[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32398-32416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13748]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XT25
Taking of Marine Mammals Incidental to Specified Activities; U.S.
Marine Corps Training Exercises at Air Station Cherry Point
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments.
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SUMMARY: NMFS has received an application from the U.S. Marine Corps
(USMC) requesting authorization to take marine mammals incidental to
various training exercises at Marine Corps Air Station (MCAS) Cherry
Point Range Complex, North Carolina. The USMC's activities are
considered military readiness activities pursuant to the Marine Mammal
Protection Act (MMPA), as amended by the National Defense Authorization
Act (NDAA) for Fiscal Year 2004. Pursuant to the MMPA, NMFS is
requesting comments on its proposal to issue an incidental harassment
authorization (IHA) to the USMC to take bottlenose dolphins (Tursiops
truncatus), by Level B harassment only, from specified activities.
DATES: Comments and information must be received no later than July 8,
2010.
ADDRESSES: Comments on the application should be addressed to Michael
Payne, Chief, Permits, Conservation and Education Division, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910-3225. The mailbox address for
providing e-mail comments is [email protected]. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size.
[[Page 32399]]
Instructions: All comments received are a part of the public record
and may be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm
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.
A copy of the application containing a list of the references used
in this document may be obtained by writing to the address specified
above, telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The following associated
document is also available at the same Internet address: Environmental
Assessment MCAS Cherry Point Range Operations (USMC 2009). Documents
cited in this notice may also be viewed, by appointment, during regular
business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow, upon request, the incidental, but
not intentional, taking of marine mammals by U.S. citizens who engage
in a specified activity (other than commercial fishing) if certain
findings are made and regulations are issued or, if the taking is
limited to harassment, notice of a proposed authorization is provided
to the public for review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for certain subsistence uses,
and if the permissible methods of taking and requirements pertaining to
the mitigation, monitoring and reporting of such taking are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as: ``an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take 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 NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations 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
On August 6, 2009, NMFS received an application from the USMC
requesting an IHA for the harassment of Atlantic bottlenose dolphins
(Tursiops truncatus) incidental to air-to-surface and surface-to-
surface training exercises conducted around two bombing targets (BTs)
within southern Pamlico Sound, North Carolina, at MCAS Cherry Point.
NMFS requested additional information regarding the specified
activities and received responses from the USMC on October 29, 2009,
completing the application.
Weapon delivery training would occur at two BTs: Brant Island
Target (BT-9) and Piney Island Bombing Range (BT-11). Training at BT-9
would involve air-to-surface (from aircraft to in-water targets) and
surface-to-surface (from vessels to in-water targets) warfare training,
including bombing, strafing, special (laser systems) weapons; surface
fires using non-explosive and explosive ordnance; and mine laying
exercises (inert). Training at BT-11 would involve air-to-surface
exercises to provide training in the delivery of conventional (non-
explosive) and special (laser systems) weapons. Surface-to-surface
training by small military watercraft would also be executed here. The
types of ordnances proposed for use at BT-9 and BT-11 include small
arms, large arms, bombs, rockets, missiles, and pyrotechnics. All
munitions used at BT-11 are inert, practice rounds. No live firing
occurs at BT-11. Training for any activity may occur year-round. Active
sonar is not a component of these specified training exercises;
therefore, discussion of marine mammal harassment from active sonar
operations is not included within this notice.
Description of the Specified Activity
The USMC is requesting authorization to harass bottlenose dolphins
from ammunition firing conducted at two BTs within MCAS Cherry Point.
The BTs are located at the convergence of the Neuse River and Pamlico
Sound, North Carolina. BT-9 is a water-based target located
approximately 52 km (28 nautical miles [nm]) northeast of MCAS Cherry
Point. The BT-9 target area ranges in depth from 1.2 m to 6.1 m, with
the shallow areas concentrated along the Brandt Island Shoal (which
runs down the middle of the restricted area in a northwest to southeast
orientation). The target itself consists of three ship hulls grounded
on Brant Island Shoals, located approximately 4.8 km (3 miles [mi])
southeast of Goose Creek Island. Inert (non-explosive) ordnance up to
454 kilograms (kg) (1,000 lbs) and live (explosive) ordnance up to 45.4
kg (100 lbs) TNT equivalent, including ordnance released during
strafing, are authorized for use at this target range. The target is
defined by a 6 statute-mile (SM) diameter prohibited area designated by
the U.S. Army Corps of Engineers, Wilmington District (33 CFR 334.420).
Non-military vessels are not permitted within the prohibited area,
which is delineated by large signs located on pilings surrounding the
perimeter of the BT. BT-9 also provides a mining exercise area;
however, all mine exercises are simulation only and do not involve
detonations. BT-9 standard operating procedures limit live ordnance
deliveries to a maximum explosive weight of 100 lbs TNT equivalent.
Based on 2007 data, the USMC would conduct approximately 1,539
aircraft-based and 165 vessel-based sorties, annually, at BT-9. The
standard sortie consists of two aircraft per bombing run or an average
of two and maximum of six vessels.
BT-11 is a 50.6 square kilometers (sq km) (19.5 square miles [sq
mi]) complex of land- and water-based targets on Piney Island. The BT-
11 target area ranges in depth from 0.3 m along the shoreline to 3.1 m
in the center of Rattan Bay (BA 2001). The in-water stationary targets
of BT-11 consist of a barge and patrol (PT) boat located in roughly the
center of Rattan Bay. The barge target is approximately 135 ft by 40 ft
in dimension. The PT boat is approximately 110 ft by 35 ft in
[[Page 32400]]
dimension. Water depths in the center of Rattan Bay are estimated as
2.4 to 3 m (8 to 10 ft) with bottom depths ranging from 0.3 to 1.5 m (1
to 5 ft) adjacent to the shoreline of Piney Island. A shallow ledge,
with substrate expected to be hard-packed to hard bottom, surrounds
Piney Island. No live firing occurs at BT-11; all munitions used are
inert, non-explosive practice rounds. Only 36 percent of all munitions
fired at BT-11 occur over water; the remaining munitions are fired to
land based targets on Piney Island. Based on 2007 data, the USMC would
conduct approximately 6,727 aircraft-based and 51 vessel-based sorties,
annually, at BT-11.
