2636 Federal Register / Vol. 80, No. 12 / Tuesday, January 20, 2015 / Proposed Rules 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: December 2, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2015–00642 Filed 1–16–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 218 

[Docket No. 140909771–4771–01] 

RIN 0648–BE51 

Takes of Marine Mammals Incidental to 

Specified Activities; U.S. Navy Joint 

Logistics Over-the-Shore Training 

Activities in Virginia and North 

Carolina 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of proposed rule; request 

for comments and information. 

SUMMARY: NMFS has received a request 

from the U.S. Navy (Navy) for 

authorization to take marine mammals 

incidental to the Joint Logistics Overthe-Shore (JLOTS) training activities 

conducted in Virginia and North 

Carolina, from June 2015 through June 

2020. Pursuant to the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue regulations and a five-year Letter 

of Authorization (LOA) to the Navy to 

incidentally harass marine mammals. 

DATES: Comments and information must 

be received no later than February 19, 

2015. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2015–0004, 

by either of the following methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http://

www.regulations.gov. 

• Hand delivery of mailing of paper, 

disk, or CD–ROM comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

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

20910. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http://

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Work, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Availability 

A copy of the Navy’s application may 

be obtained by visiting the internet at: 

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

incidental.htm. The Navy’s Draft 

Environmental Assessment for Joint 

Logistics Over-the-Shore Training (EA) 

will be made available to the public on 

January 6, 2015, during the comment 

period for this proposed rule. 

Documents cited in this notice may also 

be viewed, by appointment, during 

regular business hours, at the 

aforementioned address. 

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 small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall 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 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring, and reporting of 

such takings 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.’’ 

The National Defense Authorization 

Act of 2004 (NDAA) (Pub. L. 108–136) 

removed the ‘‘small numbers’’ and 

‘‘specified geographic region’’ 

limitations indicated above and 

amended the definition of ‘‘harassment’’ 

as applied to ‘‘military readiness 

activity’’ to read as follows (Section 

3(18)(B) of the MMPA: ‘‘(i) Any act that 

injures or has the significant potential to 

injure a marine mammal or marine 

mammal stock in the wild [Level A 

Harassment]; or (ii) any act that disturbs 

or is likely to disturb a marine mammal 

or marine mammal stock in the wild by 

causing disruption of natural behavioral 

patterns, including, but not limited to, 

migration, surfacing, nursing, breeding, 

feeding, or sheltering, to a point where 

such behavioral patterns are abandoned 

or significantly altered [Level B 

Harassment].’’ 

Summary of Request 

On August 20, 2014, NMFS received 

an application from the Navy requesting 

a letter of authorization (LOA) for the 

take of bottlenose and Atlantic spotted 

dolphins incidental to the Navy’s JLOTS 

training activities in nearshore waters at 

the Joint Expeditionary Base (JEB) Little 

Creek-Fort Story in Virginia and at 

Camp Lejeune in North Carolina. The 

Navy is requesting regulations that 

would establish a process for 

authorizing take, via a 5-year LOA, of 

marine mammals incidental to training 

activities. These activities are classified 

as military readiness activities. The 

Navy states that these activities may 

result in take of marine mammals from 

noise from temporary pier construction 

associated with the JLOTS training 

activities. The Navy requests to take 

bottlenose and Atlantic spotted 

dolphins by Level B harassment. 

Description of the Specified Activity 

JLOTS training is the movement of 

cargo and personnel from ships to shore 

in areas that do not have existing fixed 

port facilities. Among the several 

coordinated exercises of the JLOTS 

training, the only activity that has the 

potential to harass marine mammals is 

the construction of the Elevated 

Causeway System, Modular [ELCAS 

(M)] by introducing noise into the water. 

The ELCAS (M) is a temporary pier 

constructed from the beach into the 

water past the surf zone. It provides a 

means of delivering containers, 

vehicles, and bulk cargo ashore without 

lighterage craft having to enter the surf 


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zone. The ELCAS (M) consists of a 

series of 24- by 40-ft. (7.3- by 12.2-m) 

pontoon sections joined together and 

supported by piles driven into the sea 

floor. 

To build the pier, piles are driven into 

the sand with a diesel-powered impact 

hammer. The piles used typically are 

hollow, half-inch steel uncapped piles, 

24 inches (0.5 m) in diameter, and can 

be of various lengths (38 ft. [11.6 m], 57 

ft. [17.4 m], or 76 ft. [23.2 m]) depending 

on local bathymetry. The depth to 

which the piles are driven is between 30 

and 40 ft. (9.1 to 12.2 m) and 

installation takes approximately 15 

minutes per pile. Typically, 6 piles 

would be installed in a day. Two pile 

drivers are generally used, but not 

simultaneously: while one is driving a 

pile, the other is being re-positioned for 

the next pile. Construction may take up 

to 20 days. A pier length of 1,500 ft (457 

m) is typical for training, with 

approximately 119 supporting piles. 

Once the ELCAS (M) is constructed, 

offloading operations are similar to 

those of a conventional pier. Containerhandling operations consist primarily of 

transferring containers from lighterage 

vessels (e.g., Landing Craft Utility or 

Landing Craft Mechanized) to the pier. 

Empty trucks or trailers are driven onto 

a turntable at the seaward end of the 

ELCAS (M) and are loaded with 

containers using the same cranes from 

construction. The ELCAS (M) is wide 

enough to accommodate two-way traffic. 

Rolling stock may be lifted by crane to 

the pier and driven to the beach as well. 

Operations typically involve the use of 

two forklifts and an average of six cargo 

trucks a day during the exercise. Power 

for the operation of the turntable and 

the lighting of the ELCAS (M) is 

provided by up to two 30-kilowatt (kW) 

and two 100-kW generators. 

The ELCAS (M) is dismantled by 

removing the pontoon sections and 

extracting the piles with a vibratory 

hammer, which takes approximately 6 

minutes per pile, over the course of 10 

days. Typically, 12 piles are removed in 

a day. On the beach, the modified area 

is re-graded to its original elevation. 

Duration and Location 

The JLOTS training areas are in 

nearshore waters at the JEB Little CreekFort Story in Virginia and at Camp 

Lejeune in North Carolina. The primary 

activity area consists of nearshore 

waters where the ELCAS (M) training 

exercises would take place. 

Description of Marine Mammals in the 

Area of the Specified Activities 

There are six marine mammal species 

under NMFS jurisdiction with possible 

or known occurrence in the Navy’s 

JLOTS training area at the JEB Little 

Creek-Fort Story in Virginia and at 

Camp Lejeune in North Carolina, as 

indicated in Table 1. Four marine 

mammal species are listed under the 

Endangered Species Act: North Atlantic 

right whale, humpback whale, sei 

whale, and fin whale. 

TABLE 1—MARINE MAMMAL OCCURRENCE WITHIN THE JLOTS TRAINING AREAS OFF THE ATLANTIC COAST

Common name Scientific name 

Status 

Stock(s) Stock abundance best 

(CV)/Min 

Density in activity area 2

(per km2) 

ESA MMPA JEB Little 

Creek-Fort 

Story 

Camp Lejeune 

Mysticetes: 

fin whale ...... Balaenoptera 

physalus.

E strategic; depleted.Western North 

Atlantic.

3,522 (0.27)/2,817 0.00 

humpback 

whale.

Megaptera 

novaeangliae.

E depleted ............. Gulf of Maine ...... 823 (0)/823 0.000034 0.00009 

North Atlantic 

right whale.

Eubalaena 

glacialis.

E strategic; depleted.Western North 

Atlantic.

444 (0)/(444) 0.000033 

sei whale ..... Balaenoptera borealis.E strategic; depleted.Nova Scotia ........ 357 (0.52)/236 0.000101 

Odontocetes: 

Atlantic spotted dolphin.Stenella frontalis ....... ............................ Western North 

Atlantic.

26,798 (0.66)/16,151 0.0007728 0.153 

bottlenose 

dolphin 3.

Tursiops 

truncatus.

....... strategic .............. Northern North 

Carolina Estuarine System.

950 (0.23)/785 0.159 0.169871 

strategic .............. Southern North 

Carolina Estuarine System.

2,454 (0.53)/1,614 ........................ ........................

strategic; depleted.Western North 

Atlantic Southern Migratory 

Coastal.

12,482 (0.32)/9,591 ........................ ........................

* E = endangered under the ESA. 

NMFS has reviewed the information 

complied by the Navy on the 

abundance, status, and distribution of 

marine mammal species in the waters of 

the JLOTS training areas of the North 

Atlantic coast, which was derived from 

peer reviewed literature, the Navy 

Marine Resource Assessments, and 

NMFS Stock Assessment Reports. 

NMFS considers this information to be 

the best available science with which 

we can conduct the analyses necessary 

to propose these regulations and a fiveyear LOA. This information may be 

viewed in the Navy’s LOA application 

and the Navy’s Draft EA (see 

Availability). Additional information is 

available in the NMFS Stock 


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Assessment Reports, which may be 

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

pr/sars/species.htm. 

Fin whales, North Atlantic right 

whale, humpback whale, and sei whale 

are considered rare in the JLOTS 

training areas. These mysticete whales 

tend to be distributed in relatively 

deeper waters outwards to the offshore 

environment. Occurrences of these 

species in the shallow nearshore waters 

off JEB Little Creek-Fort Story or Camp 

Lejeune are expected to be rare. Due to 

their extremely rare occurrence within 

the training areas, the Navy and NMFS 

do not anticipate any take of fin, North 

Atlantic right, humpback, or sei whales. 

Therefore, these species are not 

addressed further in this proposed rule. 

