Federal Register, Volume 76 Issue 195 (Friday, October 7, 2011)

[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62378-62387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26018]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA471

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Conducting Air-to-Surface Gunnery
Missions in the Gulf of Mexico

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to the U.S. Air Force (USAF),
Eglin Air Force Base (Eglin AFB), to take marine mammals, by
harassment, incidental to conducting air-to-surface (A-S) gunnery
missions in the Gulf of Mexico (GOM). The USAF's activities are
considered military readiness activities.

DATES: Effective September 26, 2011, through September 25, 2012.

ADDRESSES: A copy of the authorization, the application containing a
list of the references used in this document, and NMFS' 2008
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) may be obtained by writing to Michael Payne, Chief, Permits,
Conservation and Education Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910-3225, telephoning the contact listed below (see FOR
FURTHER INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this
notice may also be viewed, by appointment, during regular business
hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Brian D. Hopper or Candace Nachman,
Office of Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of 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.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the U.S. can apply for an authorization to
incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of
an application followed by a 30-day public notice and comment period on
any proposed authorizations for the incidental harassment of marine
mammals. Within 45 days of the close of the comment period, NMFS must
either issue or deny the authorization.
The National Defense Authorization Act (NDAA) (Pub. L. 108-136)
removed the ``small numbers'' and ``specified geographical region''
provisions and amended the definition of ``harassment'' as it applies
to a ``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

NMFS originally received an application on February 13, 2003, from
Eglin AFB for the taking, by harassment, of marine mammals incidental
to programmatic mission activities within the Eglin Gulf Test and
Training Range (EGTTR). The EGTTR is described as the airspace over the
GOM that is controlled by Eglin AFB. A notice of receipt of Eglin AFB's
application and Notice of Proposed IHA and request for 30-day public
comment published on January 23, 2006 (71 FR 3474). A 1-year IHA was
subsequently issued to Eglin AFB for this activity on May 3, 2006 (71
FR 27695, May 12, 2006).
On January 29, 2007, NMFS received a request from Eglin AFB for a
renewal of its 2006-2007 IHA, which expired on May 2, 2007. This
application addendum requested revisions to three components of the IHA
requirements: protected species surveys; ramp-up

[[Page 62379]]

procedures; and sea state restrictions. A Notice of Proposed IHA and
request for 30-day public comment published on May 30, 2007 (72 FR
29974). A 1-year IHA was subsequently issued to Eglin AFB for this
activity on December 11, 2008 (73 FR 78318, December 22, 2008).
On February 17, 2009, NMFS received a request from Eglin AFB for a
renewal of its 2008-2009 IHA, which expired on December 10, 2009. No
modifications to the activity location, the mission activities, or the
mitigation and monitoring measures required under the 2008-2009 IHA
were requested by Eglin AFB at that time. A notice of proposed IHA with
a 30-day public comment period published on October 19, 2009 (74 FR
53474). A 1-year IHA was subsequently issued to Eglin AFB for this
activity on January 27, 2010 (75 FR 5045, February 1, 2010), which
expired on January 26, 2011.
On May 16, 2011, NMFS received a request from Eglin AFB for a
renewal of its IHA, which expired on January 26, 2011. The IHA
application NMFS received on May 16, 2011, is the one considered by
NMFS for the current request. Eglin AFB has not had coverage for these
activities since the expiration of the IHA on January 16, 2011;
however, Eglin AFB has not conducted these activities during the period
without MMPA coverage and has waited to resume these training missions
until a new MMPA authorization could be issued by NMFS.
A-S gunnery operations may potentially impact marine mammals at or
near the water surface. Marine mammals could potentially be harassed,
injured, or killed by exploding and non-exploding projectiles, and
falling debris (USAF, 2002). However, based on analyses provided in the
USAF's 2002 Final Programmatic EA (PEA), Eglin's Supplemental
Information Request (2003), and NMFS' 2008 EA, as well as for reasons
discussed in the Notice of Proposed IHA (76 FR 43267, July 20, 2011)
and later in this document, NMFS concurs with Eglin AFB that gunnery
exercises are not likely to result in any injury or mortality to marine
mammals. Potential impacts resulting from A-S test operations include
direct physical impacts (DPI) resulting from ordnance. Six marine
mammal species or stocks are authorized for taking by Level B
harassment incidental to Eglin AFB's A-S activities and include: dwarf
sperm whale (Kogia simus); pygmy sperm whale (K. breviceps); Atlantic
bottlenose dolphin (Tursiops truncatus); Atlantic spotted dolphin
(Stenella frontalis); pantropical spotted dolphin (S. attenuata); and
spinner dolphin (S. longirostris).

Description of the Specified Activity

A-S gunnery missions, a ``military readiness activity'' as defined
under 16 U.S.C. 703 note, involve surface impacts of projectiles and
small underwater detonations with the potential to affect cetaceans
that may occur within the EGTTR. These missions typically involve the
use of 25-mm (0.98-in), 40-mm (1.57-in), and 105-mm (4.13-in) gunnery
rounds containing, 0.0662 lb (30 g), 0.865 lb (392 g), and 4.7 lbs (2.1
kg) of explosive, respectively. Live rounds must be used to produce a
visible surface splash that must be used to ``score'' the round (the
impact of inert rounds on the sea surface would not be detected). The
USAF has developed a 105-mm training round (TR) that contains less than
10 percent of the amount of explosive material (0.35 lb; 0.16 kg) as
compared to the ``Full-Up'' (FU) 105-mm (4.13 in) round. The TR was
developed as one method to mitigate effects on marine life during
nighttime A-S gunnery exercises when visibility at the water surface is
poor. However, the TR cannot be used in the daytime since the amount of
explosive material is insufficient to be detected from the aircraft.
Water ranges within the EGTTR that are typically used for the
gunnery operations are located in the GOM offshore from the Florida
Panhandle (areas W-151A, W-151B, W-151C, and W-151D as shown in Figure
1-2 in Eglin's 2011 application). Data indicate that W-151A (Figure 1-3
in Eglin's application) is the most frequently used water range due to
its proximity to Hurlburt Field, but activities may occur anywhere
within the EGTTR.
Eglin AFB proposes to conduct these mission activities year round
during both daytime and nighttime hours. Therefore, NMFS has made the
IHA effective for an entire year from September 26, 2011, through
September 25, 2012. However, it should be noted that the level of
activity has been far lower over the past few years than that predicted
to be conducted by the USAF and by NMFS in this document for two
reasons. First, many of the training crew members have been engaged in
other activities in other parts of the world recently. Second, land
ranges are the preferred method of live-fire training. Under the
previous IHA, the USAF crews did not use the water ranges due to the
excellent availability of land ranges. However, if at some point in the
future land ranges may become more difficult to acquire, water ranges
are needed to ensure that aircrews can be fully trained. A detailed
overview of the activity was provided in the Notice of Proposed IHA (76
FR 43267, July 20, 2011). No changes have been made to the proposed
activities.

