56800 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 

construction activities, and any 

environmental concerns that may exist 

(e.g., the use and disposal of hazardous 

or toxic chemicals, introduction of nonindigenous species, impacts to 

endangered and threatened species, 

aquaculture projects, and impacts to 

coral reef systems). In addition to 

providing specific information that will 

serve as the basis for any required 

impact analyses, applicants may also be 

requested to assist NOAA in drafting of 

an environmental assessment, if NOAA 

determines an assessment is required. 

Applicants will also be required to 

cooperate with NOAA in identifying 

feasible measures to reduce or avoid any 

identified adverse environmental 

impacts of their proposal. The failure to 

do so shall be grounds for not selecting 

an application. In some cases if 

additional information is required after 

an application is selected, funds can be 

withheld by the Grants Officer under a 

special award condition requiring the 

recipient to submit additional 

environmental compliance information 

sufficient to enable NOAA to make an 

assessment on any impacts that a project 

may have on the environment. The 

Department of Commerce Pre-Award 

Notification Requirements for Grants 

and Cooperative Agreements contained 

in the Federal Register notice of 

February 11, 2008 (73 FR 7696) are 

applicable to this solicitation. 

Paperwork Reduction Act 

This document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Standard Forms 424, 424A, 424B, 

424C, 424D, and SF-LLL has been 

approved by OMB under the respective 

control numbers 4040–0004, 0348–0044, 

4040–0007, 0348–0041, 4040–0009, and 

0348–0046. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA unless 

that collection of information displays a 

currently valid OMB control number. 

Executive Order 12866 

This notice has been determined to be 

not significant for purposes of Executive 

Order 12866. 

Executive Order 13132 (Federalism) 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act 

Prior notice and an opportunity for 

public comment are not required by the 

Administrative Procedure Act or any 

other law for rules concerning public 

property, loans, grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Dated: September 24, 2008. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–22970 Filed 9–29–08; 8:45 am] 

BILLING CODE 3510–PJ–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB13 

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. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) regulations, notification is 

hereby given that NMFS has issued an 

Incidental Harassment Authorization 

(IHA) to Eglin Air Force Base (EAFB) for 

the take of marine mammals, by Level 

B harassment only, incidental to Naval 

Explosive Ordnance Disposal School 

(NEODS) training operations at EAFB, 

Florida. 

DATES: Effective from October 5, 2008, 

through October 4, 2009. 

ADDRESSES: A copy of the IHA and the 

application are available by writing 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, 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 

(FOR FURTHER INFORMATION CONTACT) or 

online 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 or 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 

military readiness activity 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 

will 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 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 30– 

day public notice and comment period 

on any proposed IHA. Within 45 days 


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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 reissuance of their IHA for the taking, by 

Level B harassment only, 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). Each of 

up to six missions per year would 

include up to five 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) offshore. Because this 

activity will be a multi-year activity, 

NMFS also plans to develop proposed 

regulations for NEODS training 

operations at EAFB. EAFB was granted 

an IHA in 2005, 2006, and 2007 for this 

activity. No missions have occurred to 

date. 

Because the relative low cost and ease 

of use of mines lends itself to use by an 

array of transnational, rogue, and 

subnational adversaries that now pose 

the most immediate threat to American 

interests and because NEODS supports 

the Naval Fleet by providing training to 

personnel from all four armed services, 

civil officials, and military students 

from over 70 countries, this activity 

constitutes a ‘‘military readiness 

activity,’’ as defined in Section 315(f) of 

Public Law 107–314 (16 U.S.C. 703 

note). 

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 plans 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 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 

hand-held 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 hand-held 

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 is 

contained in the initial Federal Register 

notice (73 FR 46592, August 11, 2008) 

and application, which is available 

upon request (see ADDRESSES). 

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 (Trichechus 

manatus). While a few manatees may 

migrate as far north from southern 

Florida (where they are generally 

confined in the winter) to Louisiana in 

the summer, they primarily inhabit 

coastal and inshore waters, rarely 

venture offshore, and sightings of 

manatees in the EGTTR are rare. Dwarf 

(Kogia sima) and pygmy sperm whales 

(Kogia breviceps), 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, 

impact 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. 

Accordingly, EAFB did not seek an 

incidental take authorization from the 

U.S. Fish and Wildlife Service, which 

has jurisdiction over manatees. 