Bottlenose Dolphin 

Along the U.S. east coast, the 

bottlenose dolphin stock structure is 

well studied. Of the management stocks 

identified by NMFS, three may occur in 

the JLOTS activity area: The Northern 

North Carolina Estuarine System stock, 

the Southern North Carolina Estuarine 

System stock, and the Western North 

Atlantic Southern Migratory Coastal 

stock. The bottlenose dolphin occurs in 

tropical to temperate waters of the 

Atlantic Ocean as well as inshore, 

nearshore, and offshore waters of the 

Gulf of Mexico and U.S. east coast. They 

occur in most enclosed or semi-enclosed 

seas in habitats ranging from shallow, 

murky, estuarine waters to deep, clear 

offshore waters in oceanic regions 

(Jefferson et al. 2008; Wells et al. 2009). 

Bottlenose dolphins are also often found 

in bays, lagoons, channels, and river 

mouths and are known to occur in very 

deep waters of some ocean regions. 

Open ocean populations occur far from 

land; however, population density 

appears to be highest in nearshore areas 

(Scott and Chivers 1990). They are 

common in the lower Chesapeake Bay 

and in Onslow Bay (Chesapeake Bay 

Program 2012; McAlarney et al. 2011). 

Bottlenose dolphins typically occur in 

groups of 2–15 individuals, but 

significantly larger groups have also 

been reported (Shane et al. 1986; Kerr et 

al. 2005). Coastal bottlenose dolphins 

typically exhibit smaller group sizes 

than the larger offshore form, as water 

depth appears to be a significant 

influence on group size (Shane et al. 

1986). Shallow, confined areas typically 

support smaller group sizes, some 

degree of regional site fidelity, and 

limited movement patterns (Shane et al. 

1986; Wells et al. 1987). Bottlenose 

dolphins have a varied diet, feeding on 

small fish, crustaceans, and squid 

(Wells and Scott 2002). 

An Unusual Mortality Event (UME) 

was declared for bottlenose dolphins 

along the Atlantic coast in June 2013 

and is ongoing to date. An increased 

number of strandings have occurred 

from New York to Florida, with 345 

taking place in Virginia and 181 in 

North Carolina. Off JEB Little Creek-Fort 

Story and Camp Lejeune, 32 and 10 

bottlenose dolphin strandings have 

occurred, respectively, since the 

declaration of the UME. The UME is 

being tentatively attributed to cetacean 

morbilivirus, but further research is 

ongoing (National Marine Fisheries 

Service 2014). 

Atlantic Spotted Dolphin 

This species is found in nearshore 

tropical to warm-temperate waters, 

predominantly over the continental 

shelf and upper slope. In the western 

Atlantic, this species is distributed from 

New England to Brazil and is found in 

the Gulf of Mexico as well as the 

Caribbean Sea (Perrin 2008). Atlantic 

spotted dolphin sightings have been 

concentrated in the slope waters north 

of Cape Hatteras, but in the shelf waters 

south of Cape Hatteras sightings extend 

into the deeper slope and offshore 

waters of the mid-Atlantic. 

Atlantic spotted dolphins are highly 

gregarious, and are frequently observed 

in mixed-aged groups numbering up to 

several hundred individuals. Smaller 

subgroups, this species can be age and 

sex segregated to a small degree. Tightly 

bonded mother and calf pairs are typical 

to the age of 3 (Herzing n.d.). 

The Atlantic spotted dolphin 

regularly occurs in the nearshore waters 

south of Chesapeake Bay and near the 

continental shelf edge and continental 

slope waters north of this region, 

usually at least 4.9 to 12.4 miles (8 to 

20 km) offshore (Payne et al. 1984; 

Mullin and Fulling 2003; Davis et al. 

1998; Perrin 2002; Perrin et al. 1994). 

Therefore, while it is unlikely to occur 

in the shallow waters where the JLOTS 

exercises would take place, it is more 

probable at Camp Lejeune than at JEB 

Little Creek-Fort Story. Navy density 

data suggest this species may be more 

likely to occur during summer months 

(U.S. Department of the Navy 2012). 

Potential Effects of the Specified 

Activity on Marine Mammals 

When considering the influence of 

various kinds of sound on the marine 

environment, it is necessary to 

understand that different kinds of 

marine life are sensitive to different 

frequencies of sound. Based on available 

behavioral data, audiograms have been 

derived using auditory evoked 

potentials, anatomical modeling, and 

other data. From this, Southall et al. 

(2007) designated ‘‘functional hearing 

groups’’ for marine mammals and 

estimate the lower and upper 

frequencies of functional hearing of the 

groups. The functional groups and the 

associated frequencies are indicated 

below. It should be noted, however, that 

animals are less sensitive to sounds at 

the outer edge of their functional range 

and most sensitive to sounds of 

frequencies towards the middle of their 

functional hearing range: 

• Low frequency cetaceans (13 species of 

mysticetes): Functional hearing is estimated 

to occur between approximately 7 Hz and 30 

kHz; 

• Mid-frequency cetaceans (32 species of 

dolphins, six species of larger toothed 

whales, and 19 species of beaked and 

bottlenose whales): Functional hearing is 

estimated to occur between approximately 

150 Hz and 160 kHz; 

• High frequency cetaceans (eight species 

of true porpoises, six species of river 

dolphins, Kogia, the franciscana, and four 

species of cephalorhynchids): Functional 

hearing is estimated to occur between 

approximately 200 Hz and 180 kHz; 

• Phocid pinnipeds in Water: Functional 

hearing is estimated to occur between 

approximately 75 Hz and 100 kHz; and 

• Otariid pinnipeds in Water: Functional 

hearing is estimated to occur between 

approximately 100 Hz and 40 kHz. 

As mentioned previously in this 

document, only bottlenose dolphin and 

Atlantic spotted dolphin are likely to 

occur in the proposed JLOTS training 

areas. Both of these two species are 

classified as mid-frequency cetaceans 

(Southall et al. 2007). Because their 

hearing frequency range overlaps with 

the frequencies associated with pile 

driving, the Navy and NMFS 

determined that in-water pile removal 

and pile driving during the JLOTS 

training activities have the potential to 

result in behavioral harassment of the 

marine mammal species and stocks in 

the vicinity of the proposed activity. 

Marine mammals exposed to highintensity sound repeatedly or for 

prolonged periods can experience 

hearing threshold shift (TS), which is 

the reduction of hearing sensitivity in 

the frequency ranges of the sound 

source (Kastak et al. 1999; Schlundt et 

al. 2000; Finneran et al. 2002; 2005). TS 

can be permanent (PTS), in which case 

the reduction of hearing sensitivity is 

unrecoverable, or temporary (TTS), in 

which case the animal’s reduction of 

hearing sensitivity will recover over 

time (Southall et al. 2007). Since marine 

mammals depend on acoustic cues for 

vital biological functions, such as 

orientation, communication, finding 

prey, and avoiding predators, hearing 

impairment could result in the reduced 


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ability of marine mammals to detect or 

interpret important sounds. Repeated 

noise exposure that causes TTS could 

lead to PTS. 

Experiments on a bottlenose dolphin 

(Tursiops truncatus) and beluga whale 

(Delphinapterus leucas) showed that 

exposure to a single watergun impulse 

at a received level of 207 kPa (or 30 psi) 

peak-to-peak (p-p), which is equivalent 

to 228 dB (p-p) re 1 mPa, resulted in a 

7 and 6 dB TTS in the beluga whale at 

0.4 and 30 kHz, respectively. 

Thresholds returned to within 2 dB of 

the pre-exposure level within 4 minutes 

of the exposure (Finneran et al. 2002). 

No TTS was observed in the bottlenose 

dolphin. Although the source level of 

one hammer strike for pile driving is 

expected to be much lower than the 

single watergun impulse cited here, 

animals being exposed for a prolonged 

period to repeated hammer strikes could 

receive more noise exposure in terms of 

sound exposure level (SEL) than from 

the single watergun impulse (estimated 

at 188 dB re 1 mPa2-s) in the 

aforementioned experiment (Finneran et 

al. 2002). 

Chronic exposure to excessive, though 

not high-intensity, noise could cause 

masking at particular frequencies for 

marine mammals that utilize sound for 

vital biological functions (Clark et al. 

2009). Masking is the obscuring of 

sounds of interest by other sounds, often 

at similar frequencies. Masking 

generally occurs when sounds in the 

environment are louder than, and of a 

similar frequency as, auditory signals an 

animal is trying to receive. Masking can 

interfere with detection of acoustic 

signals, such as communication calls, 

echolocation sounds, and 

environmental sounds important to 

marine mammals. Therefore, under 

certain circumstances, marine mammals 

whose acoustical sensors or 

environment are being severely masked 

could also be impaired. 

Masking occurs at the frequency band 

which the animals utilize. Since noise 

generated from in-water pile removal 

and driving is mostly concentrated at 

low frequency ranges, it may have little 

effect on high-frequency echolocation 

sounds by odontocetes (toothed whales). 

However, the lower frequency manmade noises are more likely to affect the 

detection of communication calls and 

other potentially important natural 

sounds, such as surf and prey noise. The 

noises may also affect communication 

signals when those signals occur near 

the noise band, and thus reduce the 

communication space of animals (e.g., 

Clark et al. 2009), cause modification in 

vocalization patterns (e.g., Foote et al. 

2004; Holt et al. 2009), and cause 

increased stress levels (Rolland et al. 

2012). 

Unlike TS, masking can potentially 

impact the species at community, 

population, or even ecosystem levels, as 

well as individual levels. Masking 

affects both senders and receivers of the 

signals and could have long-term 

chronic effects on marine mammal 

species and populations. Recent science 

suggests that low frequency ambient 

sound levels in the world’s oceans have 

increased by as much as 20 dB (more 

than 3 times, in terms of SPL) from preindustrial periods, and most of these 

increases are from distant shipping 

(Hildebrand 2009). All anthropogenic 

noise sources, such as those from vessel 

traffic and pile removal and driving, 

contribute to the elevated ambient noise 

levels, thus intensifying masking. 

Nevertheless, the sum of noise from 

the Navy’s proposed JLOTS training 

activities is confined to a limited area 

and is temporary and intermittent; 

therefore, the noise generated is not 

expected to contribute to increased 

ocean ambient noise. In addition, due to 

shallow water depths in the training 

area, underwater sound propagation of 

low-frequency sound (which is the 

major noise source from pile driving) is 

expected to be poor. 