All inert and live-fire exercises at MCAS Cherry Point ranges are
conducted so that all ammunition and other ordnances strike and/or fall
on the land or water based target or within the existing danger zones
or water restricted areas. A danger zone is a defined water area that
is closed to the public on an intermittent or full-time basis for use
by military forces for hazardous operations such as target practice and
ordnance firing. A water restricted area is a defined water area where
public access is prohibited or limited in order to provide security for
Government property and/or to protect the public from the risks of
injury or damage that could occur from the government's use of that
area (33 CFR 334.2). Surface danger zones are designated areas of
rocket firing, target practice, or other hazardous operations (33 CFR
334.420). The surface danger zone (prohibited area) for BT-9 is a 4.8
km radius centered on the south side of Brant Island Shoal. The surface
danger zone for BT-11 is a 2.9 km radius centered on a barge target in
Rattan Bay.
According to the application, the USMC is requesting take of marine
mammals incidental to specified activities at MCAS Cherry Point Range
Complex, located within Pamlico Sound, North Carolina. These activities
include gunnery; mine laying; bombing; or rocket exercises and are
classified into two categories here based on delivery method: (1)
Surface-to-surface gunnery and (2) air-to-surface bombing. Exercises
may occur year round, day or night (approximately 15 percent of
training occurs at night).
Surface-to-Surface Gunnery Exercises
Surface-to-surface fires are fires from boats at sea to targets at
sea. These can be direct (targets are within sight) or indirect
(targets are not within sight). Gunnery exercise employing only direct
fire is the only category of surface-to-surface activity currently
conducted within the MCAS Cherry Point BTs. An average of two and
maximum of six small boats (24-85 ft), or fleet of boats, typically
operated by Special Boat Team personnel, use a machine gun to attack
and disable or destroy a surface target that simulates another ship,
boat, swimmer, floating mine or near shore land targets. Vessels travel
between 0-20 kts with an average of two vessels actually conducting
surface-to-surface firing activities. Typical munitions are 7.62
millimeter (mm) or .50 caliber (cal) machine guns; and/or 40 mm Grenade
machine guns. This exercise is usually a live-fire exercise, but at
times blanks may be used so that the boat crews can practice their ship
handling skills. The goal of training is to hit the targets; however,
some munitions may bounce off the targets and land in the water or miss
the target entirely. Additionally, G911 Concussion hand grenades (inert
and live) are used; however, these are not aimed at targets, as the
goal is to learn how to throw them into the water.
The estimated amount of munitions expended at BT-9 and BT-11 during
this training can be found in Table 1 below. In 2007, a total of 216
boat sorties were conducted at BT-9 and BT-11 year round with equal
distribution of training effort throughout the seasons. Live fires
constitute approximately 90 percent of all surface-to-surface gunnery
events. The majority of sorties originated and practiced at BT-9 as no
live fire is conducted at BT-11. The USMC has indicated a comparable
number of sorties would occur throughout the IHA timeframe. There is no
specific schedule associated with the use of ranges by the small boat
teams. However, exercises tend to be scheduled for 5-day blocks with
exercises at various times throughout that timeframe. There is no
specific time of year or month training occurs as variables such as
deployment status, range availability, and completion of crew specific
training requirements influence schedules.
A number of different types of boats are used during surface-to-
surface exercises depending on the unit using the boat and their
mission and include versions of Small Unit River Craft, Combat Rubber
Raiding Craft, Rigid Hull Inflatable Boats, Patrol Craft. They are
inboard or outboard, diesel or gasoline engines with either propeller
or water jet propulsion. Boat crews approach, at a maximum of 20 kts,
and engage targets simulating other boats, swimmers, floating mines, or
near shore land targets with 7.62 mm or .50 cal machine guns; 40 mm
grenade machine guns; or M3A2 Concussion hand grenades (approximately
200, 800, 10, and 10 rounds respectively). Vessels typically travel in
linear paths and do not operate erratically. Other vessels may be
located within the BTs; however, these are support craft and do not
participate in munitions expenditures. The purpose of the support craft
is to remotely control High Speed Maneuvering Surface Targets (HSMSTs)
or to conduct maintenance on electronic equipment located in the towers
at BT-9. Support craft are typically anchored or tied to marker pilings
during HSMST operations or tied to equipment towers. When underway,
vessels do not typically travel faster than 12-18 kts or in an erratic
manner.
Table 1--Type and Amount of Munitions Expended at BT-9 and BT-11 During Surface-to-Surface Exercises
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Annual No. Munitions
Range of sorties Munitions type expended
\1\ annually
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BT-9.......................................... 165 5.56 mm............................... 1,468
........... 7.62 mm............................... 218,500
........... .50 cal............................... 166,900
........... 40 mm Grenade--Inert.................. 15,734
........... 40 mm Grenade--Live (HE).............. 9,472
........... G911 Grenade.......................... 144
BT-11......................................... 51 7.62 mm............................... 44,100
........... .40 cal............................... 4,600
........... 40 mm Grenade--Inert.................. 1,517
[[Page 32401]]
........... 40 mm Illumination--Inert............. 9
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\1\ Sorties are from FY 2007 CURRS data.