Comments and Responses

A notice of receipt of Eglin AFB's application and NMFS' proposal
to issue an IHA to the USAF, Eglin AFB, published in the Federal
Register on July 20, 2011 (76 FR 43267). During the 30-day public
comment period, NMFS only received comments from the Marine Mammal
Commission (MMC). Following are the comments from the MMC and NMFS'
responses.
Comment 1: The MMC recommends that NMFS withhold issuing the IHA
until the Air Force has provided a clear, step-by-step description of
how it estimated the zones of exposure and associated number of takes
for the sound exposure level thresholds, accounting for the multiple
types and quantities of rounds to be used for representative missions.
Response: NMFS does not agree with the MMC that the IHA should not
be issued until additional information regarding the zones of exposure
and number of takes can be provided. The methodology and analytical
approach for determining the exposure zones and estimating the number
of marine mammal takes was fully explained in the 2011 IHA application,
2011 IHA Notice of Proposed IHA (76 FR 43267, July 20, 2011), as well
as in the previous IHAs and supporting documents issued for this
activity. Readers should refer to those documents for additional
information, but a summary follows.
Three sources of information are necessary for estimating the
potential impacts of in-water noise from explosive detonations on
marine mammals: (1) The zone of influence, defined as the distance from
the explosion to which a particular energy (dB) or pressure (psi)
threshold extends; (2) the density of animals potentially occurring
within the zone of influence; and (3) the number of distinct firing
events. Table 6-1 in the 2011 IHA application provides the criteria and
thresholds used for assessing potential noise impacts to marine mammals
and Table 6-2 provides the estimated range from the detonation point to
which the various thresholds extend. Threshold ranges were calculated
for two seasons (summer and winter) and depth strata (80 m and 160 m)
in order to reasonably bound the environmental conditions under which
A-S gunnery activities may occur. As a conservative measure, the
greatest range within each season and depth strata were used to
estimate marine mammal takes. In addition, where dual criteria exist
(e.g., pressure

[[Page 62380]]

and energy thresholds for explosives), the criterion that resulted in
the most conservative estimate (i.e., largest amount of take) was used.
Appendix A of the 2011 IHA application provides a more detailed
explanation on how the ranges were calculated for the criteria and
thresholds used in this analysis.
As discussed in section 3 of the 2011 IHA application and in the
2011 IHA Notice of Proposed IHA (76 FR 43267, July 20, 2011), marine
mammal densities were derived from the Navy OPAREA Density Estimates
(NODE) for the GOMEX OPAREA report, and were determined by either
model-derived estimates or literature-derived estimates. In order to
address potential negative bias in the underlying survey results, Eglin
AFB adjusted density estimates using marine mammal submergence factors.
The density estimates for marine mammals occurring in the EGTTR are
provided in Table 3.
The final source of information required to conduct the analysis is
the number of distinct firing events from A-S gunnery missions. The
method of deriving the number of firing events may differ for energy
and pressure metrics applied to explosive detonations. For energy
metrics, the number of firing events is synonymous with the quantity of
rounds expended because energy is proportional to the total charge
weight. When utilizing energy threshold metrics, the energy released
from multiple shots is evaluated as an additive exposure and,
therefore, firing events must consider all shots fired. Conversely, it
is not necessarily appropriate to consider pressure as additive when
multiple explosions occur simultaneously or over a very short time
frame, and an alternative method for estimating the number of events
for use in take calculations is applied. Typically, pressure-based
thresholds are based on the maximum level received by an animal in
pounds per square inch (psi).
The method for estimating the number of firing events for 40 mm and
25 mm rounds, with respect to the pressure metric, is based on firing
protocols. For example, these rounds are generally fired in bursts,
with each burst lasting from 2 to 10 seconds. When the average cetacean
density and swim speed of approximately 3 knots (1.5 m/sec) are taken
into consideration, there is not enough time for new animals to enter
the zone of influence within the time frame of a single burst.
Therefore, marine mammals are only exposed to the peak pressure of a
single round per burst within a particular zone of influence. For 40 mm
rounds, a typical mission includes 64 rounds and approximately 20
rounds per burst. Based on the size of the target area and small
``miss'' distance, all rounds in a burst are expected to enter the
water within 5 meters of the target. Therefore, pressure-related take
calculations are based on the total number of rounds fired per year
divided by 20. Similarly, for 25 mm rounds, missions typically entail
560 rounds fired in bursts of 100 rounds, and take calculations are
based on the number of rounds divided by 100.
The firing protocol for 105 mm rounds does not include bursts
because these rounds are fired in single shots with up to 30-second
intervals between rounds, which results in approximately two rounds per
minute. Therefore, an adjustment for burst quantity is not applicable
and pressure-related exposure calculations are performed using all
rounds expended.
Using this approach, Eglin AFB estimated the number of marine
mammal takes using the adjusted density estimates for each species, the
zone of influence of each type of round deployed, and the total number
of events per year. The results are presented in Table 3.
Comment 2: The MMC recommends that NMFS require performance testing
of mitigation measures to assess their actual effectiveness at
detecting marine mammals and minimizing takes. The Navy is being asked
to conduct similar evaluation programs, and doing so seems essential if
our collective approach to such matters is to be considered science-
based.
Response: Since the MMC did not make any specific recommendations
regarding the performance testing of mitigation measures to assess
their actual effectiveness at detecting marine mammals, NMFS is
uncertain as to what exactly it is the MMC is recommending be done in
this instance. Regarding the evaluation programs being conducted by the
Navy, NMFS assumes that the MMC is referring to the effectiveness of
visual observations by vessel-based marine mammal observers based on
years of experience. The Navy's evaluation monitoring is in no way
comparable to the activities being conducted here by Eglin AFB.
An addendum to the IHA application submitted by Eglin AFB in
January 2007 explained in detail the advantages and improved
effectiveness of using the Infrared Detection Sets (IDS) system over
typical night-vision devices and other visual observation systems. The
IDS system is capable of detecting differences in temperature from
thermal energy (heat) radiated from living bodies or from reflected and
scattered thermal energy. Visible light is not necessary for object
detection. This system is equally effective during day or night use.
For a full explanation on the IDS system and its effectiveness, please
refer to the 2008 IHA Notice of Issuance (73 FR 78318, December 22,
2008), Eglin AFB's 2007 application addendum, or NMFS' 2008 EA (see
ADDRESSES). These documents also describe the effectiveness of this
system at 6,000 ft (1,829 m) altitude, which was a requested change by
the USAF due to safety concerns for personnel if protected species
surveys were flown at lower altitudes.
Aircraft crew members are required to scan the testing area prior
to the commencement of all A-S gunnery mission activities, for which
optical and electronic sensors are required to be employed for target
detection. If any marine mammals are detected within the AC-130's orbit
circle, either during initial clearance or after commencement of live
firing, the mission will be immediately halted and relocated as
necessary or suspended until the marine mammal has left the area. If
relocated to another target area, the clearance procedures must be
repeated. Based on the analysis of effectiveness of the observation
systems, NMFS has determined that flying the pre-mission surveys at an
altitude of 6,000 ft (1,829 m) is a sufficient altitude to detect the
presence of marine mammals. Since gunnery mission activities will not
occur prior to the completion of these surveys, it is safe to assume
that any sighted marine mammals reported dead would have died from a
cause other than Eglin AFB's A-S activities.
Regarding the effectiveness of differentiating between a live and a
dead marine mammal during post-mission protected species surveys,
unless there is significant physical damage, the operators/systems are
not capable of determining between a non-moving live animal and a dead
animal with no apparent physical damage. Typically, marine mammals do
not exhibit the same levels of energy/heat transfer back into the
environment that is associated with land animals due to their
insulating fat layers. However, the USAF has stated that they would be
able to see a wounded or recently killed marine mammal on or near the
surface that is bleeding externally or with significant open wounds, as
this would provide a heat signature that can be detected quite well by
the IDS system.
Additionally, the size of the wound, time elapsed since the injury
was incurred, and orientation of the animal/wound are all factors
determining whether or not one could see the gunnery-type wounds (such
as bullet