Finally, in addition to TS and 

masking, exposure of marine mammals 

to certain sounds could lead to 

behavioral disturbance (Richardson et 

al. 1995), such as: Changing durations of 

surfacing and dives, number of blows 

per surfacing, or moving direction 

and/or speed; reduced/increased vocal 

activities; changing/cessation of certain 

behavioral activities, such as socializing 

or feeding; visible startle response or 

aggressive behavior, such as tail/fluke 

slapping or jaw clapping; and avoidance 

of areas where noise sources are located. 

The biological significance of many of 

these behavioral disturbances is difficult 

to predict, especially if the detected 

disturbances appear minor. However, 

the consequences of behavioral 

modification could be expected to be 

biologically significant if the change 

affects growth, survival, or 

reproduction. Some of these types of 

significant behavioral modifications 

include: 

• Drastic change in diving/surfacing 

patterns (such as those thought to be causing 

beaked whale strandings due to exposure to 

military mid-frequency tactical sonar); 

• Extended habitat abandonment due to 

loss of desirable acoustic environment; and 

• Extended cessation of feeding or social 

interaction. 

The onset of behavioral disturbance 

from anthropogenic noise depends on 

both external factors (characteristics of 

noise sources and their paths) and the 

receiving animals (hearing, motivation, 

experience, demography), and is 

therefore difficult to predict (Southall et 

al. 2007). 

The proposed training areas are not a 

prime habitat for marine mammals, nor 

are they considered areas frequented by 

marine mammals. Therefore, behavioral 

disturbances that could result from 

anthropogenic noise associated with the 

Navy’s JLOTS training activities are 

expected to affect only a small number 

of marine mammals on an infrequent 

and limited basis. 

Anticipated Effects on Marine Mammal 

Habitat 

No permanent impacts to marine 

mammal habitat are anticipated to occur 

as a result of the proposed training 

activities. The Navy’s proposed JLOTS 

training activities would not modify the 

existing habitat. Therefore, no 

restoration of the habitat would be 

necessary. A temporary, small-scale loss 

of foraging habitat may occur for marine 

mammals, if the marine mammals leave 

the area during pile extraction and 

driving activities. 

Acoustic energy created during pile 

driving and removal work would have 

the potential to disturb fish within the 

vicinity of the training areas. As a result, 

the affected areas could temporarily lose 

foraging value to marine mammals. 

During pile driving, high noise levels 

may exclude fish from the vicinity of 

the pile driving. Hastings and Popper 

(2005) identified several studies that 

suggest fish will relocate to avoid areas 

of damaging noise energy. If fish leave 

the area of disturbance, the affected area 

may have a temporarily decreased 

foraging value during impact 

hammering and vibratory removal of 

piles. 

The duration of fish avoidance of this 

area after pile driving stops is unknown. 

However, the affected area represents an 

extremely small portion of the total 

foraging range of marine mammals that 

may be present in and around the 

project area. 

Because of the short duration of the 

activities and the relatively small area of 

the habitat that may be affected, the 

impacts to marine mammals and the 

food sources that they utilize are not 

expected to cause significant or longterm consequences for individual 

marine mammals or marine mammal 

populations. 

Proposed Mitigation 

In order to issue an incidental take 

authorization (ITA) under section 

101(a)(5)(A) of the MMPA, NMFS must 

set forth the ‘‘permissible methods of 


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taking pursuant to such activity, and 

other means of effecting the least 

practicable adverse impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance.’’ The NDAA of 2004 

amended the MMPA as it relates to 

military-readiness activities and the 

incidental take authorization process 

such that ‘‘least practicable adverse 

impact’’ shall include consideration of 

personnel safety, practicality of 

implementation, and impact on the 

effectiveness of the ‘‘military readiness 

activity.’’ The training activities 

described in the JLOTS LOA application 

are considered military readiness 

activities. 

NMFS reviewed the proposed 

activities and the proposed mitigation 

measures as described in the Navy’s 

LOA application to determine if they 

would result in the least practicable 

adverse effect on marine mammals, 

which includes a careful balancing of 

the likely benefit of any particular 

measure to the marine mammals with 

the likely effect of that measure on 

personnel safety, practicality of 

implementation, and impact on the 

effectiveness of the ‘‘military readiness 

activity.’’ Included below are standard 

operating procedures and the mitigation 

measures the Navy proposed in its LOA 

application. 

Standard Operating Procedures 

Soft starts are performed during 

impact installation each day. During a 

soft start, an initial set of strikes from 

the impact hammer at reduced energy 

are performed before it is able to be 

operated at full power and speed. The 

energy reduction of an individual 

hammer cannot be quantified because 

they vary by individual drivers. Also, 

the number of strikes will vary at 

reduced energy because raising the 

hammer at less than full power and then 

releasing it results in the hammer 

‘‘bouncing’’ as it strikes the pile 

resulting in multiple ‘‘strikes’’. A benefit 

of a soft start is that marine species in 

the vicinity are provided a ‘‘warning’’, 

giving them an opportunity to leave the 

area at the first occurrence of the noise, 

prior to full capacity operation. This 

may result in reducing exposures to 

underwater noise levels that could 

cause behavioral disturbance or injury. 

Mitigation Zone and Shutdown Measure 

The Navy will establish a mitigation 

zone of 60 yards (55 m) around the pile 

being driven. Visual observation will be 

conducted starting 30 minutes prior to, 

during, and 30 minutes after the 

exercise within the mitigation zone. The 

exercise will not commence if 

concentrations of floating vegetation 

(Sargassum or kelp patties) are observed 

in the mitigation zone. 

Pile driving will cease if a marine 

mammal is visually detected within the 

mitigation zone. Pile driving will 

re-commence if any one of the following 

conditions is met: (1) The animal is 

observed exiting the mitigation zone, (2) 

the animal is thought to have exited the 

mitigation zone based on its course and 

speed, or (3) the mitigation zone has 

been clear from any additional sightings 

for a period of 30 minutes. 

Marine Species Awareness Training 

Consistent with current requirements, 

all personnel standing watch on the 

bridge, Commanding Officers, Executive 

Officers, and Lookouts will successfully 

complete the Marine Species Awareness 

Training prior to standing watch or 

serving as a Lookout. The Marine 

Species Awareness Training is designed 

to improve the effectiveness of visual 

observations for marine resources, 

including marine mammals. The 

training provides information on 

sighting cues, visual observation tools 

and techniques, and sighting 

notification procedures. 

Vessels 

Vessels will avoid approaching 

marine mammals head on and will 

maneuver to maintain a mitigation zone 

of 500 yards (457 m) around observed 

whales and 200 yards (183 m) around 

all other marine mammals (except bow 

riding dolphins), providing it is safe to 

do so. 

North Atlantic Right Whale MidAtlantic Migration Corridor 

A North Atlantic right whale 

migratory route is located off the midAtlantic coast of the United States. This 

mitigation area applies from November 

1 through April 30 and is defined as 

follows: 

• Block Island Sound: The area bounded 

by 40°51′53.7′′ N/070°36′44.9′′ W; 41°20′14.1′′ 

N/070°49′44.1′′ W; 41°4′16.7′′ N/071°51′21′′ 

W; 41°35′56.5′′ N/071°38′26.1′′ W; then back 

to first set of coordinates. 

• New York and New Jersey: Within a 20 

nm radius of the following (as measured 

seaward from the COLREGS lines): 

40°29′42.2′′ N/073°55′57.6′′ W. 

• Delaware Bay: Within a 20 nm radius of 

the following (as measured seaward from the 

COLREGS lines): 38°52′27.4′′ North/

075°01′32.1′′ West. 

• Chesapeake Bay: Within a 20 nm radius 

of the following (as measured seaward from 

the COLREGS lines): 37°00′36.9′′ North/

075°57′50.5′′ West. 

• Morehead City, North Carolina: Within a 

20 nm radius of the following (as measured 

seaward from the COLREGS lines): 

34°41′32.0′′ North/076°40′08.3′′ West. 

• Wilmington, North Carolina, through 

South Carolina, and to Brunswick, Georgia: 

Within a continuous area 20 nautical miles 

from shore and west back to shore bounded 

by 34°10′30′′ North/077°49′12′′ West; 

33°56′42′′ North/077°31′30′′ West; 33°36′30′′ 

North/077°47′06′′ West; 33°28′24′′ North/

078°32′30′′ West; 32°59′06′′ North/078°50′18′′ 

West; 31°50′00′′ North/080°33′12′′ West; 

31°27′00′′ North/080°51′36′′ West. 

When transiting within the migration 

corridor, the Navy will practice 

increased vigilance, exercise extreme 

caution, and proceed at the slowest 

speed that is consistent with safety, 

mission, and training objectives. 

Mitigation Conclusions 

NMFS has carefully evaluated the 

Navy’s proposed mitigation measures 

and considered a range of other 

measures in the context of ensuring that 

NMFS prescribes the means of effecting 

the least practicable impact on the 

affected marine mammal species and 

stocks and their habitat. Our evaluation 

of potential measures included 

consideration of the following factors in 

relation to one another: 

• The manner in which, and the degree to 

which, the successful implementation of the 

measure is expected to minimize adverse 

impacts to marine mammals. 

• The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned. 

• The practicability of the measure for 

applicant implementation, including 

consideration of personnel safety, practicality 

of implementation, and impact on the 

effectiveness of the military readiness 

activity. 

Any mitigation measure(s) prescribed 

by NMFS should be able to accomplish, 

have a reasonable likelihood of 

accomplishing (based on current 

science), or contribute to the 

accomplishment of one or more of the 

general goals listed below: 

1. Avoidance or minimization of injury or 

death of marine mammals wherever possible 

(goals 2, 3, and 4 may contribute to this goal). 

2. A reduction in the numbers of marine 

mammals (total number or number at 

biologically important time or location) 

exposed to received levels of in-water pile 

driving and pile removal, or other activities 

expected to result in the take of marine 

mammals (this goal may contribute to 1, 

above, or to reducing harassment takes only). 

