


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