[[Page 62381]]

holes or fragmentation wounds). However, the weapons used during A-S
exercises detonate on or very near the surface. According to the USAF,
even if the weapon failed to detonate, gun-type projectiles lose lethal
velocity within a few feet of the surface. Lastly, if a marine mammal
enters the exercise area during a live-fire event, exercises would
cease immediately, and the activity would either remain suspended until
the area was determined to be clear of marine mammals or moved to a new
area, where pre-mission surveys would be conducted before recommencing
live-fire events.
Comment 3: The MMC states that until data are available that
demonstrate the effectiveness of electronic detection techniques in
higher sea states, authorizing incidental taking during operations
conducted in such conditions is premature. Therefore, the MMC
recommends that NMFS work with the USAF to design and conduct the
necessary performance verification testing for electronic detection
devices under the pertinent sea state conditions.
Response: For the 2008 IHA, NMFS increased the sea state
restriction from 3 to 4. The reasoning for increasing the sea state
limitation was fully explained in the 2008 IHA Notice of Issuance (73
FR 78318, December 22, 2008) and NMFS' 2008 EA. Readers should refer to
those documents for the explanation.
USAF subject matter experts have determined based on in-the-field
experience, the airborne systems adequately function in a sea state of
4. Research conducted by Baldacci et al. (2005) indicated a sea state
of 2 or 3 was pushing their system capabilities. However, Baldacci et
al. (2005) were looking horizontally along the surface of the water,
whereas the USAF is looking nearly straight down, thus improving system
capabilities in higher sea states. Specific system capabilities/
limitations are classified and cannot be publicly provided.
Sensor Operators are continuously scanning the area for traffic,
boats, marine mammals, etc. when transiting to and from the water
exercise ranges. The USAF will instruct the Sensor Operators to begin
gathering additional data, such as sea state and level of difficulty in
detecting objects at the different sea states, during those transits
for comparison purposes, as long as doing so does not interfere with
mission training activities. Beyond this new data collection effort,
NMFS is uncertain what the MMC intended, as they did not provide any
specific details on the types of data that should be collected or
collection methods.

Description of Marine Mammals in the Area of the Specified Activity

There are 29 species of marine mammals documented as occurring in
Federal waters of the GOM. Of these 29 species of marine mammals,
approximately 21 may be found within the proposed action area, the
EGTTR. These species are the Bryde's whale, sperm whale, dwarf sperm
whale, pygmy sperm whale, Atlantic bottlenose dolphin, Atlantic spotted
dolphin, pantropical spotted dolphin, Blainville's beaked whale
(Mesoplodon densirostris), Cuvier's beaked whale, Gervais' beaked whale
(M. europaeus), Clymene dolphin, spinner dolphin, striped dolphin,
killer whale (Orcinus orca), false killer whale, pygmy killer whale,
Risso's dolphin, Fraser's dolphin (Lagenodelphis hosei), melon-headed
whale (Peponocephala electra), rough-toothed dolphin, and short-finned
pilot whale. Of these species, only the sperm whale is listed as
endangered under the Endangered Species Act (ESA) and as depleted
throughout its range under the MMPA. While some of the other species
listed here have depleted status under the MMPA, none of the GOM stocks
of those species are considered depleted. More detailed information on
these species can be found in Wursig et al. (2000), NMFS' 2008 EA (see
ADDRESSES), and in the NMFS U.S. Atlantic and GOM Stock Assessment
Reports (Waring et al., 2009). This latter document is available at:
http://www.nefsc.noaa.gov/publications/tm/tm210/. The West Indian
manatee (Trichechus manatus) is managed by the U.S. Fish and Wildlife
Service and is not considered further in this document.
The species most likely to occur in the area of Eglin AFB's
proposed activities for which takes have been requested include:
Atlantic bottlenose dolphin; Atlantic spotted dolphin; pantropical
spotted dolphin; spinner dolphin; and dwarf and pygmy sperm whales.
Bryde's whales, sperm whales, Risso's dolphins, Clymene dolphins,
striped dolphins, Blainville's beaked whales, Cuvier's beaked whales,
Gervais' beaked whales, killer whales, false killer whales, pygmy
killer whales, Fraser's dolphins, rough-toothed dolphins, short-finned
pilot whales, and melon-headed whales are rare in the project area and
are not anticipated to be impacted by the A-S gunnery mission
activities. Therefore, these species are not considered further.
For cetacean species other than the bottlenose dolphin, density
estimates were derived from the Navy OPAREA Density Estimates (NODE)
for the GOMEX OPAREA report (DON, 2007). Bottlenose dolphin density
estimates were derived from Protected Species Habitat Modeling in the
EGTTR (Garrison, 2008). A complete discussion on the abundance and
density data can be found in the Notice of Proposed IHA (76 FR 43267,
July 20, 2011) and Eglin AFB's IHA application.