Air-to-Surface
Air-to-surface training involves ordnance delivered from aircraft
and aimed at targets on the water's surface or on land in the case of
BT-11. A description of the types of targets used at MCAS Cherry Point
is provided in the section on BTs above. There are four types of air-
to-surface activities conducted within the MCAS Cherry Point BTs: Mine
laying; bombing; gunnery or rocket exercises which are carried out via
fixed wing or rotary wing aircraft.
Mine Laying Exercises
Mine Warfare (MIW) includes the strategic, operational, and
tactical use of mines and mine countermine measures. MIW is divided
into two basic subdivisions: (a) The laying of mines to degrade the
enemy's capabilities to wage land, air, and maritime warfare, and (b)
the countering of enemy-laid mines to permit friendly maneuver or use
of selected land or sea areas (DoN, 2007). MCAS Cherry Point would only
engage in mine laying exercises as described below. No detonations of
any mine device are involved with this training.
During mine laying, a fixed-wing or maritime patrol aircraft (P-3
or P-8) typically drops a series of about four inert mine shapes in an
offensive or defensive pattern, making multiple passes along a pre-
determined flight azimuth, and dropping one or more shapes each time.
Mine simulation shapes include MK76, MK80 series, and BDU practice
bombs ranging from 25 to 2,000 pounds in weight. There is an attempt to
fly undetected to the area where the mines are laid with either a low
or high altitude tactic flight. The shapes are scored for accuracy as
they enter the water and the aircrew is later debriefed on their
performance. The training shapes are inert (no detonations occur) and
expendable. Mine laying operations are regularly conducted in the water
in the vicinity of BT-9.
Bombing Exercises
The purpose of bombing exercises is to train pilots in destroying
or disabling enemy ships or boats. During training, fixed wing or
rotary wing aircraft deliver bombs against surface maritime targets at
BT-9 or BT-11, day or night, using either unguided or precision-guided
munitions. Unguided munitions include MK-76 and BDU-45 inert training
bombs, and MK-80 series of inert bombs (no cluster munitions
authorized). Precision-guided munitions consist of laser-guided bombs
(inert) and laser-guided training rounds (inert). Typically, two
aircraft approach the target (principally BT-9) from an altitude of
approximately 914 m (3,000 ft) up to 4,572 m (15,000 ft) and, when on
an established range, the aircraft adhere to designated ingress and
egress routes. Typical bomb release altitude is 914 m (3,000 ft) for
unguided munitions or above 4,572 m (15,000 ft) and in excess of 1.8 km
(1 nm) for precision-guided munitions. However, the lowest minimum
altitude for ordnance delivery (inert bombs) would be 152 m (500 ft).
Onboard laser designators or laser designators from a support
aircraft or ground support personnel are used to illuminate certified
targets for use when using laser guided weapons. Due to target
maintenance issues, live bombs have not been dropped at the BT-9
targets for the past few years although these munitions are authorized
for use. For the effective IHA timeframe, no live bombs would be
utilized. Live rockets and grenades; however, have been expended at BT-
9.
Air-to-Surface bombing exercises have the potential to occur on a
daily basis. The standard sortie consists of two aircraft per bombing
run. The frequency of these exercises is dependent on squadron level
training requirements, deployment status, and range availability;
therefore, there is no set pattern or specific time of year or month
when this training occurs. Normal operating hours for the range are
0800-2300, Monday through Friday; however, the range is available for
use 365 days per year.
Rocket Exercises
Rocket exercises are carried out similar to bombing exercises.
Fixed- and rotary-wing aircraft crews launch rockets at surface
maritime targets, day and night, to train for destroying or disabling
enemy ships or boats. These operations employ 2.75-inch and 5-inch
rockets.
The average number of rockets delivered per sortie is approximately
14. As with the bombing exercise, there is no set level or pattern of
amount of sorties conducted.
Gunnery Exercises
During gunnery training, fixed- and rotary-wing aircraft expend
smaller munitions targeted at the BTs with the purpose of hitting them.
However, some small arms may land in the water. Rotary wing exercises
involve either CH-53, UH-1, CH-46, MV-22, or H-60 rotary-wing aircraft
with mounted 7.62 mm or .50 cal machine guns. Each gunner expends
approximately 800 rounds of 7.62 mm and 200 rounds of .50 cal
ammunition in each exercise. These may be live or inert.
Fixed wing gunnery exercises involve the flight of two aircraft
that begin to descend to the target from an altitude of approximately
914 meters (m) (3,000 feet [ft]) while still several miles away. Within
a distance of 1,219 m (4,000 ft) from the target, each aircraft fires a
burst of approximately 30 rounds before reaching an altitude of 305 m
(1,000 ft), then breaks off and repositions for another strafing run
until each aircraft expends its exercise ordnance allowance of
approximately 250 rounds. In total, about 8-12 passes are made by each
aircraft per exercise. Typically these fixed wing exercise events
involve an F/A-18 and AH-1 with Vulcan M61A1/A2, 20 mm cannon; AV-8
with GAU-12, 25 mm cannon.
Munition Descriptions
A complete list of the ordnance authorized for use at BT-9 and BT-
11 can be found in Tables 2 and 3, respectively. There are several
varieties and net explosive weights (for live munition used at BT-9)
can vary according to the variety. All practice bombs are inert and
used to simulate the same ballistic properties of service type bombs.
They are manufactured as either solid cast metal bodies or thin sheet
metal containers. Since practice bombs contain no explosive filler, a
practice bomb signal cartridge (smoke) is used for visual observation
of weapon target
[[Page 32402]]
impact. Practice bombs provide a low cost training device for pilot and
ground handling crews. Due to the relatively small amount of explosive
material in practice bombs (small signal charge), the availability of
ranges for training is greatly increased.