3. A reduction in the number of times (total 

number or number at biologically important 

time or location) individuals would be 

exposed to received levels of in-water pile 

driving and pile removal, or other activities 

expected to result in the take of marine 

mammals (this goal may contribute to 1, 

above, or to reducing harassment takes only). 

4. A reduction in the intensity of exposures 

(either total number or number at biologically 


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important time or location) to received levels 

of in-water pile driving and pile removal, or 

other activities expected to result in the take 

of marine mammals (this goal may contribute 

to 1, above, or to reducing the severity of 

harassment takes only). 

5. Avoidance or minimization of adverse 

effects to marine mammal habitat, paying 

special attention to the food base, activities 

that block or limit passage to or from 

biologically important areas, permanent 

destruction of habitat, or temporary 

destruction/disturbance of habitat during a 

biologically important time. 

6. For monitoring directly related to 

mitigation—an increase in the probability of 

detecting marine mammals, thus allowing for 

more effective implementation of the 

mitigation. 

Based on our evaluation of the Navy’s 

proposed measures, as well as other 

measures considered by NMFS, NMFS 

has preliminarily determined that the 

proposed mitigation measures provide 

the means of effecting the least 

practicable impact on marine mammals 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance, while also considering 

personnel safety, practicality of 

implementation, and impact on the 

effectiveness of the military readiness 

activity. 

Proposed Monitoring 

In order to issue an ITA for an 

activity, section 101(a)(5)(A) of the 

MMPA states that NMFS must set forth 

‘‘requirements pertaining to the 

monitoring and reporting of such 

taking.’’ The MMPA implementing 

regulations at 50 CFR 216.104 (a)(13) 

indicate that requests for LOAs must 

include the suggested means of 

accomplishing the necessary monitoring 

and reporting that will result in 

increased knowledge of the species and 

of the level of taking or impacts on 

populations of marine mammals that are 

expected to be present. 

Monitoring measures prescribed by 

NMFS should accomplish one or more 

of the following general goals: 

1. An increase in the probability of 

detecting marine mammals, both within the 

mitigation zone (thus allowing for more 

effective implementation of the mitigation) 

and in general to generate more data to 

contribute to the analyses mentioned below; 

2. An increase in our understanding of how 

many marine mammals are likely to be 

exposed to levels of in-water pile driving and 

pile removal that we associate with specific 

adverse effects, such as behavioral 

harassment, TTS, or PTS; 

3. An increase in our understanding of how 

marine mammals respond to stimuli 

expected to result in take and how 

anticipated adverse effects on individuals (in 

different ways and to varying degrees) may 

impact the population, species, or stock 

(specifically through effects on annual rates 

of recruitment or survival) through any of the 

following methods: 

D Behavioral observations in the presence 

of stimuli compared to observations in the 

absence of stimuli (need to be able to 

accurately predict received level, distance 

from source, and other pertinent 

information); 

D Physiological measurements in the 

presence of stimuli compared to observations 

in the absence of stimuli (need to be able to 

accurately predict received level, distance 

from source, and other pertinent 

information); 

D Distribution and/or abundance 

comparisons in times or areas with 

concentrated stimuli versus times or areas 

without stimuli; 

4. An increased knowledge of the affected 

species; and 

5. An increase in our understanding of the 

effectiveness of certain mitigation and 

monitoring measures. 

Operational Monitoring Measures 

(1) Standard Watch Personnel 

Ships operated by or for the Navy 

shall have personnel assigned to stand 

watch at all times, day and night, when 

moving through the water (underway). 

Watch personnel shall undertake 

extensive training in accordance with 

the U.S. Navy Lookout Training 

Handbook or civilian equivalent, 

including on-the-job instruction and a 

formal Personal Qualification Standard 

program (or equivalent program for 

supporting contractors or civilians), to 

certify that they have demonstrated all 

necessary skills (such as detection and 

reporting of floating or partially 

submerged objects). Watch personnel 

are composed of officers, enlisted men 

and women, and civilian equivalents. 

Their duties may be performed in 

conjunction with other job 

responsibilities, such as navigating the 

ship or supervising other personnel. 

While on watch, personnel employ 

visual search techniques, including the 

use of binoculars, using a scanning 

method in accordance with the U.S. 

Navy Lookout Training Handbook or 

civilian equivalent. After sunset and 

prior to sunrise, watch personnel 

employ night visual search techniques, 

which could include the use of night 

vision devices. 

A primary duty of watch personnel is 

to detect and report all objects and 

disturbances sighted in the water that 

may be indicative of a threat to the ship 

and its crew, such as debris, a 

periscope, surfaced submarine, or 

surface disturbance. Per safety 

requirements, watch personnel also 

report any marine mammals sighted that 

have the potential to be in the direct 

path of the ship as a standard collision 

avoidance procedure. Because watch 

personnel are primarily posted for safety 

of navigation, range clearance, and manoverboard precautions, they are not 

normally posted while ships are moored 

to a pier. When anchored or moored to 

a buoy, a watch team is still maintained 

but with fewer personnel than when 

underway. When moored or at anchor, 

watch personnel may maintain security 

and safety of the ship by scanning the 

water for any indications of a threat (as 

described above). 

While underway, Navy ships (with 

the exception of submarines) greater 

than 65 ft. (20 m) in length have at least 

two watch personnel; Navy ships less 

than 65 ft. (20 m) in length, surfaced 

submarines, and contractor ships have 

at least one watch person. While 

underway, watch personnel are alert at 

all times and have access to binoculars. 

Due to limited manning and space 

limitations, small boats and some craft 

transferring cargo from ship to shore do 

not have dedicated watch personnel, 

and the boat crew is responsible for 

maintaining the safety of the boat and 

surrounding environment. 

All vessels use extreme caution and 

proceed at a ‘‘safe speed’’ so they can 

take proper and effective action to avoid 

a collision with any sighted object or 

disturbance and can be stopped within 

a distance appropriate to the prevailing 

circumstances and conditions. 

(2) Lookouts 

Lookouts perform similar duties to 

standard watch personnel, and are also 

responsible for satisfying mitigation 

requirements. The Navy will have one 

Lookout positioned on the platform 

(which could include a small boat, the 

elevated causeway, or the shore) that 

will maximize the potential for sightings 

during pile driving and pile removal. 

The Lookout positioned on the 

elevated causeway or the shore will be 

dedicated solely to diligent observation 

of the air and surface of the water. They 

will have multiple observation 

objectives, which include but are not 

limited to detecting the presence of 

biological resources and recreational or 

fishing boats, observing the mitigation 

zone, and monitoring for equipment and 

personnel safety concerns. Due to small 

boat manning and space restrictions, a 

Lookout positioned on a small boat may 

include a member of the boat crew, and 

may be responsible for tasks in addition 

to observing the air or surface of the 

water (e.g., navigation of a rigid hull 

inflatable boat). However, a boat 

Lookout will, to the maximum extent 

practicable and consistent with safety 

and training requirements, comply with 

the observation objectives described 


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above for a Lookout positioned on the 

elevated causeway or the shore. 

Lookouts will also perform visual 

observation starting 30 minutes prior to, 

during, and 30 minutes after the 

exercise within a mitigation zone of 60 

yards (55 m) around the pile being 

driven. 

Integrated Comprehensive Monitoring 

Program 

The Navy will use the existing 

Integrated Comprehensive Monitoring 

Program (ICMP) and its new ‘‘studybased’’ approach to satisfy monitoring 

requirements for the JLOTS MMPA 

authorization. To ensure efficient 

implementation of the program and 

maintain consistency with how the 

program is currently being implemented 

for the Atlantic Fleet Training and 

Testing (AFTT) MMPA authorization, 

Navy recommends the same AFTT 

adaptive management process and 

reporting deadlines be used for the 

JLOTS authorization. 

The ICMP is intended to coordinate 

monitoring efforts across all regions 

where the Navy trains and tests and to 

allocate the most appropriate level and 

type of effort for each range complex 

(U.S. Department of the Navy 2010). 

Originally, the Navy monitoring 

program was composed of a collection 

of ‘‘range-specific’’ monitoring plans, 

each developed individually as part of 

Marine Mammal Protection Act and 

Endangered Species Act compliance 

processes as environmental 

documentation was completed. These 

individual plans established specific 

monitoring requirements for each range 

complex and were collectively intended 

to address the ICMP top-level goals. 

A 2010 Navy-sponsored monitoring 

meeting in Arlington, Virginia, initiated 

a process to critically evaluate the Navy 

monitoring plans and begin 

development of revisions and updates to 

both the region-specific plans as well as 

the ICMP. Discussions at that meeting as 

well as the following Navy and NMFS 

annual adaptive management meeting 

established a way ahead for continued 

refinement of the Navy’s monitoring 

program. This process included 

establishing a Scientific Advisory Group 

of leading marine mammal scientists 

with the initial task of developing 

recommendations that would serve as 

the basis for a Strategic Planning 

Process for Navy monitoring. The 

Strategic Plan is intended to be a 

primary component of the Integrated 

Comprehensive Monitoring Program 

and provide a ‘‘vision’’ for Navy 

monitoring across geographic regions— 

serving as guidance for determining 

how to most efficiently and effectively 

invest the marine species monitoring 

resources to address ICMP top-level 

goals and satisfy MMPA regulatory 

requirements. 

The objective of the Strategic 

Planning Process is to continue the 

evolution of Navy marine species 

monitoring towards a single integrated 

program, incorporating Scientific 

Advisory Group recommendations, and 

establishing a more transparent 

framework for soliciting, evaluation, 

and implementing monitoring work 

across the range complexes and testing 

ranges. The Strategic Planning Process 

must consider a range of factors in 

addition to the scientific 

recommendations including logistic, 

operational, and funding considerations 

and will be revised regularly as part of 

the annual adaptive management 

process. 