Potential Effects of the Specified Activity on Marine Mammals

A-S gunnery operations may potentially impact marine mammals at or
near the water surface. Marine mammals could potentially be harassed,
injured or killed by exploding and non-exploding projectiles, and
falling debris (USAF, 2002). However, based on analyses provided in the
USAF's Final PEA, Eglin's Supplemental Information Request (2003), and
NMFS' 2008 EA, NMFS concurs with Eglin AFB that A-S gunnery exercises
are not likely to result in any injury or mortality to marine mammals.
Explosive criteria and thresholds for assessing impacts of
explosions on marine mammals were discussed by NMFS in detail in its
issuance of an IHA for Eglin's Precision Strike Weapon testing activity
(70 FR 48675, August 19, 2005) and are not repeated here. Please refer
to that document for this background information. However, one part of
the analysis has changed since that time. That information was provided
in the Notice of Proposed IHA (76 FR 43267, July 20, 2011) and is not
repeated here. Table 1 in this document outlines the acoustic criteria
used by NMFS when addressing noise impacts from explosives. These
criteria remain consistent with criteria established for other
activities in the EGTTR and other acoustic activities authorized under
sections 101(a)(5)(A) and (D) of the MMPA.

Table 1--Current NMFS Acoustic Criteria When Addressing Harassment From
Explosives
------------------------------------------------------------------------

------------------------------------------------------------------------
Level B Behavior....................... 177 dB re 1 [micro]Pa\2\-sec \1/
3\ Octave SEL (sound energy
level).
Level B TTS Dual Criterion............. 182 dB re 1 [micro]Pa\2\-sec \1/
3\ Octave SEL.
Level B TTS Dual Criterion............. 23 psi.
Level A PTS (permanent threshold shift) 205 dB re 1 [micro]Pa\2\-sec
SEL.

[[Page 62382]]

Level A Injury (non-hearing related)... 13 psi-msec.
Mortality.............................. 30.5 psi-msec.
------------------------------------------------------------------------

TTS can disrupt behavioral patterns by inhibiting an animal's
ability to communicate with conspecifics and interpret other
environmental cues important for predator avoidance and prey capture.
However, depending on the degree (elevation of threshold in dB),
duration (i.e., recovery time), and frequency range of TTS, and the
context in which it is experienced, TTS can have effects on marine
mammals ranging from discountable to serious. For example, a marine
mammal may be able to readily compensate for a brief, relatively small
amount of TTS in a non-critical frequency range that takes place during
a time when the animal is traveling through the open ocean, where
ambient noise is lower and there are not as many competing sounds
present. Alternatively, a larger amount and longer duration of TTS
sustained during a time when communication is critical for successful
mother/calf interactions could have more serious impacts if it were in
the same frequency band as the necessary vocalizations and of a
severity that it impeded communication.
The following physiological mechanisms are thought to play a role
in inducing auditory fatigue: Effects to sensory hair cells in the
inner ear that reduce their sensitivity; modification of the chemical
environment within the sensory cells; residual muscular activity in the
middle ear; displacement of certain inner ear membranes; increased
blood flow; and post-stimulatory reduction in both efferent and sensory
neural output. Ward (1997) suggested that when these effects result in
TTS rather than permanent threshold shift (PTS), they are within the
normal bounds of physiological variability and tolerance and do not
represent a physical injury. Additionally, Southall et al. (2007)
indicate that although PTS is a tissue injury, TTS is not, because the
reduced hearing sensitivity following exposure to intense sound results
primarily from fatigue, not loss, of cochlear hair cells and supporting
structures and is reversible. Accordingly, NMFS classifies TTS (when
resulting from exposure to underwater detonations) as Level B
Harassment, not Level A Harassment (injury).

Direct Physical Impacts (DPI)

Potential impacts resulting from A-S test operations include DPI
resulting from ordnance. DPI could result from inert bombs, gunnery
ammunition, and shrapnel from live missiles falling into the water.
However, the possibility of DPI to marine mammals is considered highly
unlikely. Therefore, the risk of injury or mortality is low. The Notice
of Proposed IHA (76 FR 43267, July 20, 2011) contained a complete
discussion of possible impacts from DPI on marine mammals. Impacts to
marine mammals from Eglin AFB's activities are anticipated to be
limited to Level B harassment in the form of temporary changes in
behavior or temporary changes in hearing thresholds (i.e., TTS).

Anticipated Effects on Marine Mammal Habitat

The primary source of marine mammal habitat impact is noise
resulting from gunnery missions. However, the noise does not constitute
a long-term physical alteration of the water column or bottom
topography, as the occurrences are of limited duration and are
intermittent in time. Other sources that may affect marine mammal
habitat were considered and potentially include the introduction of
fuel, chaff, debris, ordnance, and chemical residues into the water
column. A full description of anticipated effects on habitat was
provided in the Notice of Proposed IHA (76 FR 43267, July 20, 2011).
Based on that information, NMFS has determined that the A-S gunnery
mission activities will not have any impact on the food or feeding
success of marine mammals in the northern GOM. Additionally, no loss or
modification of the habitat used by cetaceans in the GOM is expected.
The activity is not expected to have any habitat-related effects that
could cause significant or long-term consequences for individual marine
mammals or on the food sources that they utilize.