When a high explosive detonates, it is converted almost instantly
into a gas at very high pressure and temperature. Under the pressure of
the gases thus generated, the weapon case expands and breaks into
fragments. The air surrounding the casing is compressed and shock
(blast) wave is transmitted into it. Typical initial values for a high-
explosive weapon are 200 kilobars of pressure (1 bar = 1 atmosphere)
and 5,000 degrees Celsius. There are five types of explosive sources
used at BT-9: 2.75'' Rocket High Explosives, 5'' Rocket High
Explosives, 30 mm High Explosives, 40 mm High Explosives, and G911
grenades. No live munitions are used at BT-11.
Table 2--Description of Munitions Used at BT-9
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Ordnance Description Net explosive weight
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MK 76 Practice Bomb (inert).......... 25-pound teardrop- (of signal cartridge) varies, maximum 0.083800
shaped cast metal lbs.
bomb, with a bore tube
for installation of a
signal cartridge.
BDU 33 Practice Bomb (inert)......... Air Force MK 76 same as above.
practice bomb.
BDU 48 Practice Bomb (inert)......... 10-pound metal same as above.
cylindrical bomb body
with a bore tube for
installation of a
signal cartridge.
BDU 45 Practice Bomb (inert)......... 500-pound metal bomb (of signal cartridges) total 0.1676 lbs.
either sand or water
filled. Two signal
cartridges.
BDU 50 Practice Bomb (inert)......... 500-pound metal bomb same as above.
either sand or water
filled. Two signal
cartridges.
MK 81 Practice Bomb (inert).......... 250-pound bomb......... 0
MK 82 Practice Bomb (inert).......... 500-pound bomb......... 0
MK 83 Practice Bomb (inert).......... 1000-pound bomb 0.1676 lbs.
configured like BDU 45.
MK 84 Practice Bomb (inert) (special 2000-pound bomb 0.1676 lbs.
exception use only). configured like BDU 45.
2.75-inch (inert).................... Unguided 2.75 inch 0
diameter rocket.
5-inch Zuni (inert).................. Unguided 5 inch 0
diameter rocket.
5-inch Zuni (live)................... Unguided 5-inch 15 lbs.
diameter rocket.
2.75wp (inert)....................... 2.75-inch rocket 0
containing white
phosphorous.
2.75HE............................... High Explosive, 2.75 4.8 lbs.
inch rocket.
0.50 cal (inert)..................... Machine gun rounds..... 0
7.62 mm (inert)......................
20 mm (inert)........................
25 mm (inert)........................
30 mm (inert)........................
40 mm (inert)........................
25 mm HE (live)...................... High Explosive 0.269 lbs.
Incendiary, Live
machine gun rounds.
Self Protection Flare................ Aerial flare........... 0
Chaff................................ 18-pound chaff canister 0
LUU-2................................ 30-pound high intensity 0
illumination flare.
Laser Guided Training Round (LGTR) 89-pound inert training 0
(inert). bomblet.
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Table 3--Description of Munitions Used at BT-11
------------------------------------------------------------------------
Ordnance Description
------------------------------------------------------------------------
MK 76 Practice Bomb............... 25-pound teardrop-shaped cast metal
bomb body, with a bore tube for
installation of a signal cartridge.
BDU 33 Practice Bomb.............. Air Force designation for MK 76
practice bomb.
BDU 48 Practice Bomb.............. 10-pound metal cylindrical bomb body
with a bore tube for installation
of a signal cartridge.
BDU 45 Practice Bomb.............. 500-pound metal bomb body either
sand or water filled. Configured
with either low drag conical tail
fins or high drag tail fins for
retarded weapons delivery. Two
signal cartridges installed.
MK 81 Practice Bomb............... 250-pound inert bomb.
MK 82 Practice Bomb............... 500-pound inert bomb.
2.75-inch......................... Unguided 2.75 inch diameter rocket.
5-inch Zuni....................... 5 inch diameter rocket.
WP-2.75-inch...................... White phosphorous 7-pound rocket.
0.50 cal.......................... Inert machine gun rounds.
7.62 mm...........................
5.56 mm...........................
20 mm.............................
30 mm.............................
40 mm.............................
TOW............................... Wire guided 56-pound anti-tank
missile.
Self Protection Flare............. Aerial flare.
SMD SAMS.......................... 1.5-pound smoking flare.
LUU-2............................. 30-pound high-intensity illumination
flare.
Laser Guided Training Round (LGTR) 89-pound inert training bomblet.
------------------------------------------------------------------------
[[Page 32403]]
The amounts of all ordnance to be expended at BT-9 and BT-11 (both
surface-to-surface and air-to-surface) are 897,932 and 1,109,955
rounds, respectively (see Table 4 and 5 below).
Table 4--Amount of Live and Inert Munitions Expended at BT-9 per Year
----------------------------------------------------------------------------------------------------------------
Proposed number of explosive
Proposed munitions \1\ Proposed total rounds having an impact on the Net explosive
number of rounds water weight (lb)
----------------------------------------------------------------------------------------------------------------
Small Arms Rounds Excluding .50 cal......... 525,610 N/A........................... N/A
.50 Cal..................................... 257,067 N/A........................... N/A
Large Arms Rounds--Live..................... 12,592 30 mm HE: 3,120............... 0.1019
................ 40 mm HE: 9,472 0.1199
Large Arms Rounds--Inert.................... 93,024 N/A........................... N/A
Rockets--Live............................... 241 2.75'' Rocket: 184............ 4.8
5'' Rocket: 57................ 15.0
Rockets--Inert.............................. 703 N/A........................... N/A
Bombs and Grenades--Live.................... 144 G911 Grenade: 144............. 0.5
Bombs and Grenades--Inert................... 4,055 N/A........................... N/A
Pyrotechnics................................ 4,496 N/A........................... N/A
-------------------------------------------------------------------
Total................................... 897,932 12,977........................ N/A
----------------------------------------------------------------------------------------------------------------
\1\ Munitions may be expended from aircraft or small boats.