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 

that may be affected by these activities, 

whose status and distribution were 

discussed in the proposed IHA (73 FR 

46592, August 11, 2008), are the 

bottlenose dolphin (Tursiops truncatus) 

and the Atlantic spotted dolphin 

(Stenella frontalis). Although Atlantic 

spotted dolphins do not normally 

inhabit nearshore waters, NMFS has 

included them in the analysis due to the 

potential for occurrence and to ensure 

conservative mitigation measures are 

applied. Further descriptions of the 

biology and local distribution of these 

species can be found in the application 

(see ADDRESSES); 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. 

Potential Effects of Activities on Marine 

Mammals 

The primary potential impact to 

Atlantic bottlenose and the Atlantic 

spotted dolphins occurring in the 

EGTTR from the planned detonations is 

Level B harassment from noise and 

energy 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 

required 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 document 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) indicates a 

30–percent incidence of permanent 

threshold shift (PTS) at the same 

threshold). The zone of influence (ZOI) 


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(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 

under debate. 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. However, due 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. 

Comments and Responses 

On July 12, 2007, NMFS published in 

the Federal Register a notice of a 

proposed IHA for EAFB’s request to take 

marine mammals incidental to NEODS 

training exercises in the GOM, and 

requested comments regarding this 

request (See 72 FR 38061). During the 

30–day public comment period, NMFS 

received one public comment and 

comments from the Marine Mammal 

Commission (Commission). 

Comment 1: The Commission 

recommends NMFS grant the requested 

authorizations provided that Eglin AFB 

conduct all practicable monitoring and 

mitigation measures to afford the 

potentially affected marine mammal 

species adequate protection from 

serious and lethal injury. 

Response: NMFS believes that the 

IHA includes all practicable monitoring 

and mitigation measures to avoid 

serious or lethal injury of marine 

mammals, and we believe that they will 

be effective. The radius around the site 

of the explosion where the animals 

could potentially be injured is 52 m, 

and animals would have to be 

significantly closer than that for the 

potential for serious injury or death to 

occur. Marine Mammal Observers 

(MMOs) will be monitoring a 460–m 

radius area for the entire 15 minutes 

leading up to the detonation and the 

operation will be postponed if animals 

are seen within the 230–dB ZOI or if 

large schools of fish, which could attract 

the delphinids, are seen within the ZOI. 

Comment 2: The Commission 

recommends that NEODS training 

operations be suspended immediately if 

a seriously injured or dead marine 

mammal is found in the vicinity of the 

operations and the death or injury could 

be attributable to the NEODS activities. 

Further, the Commission recommends 

that any suspension should remain in 

place until NMFS has (1) reviewed the 

situation and determined that further 

deaths or serious injuries are unlikely to 

occur or (2) issued regulations 

authorizing such takes under section 

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

Response: NMFS concurs with the 

Commission’s recommendation and will 

include this provision in the IHA. 

Comment 3: The Commission also 

resubmitted the identical comments it 

submitted on the 2005 and 2006 NEODS 

IHA. In summary, the Commission 

recommends NMFS should further 

explain its rationale for determining that 

the takings will be by harassment only 

and that the potential for lethal injuries 

is sufficiently remote to warrant the 

issuance of an authorization under 

101(a)(5)(d) of the MMPA. In addition, 

the Commission questioned NMFS’ 

assessment that TTS constitutes no 

more than Level B harassment and 

NMFS should further explain and 

justify the dual criteria established for 

determining non-lethal injury; the ‘‘noninjurious behavioral response’’ 

threshold; and the 23 psi criterion for 

estimating TTS threshold. 

Response: NMFS stated the 

Commission’s concerns and addressed 

them in the Federal Register notice 

announcing the issuance of the 2005 

and 2006 IHA’s (70 FR 51341, August 

30, 2005; 71 FR 60693, October 16, 

2006), and they may be referenced there. 

Comment 4: A member of the public 

opposes the issuance of this permit 

based on the assumption it would allow 

for the killing of marine mammals. 

Response: NMFS does not believe that 

the authorized activities will result in 

the death of any marine mammals, nor 

does this IHA authorize any marine 

mammal injury or mortality. 