Mitigation

In order to issue an incidental take authorization (ITA) under
Section 101(a)(5)(A) and (D) of the MMPA, NMFS must, where applicable,
set forth the permissible methods of taking pursuant to such activity
and other means of effecting the least practicable impact on such
species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of such species or stock for taking for certain
subsistence uses (where relevant). The NDAA of 2004 amended the MMPA as
it relates to military readiness activities and the ITA process such
that ``least practicable 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 Eglin AFB's application are considered military
readiness activities.
The mitigation measures included in this IHA are the same as those
required in the 2010-2011 IHA (75 FR 5045, February 1, 2010). These
measures are virtually identical to the mitigation measures that were
required in the 2008-2009 IHA (73 FR 78318, December 22, 2008) and the
2006 IHA (71 FR 27695, May 12, 2006). There were only three differences
in the mitigation and monitoring measures between the 2006 and 2008
IHAs. Eglin AFB's 2007 application addendum requested revisions to
three components of the IHA requirements: Protected species surveys,
ramp-up procedures, and sea state restrictions. A discussion of the
differences in the requirements can be found in the 2008 IHA Notice of
Issuance (73 FR 78318, December 22, 2008) and NMFS' 2008 EA (see
ADDRESSES). The revisions to those three requirements are also included
in this IHA. However, the explanations as to why Eglin AFB requested
the changes and NMFS' determinations specific to those three
requirements are not repeated in this document. Readers should refer to
either the 2008 IHA Notice of Issuance (73 FR 78318, December 22, 2008)
or NMFS' 2008 EA (see ADDRESSES) for the full explanation.

Development of the Training Round (TR)

The largest type of ammunition used during typical gunnery missions
is the 105-mm (4.13-in) round containing 4.7 lbs (2.1 kg) of high
explosive (HE). This is several times more HE than that found in the
next largest round (40 mm/1.57 in). As a mitigation technique, the USAF
developed a 105-mm TR that contains only 0.35 lb (0.16 kg) of HE. The
TR was developed to dramatically reduce the risk of harassment at night
and Eglin AFB anticipates a 96 percent reduction in impact by using the
105-mm TR.

[[Page 62383]]

Visual Mitigation

Areas to be used in gunnery missions are visually monitored for
marine mammal presence from the AC-130 aircraft prior to commencement
of the mission. If the presence of one or more marine mammals is
detected, the target area will be avoided. In addition, monitoring will
continue during the mission. If marine mammals are detected at any
time, the mission will halt immediately and relocate as necessary or be
suspended until the marine mammal has left the area. Daytime and
nighttime visual monitoring will be supplemented with infrared (IR) and
low-light television (TV) monitoring. As nighttime visual monitoring is
generally considered to be ineffective at any height, the EGTTR
missions will incorporate the TR.

Ramp-Up Procedures

The rationale for requiring ramp-up procedures is that this process
may allow animals to perceive steadily increasing noise levels and to
react, if necessary, before the noise reaches a threshold of
significance. The AC-130 gunship's weapons are used in two activity
phases. First, the guns are checked for functionality and calibrated.
This step requires an abbreviated period of live fire. After the guns
are determined to be ready for use, the mission proceeds under various
test and training scenarios. This second phase involves a more extended
period of live fire and can incorporate use of one or any combination
of the munitions available (25-, 40-, and 105-mm rounds). The ramp-up
procedure is required for the initial gun calibration, and, after this
phase, the guns may be fired in any order. Eglin and NMFS believe this
process will allow marine species the opportunity to respond to
increasing noise levels. If an animal leaves the area during ramp-up,
it is unlikely to return while the live-fire mission is proceeding.
This protocol allows a more realistic training experience. In combat
situations, gunship crews would not likely fire the complete ammunition
load of a given caliber gun before proceeding to another gun. Rather, a
combination of guns would likely be used as required by an evolving
situation. An additional benefit of this protocol is that mechanical or
ammunition problems on an individual gun can be resolved while live
fire continues with functioning weapons. This also diminishes the
possibility of a lengthy pause in live fire, which, if greater than 10
min, would necessitate Eglin's re-initiation of protected species
surveys (described next).

Other Mitigation

In addition to the development of the TR, the visual mitigation,
and the ramp-up procedures already described in this document,
additional mitigation measures to protect marine life were included in
the 2006, 2008, 2009, and 2010 IHAs and are also required in the 2011
IHA. These requirements are:
(1) If daytime weather and/or sea conditions preclude adequate
aerial surveillance for detecting marine mammals and other marine life,
A-S gunnery exercises must be delayed until adequate sea conditions
exist for aerial surveillance to be undertaken. Daytime test firing
will be conducted only when sea surface conditions are sea state 4 or
less on the Beaufort scale.
(2) Prior to each firing event, the aircraft crew will conduct a
visual survey of the 5-nm (9.3-km) wide prospective target area to
attempt to sight any marine mammals that may be present (the crew will
do the same for sea turtles and Sargassum rafts). The AC-130 gunship
will conduct at least two complete orbits at a minimum safe airspeed
around a prospective target area at a maximum altitude of 6,000 ft
(1,829 m). Provided marine mammals (and other protected species) are
not detected, the AC-130 can then continue orbiting the selected target
point as it climbs to the mission testing altitude. During the low
altitude orbits and the climb to testing altitude, the aircraft crew
will visually scan the sea surface within the aircraft's orbit circle
for the presence of marine mammals. Primary emphasis for the surface
scan will be upon the flight crew in the cockpit and personnel
stationed in the tail observer bubble and starboard viewing window. The
AC-130's optical and electronic sensors will also be employed for
target clearance. If any marine mammals are detected within the AC-
130's orbit circle, either during initial clearance or after
commencement of live firing, the aircraft will relocate to another
target and repeat the clearance procedures. If multiple firing events
occur within the same flight, these clearance procedures will precede
each event.
(3) The aircrews of the A-S gunnery missions will initiate location
and surveillance of a suitable firing site immediately after exiting
U.S. territorial waters (less than or equal to 12 nm (22 km)). This
would potentially restrict most gunnery activities to the shallower
continental shelf waters of the GOM where marine mammal densities are
typically lower, and thus potentially avoid the slope waters where the
more sensitive species (e.g., endangered sperm whales) typically
reside.
(4) Observations will be accomplished using all-light TV, IR
sensors, and visual means for at least 60 min prior to each exercise.
(5) Aircrews will utilize visual, night vision goggles, and other
onboard sensors to search for marine mammals while performing area
clearance procedures during nighttime pre-mission activities.
(6) If any marine mammals are sighted during pre-mission surveys or
during the mission, activities will be immediately halted until the
area is clear of all marine mammals for 60 min or the mission location
relocated and resurveyed.
(7) If post-detonation surveys determine that an injury or lethal
take of a marine mammal has occurred, the test procedure and the
monitoring methods must be reviewed with NMFS and appropriate changes
must be made, prior to conducting the next A-S gunnery exercise.
NMFS carefully evaluated the applicant'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; and
The practicability of the measure for applicant
implementation, including consideration of personnel safety,
practicability of implementation, and impact on the effectiveness of
the military-readiness activity.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has determined that the
required mitigation measures provide the means of effecting the least
practicable impact on marine mammal species or stocks and their
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, while also considering personnel safety,
practicability of implementation, and impact on the effectiveness of
the military-readiness activity.