Table 5--Amount of Inert Munitions Expended at BT-11
------------------------------------------------------------------------
Proposed total
Proposed munitions \1\ number of rounds
\2\
------------------------------------------------------------------------
Small Arms Rounds Excluding .50 Cal................... 507,812
.50 Cal............................................... 326,234
Large Arms Rounds..................................... 240,334
Rockets............................................... 4,549
Bombs and Grenades.................................... 22,114
Pyrotechnics.......................................... 8,912
-----------------
Total............................................. 1,109,955
------------------------------------------------------------------------
\1\ Munitions may be expended from aircraft or small boats.
\2\ Munitions estimated using FY 2007 CURRS data on a per sortie-
operation basis.
Description of Marine Mammals in the Area of the Specified Activity
Forty marine mammal species occur within the nearshore and offshore
waters of North Carolina; however, the majority of these species are
solely oceanic in distribution. Only one marine mammal species, the
bottlenose dolphin, has been repeatedly sighted in Pamlico Sound, while
an additional species, the endangered West Indian manatee (Trichechus
manatus), has been sighted rarely (Lefebvre et al., 2001; DoN 2003).
The U.S. Fish and Wildlife Service oversees management of the manatee;
therefore, authorization to harass manatees would not be included in
any NMFS' authorization and will not be discussed further.
No sightings of the endangered North Atlantic right whale
(Eubalaena glacialis) or other large whales have been observed within
Pamlico Sound or in vicinity of the BTs (Kenney 2006). No suitable
habitat exists for these species in the shallow Pamlico Sound or BT
vicinity; therefore, whales would not be affected by the specified
activities and will not be discussed further. Other dolphins, such as
Atlantic spotted (Stenella frontalis) and common dolphins (Delphinus
delphis), are oceanic in distribution and do not venture into the
shallow, brackish waters of southern Pamlico Sound. Therefore, the
specified activity has the potential to affect one marine mammal
species under NMFS' jurisdiction: the bottlenose dolphin.
Coastal (or nearshore) and offshore stocks of bottlenose dolphins
in the Western North Atlantic can be distinguished by genetics, diet,
blood characteristics, and outward appearance (Duffield et al., 1983;
Hersh and Duffield, 1990; Mead and Potter, 1995; Curry and Smith,
1997). Initially, a single stock of coastal morphotype bottlenose
dolphins was thought to migrate seasonally between New Jersey (summer
months) and central Florida based on seasonal patterns in strandings
during a large scale mortality event occurring during 1987-1988 (Scott
et al., 1988). However, re-analysis of stranding data (McLellan et al.,
2003) and extensive analysis of genetic, photo-identification,
satellite telemetry, and stable isotope studies demonstrate a complex
mosaic of coastal bottlenose dolphin stocks (NMFS 2001) which may be
migratory or resident (they do not migrate and occur within an area
year round). Four out of the seven designated coastal stocks may occur
in North Carolina waters at some part of the year: the Northern
Migratory stock (NM; winter); the Southern Migratory stock (SM;
winter); the Northern North Carolina Estuarine stock (NNCE; resident,
year round); and the more recently identified Southern North Carolina
stock (SNC; resident, year round). Stable isotope depleted oxygen
signature (hypoxic conditions routinely develops during summer in North
Carolina waters) (Cortese, 2000), satellite telemetry, and photo-
identification (NMFS, 2001) support stock structure analysis. Dolphins
encountered at the BTs likely belong to the NNCE and SNC stock;
however, this may not always be the case. NMFS' 2008 stock assessment
report provides further detail on stock delineation. All stocks
discussed here are considered depleted under the MMPA (Waring et al.,
2007).
NMFS provides abundance estimates for the four aforementioned
migratory and resident coastal stocks in its 2008 stock assessment
report; however, these estimates are based solely from summer aerial
surveys. The size of the NNCE stock is technically considered
``unknown''; however, Read et al., (2003) provided a population
estimate of 919 (95 percent CI 730-1,190) (Waring et al., 2009). The
population estimate for the SNC stock is 4,818, respectively. From July
2004 through April 2006, the NMFS' SEFSC conducted 41 aerial surveys to
document the seasonal distribution and estimated density of sea turtles
and dolphins within Core Sound and portions of Pamlico Sound, and
coastal waters extending one mile offshore (Goodman et al., 2007).
Pamlico Sound was divided into two survey areas: western (encompassing
BT-9 and BT-11) and eastern (including Core Sound and the eastern
portion of restricted air space R-5306). In total, 281 dolphins were
sighted in the western range. To account for animals likely missed
during sightings (i.e.,
[[Page 32404]]
those below the surface), Goodman et al. (2007) estimate that, in
reality, 415 dolphins were present. Densities for bottlenose dolphins
in the western part of Pamlico Sound were calculated to be 0.0272/km\2\
in winter; 0.2158/km\2\ in autumn; 0.0371/km\2\ in summer; and 0.0946/
km\2\ in summer (Goodman et al., 2007). Dolphins were sighted
throughout the entire range when mean sea surface temperature (SST) was
7.60 [deg]C to 30.82 [deg]C, with fewer dolphins sighted as water
temperatures increased. Like in Mayer (2003), dolphins were found in
higher numbers around BT-11, a range where no live firing occurs.