Past and Current Monitoring in the 

Navy JLOTS Training Areas 

NMFS has not issued regulations nor 

incidental take authorizations to the 

Navy concerning its JLOTS training on 

the Atlantic coast. Therefore, no past 

and current monitoring is available. 

Proposed Reporting 

In order to issue an ITA for an 

activity, section 101(a)(5)(A) of the 

MMPA states that NMFS must set forth 

‘‘requirements pertaining to the 

monitoring and reporting of such 

taking.’’ Effective reporting is critical 

both to compliance as well as ensuring 

that the most value is obtained from the 

required monitoring. Some of the 

reporting requirements are still in 

development and the final rule may 

contain additional details not contained 

in the proposed rule. Additionally, 

proposed reporting requirements may be 

modified, eliminated, or added based on 

information or comments received 

during the public comment period. 

Reports from individual monitoring 

events, results of analyses, publications, 

and periodic progress reports for 

specific monitoring projects will be 

posted to the U.S. Navy Marine Species 

Monitoring web portal as they become 

available. Currently, there are several 

specific reporting requirements 

pursuant to these proposed regulations: 

General Notification of Injured or Dead 

Marine Mammals 

Navy personnel would ensure that 

NMFS (regional stranding coordinator) 

is notified immediately (or as soon as 

clearance procedures allow) if an 

injured or dead marine mammal is 

found during or shortly after, and in the 

vicinity of, any Navy training exercise. 

The Navy would provide NMFS with 

species identification or description of 

the animal(s), the condition of the 

animal(s) (including carcass condition if 

the animal is dead), location, time of 

first discovery, observed behaviors (if 

alive), and photographs or video (if 

available). 

Annual Monitoring and Exercise Report 

As noted above, reports from 

individual monitoring events, results of 

analyses, publications, and periodic 

progress reports for specific monitoring 

projects would be posted to the Navy’s 

Marine Species Monitoring web portal 

as they become available. Progress and 

results from all monitoring activity 

conducted within the JLOTS training 

area would be summarized in an annual 

report. This report shall detail the 

monitoring protocol, summarize the 

data recorded during monitoring, and 

estimate the number of marine 

mammals that may have been harassed. 

Draft reports should be combined 

with the Navy’s Atlantic Fleet Training 

and Testing exercise and monitoring 

reports and submitted to NMFS for 

review by February 13 (for exercises) 

and April 1 (for monitoring) each year. 

NMFS would review the report and 

provide comments for incorporation 

within 3 months. 

Estimated Take of Marine Mammals 

In the potential effects section, NMFS’ 

analysis identified a variety of impacts 

that could potentially result from 

exposure to noise during the Navy’s 

JLOTS training activities. In this section, 

we will relate the potential effects to 

marine mammals from these sound 

sources to the MMPA regulatory 

definitions of Level A and Level B 

Harassment and attempt to quantify the 

effects that might occur from the 

specific training activities that the Navy 

proposes in the JLOTS training areas. 

Definition of Harassment 

As mentioned previously, with 

respect to military readiness activities, 

section 3(18)(B) of 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]. 

As discussed above, in-water pile 

removal and pile driving (vibratory and 


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impact) generate loud noises that could 

potentially harass marine mammals in 

the vicinity of the Navy’s proposed 

JLOTS training activities. 

Currently, NMFS uses 120 dB re 1 mPa 

and 160 dB re 1 mPa at the received 

levels for the onset of Level B 

harassment from non-impulse (vibratory 

pile driving and removal) and impulse 

sources (impact pile driving) 

underwater, respectively. Table 2 

summarizes the current NMFS marine 

mammal take criteria. 

TABLE 2—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER

Criterion Criterion definition Threshold 

Level A Harassment (Injury) .............................. Permanent Threshold Shift (PTS) (Any level 

above that which is known to cause TTS).

180 dB re 1 μPa (cetaceans) 190 dB re 1 μPa 

(pinnipeds) root mean square (rms). 

Level B Harassment .......................................... Behavioral Disruption (for impulse noises) ...... 160 dB re 1 μPa (rms). 

Level B Harassment .......................................... Behavioral Disruption (for non-impulse noise) 120 dB re 1 μPa (rms). 

Methods for Estimating Takes 

The methods for estimating the 

number and types of exposure are 

described in the sections below, 

followed by the method for quantifying 

exposures of marine mammals to 

sources of energy exceeding those 

threshold values. Exposure of each was 

determined by: 

• The potential of each species to be 

impacted by the acoustic sources as 

determined by acoustic criteria for marine 

mammals. 

• The potential presence of each species 

and their estimated density inside the range 

to effect. 

• The range to effect for impact installation 

and vibratory extraction (estimated by taking 

into account the source levels, propagation 

loss, and thresholds at which each acoustic 

criterion is met). 

Potential exposures were calculated 

by multiplying the density of each 

marine mammal species potentially 

present by the total impacted area for 

each threshold value, rounding the 

result to the closest integer, and then 

multiplying that result by the potential 

number of days of pile driving. 

Underwater Sound From Pile Driving 

Sound levels produced by pile driving 

are greatly influenced by factors 

including pile type, driving method, 

and the physical environment in which 

the activity takes place. A number of 

studies have examined sound pressure 

levels recorded from underwater pile 

driving projects in California and 

Washington, creating a large body of 

data for impact driving of steel pipe 

piles. 

To determine the most appropriate 

sound pressure levels for this project, 

data from studies which met the 

following parameters were considered: 

• Pile size and type: 24-inch diameter steel 

pipe piles 

• Installation and removal method: 

vibratory and/or impact hammer 

• Physical environment: water depth, 

sediment type 

Details of the physical characteristics 

of the waters and substrate off the 

proposed JLOTS locations were taken 

into consideration for determining the 

size of ensonified zones. Source levels 

were selected from NAVFAC Atlantic’s 

comprehensive dataset based on 

similarity to site conditions at JEB Little 

Creek-Fort Story (sand with shell debris 

sediments, average depth 1–5 meters), 

and Camp Lejeune (lower sedimentation 

with hard-bottom in some areas, depth 

around 7 meters), equipment (i.e., diesel 

hammer), and lack of conditions that 

might introduce extra noise into the 

measurements (e.g., riverine 

environments). Calculated averages of 

selected source levels used as proxies 

for modeling are summarized in Table 3. 

TABLE 3—SUMMARY OF SOURCE LEVELS

Method Location dB re 1 μPa rms 

Impact Installation .................................................................... JEB Little Creek-Fort Story ..................................................... 188 

Camp Lejeune ......................................................................... 189 

Vibratory Removal ................................................................... JEB Little Creek-Fort Story ..................................................... 160 

Camp Lejeune.

Take Zone Size Calculation 

Modeling sound propagation is useful 

in evaluating noise levels to determine 

distance from the pile driving activity 

that certain sound levels may travel. 

The decrease in acoustic intensity as a 

sound wave propagates outward from a 

source is known as transmission loss 

(TL). The formula for transmission loss 

is: 

TL = B * log10(R1/R2) + C * R1, 

Where 

B = logarithmic (predominantly spreading) 

loss 

C = linear (scattering and absorption) loss 

R1 = range from source in meters 

R2 = range from driven pile to original 

measurement location (generally 10 m 

for pile driving activities) 

The amount of linear loss (C) is 

proportional to the frequency of a 

sound. Due to the low frequencies of 

sound generated by impact and 

vibratory pile driving, this factor was 

assumed to be zero for all calculations 

in this assessment and transmission loss 

was calculated using only logarithmic 

spreading. Therefore, using practical 

spreading (B = 15), the revised formula 

for transmission loss is TL = 15 log10

(R1/10). 

The practical spreading loss model 

(TL =15 log10 (R1/10)) discussed above 

was used to calculate the underwater 

propagation of pile driving sound in and 

around the three proposed locations. A 

total of 30 days of pile driving were 

modeled for JEB Little Creek-Fort Story 

and Camp Lejeune; 20 days of impact 

driving, and 10 days of vibratory 

extraction. No noise mitigation methods 

(bubble curtains, cofferdams, etc.) are 

proposed and therefore no attenuation 

was included in the acoustic model. 

Impact driving of each pile is 

expected to last no more than 15 

minutes. Typically, 6 piles would be 

installed each day, for up to 20 days. 

Generally, two pile drivers are used, but 

not simultaneously: While one is 

installing a pile, the other is being 

repositioned for the next pile. For 


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vibratory extraction, the acoustic model 

assumed that 12 piles would be 

extracted each day, lasting 6 minutes 

each, over the course of 10 days. 

The range to effects (Table 4) for 

underwater noise is assumed to take a 

circular shape around the notional pile 

bring driven at the furthest offshore 

point of the ELCAS (M) (approximately 

1,500 ft. [457 m] from shore). Zones 

with radii larger than 1,500 ft. (457 m) 

will be truncated by the shoreline, and 

were modeled as semicircles extending 

to the west, north, and east in the case 

of JEB Little Creek-Fort Story; and north, 

east, and south at Camp Lejeune since 

the beaches at each of the locations 

would represent the boundary for 

underwater propagation. The calculated 

ranges assume no obstructions, and 

sounds will attenuate as they encounter 

land or other solid obstacles. As a result, 

the distances calculated may not 

actually be attained at the two 

installations. 

TABLE 4—CALCULATED RANGE TO EFFECTS AND ZONES OF INFLUENCE FOR MARINE MAMMALS DURING PILE DRIVING

Driving method Threshold 

Range Area 

JEB Little CreekFort Story Camp Lejeune JEB Little CreekFort Story Camp Lejeune 

Impact Pile Drive ........... Injury: 180 dB re 1 μPa 

rms.

37 yds (34 m) .............. 44 yds (40 m) .............. 0.001 mi2

(0.0037 km2) 

0.002 mi2

(0.005 km2) 

Behavioral: 160 dB re 1 

μPa rms.

805 yds (736 m) .......... 938 yds (858 m) .......... 0.328 mi2

(0.85 km2) 

0.446 mi2

(1.156 km2) 

Vibratory Pile Removal Injury: 180 dB re 1 μPa 

rms.

n/a n/a 

Behavioral: 120 dB re 1 

μPa rms.