Monitoring and Reporting

In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must, where

[[Page 62384]]

applicable, 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 ITAs 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 in the action area.
The Incidental Take Statement in NMFS' Biological Opinion on this
action required certain monitoring measures to protect marine life.
NMFS also imposed these same requirements, as well as additional ones,
under Eglin AFB's 2006, 2008, and 2010 IHAs as they related to marine
mammals. NMFS has included these same measures in the 2011 IHA. They
are:
(1) The A-S gunnery mission aircrews will participate in the marine
mammal species observation training. Designated crew members will be
selected to receive training as protected species observers. Observers
will receive training in protected species survey and identification
techniques.
(2) Aircrews will initiate the post-mission clearance procedures
beginning at the operational altitude of approximately 15,000 to 20,000
ft (4,572 to 6,096 m) elevation, and then initiate a spiraling descent
down to an observation altitude of approximately 6,000 ft (1,829 m)
elevation. Rates of descent will occur over a 3 to 5 min time frame.
(3) Eglin will track their use of the EGTTR for test firing
missions and protected species observations, through the use of mission
reporting forms.
(4) A-S gunnery missions will coordinate with next-day flight
activities to provide supplemental post-mission observations for marine
mammals in the operations area of the previous day.
(5) A summary annual report of marine mammal observations and A-S
activities will be submitted to the NMFS Southeast Regional Office
(SERO) and the Office of Protected Resources either at the time of a
request for renewal of an IHA or 90 days after expiration of the
current IHA if a new IHA is not requested. This annual report must
include the following information: (i) Date and time of each A-S
gunnery exercise; (ii) a complete description of the pre-exercise and
post-exercise activities related to mitigating and monitoring the
effects of A-S gunnery exercises on marine mammal populations; (iii)
results of the monitoring program, including numbers by species/stock
of any marine mammals noted injured or killed as a result of the
gunnery exercises and number of marine mammals (by species if possible)
that may have been harassed due to presence within the 5-nm activity
zone; and (iv) a detailed assessment of the effectiveness of sensor-
based monitoring in detecting marine mammals in the area of A-S gunnery
operations.
(6) If any dead or injured marine mammals are observed or detected
prior to testing, or injured or killed during live fire, a report must
be made to NMFS by the following business day.
(7) Any unauthorized takes of marine mammals (i.e., injury or
mortality) must be immediately reported to NMFS and to the respective
stranding network representative.
Estimated Take by Incidental Harassment
As it applies to a ``military readiness activity'', the definition
of harassment is (Section 3(18)(B) of the MMPA):

Only take by Level B harassment is anticipated as a result of and
authorized for the A-S gunnery mission activities. The exercises are
expected to only affect animals at or very near the surface of the
water. Cetaceans in the vicinity of the exercises may incur temporary
changes in behavior and/or temporary changes in their hearing
thresholds. Based on the mitigation and monitoring measures required to
be implemented (described earlier in this document), no injury or
mortality of marine mammals is anticipated as a result of or authorized
for the A-S gunnery mission activities.
The Notice of Proposed IHA (76 FR 43267, July 20, 2011) included an
in-depth discussion of the methodology used by Eglin AFB and NMFS to
estimate take by harassment incidental to the A-S gunnery exercises and
the numbers of cetaceans that might be affected by the exercises. A
summary is provided here.
DPI are only anticipated to affect marine species at or very near
the ocean surface. As a result, in order to calculate impacts, Eglin
used corrected species densities (see Table 4-23 in the USAF's Final
PEA) to reflect the surface interval population, which is approximately
10 percent of densities calculated for distribution in the total water
column. The impacts to marine mammals swimming at the surface that
could potentially be injured or killed by projectiles and falling
debris was determined to be an average of 0.2059 marine mammals per
year. However, NMFS believes that the required mitigation measures
would significantly reduce even these low levels.
In addition to small arms, Eglin calculated the potential for other
non-explosive items (bombs, missiles, and drones) to impact marine
mammals. As shown in the 2002 Final PEA and the Notice of Proposed IHA
(74 FR 53474, October 19, 2009), the potential for any non-small arms/
non-gunnery DPI to marine mammals is extremely remote and can,
therefore, be discounted.
Similar to non-small arms/non-gunnery DPI, DPI from gunnery
activities may also affect marine mammals in the surface zone. Again,
DPI are anticipated to affect only marine mammals at or near the ocean
surface. Accordingly, the density estimates have been adjusted to
indicate surface animals only being potentially affected. DPI from
gunnery activities are extremely remote and can be discounted. Using
the largest round (105 mm), it would take approximately 120 years to
impact a marine mammal from daytime gunnery activities and
approximately 27 years to impact a marine mammal from nighttime gunnery
activities.
Estimating the impacts to marine mammals from underwater
detonations is difficult due to complexities of the physics of
explosive sound under water and the limited understanding with respect
to hearing in marine mammals. Detailed assessments were made in the
notice for the 2006 and 2008 IHAs on this action (71 FR 27695, May 12,
2006; 73 FR 78318, December 22, 2008), as well as the Notice of
Proposed IHA (74 FR 53474, October 19, 2009) and are summarized in this
document. These assessments used, and improved upon, the criteria and
thresholds for marine mammal impacts that were developed for the shock
trials of the USS SEAWOLF and the USS WINSTON S. CHURCHILL (DDG-81)
(Navy, 1998; 2001). The criteria and thresholds used in those actions
were adopted by NMFS for use in calculating incidental takes from
explosives. Criteria for assessing impacts from Eglin AFB's A-S gunnery
exercises include: (1) Mortality, as determined by exposure to a
certain level of positive impulse pressure (expressed as pounds per
square inch per millisecond or psi-msec); (2) injury, both hearing-
related and non-hearing