In 2000, Duke University Marine Lab (DUML), conducted a boat-based
mark-recapture survey throughout the estuaries, bays and sounds of
North Carolina (Read et al., 2003). This summer survey yielded a
dolphin density of 0.183/km\2\ (0.071 mi;\2\) based on an estimate of
919 dolphins for the northern inshore waters divided by an estimated
5,015 km\2\ (1,936 mi\2\) survey area. Additionally, from July 2002-
June 2003, the USMC supported DUML to conduct dolphin surveys
specifically in and around BT-9 and BT-11. During these surveys, one
sighting in the restricted area surrounding BT-9 and two sightings in
proximity to BT-11 were observed, as well as seven sightings in waters
adjacent to the BTs. In total, 276 bottlenose dolphins were sighted
ranging in group size from two to 70 animals with mean dolphin density
in BT-11 more than twice as large as the density of any of the other
areas; however, the daily densities were not significantly different
(Maher, 2003). Estimated dolphin density at BT-9 and BT-11 based on
these surveys were calculated to be 0.11 dolphins/km\2\, and 1.23
dolphins/km\2\, respectively, based on boat surveys conducted from July
2002 through June 2003 (excluding April, May, Sept. and Jan.). However,
the USMC choose to estimate take of dolphins based on the higher
density reported from the summer 2000 surveys (0.183/km\2\). Although
the aerial surveys were conducted year round and therefore provide for
seasonal density estimates, the average year-round density from the
aerial surveys is 0.0936, lower than the 0.183/km\2\ density chosen to
calculate take for purposes of this MMPA authorization. Additionally,
Goodman et al. (2007) acknowledged that boat based density estimates
may be more accurate than the uncorrected estimates derived from the
aerial surveys.
In Pamlico Sound, bottlenose dolphins concentrate in shallow water
habitats along shorelines, and few, if any, individuals are present in
the central portions of the sounds (Gannon, 2003; Read et al., 2003a,
2003b). The dolphins utilize shallow habitats, such as tributary creeks
and the edges of the Neuse River, where the bottom depth is less than
3.5 m (Gannon, 2003). Fine-scale distribution of dolphins seems to
relate to the presence of topography or vertical structure, such as the
steeply-sloping bottom near the shore and oyster reefs, which may be
used to facilitate prey capture (Gannon, 2003). Results of a passive
acoustic monitoring effort conducted from 2006-2007 by Duke University
researchers validated this information. Vocalizations of dolphins in
the BT-11 vicinity were higher in August and September than
vocalization detection at BT-9, an open water area (Read et al., 2007).
Additionally, detected vocalizations of dolphins were more frequent at
night for the BT-9 area and during early morning hours at BT-11.
Unlike migrating whales which display strong temporal foraging and
mating/birthing periods, many bottlenose dolphins in Pamlico Sound are
residents and mate year round. However, dolphins in the southeast U.S.
do display some reproductive seasonality. Based on neonate stranding
records, sighting data, and births by known females, the populations of
dolphins that frequent the North Carolina estuarine waters have calving
peaks in spring but calving continues throughout the summer and is
followed by a smaller number of fall births (Thayer et al., 2003).
Bottlenose dolphins can typically hear within a broad frequency
range of 0.04 to 160 kHz (Au, 1993; Turl, 1993). Electrophysiological
experiments suggest that the bottlenose dolphin brain has a dual
analysis system: one specialized for ultrasonic clicks and another for
lower-frequency sounds, such as whistles (Ridgway, 2000). Scientists
have reported a range of highest sensitivity between 25 and 70 kHz,
with peaks in sensitivity at 25 and 50 kHz (Nachtigall et al., 2000).
Recent research on the same individuals indicates that auditory
thresholds obtained by electrophysiological methods correlate well with
those obtained in behavior studies, except at some lower (10 kHz) and
higher (80 and 100 kHz) frequencies (Finneran and Houser, 2006).
Sounds emitted by bottlenose dolphins have been classified into two
broad categories: pulsed sounds (including clicks and burst-pulses) and
narrow-band continuous sounds (whistles), which usually are frequency
modulated. Clicks have a dominant frequency range of 110 to 130
kiloHertz (kHz) and a source level of 218 to 228 dB re 1 [mu]Pa (peak-
to-peak) (Au, 1993) and 3.4 to 14.5 kHz at 125 to 173 dB re 1 [mu]Pa
(peak-to-peak) (Ketten, 1998). Whistles are primarily associated with
communication and can serve to identify specific individuals (i.e.,
signature whistles) (Caldwell and Caldwell, 1965; Janik et al., 2006).
Up to 52 percent of whistles produced by bottlenose dolphin groups with
mother-calf pairs can be classified as signature whistles (Cook et al.,
2004). Sound production is also influenced by group type (single or
multiple individuals), habitat, and behavior (Nowacek, 2005). Bray
calls (low-frequency vocalizations; majority of energy below 4 kHz),
for example, are used when capturing fish, specifically sea trout
(Salmo trutta) and Atlantic salmon (Salmo salar), in some regions
(i.e., Moray Firth, Scotland) (Janik, 2000). Additionally, whistle
production has been observed to increase while feeding (Acevedo-
Guti[eacute]rrez and Stienessen, 2004; Cook et al., 2004).
Potential Effects on Marine Mammals
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].
According the application, the USMC has concluded that harassment
to marine mammals may occur incidental to munitions firing noise and
pressure at the BTs. These military readiness activities would result
in increased noise levels, explosions, and munition debris within
bottlenose dolphin habitat. NMFS also considered the potential for
harassment from vessel and aircraft operation. The USMC's and NMFS'
analysis of potential impacts from these factors are outlined below.