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 

calculated ZOI area, 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 high density estimate for each 

species of dolphin, the ZOI of charge 

employed and the total of events per 

year, an annual estimate for the 

potential number of animals exposed to 

noise was derived. Without any 

mitigation, up to one cetacean is 

estimated to be within the Level A 

Harassment 205 dB ZOI. Because inplace mitigations would clear the area of 

any marine mammals before detonation, 

it is anticipated that no marine mammal 

takes by mortality or injury (Level A 

Harassment) would result. No Level A 

Harassment or mortality is authorized 

by NMFS during NEODS activities. 

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 

numbers of Atlantic bottlenose dolphins 

and Atlantic spotted dolphins 

potentially taken through exposure to 

182 dB are 4 and 3 individuals, 

respectively. The estimated numbers 

potentially taken through exposure to 23 

psi are also 4 and 3 individuals, 

respectively. This represents less than 

0.0002 percent for each species and 

perhaps 1–2 percent of an inshore stock 

of Atlantic bottlenose dolphins if one 

individual for that stock is harassed. 

While it is highly unlikely that the 

offshore bottlenose dolphin stock would 

be affected by this action due their 

distribution, it not possible to 

distinguish from inshore stocks of this 

species. 

Possible Effects of Activities on Marine 

Mammal Habitat 

NMFS 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), 


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ordnance, fuel, and chemical residues 

were analyzed in the NEODS Biological 

Assessment and NMFS’ Environmental 

Assessment. These documents conclude 

that marine mammal habitat would not 

be affected from the specified activity. 

EAFB initiated consultation with 

NMFS Southeast Region (SER) on July 

27, 2007 for effects regarding Essential 

Fish Habitat (EFH). On August 6, 2007, 

NMFS SER concurred with EAFB’s 

determination that NEODS activities are 

not likely to adversely affect EFH. 

NMFS Office of Protected Resources 

adopts the SERs determinations and 

accordingly finds that EFH is not likely 

to be adversely affected from NEODS 

activities. 

Mitigation and Monitoring 

Mitigation will consist primarily of 

surveying and taking action to avoid 

detonating charges when protected 

species are within the Level A 

harassment ZOI. A trained, NMFSapproved observer will 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 (1,509 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, one hour, and the 

entire 15 minutes prior to the mission 

to verify that the ZOI (230 m (755 ft)) 

is free of visually detectable marine 

mammals, 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 any ZOI 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 ZOI is and 

will remain clear of detectable marine 

mammals. 

Monitoring of the survey 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 Level B Harassment 

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 Level B Harassment ZOI and 

subsequently is not seen again within 15 

minutes. 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. 

In the event of a postponement, premission monitoring would continue as 

long as weather and daylight hours 

allow. If a charge fails to explode, 

mitigation measures would continue 

while operations personnel attempt to 

recognize and solve the problem (i.e., 

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. 

Additionally, in the unlikely event 

that an injured (Level A Harassment), 

seriously injured, or dead marine 

mammal is found in the vicinity of the 

operations and the death or injury could 

be attributable to the NEODS activities, 

training operations will be suspended 

and NMFS contacted immediately. This 

suspension would remain in place until 

NMFS has (1) reviewed the situation 

and determined that further injury or 

death is unlikely to occur or (2) issued 

regulations to authorize such takes 

under section 101(a)(5)(A) of the 

MMPA. 

Reporting 

The Air Force will notify NMFS two 

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 conducted 

under this IHA. 

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 NEODS 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 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). In 2007, 

NMFS issued a FONSI based on 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. 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. Therefore, 

preparation of an EIS on this action is 

not required by section 102(2) of the 

NEPA or its implementing regulations. 

Conclusions 

NMFS has issued an IHA for a oneyear period to the EAFB for the NEODS 

training missions to take place within 

the EGTTR, Florida. The issuance of this 

IHA is contingent upon adherence to the 

previously mentioned mitigation, 

monitoring, and reporting requirements. 

NMFS has determined that the impact 

of the NEODS training, which entails up 


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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–ft (18 m) deep water 

from one to three nm offshore, may 

result in the Level B Harassment of a 

few Atlantic bottlenose dolphins and 

Atlantic spotted dolphins; this would 

have a negligible impact on these 

affected marine mammals 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. No subsistence users are 

located within the geographic area of 

this project. 

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. 