5,077 yds (4,642 m) 13.07 mi2 (33.84 km2) 

Note: All sound levels expressed in dB re 1 μPA rms; dB = decibel; rms = root mean square; m = meter; mi2 = square mile; km2 = square kilometer; behavioral zones of influence are semi-circles based on notional distance from shore of the pile being driven; injury zones of influence 

are circular since they will not extend to and therefore be attenuated by land. 

Take Number Requested 

Based on the size of the areas in 

which pile driving and extraction may 

exceed established thresholds, the Navy 

applied estimated densities for the 

bottlenose dolphin and Atlantic spotted 

dolphin and the number of active pile 

driving days. The result shows that 

approximately 110 bottlenose dolphins 

and 50 Atlantic spotted dolphins could 

be taken by Level B behavioral 

harassment annually, with a total of 550 

bottlenose dolphins and 250 Atlantic 

spotted dolphins taken by Level B 

behavioral harassment during the fiveyear period of the rule (Table 5). The 

annual percentage of takes of these 

species/stock is less than 6% of the 

population. 

TABLE 5—SPECIES-SPECIFIC LEVEL A AND LEVEL B INCIDENTAL TAKES FOR JLOTS TRAINING ACTIVITIES

Species Stock Annual Percent of 

population 

Total 

(5 years) 

Bottlenose dolphin .......................................... Northern North Carolina Estuarine System ... 50 5.26 250 

Southern North Carolina Estuarine System ... 60 2.44 300 

Atlantic spotted dolphin ................................... Western North Atlantic ................................... 50 0.18 250

Analysis and Preliminary 

Determinations 

Negligible Impact 

Negligible impact is ‘‘an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival’’ 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

recruitment or survival (i.e., populationlevel effects). An estimate of the number 

of Level B harassment takes, alone, is 

not enough information on which to 

base an impact determination. In 

addition to considering estimates of the 

number of marine mammals that might 

be ‘‘taken’’ through behavioral 

harassment, NMFS must consider other 

factors, such as the likely nature of any 

responses (their intensity, duration, 

etc.), the context of any responses 

(critical reproductive time or location, 

migration, etc.), as well as the number 

and nature of estimated Level A 

harassment takes, the number of 

estimated mortalities, and effects on 

habitat. 

The Navy’s proposed JLOTS training 

activity would involve pile driving and 

removal activities during the training 

exercise. Elevated noise levels are 

expected to be generated as a result of 

these activities. However, the source 

levels generated by the pile driving and 

removal activities are expected be low 

due to the low-power hammer being 

used. In addition, given the standard 

operating procedure of soft starts and 

required mitigation and monitoring 

such as shutdown measures when 

marine mammals are sighted 

approaching the mitigation zone, no 

injuries or mortalities are anticipated to 

occur as a result of the Navy’s proposed 

JLOTS training activities, and none are 

proposed to be authorized. In addition, 

as described above, marine mammals in 

the area would not be exposed to 

activities or sound levels which would 

result in hearing impairment (TTS or 

PTS) or non-auditory physiological 

effects. 

In-water construction activities would 

occur in nearshore shallow waters at the 

JEB Little Creek-Fort Story in Virginia 

and at Camp Lejeune in North Carolina. 

The proposed training areas are not 

considered significant habitat for marine 

mammals. Marine mammals 

approaching the action area would 

likely be traveling or opportunistically 

foraging. There are no rookeries or major 


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haul-out sites nearby, foraging hotspots, 

or other ocean bottom structure of 

significant biological importance to 

marine mammals that may be present in 

the marine waters in the vicinity of the 

training areas. The proposed training 

areas are not prime habitats for marine 

mammals, nor are they considered areas 

frequented by marine mammals. 

Therefore, behavioral disturbances that 

could result from anthropogenic noise 

associated with the JLOTS training 

activities are expected to affect only a 

small number of marine mammals on an 

infrequent basis. Although it is possible 

that some individual marine mammals 

may be exposed to sounds from in-water 

pile driving activities more than once, 

the duration of these multi-exposures is 

expected to be low since animals would 

be constantly moving in and out of the 

area and in-water pile driving activities 

would not occur continuously 

throughout the day. 

Marine mammals may be temporarily 

impacted by noise from pile driving and 

pile removal activities. These low 

intensity, localized, and short-term 

noise exposures may cause brief startle 

reactions or short-term behavioral 

modifications by the animals. These 

reactions and behavioral changes are 

expected to subside quickly when the 

exposures cease. Moreover, marine 

mammals are expected to avoid the area 

during in-water construction because 

animals generally move away from 

active sound sources, thereby reducing 

exposure and impacts. In addition, 

through soft starts, a standard operating 

procedure, marine mammals are 

expected to move away from a sound 

source that is annoying prior to its 

becoming potentially injurious, and 

detection of marine mammals by 

lookouts would enable the 

implementation of shutdowns to avoid 

injury, serious injury, or mortality. Inwater pile driving and pile removal are 

expected to occur for about 20 days and 

10 days total annually at each location, 

respectively. Repeated exposures of 

individuals to levels of sound that may 

cause Level B harassment are unlikely 

to result in hearing impairment or to 

significantly disrupt foraging behavior. 

Thus, even repeated Level B harassment 

of some small subset of an overall stock 

is unlikely to result in any significant 

realized decrease in fitness to those 

individuals, and thus would not result 

in any adverse impact to the stock as a 

whole. Level B harassment will be 

reduced to the level of least practicable 

impact through use of mitigation 

measures described herein and, if sound 

produced by project activities is 

sufficiently disturbing, animals are 

likely to simply avoid the project area 

while the activity is occurring. 

Based on the application and 

subsequent analysis, the impact of the 

described in-water pile driving activities 

may result in, at most, short-term 

modification of behavior by small 

numbers of marine mammals within the 

action area. No injury, serious injury, or 

mortality is expected to occur and due 

to the nature, degree, and context of the 

Level B harassment anticipated, the 

activity is not expected to impact rates 

of recruitment or survival. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

proposed monitoring and mitigation 

measures, NMFS finds preliminarily 

that the total marine mammal take from 

the Navy’s JLOTS training activity will 

have a negligible impact on the affected 

marine mammal species or stocks. 

Endangered Species Act (ESA) 

No species listed under the ESA are 

expected to be affected by these 

activities. Therefore, NMFS has 

determined that a section 7 consultation 

under the ESA is not required. 

NEPA 

NMFS has participated as a 

cooperating agency on the JLOTS draft 

EA, which is scheduled to be published 

on January 6, 2015. The JLOTS draft EA 

will be posted on NMFS’ Web site: 

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

incidental.htm#applications. NMFS 

intends to adopt the Navy’s EA, if 

adequate and appropriate. Currently, we 

believe that the adoption of the Navy’s 

EA will allow NMFS to meet its 

responsibilities under NEPA for the 

issuance of regulations and a five-year 

LOA for JLOTS training activities. If the 

Navy’s JLOTS EA is deemed inadequate, 

NMFS would supplement the existing 

analysis to ensure that we comply with 

NEPA prior to the issuance of the final 

rule or LOA. 

Classification 

The Office of Management and Budget 

has determined that this proposed rule 

is not significant for purposes of 

Executive Order 12866. 

Pursuant to the Regulatory Flexibility 

Act (RFA), the Chief Counsel for 

Regulation of the Department of 

Commerce has certified to the Chief 

Counsel for Advocacy of the Small 

Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The RFA requires federal agencies to 

prepare an analysis of a rule’s impact on 

small entities whenever the agency is 

required to publish a notice of proposed 

rulemaking. However, a federal agency 

may certify, pursuant to 5 U.S.C. 605(b), 

that the action will not have a 

significant economic impact on a 

substantial number of small entities. 

The Navy, a federal agency, is the sole 

entity that will be affected by this 

rulemaking. It is not a small 

governmental jurisdiction, small 

organization, or small business, as 

defined by the RFA. Any requirements 

imposed by an LOA issued pursuant to 

these regulations, and any monitoring or 

reporting requirements imposed by 

these regulations, would be applicable 

only to the Navy. NMFS does not expect 

the issuance of these regulations or the 

associated five-year LOA to result in any 

impacts to small entities pursuant to the 

RFA. Because this action, if adopted, 

would only directly affect the Navy, 

NMFS concludes the action would not 

result in a significant economic impact 

on a substantial number of small 

entities. 

List of Subjects in 50 CFR Part 218 

Exports, Fish, Imports, Incidental 

take, Indians, Labeling, Marine 

mammals, Navy, Penalties, Reporting 

and recordkeeping requirements, 

Seafood, Sonar, Transportation. 

Dated: December 23, 2014. 

Eileen Sobeck, 

Assistant Administrator for Fisheries. 

For reasons set forth in the preamble, 

50 CFR part 218 is proposed to be 

amended as follows: 

PART 218—REGULATIONS 

GOVERNING THE TAKING AND 

IMPORTING OF MARINE MAMMALS 

■ 1. The authority citation for part 218 

continues to read as follows: 

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

■ 2. Subpart B is added to part 218 to 

read as follows: 

Subpart B—Takes of Marine Mammals 

Incidental to Specified Activities; U.S. Navy 

Joint Logistics Over-the-Shore (JLOTS) 

Training Activities in Virginia and North 

Carolina 

Sec. 

218.10 Specified activity and specified 

geographical region. 

218.11 Effective dates and definitions. 

218.12 Permissible methods of taking. 

218.13 Prohibitions. 

218.14 Standard operating procedure and 

mitigation measures. 

218.15 Requirements for monitoring and 

reporting. 

218.16 Applications for Letters of 

Authorization. 

218.17 Letters of Authorization. 


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218.18 Renewal of Letters of Authorization 

and Adaptive Management. 

218.19 Modifications to Letters of 

Authorization. 

Subpart B—Takes of Marine Mammals 

Incidental to Specified Activities; U.S. 