Anthropogenic Sound
Marine mammals respond to various types of anthropogenic sounds
introduced in the ocean environment. Responses are highly variable and
depend on a suite of internal and external factors which in turn
results in varying degrees of significance (NRC, 2003; Southall et al.,
2007). Internal
[[Page 32405]]
factors include: (1) Individual hearing sensitivity, activity pattern,
and motivational and behavioral state (e.g., feeding, traveling) at the
time it receives the stimulus; (2) past exposure of the animal to the
noise, which may lead to habituation or sensitization; (3) individual
noise tolerance; and (4) demographic factors such as age, sex, and
presence of dependent offspring. External factors include: (1) Non-
acoustic characteristics of the sound source (e.g., if it is moving or
stationary); (2) environmental variables (e.g., substrate) which
influence sound transmission; and (3) habitat characteristics and
location (e.g., open ocean vs. confined area). To determine whether an
animal perceives the sound, the received level, frequency, and duration
of the sound are compared to ambient noise levels and the species'
hearing sensitivity range. That is, if the frequency of an introduced
sound is outside of the species' frequency hearing range, it can not be
heard. Similarly, if the frequency is on the upper or lower end of the
species hearing range, the sound must be louder in order to be heard.
Marine mammal responses to anthropogenic noise are typically subtle
and can include visible and acoustic reactions such as avoidance,
altered dive patterns and cessation of pre-exposure activities and
vocalization reactions such as increasing or decreasing call rates or
shifting call frequency. Responses can also be unobservable, such as
stress hormone production and auditory trauma or fatigue. It is not
always known how these behavioral and physiological responses relate to
significant effects (e.g., long-term effects or individual/population
consequences); however, individuals and populations can be monitored to
provide some insight into the consequences of exposing marine mammals
to noise. For example, Haviland-Howell et al (2007) compared sighting
rates of bottlenose dolphins within the Wilmington, NC stretch of the
Atlantic Intracoastal Waterway (ICW) on weekends, when recreational
vessel traffic was high, to weekdays, when vessel traffic was
relatively minimal. The authors found that dolphins were less often
sighted in the ICW during times of increased boat traffic (i.e., on
weekends) and theorized that because vessel noise falls within the
frequencies of dolphin communication whistles and primary energy of
most fish vocalizations, the continuous vessel traffic along that
stretch of the ICW could result in social and foraging impacts.
However, the extent to which these impacts affect individual health and
population structure is unknown.
A full assessment of marine mammal responses and disturbances when
exposed to anthropogenic sound can be found in NMFS' proposed
rulemaking for the Navy Cherry Point Range Complex (74 FR 11057, March
16, 2009). In summary, sound exposure may result in physiological
impacts, stress responses, and behavioral responses which could affect
proximate or ultimate life functions. Proximate life history functions
are the functions that the animal is engaged in at the time of acoustic
exposure. The ultimate life functions are those that enable an animal
to contribute to the population (or stock, or species, etc.).
I. Physiology-Hearing Threshold Shift
In mammals, high-intensity sound may rupture the eardrum, damage
the small bones in the middle ear, or over stimulate the
electromechanical hair cells that convert the fluid motions caused by
sound into neural impulses that are sent to the brain. Lower level
exposures may cause a loss of hearing sensitivity, termed a threshold
shift (TS) (Miller, 1974). Incidence of TS may be either permanent,
referred to as permanent threshold shift (PTS), or temporary, referred
to as temporary threshold shift (TTS). The amplitude, duration,
frequency, and temporal pattern, and energy distribution of sound
exposure all affect the amount of associated TS and the frequency range
in which it occurs. As amplitude and duration of sound exposure
increase, generally, so does the amount of TS and recovery time. Human
non-impulsive noise exposure guidelines are based on exposures of equal
energy (the same SEL) producing equal amounts of hearing impairment
regardless of how the sound energy is distributed in time (NIOSH 1998).
Until recently, previous marine mammal TTS studies have also generally
supported this equal energy relationship (Southall et al., 2007). Three
newer studies, two by Mooney et al. (2009a, 2009b) on a single
bottlenose dolphin either exposed to playbacks of Navy MFAS or octave-
band noise (4-8 kHz) and one by Kastak et al. (2007) on a single
California sea lion exposed to airborne octave-band noise (centered at
2.5 kHz), concluded that for all noise exposure situations the equal
energy relationship may not be the best indicator to predict TTS onset
levels. Generally, with sound exposures of equal energy, those that
were quieter (lower sound pressure level [SPL]) with longer duration
were found to induce TTS onset more than those of louder (higher SPL)
and shorter duration (more similar to noise from AS Cherry Point
exercises). For intermittent sounds, less TS will occur than from a
continuous exposure with the same energy (some recovery will occur
between exposures) (Kryter et al., 1966; Ward, 1997). Additionally,
though TTS is temporary, very prolonged exposure to sound strong enough
to elicit TTS, or shorter-term exposure to sound levels well above the
TTS threshold, can cause PTS, at least in terrestrial mammals (Kryter,
1985). However, these studies highlight the inherent complexity of
predicting TTS onset in marine mammals, as well as the importance of
considering exposure duration when assessing potential impacts.
PTS consists of non-recoverable physical damage to the sound
receptors in the ear, which can include total or partial deafness, or
an impaired ability to hear sounds in specific frequency ranges; PTS is
considered Level A harassment. TTS is recoverable and is considered to
result from temporary, non-injurious impacts to hearing-related
tissues; TTS is considered Level B harassment.
Permanent Threshold Shift
Auditory trauma represents direct mechanical injury to hearing
related structures, including tympanic membrane rupture,
disarticulation of the middle ear ossicles, and trauma to the inner ear
structures such as the organ of Corti and the associated hair cells.