Authorization 

As a result of these determinations, 

NMFS proposes to issue an IHA to the 

Air Force for NEODS training operations 

at EAFB, Florida, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. 

Dated: September 19, 2008. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. E8–22817 Filed 9–29–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XK74 

General Advisory Committee to the 

U.S. Section to the Inter-American 

Tropical Tuna Commission; Meeting 

Announcement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: NMFS announces a meeting, 

via teleconference, of the General 

Advisory Committee to the U.S. Section 

to the Inter-American Tropical Tuna 

Commission (IATTC) in October 2008. 

Meeting topics are provided under the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

DATES: The meeting will be held on 

October 16, 2008, from 10 a.m. to 12 

p.m. (or until business is concluded), 

Pacific time. 

ADDRESSES: The meeting will be held 

via teleconference. Please notify Allison 

Routt prior to October 9, 2008, to 

receive dial in information and of your 

intent to participate in this 

teleconference. 

FOR FURTHER INFORMATION CONTACT: 

Allison Routt at (562) 980–4019 or (562) 

980–4030. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Tuna Conventions 

Act, as amended, the Department of 

State has appointed a General Advisory 

Committee to the U.S. Section to the 

IATTC. The U.S. Section consists of the 

four U.S. Commissioners to the IATTC 

and the representative of the Deputy 

Assistant Secretary of State for Oceans 

and Fisheries. The Advisory Committee 

supports the work of the U.S. Section in 

a solely advisory capacity with respect 

to U.S. participation in the work of the 

IATTC, with particular reference to the 

development of policies and negotiating 

positions pursued at meetings of the 

IATTC. NMFS, Southwest Region, 

administers the Advisory Committee in 

cooperation with the Department of 

State. 

Meeting Topics 

The General Advisory Committee will 

meet to receive and discuss information 

on: (1) 2008 IATTC activities, (2) 

upcoming meetings of the IATTC, 

including issues such as: conservation 

and management measures for yellowfin 

and bigeye tuna for 2009 and future 

years, measures to be taken in the 

absence of conservation and 

management measures, management of 

fishing capacity, and other issues, (4) 

IATTC cooperation with other regional 

fishery management organizations, (5) 

implementing legislation for the 

Antigua Convention, including the 

provisions for a General Advisory 

Committee, and (6) administrative 

matters pertaining to the General 

Advisory Committee. 

Special Accommodations 

The meeting is via teleconference. 

Requests for special accommodations, 

issues, and needs should be directed to 

Allison Routt at (562) 980–4019 or (562) 

980–4030 by October 9, 2008. 

Dated: September 25, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–22963 Filed 9–29–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XK75 

Mid-Atlantic Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council (Council), its 

Bycatch/Limited Access Committee; its 

Ecosystems Committee; its Research SetAside Committee; its Squid, Mackerel, 

Butterfish Committee; its Law 

Enforcement Committee; and, its 

Executive Committee will hold public 

meetings. 

DATES: The meetings will be held on 

Tuesday, October 14, 2008 through 

Thursday, October 16, 2008. See 

SUPPLEMENTARY INFORMATION for specific 

dates and times. 

ADDRESSES: The meetings will be held at 

the Ramada Plaza & Resort, 1701 South 

Virginia Dare Trail, Kill Devil Hills, NC 

27948; telephone: (252) 441–2151. 

Council address: Mid-Atlantic Fishery 

Management Council, 300 S. New St., 

Room 2115, Dover, DE 19904; 

telephone: (302) 674–2331. 

FOR FURTHER INFORMATION CONTACT: 

Daniel T. Furlong, Executive Director, 

Mid-Atlantic Fishery Management 

Council; telephone: (302) 674–2331 ext. 

19. 

SUPPLEMENTARY INFORMATION: 

Tuesday, October 14, 2008 

9 a.m. until 11 a.m. - The Bycatch/ 

Limited Access Committee will meet. 

11 a.m. until 12 p.m. - The 

Ecosystems Committee will meet. 

1 p.m. until 3 p.m. - The Research SetAside Committee will meet. 

3 p.m. until 5 p.m. - The Squid, 

Mackerel, and Butterfish Committee 

will meet. 

Wednesday, October 15,2008 

9 a.m. until 9:30 a.m. - The Law 

Enforcement Committee will meet. 


ebenthall on PROD1PC60 with NOTICES