Navy Joint Logistics Over-the-Shore 

(JLOTS) Training Activities in Virginia 

and North Carolina 

§ 218.10 Specified activity and specified 

geographical region. 

(a) Regulations in this subpart apply 

only to the U.S. Navy for the taking of 

marine mammals that occurs in the area 

outlined in paragraph (b) of this section 

and that occurs incidental to the 

activities described in paragraph (c) of 

this section. 

(b) The taking of marine mammals by 

the Navy is only authorized if it occurs 

within the JLOTS training areas, which 

is in nearshore shallow waters at the 

Joint Expeditionary Base (JEB) Little 

Creek-Fort Story in Virginia and at 

Camp Lejeune in North Carolina. 

(c) The taking of marine mammals by 

the Navy is only authorized if it occurs 

incidental to the JLOTS training 

activities in the activity areas any time 

of year, but no more than once annually 

at JEB Little Creek-Fort Story, and once 

annually at Camp Lejeune. 

§ 218.11 Effective dates and definitions. 

(a) Regulations are effective [DATE OF 

FILING for public inspection of the final 

rule with the Office of the Federal 

Register], through [DATE FIVE YEARS 

AFTER DATE OF FILING for public 

inspection of the final rule with the 

Office of the Federal Register]. 

§ 218.12 Permissible methods of taking. 

(a) Under Letters of Authorization 

(LOAs) issued pursuant to § 218.17, the 

Holder of the Letter of Authorization 

may incidentally, but not intentionally, 

take marine mammals within the area 

described in § 218.10, provided the 

activity is in compliance with all terms, 

conditions, and requirements of these 

regulations and the appropriate LOA. 

(b) The activities identified in 

§ 218.10(c) must be conducted in a 

manner that minimizes, to the greatest 

extent practicable, any adverse impacts 

on marine mammals and their habitat. 

(c) The incidental take of marine 

mammals under the activities identified 

in § 218.10(c) is limited to JLOTS 

training activities, by Level B behavioral 

harassment: 

(1) Bottlenose dolphin (Tursiops 

truncatus)/Northern North Carolina 

Estuarine System: 250 (50 per year); 

(2) Bottlenose dolphin (Tursiops 

truncatus)/Southern North Carolina 

Estuarine System: 300 (60 per year); and 

(3) Atlantic spotted dolphin (Stenella 

frontalis)/Western North Atlantic: 250 

(50 per year). 

§ 218.13 Prohibitions. 

Notwithstanding takings 

contemplated in § 218.12 and 

authorized by an LOA issued under 

§§ 216.106 of this chapter and § 218.17, 

no person in connection with the 

activities described in § 218.10 may: 

(a) Take any marine mammal not 

specified in § 218.12(c); 

(b) Take any marine mammal 

specified in § 218.12(c) other than by 

incidental take as specified in 

§ 218.12(c); 

(c) Take a marine mammal specified 

in § 218.12(c) if such taking results in 

more than a negligible impact on the 

species or stocks of such marine 

mammal; or 

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

terms, conditions, and requirements of 

these regulations or an LOA issued 

under §§ 216.106 of this chapter and 

218.17. 

§ 218.14 Standard operating procedure 

and mitigation measures. 

(a) When conducting training and 

testing activities, as identified in 

§ 218.10, the mitigation measures 

contained in the LOA issued under 

§§ 216.106 of this chapter and 218.17 

must be implemented. These mitigation 

measures include, but are not limited to: 

(1) Establishing mitigation zone. (i) A 

mitigation zone of 60 yards (55 m) 

around the pile being driven shall be 

established. 

(ii) Visual observation will be 

conducted starting 30 minutes prior to, 

during, and 30 minutes after the ELCAS 

(M) exercise within the mitigation zone. 

The exercise will not commence if 

concentrations of floating vegetation 

(Sargassum or kelp patties) are observed 

in the mitigation zone. 

(2) Soft starts. (i) Soft starts, or 

gradually ramping up the power of pile 

driving hammer, shall be performed 

during impact installation each day. 

(ii) During a soft start, an initial set of 

strikes from the impact hammer at 

reduced energy are performed before it 

is able to be operated at full power and 

speed. 

(3) Shutdown measures. (i) Pile 

driving shall cease if a marine mammal 

is visually detected within or 

approaching the mitigation zone. 

(ii) Pile driving may re-commence if 

any one of the following conditions is 

met: 

(A) The animal is observed exiting the 

mitigation zone, 

(B) The animal is thought to have 

exited the mitigation zone based on its 

course and speed, or 

(C) The mitigation zone has been clear 

from any additional sightings for a 

period of 30 minutes. 

(b) Marine species awareness training. 

(1) All personnel standing watch on the 

bridge, Commanding Officers, Executive 

Officers, and Lookouts shall 

successfully complete the Marine 

Species Awareness Training prior to 

standing watch or serving as a Lookout. 

(2) The Marine Species Awareness 

Training shall be designed to improve 

the effectiveness of visual observations 

for marine resources, including marine 

mammals. 

(3) The training shall provide 

information on sighting cues, visual 

observation tools and techniques, and 

sighting notification procedures. 

(c) Vessels. Vessels shall avoid 

approaching marine mammals head on 

and shall maneuver to maintain a 

mitigation zone of 500 yards (457 m) 

around observed whales and 200 yards 

(183 m) around all other marine 

mammals (except bow riding dolphins), 

providing it is safe to do so. 

(d) North Atlantic Right Whale MidAtlantic Migration Corridor. When 

transiting within the following North 

Atlantic right whale Mid-Atlantic 

migration corridor defined below 

between November 1 and April 30, the 

Navy shall practice increased vigilance, 

exercise extreme caution, and proceed 

at the slowest speed that is consistent 

with safety, mission, and training 

objectives: 

(1) Block Island Sound: The area 

bounded by 40°51′53.7′′ N/070°36′44.9′′ 

W; 41°20′14.1′′ N/070°49′44.1′′ W; 

41°4′16.7′′ N/071°51′21′′ W; 41°35′56.5′′ 

N/071°38′26.1′′ W; then back to first set 

of coordinates. 

(2) New York and New Jersey: Within 

a 20 nm radius of the following (as 

measured seaward from the COLREGS 

lines): 40°29′42.2′′ N/073°55′57.6′′ W. 

(3) Delaware Bay: Within a 20 nm 

radius of the following (as measured 

seaward from the COLREGS lines): 

38°52′27.4′′ North/075°01′32.1′′ West. 

(4) Chesapeake Bay: Within a 20 nm 

radius of the following (as measured 

seaward from the COLREGS lines): 

37°00′36.9′′ North/075°57′50.5′′ West. 

(5) Morehead City, North Carolina: 

Within a 20 nm radius of the following 

(as measured seaward from the 

COLREGS lines): 34°41′32.0′′ North/

076°40′08.3′′ West. 

(6) Wilmington, North Carolina, 

through South Carolina, and to 

Brunswick, Georgia: Within a 

continuous area 20 nautical miles from 

shore and west back to shore bounded 

by 34°10′30′′ North/077°49′12′′ West; 

33°56′42′′ North/077°31′30′′ West; 

33°36′30′′ North/077°47′06′′ West; 


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33°28′24′′ North/078°32′30′′ West; 

32°59′06′′ North/078°50′18′′ West; 

31°50′00′′ North/080°33′12′′ West; 

31°27′00′′ North/080°51′36′′ West. 

§ 218.15 Requirements for monitoring and 

reporting. 

(a) Monitoring measures—(1) 

Standard watch personnel. (i) Ships 

operated by or for the Navy shall have 

personnel assigned to stand watch at all 

times, day and night, when moving 

through the water (underway). 

(ii) Watch personnel shall undertake 

extensive training in accordance with 

the U.S. Navy Lookout Training 

Handbook or civilian equivalent, 

including on-the-job instruction and a 

formal Personal Qualification Standard 

program (or equivalent program for 

supporting contractors or civilians), to 

certify that they have demonstrated all 

necessary skills (such as detection and 

reporting of floating or partially 

submerged objects). 

(iii) While on watch, watch personnel 

shall employ visual search techniques, 

including the use of binoculars, using a 

scanning method in accordance with the 

U.S. Navy Lookout Training Handbook 

or civilian equivalent. 

(iv) After sunset and prior to sunrise, 

watch personnel shall employ night 

visual search techniques, which could 

include the use of night vision devices. 

(v) A primary duty of watch personnel 

is to detect and report all objects and 

disturbances sighted in the water that 

may be indicative of a threat to the ship 

and its crew, such as debris, a 

periscope, surfaced submarine, or 

surface disturbance. 

(vi) Per safety requirements, watch 

personnel also report any marine 

mammals sighted that have the potential 

to be in the direct path of the ship as 

a standard collision avoidance 

procedure. Because watch personnel are 

primarily posted for safety of 

navigation, range clearance, and manoverboard precautions, they are not 

normally posted while ships are moored 

to a pier. 

(vii) When anchored or moored to a 

buoy, a watch team is still maintained 

but with fewer personnel than when 

underway. 

(viii) When moored or at anchor, 

watch personnel may maintain security 

and safety of the ship by scanning the 

water for any indications of a threat. 

(ix) While underway, Navy ships 

(with the exception of submarines) 

greater than 65 ft. (20 m) in length have 

at least two watch personnel; Navy 

ships less than 65 ft. (20 m) in length, 

surfaced submarines, and contractor 

ships have at least one watch person. 

While underway, watch personnel are 

alert at all times and have access to 

binoculars. Due to limited manning and 

space limitations, small boats and some 

craft transferring cargo from ship to 

shore do not have dedicated watch 

personnel, and the boat crew is 

responsible for maintaining the safety of 

the boat and surrounding environment. 

(x) All vessels use extreme caution 

and proceed at a ‘‘safe speed’’ so they 

can take proper and effective action to 

avoid a collision with any sighted object 

or disturbance and can be stopped 

within a distance appropriate to the 

prevailing circumstances and 

conditions. 