[[Page 62385]]

related; and (3) harassment, as determined by a temporary loss of some
hearing ability and behavioral reactions.
Permanent hearing loss is considered an injury and is termed PTS.
NMFS, therefore, categorizes PTS as Level A harassment. Temporary loss
of hearing ability is termed TTS, meaning a temporary reduction of
hearing sensitivity which abates following noise exposure. TTS is
considered non-injurious and is categorized as Level B harassment. NMFS
recognizes dual criteria for TTS, as well as for Level A harassment,
one based on peak pressure and one based on the greatest \1/3\ octave
sound exposure level (SEL) or energy flux density level (EFDL), with
the more conservative (i.e., larger) of the two criteria being selected
for impacts analysis (note: SEL and EFDL are used interchangeably, but
with increasing scientific preference for SEL). The peak pressure
metric used in previous shock trials to represent TTS was 12 pounds per
square inch (psi) which, for the net explosive weight used, resulted in
a zone of possible Level B harassment approximately equal to that
obtained by using a 182 decibel (dB) re 1 microPa\2\-s, total EFDL/SEL
metric. The 12-psi metric is largely based on anatomical studies and
extrapolations from terrestrial mammal data (see Ketten, 1995; Navy,
1999 (Appendix E, CHURCHILL FEIS; and 70 FR 48675 (August 19, 2005))
for background information). However, the results of a more recent
investigation involving marine mammals suggest that, for small charges,
the 12-psi metric is not an adequate predictor of the onset of TTS but
that one should use 23 psi. This explanation was provided in the Notice
of Proposed IHA (76 FR 43267, July 20, 2011).
Table 1 (earlier in this document) summarizes the relevant
thresholds for levels of noise that may result in Level A harassment
(injury) or Level B harassment via TTS or behavioral disturbance to
marine mammals. Mortality and injury thresholds are designed to be
conservative by considering the impacts that would occur to the most
sensitive life stage (e.g., a dolphin calf). Table 2 provides the
estimated ZOI radii for the EGTTR ordnance.

Table 2--Estimated Range for a Zone of Impact (ZOI) Distance for the EGTTR Ordnance
----------------------------------------------------------------------------------------------------------------
Level B Level B
Level A harassment-- harassment non- Level B harassment--non-
Expendable injurious (205 dB) injurious (182 harassment non- injurious (177
EFD (m) dB) EFD for TTS injurious (23 dB) EFD for
(m) psi) for TTS (m) behavior (m)
----------------------------------------------------------------------------------------------------------------
105-mm FU.......................... 0.79 11.1 216 22.1
105-mm TR.......................... 0.22 3.0 90 6.0
40-mm HE........................... 0.33 4.7 122 9.4
25-mm HE........................... 0.11 1.3 49 2.6
----------------------------------------------------------------------------------------------------------------
FU = Full-up; TR = Training Round; HE = High Explosive.

Based on the detailed discussion contained in the Notice of
Proposed IHA (76 FR 43267, July 20, 2011), Table 3 in this Federal
Register document provides Eglin AFB's estimates of the annual number
of marine mammals, by species, potentially taken by Level B harassment,
by the gunnery mission noise. It should be noted that these estimates
are derived without consideration of the effectiveness of the required
mitigation measures (except use of the TR), which are discussed earlier
in this document. As indicated in Table 3, Eglin AFB and NMFS estimate
that approximately 212 marine mammals may incur Level B (TTS)
harassment annually. Because these gunnery exercises result in multiple
detonations, they have the potential to also result in a temporary
modification in behavior by marine mammals at levels below TTS. Based
on Eglin AFB and NMFS' estimates, up to 694 marine mammals may
experience a behavioral response to these exercises during the time
frame of an IHA (see Table 3). Finally, while one would generally
expect the threshold for behavioral modification to be lower than that
causing TTS, due to a lack of empirical information and data, a dual
criteria for Level B behavioral harassment cannot be developed.
However, to ensure that takings are covered by this IHA, NMFS estimates
that approximately 906 marine mammals of five stocks may incur Level B
(harassment) takes during the 1-year period of an IHA. NMFS has
determined that this number will be significantly lower due to the
expected effectiveness of the mitigation measures required in the IHA.

Table 3--Yearly Estimated Number of Marine Mammals Affected by the Gunnery Mission Noise
----------------------------------------------------------------------------------------------------------------
Level A Level B Level B
Adjusted harassment harassment non- Level B harassment non-
Species Density injurious 205 injurious 182 harassment non- injurious 177
(/ dB * EFD for dB * EFD For injurious 23 dB * EFD for
km\2\) ear rupture TTS psi For TTS behavior
----------------------------------------------------------------------------------------------------------------
Bryde's whale................... 0.0 0.0 0.0 0.0 0.0
Sperm whale..................... 0.0 0.0 0.0 0.0 0.0
Dwarf/pygmy sperm whale......... 0.0 0.0 0.4 0.0 1.3
All beaked whales............... 0.0 0.0 0.0 0.0 0.0
Killer whale.................... 0.0 0.0 0.0 0.0 0.0
Pygmy killer whale.............. 0.0 0.0 0.0 0.0 0.0
False killer whale.............. 0.0 0.0 0.0 0.0 0.0
Melon-headed whale.............. 0.0 0.0 0.0 0.0 0.0
Short-finned pilot whale........ 0.0 0.0 0.0 0.0 0.0
Rough-toothed dolphin........... 0.0 0.0 0.0 0.0 0.0
Bottlenose dolphin.............. 0.6 0.0 134.9 17.8 442.9
Risso's dolphin................. 0.0 0.0 0.0 0.0 0.0

[[Page 62386]]

Atlantic spotted dolphin........ 0.3 0.0 75.2 9.9 246.9
Pantropical spotted dolphin..... 0.1 0.0 0.3 0.0 11.1
Striped dolphin................. 0.0 0.0 0.0 0.0 0.2
Spinner dolphin................. 0.1 0.0 0.3 0.0 0.9
Clymene dolphin................. 0.0 0.0 0.1 0.0 0.3
Fraser's dolphin................ 0.0 0.0 0.0 0.0 0.0
All marine mammals.............. 1.3 0.0 211.5 27.9 694.2
----------------------------------------------------------------------------------------------------------------
km\2\ = square kilometers; NA = not applicable
* dB = dB re 1 [mu]Pa\2\-s.

