[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Pages 46592-46596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18484]


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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.

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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 East-West 
Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is <a href="/cdn-cgi/l/email-protection#16464427382620222e3b4e542725567879777738717960"><span class="__cf_email__" data-cfemail="144446253a2422202c394c562527547a7b75753a737b62">[email protected]</span></a>. 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

[[Page 46593]]

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 mi\2\ 
(222,739 km\2\) 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 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 [mu]Pascal @ 1 meter and the Dukane 
Underwater Acoustic Locator has a SPL of 157-160.5 re 1 [mu]Pascal @ 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 
km\2\ 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/Stock_Assessment_Program/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 semi-enclosed 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

[[Page 46594]]

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/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/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/
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 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 
[mu]Pa\2\ s. TM rupture is well-correlated 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 [mu]Pa\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 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 [mu]Pa\2\ 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 
[mu]Pa\2\ 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 [mu]Pa\2\ s maximum EFD level in any 1/3-octave 
band above 100 Hz, and one expressed in psi. The estimated

[[Page 46595]]

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, 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. 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 
post-mission 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

[[Page 46596]]

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


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