(2) Lookouts. (i) Lookouts shall 

perform similar duties to standard 

watch personnel, and are also 

responsible for satisfying mitigation 

requirements. 

(ii) The Navy will have one Lookout 

positioned on the platform (which could 

include a small boat, the elevated 

causeway, or the shore) that will 

maximize the potential for sightings 

during pile driving and pile removal. 

(iii) The Lookout positioned on the 

elevated causeway or the shore shall be 

dedicated solely to diligent observation 

of the air and surface of the water. They 

shall have multiple observation 

objectives, which include but are not 

limited to detecting the presence of 

biological resources and recreational or 

fishing boats, observing the mitigation 

zone, and monitoring for equipment and 

personnel safety concerns. 

(iv) A Lookout positioned on a small 

boat may include a member of the boat 

crew, and may be responsible for tasks 

in addition to observing the air or 

surface of the water (e.g., navigation of 

a rigid hull inflatable boat). However, a 

boat Lookout shall, to the maximum 

extent practicable and consistent with 

safety and training requirements, 

comply with the observation objectives 

described above for a Lookout 

positioned on the elevated causeway or 

the shore. 

(v) Lookouts shall also perform visual 

observation starting 30 minutes prior to, 

during, and 30 minutes after the 

exercise within a mitigation zone of 60 

yards (55 m) around the pile being 

driven. 

(3) Integrated comprehensive 

monitoring program. (i) The Navy shall 

use the existing Integrated 

Comprehensive Monitoring Program 

(ICMP) and its new ‘‘study-based’’ 

approach to satisfy monitoring 

requirements for the JLOTS MMPA 

authorization. 

(b) Reporting measures—(1) General 

notification of injured or dead marine 

mammals. (i) Navy personnel would 

ensure that NMFS (regional stranding 

coordinator) is notified immediately (or 

as soon as clearance procedures allow) 

if an injured or dead marine mammal is 

found during or shortly after, and in the 

vicinity of, any Navy training exercise. 

(ii) The Navy shall provide NMFS 

with species identification or 

description of the animal(s), the 

condition of the animal(s) (including 

carcass condition if the animal is dead), 

location, time of first discovery, 

observed behaviors (if alive), and 

photographs or video (if available). 

(2) Annual monitoring and exercise 

report. (i) Reports from individual 

monitoring events, results of analyses, 

publications, and periodic progress 

reports for specific monitoring projects 

would be posted to the Navy’s Marine 

Species Monitoring web portal as they 

become available. 

(ii) Progress and results from all 

monitoring activity conducted within 

the JLOTS training area shall be 

summarized in an annual report. This 

report shall detail the monitoring 

protocol, summarize the data recorded 

during monitoring, and estimate the 

number of marine mammals that may 

have been harassed. 

(iii) Draft reports should be combined 

with the Navy’s Atlantic Fleet Training 

and Testing exercise and monitoring 

reports and submitted to NMFS for 

review by February 13 (for exercises) 

and April 1 (for monitoring) each year. 

NMFS would review the report and 

provide comments for incorporation 

within 3 months. 

§ 218.16 Applications for Letters of 

Authorization. 

To incidentally take marine mammals 

pursuant to the regulations in this 

subpart, the U.S. citizen (as defined by 

§ 216.106 of this chapter) conducting 

the activity identified in § 218.10(c) (the 

U.S. Navy) must apply for and obtain 

either an initial LOA in accordance with 

§ 218.17 or a renewal under § 218.18. 

§ 218.17 Letters of Authorization. 

(a) An LOA, unless suspended or 

revoked, will be valid for a period of 

time not to exceed the period of validity 

of this subpart. 

(b) Each LOA will set forth: 

(1) Permissible methods of incidental 

taking; 

(2) Means of effecting the least 

practicable adverse impact on the 

species, its habitat, and on the 

availability of the species for 

subsistence uses (i.e., mitigation); and 

(3) Requirements for mitigation, 

monitoring and reporting. 

(c) Issuance and renewal of the LOA 

will be based on a determination that 

the total number of marine mammals 


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taken by the activity as a whole will 

have no more than a negligible impact 

on the affected species or stock of 

marine mammal(s). 

§ 218.18 Renewal of Letters of 

Authorization. 

(a) A Letter of Authorization issued 

under §§ 216.106 of this chapter and 

218.17 for the activity identified in 

§ 218.10(c) will be renewed based upon: 

(1) Notification to NMFS that the 

activity described in the application 

submitted under § 218.18 will be 

undertaken and that there will not be a 

substantial modification to the 

described work, mitigation, or 

monitoring undertaken during the 

upcoming period of validity; 

(2) Timely receipt (by the dates 

indicated in these regulations) of the 

monitoring reports required under 

§ 218.15(b); and 

(3) A determination by the NMFS that 

the mitigation, monitoring, and 

reporting measures required under 

§ 218.14 and the LOA issued under 

§§ 216.106 of this chapter and 218.17, 

were undertaken and will be undertaken 

during the upcoming period of validity 

of a renewed Letter of Authorization. 

(b) If a request for a renewal of an 

LOA issued under this § 216.106 of this 

chapter and § 218.17 indicates that a 

substantial modification, as determined 

by NMFS, to the described work, 

mitigation or monitoring undertaken 

during the upcoming season will occur, 

NMFS will provide the public a period 

of 30 days for review and comment on 

the request. Review and comment on 

renewals of LOAs are restricted to: 

(1) New cited information and data 

indicating that the determinations made 

in this document are in need of 

reconsideration; and 

(2) Proposed changes to the mitigation 

and monitoring requirements contained 

in these regulations or in the current 

LOA. 

(c) A notice of issuance or denial of 

an LOA renewal will be published in 

the Federal Register. 

(d) NMFS, in response to new 

information and in consultation with 

the Navy, may modify the mitigation or 

monitoring measures in subsequent 

LOAs if doing so creates a reasonable 

likelihood of more effectively 

accomplishing the goals of mitigation 

and monitoring. Below are some of the 

possible sources of new data that could 

contribute to the decision to modify the 

mitigation or monitoring measures: 

(1) Results from the Navy’s 

monitoring from the previous year 

(either from the JLOTS training areas or 

other locations). 

(2) Compiled results of Navy-funded 

research and development (R&D) studies 

(presented pursuant to the ICMP 

(§ 218.15(d)). 

(3) Results from specific stranding 

investigations (either from the JLOTS 

training areas or other locations, and 

involving coincident mid- or highfrequency active sonar or explosives 

training or not involving coincident 

use). 

(4) Results from the Long Term 

Prospective Study. 

(5) Results from general marine 

mammal and sound research (funded by 

the Navy (or otherwise). 

§ 218.19 Modifications to Letters of 

Authorization. 

(a) Except as provided in paragraph 

(b) of this section, no substantive 

modification (including withdrawal or 

suspension) to the LOA by NMFS, 

issued pursuant to §§ 216.106 of this 

chapter and 218.17 and subject to the 

provisions of this subpart shall be made 

until after notification and an 

opportunity for public comment has 

been provided. For purposes of this 

paragraph, a renewal of an LOA under 

§ 218.18, without modification (except 

for the period of validity), is not 

considered a substantive modification. 

(b) If the Assistant Administrator 

determines that an emergency exists 

that poses a significant risk to the wellbeing of the species or stocks of marine 

mammals specified in § 218.12(c), an 

LOA issued pursuant to §§ 216.106 of 

this chapter and 218.17 may be 

substantively modified without prior 

notification and an opportunity for 

public comment. Notification will be 

published in the Federal Register 

within 30 days subsequent to the action. 

[FR Doc. 2015–00558 Filed 1–16–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 100825390–5012–02] 

RIN 0648–BA17 

Atlantic Highly Migratory Species; 

Large Coastal and Small Coastal 

Atlantic Shark Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

implement Draft Amendment 6 to the 

2006 Consolidated Highly Migratory 

Species (HMS) Fishery Management 

Plan (FMP). Management measures in 

this proposed rulemaking are designed 

to respond to the problems facing 

Atlantic commercial shark fisheries, 

such as commercial landings that 

exceed the quotas, declining numbers of 

fishing permits since limited access was 

implemented, complex regulations, 

derby fishing conditions due to small 

quotas and short seasons, increasing 

numbers of regulatory discards, and 

declining market prices. The primary 

goal of Amendment 6 to the 2006 

Consolidated HMS FMP (Amendment 6) 

is to implement management measures 

for the Atlantic shark fisheries that will 

achieve the objectives of increasing 

management flexibility to adapt to the 

changing needs of the Atlantic shark 

fisheries, and achieve optimum yield 

while rebuilding overfished shark stocks 

and ending overfishing. Specifically, 

this action proposes: Adjusting the large 

coastal sharks (LCS) retention limit for 

shark directed Limited Access Permit 

(LAP) holders; creating sub-regional 

quotas in the Atlantic and Gulf of 

Mexico regions for LCS and small 

coastal sharks (SCS); modifying the LCS 

and SCS quota linkages; establishing 

total allowable catches (TACs) and 

adjusting quotas for non-blacknose SCS 

in the Atlantic and Gulf of Mexico 

regions based on the results of the 2013 

stock assessments for Atlantic 

sharpnose and bonnethead sharks; and 

modifying upgrading restrictions for 

shark permit holders. The proposed 

measures could affect commercial shark 

fishermen fishing in the Atlantic Ocean 

including the Gulf of Mexico and 

Caribbean Sea. 

DATES: Written comments must be 

received on or before April 3, 2015. 

NMFS will hold 4 public hearings on 

Draft Amendment 6 and this 

implementing proposed rule on 

February 17, February 18, February 23, 

and February 26, 2015. NMFS will also 

hold an operator-assisted public hearing 

via conference call and webinar for this 

proposed rule on March 25, 2015, from 

2 p.m. to 4 p.m. For specific locations, 

dates and times see the SUPPLEMENTARY

INFORMATION section of this document. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2010–0188, by any one of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2010- 


rljohnson on DSK3VPTVN1PROD with PROPOSALS