Negligible Impact Determination

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.'' In making a negligible impact determination,
NMFS considers: (1) The number of anticipated mortalities; (2) the
number and nature of anticipated injuries; (3) the number, nature, and
intensity, and duration of Level B harassment; and (4) the context in
which the takes occur.
No injuries or mortalities are anticipated to occur as a result of
Eglin AFB's A-S gunnery mission activities, and none are authorized.
Takes will be limited to Level B harassment in the form of behavioral
disturbance and TTS. Although activities would be permitted to occur
year-round and can last for approximately 5 to 6 hours at a time, the
actual live-fire portion of the exercise usually only lasts for 90 to
120 min; therefore, NMFS expects the duration of impacts to be
relatively short. Additionally, it should also be noted that the actual
level of activity has been far lower over the past few years than that
predicted and estimated in this document. Those reasons were discussed
earlier in this document. It is possible that some individuals may be
taken more than once if those individuals are located in the exercise
area on two different days when exercises are occurring. However,
multiple exposures are not anticipated to have effects beyond Level B
harassment.
Of the 21 marine mammal species or stocks that may be in the
vicinity of the EGTTR gunnery mission activities, only the sperm whale
is listed as endangered under the ESA and as depleted under the MMPA.
Sperm whale occurrence in the area of the proposed activity is unlikely
because almost all reported sightings have occurred in water depths
greater than 200 m. Occurrence in the deeper portions of W-151 is
possible, although based on reported sighting locations, density is
expected to be low. Therefore, Eglin AFB has not requested and NMFS has
not issued take authorizations for this species. No mortality or injury
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.
Additionally, the mitigation and monitoring measures required to be
implemented (described earlier in this document) are expected to
minimize even further the potential for injury or mortality. The
protected species surveys require Eglin AFB to search the area for
marine mammals, and if any are found in the live fire area, then the
exercise must be suspended until the animal(s) has left the area or the
activity relocated. Moreover, the aircrews of the A-S gunnery missions
will initiate location and surveillance of a suitable firing site
immediately after exiting U.S. territorial waters (less than or equal
to 12 nm (22 km)). This would potentially restrict most gunnery
activities to the shallower continental shelf waters of the GOM where
marine mammal densities are typically lower, and thus potentially avoid
the slope waters where the more sensitive species (e.g., endangered
sperm whales) typically reside.
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 mitigation and monitoring
measures, NMFS finds that Eglin AFB's A-S gunnery mission exercises
will result in the incidental take of marine mammals, by Level B
harassment only, and that the total taking from the A-S gunnery mission
exercises will have a negligible impact on the affected species or
stocks.

Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses

There are no relevant subsistence uses of marine mammals implicated
by this action.

Endangered Species Act (ESA)

A Biological Opinion issued by NMFS on October 20, 2004, concluded
that the A-S gunnery exercises in the EGTTR are unlikely to jeopardize
the continued existence of species listed under the ESA that are within
the jurisdiction of NMFS or destroy or adversely modify critical
habitat. NMFS has determined that this action, including the
modifications to the mitigation and monitoring measures in the 2008 IHA
and included in the 2010 IHA, does not have effects beyond that which
was analyzed in that previous consultation, it is within the scope of
that action, and reinitiation of consultation is not necessary.

National Environmental Policy Act (NEPA)

The USAF prepared a Final PEA in November 2002 for the EGTTR
activity. NMFS made the USAF's 2002 Final PEA available upon request on
January 23, 2006 (71 FR 3474). In accordance with NOAA Administrative
Order 216-6 (Environmental Review Procedures for Implementing the
National Environmental Policy Act, May 20, 1999), NMFS reviewed the
information contained in the USAF's 2002 Final PEA, and, on May 1,
2006, determined that the document accurately and completely described
the proposed action, the alternatives to the proposed action, and the
potential impacts on marine mammals, endangered species, and other
marine life that could be impacted by the preferred alternative and the
other alternatives. Accordingly, NMFS adopted the USAF's 2002 Final PEA
under 40 CFR 1506.3 and made its own FONSI on May 16, 2006. The

[[Page 62387]]

NMFS FONSI also took into consideration updated data and information
contained in NMFS' Federal Register document noting issuance of an IHA
to Eglin AFB for this activity (71 FR 27695, May 12, 2006), and
previous notices (71 FR 3474, January 23, 2006; 70 FR 48675, August 19,
2005).
As the issuance of the 2008 IHA to Eglin AFB amended three of the
mitigation measures for reasons of practicality and safety, NMFS
reviewed the USAF's 2002 Final PEA and determined that a new EA was
warranted to address: (1) The proposed modifications to the mitigation
and monitoring measures; (2) the use of 23 psi as a change in the
criterion for estimating potential impacts on marine mammals from
explosives; and (3) a cumulative effects analysis of potential
environmental impacts from all GOM activities (including Eglin mission
activities), which was not addressed in the USAF's 2002 Final PEA.
Therefore, NMFS prepared a new EA in December 2008 and issued a FONSI
for its action on December 9, 2008. Based on those findings, NMFS
determined that it was not necessary to complete an environmental
impact statement for the issuance of an IHA to Eglin AFB for this
activity. NMFS has determined that this activity is within the scope of
NMFS' 2008 EA and FONSI.

Authorization

As a result of these determinations, NMFS has issued an IHA to the
USAF, Eglin AFB, for the take of several species of marine mammals
incidental to the A-S gunnery mission activities in the GOM provided
the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.

Dated: September 26, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-26018 Filed 10-6-11; 8:45 am]
BILLING CODE 3510-22-P