Auditory trauma is irreversible and considered to be an injury that
could result in PTS. PTS results from exposure to intense sounds that
cause a permanent loss of inner or outer cochlear hair cells or exceed
the elastic limits of certain tissues and membranes in the middle and
inner ears and result in changes in the chemical composition of the
inner ear fluids. In some cases, there can be total or partial deafness
across all frequencies, whereas in other cases, the animal has an
impaired ability to hear sounds in specific frequency ranges. There is
no empirical data for onset of PTS in any marine mammal, and therefore,
PTS- onset must be estimated from TTS-onset measurements and from the
rate of TTS growth with increasing exposure levels above the level
eliciting TTS-onset. PTS is presumed to be likely if the hearing
threshold is reduced by >= 40 dB (i.e., 40 dB of TTS). Relationships
between TTS and PTS thresholds have not been studied in marine mammals,
but are assumed to be similar to those in humans and other terrestrial
mammals.
[[Page 32406]]
Temporary Threshold Shift
TTS is the mildest form of hearing impairment that can occur during
exposure to a loud sound (Kryter, 1985). 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 as Level
B Harassment, not Level A Harassment (injury); however, NMFS does not
consider the onset of TTS to be the lowest level at which Level B
Harassment may occur (see III. Behavior section below).
Southall et al. (2007) considers a 6 dB TTS (i.e., baseline hearing
thresholds are elevated by 6 dB) sufficient to be recognized as an
unequivocal deviation and thus a sufficient definition of TTS onset.
TTS in bottlenose dolphin hearing have been experimentally induced. For
example, Finneran et al. (2002) exposed a trained captive bottlenose
dolphin to a seismic watergun simulator with a single acoustic pulse.
No TTS was observed in the dolphin at the highest exposure condition
(peak: 207 kPa [30psi]; peak-to-peak: 228 dB re: 1 microPa; SEL: 188 dB
re 1 microPa\2\-s). Schludt et al. (2000) demonstrated temporary shifts
in masked hearing thresholds in five bottlenose dolphins occurring
generally between 192 and 201 dB rms (192 and 201 dB SEL) after
exposure to intense, non-pulse, 1-s tones at, 3kHz, 10kHz, and 20 kHz.
TTS onset occurred at mean sound exposure level of 195 dB rms (195 dB
SEL). At 0.4 kHz, no subjects exhibited threshold shifts after SPL
exposures of 193dB re: 1 microPa (192 dB re: 1 microPa\2\-s). In the
same study, at 75 kHz, one dolphin exhibited a TTS after exposure at
182 dB SPL re: 1 microPa but not at higher exposure levels. Another
dolphin experienced no threshold shift after exposure to maximum SPL
levels of 193 dB re: 1 microPa at the same frequency. Frequencies of
explosives used at MCAS Cherry Point range from 1-25 kHz; the range
where dolphin TTS onset occurred at 195 dB rms in the Schludt et al.
(2000) study.
Preliminary research indicates that TTS and recovery after noise
exposure are frequency dependent and that an inverse relationship
exists between exposure time and sound pressure level associated with
exposure (Mooney et al., 2005; Mooney, 2006). For example, Nachtigall
et al. (2003) measured TTS in a bottlenose dolphin and found an average
11 dB shift following a 30 minute net exposure to OBN at a 7.5 kHz
center frequency (max SPL of 179 dB re: 1 microPa; SEL: 212- 214 dB
re:1 microPa\2\-s). No TTS was observed after exposure to the same
duration and frequency noise with maximum SPLs of 165 and 171 dB re:1
microPa. After 50 minutes of exposure to the same 7.5 kHz frequency
OBN, Natchigall et al. (2004) measured a 4 -8 dB shift (max SPL: 160dB
re 1microPa; SEL: 193-195 dB re:1 microPa\2\-s). Finneran et al. (2005)
concluded that a sound exposure level of 195 dB re 1 [mu]Pa\2\-s is a
reasonable threshold for the onset of TTS in bottlenose dolphins
exposed to mid-frequency tones.
II. Stress Response
An acoustic source is considered a potential stressor if, by its
action on the animal, via auditory or non-auditory means, it may
produce a stress response in the animal. Here, the stress response will
refer to an increase in energetic expenditure that results from
exposure to the stressor and which is predominantly characterized by
either the stimulation of the sympathetic nervous system (SNS) or the
hypothalamic-pituitary-adrenal (HPA) axis (Reeder and Kramer, 2005).
The SNS response to a stressor is immediate and acute and is
characterized by the release of the catecholamine neurohormones
norepinephrine and epinephrine (i.e., adrenaline). These hormones
produce elevations in the heart and respiration rate, increase
awareness, and increase the availability of glucose and lipids for
energy. The HPA response is ultimately defined by increases in the
secretion of the glucocorticoid steroid hormones, predominantly
cortisol in mammals. The presence and magnitude of a stress response in
an animal depends on a number of factors. These include the animal's
life history stage (e.g., neonate, juvenile, adult), the environmental
conditions, reproductive or developmental state, and experience with
the stressor. Not only will these factors be subject to individual
variation, but they will also vary within an individual over time. The
stress response may or may not result in a behavioral change, depending
on the characteristics of the exposed animal. However, provided a
stress response occurs, we assume that some contribution is made to the
animal's allostatic load. Any immediate effect of exposure that
produces an injury is assumed to also produce a stress response and
contribute to the allostatic load. Allostasis is the ability of an
animal to maintain stability through change by adjusting its physiology
in response to both predictable and unpredictable events (McEwen and
Wingfield, 2003). If the acoustic source does not produce tissue
effects, is not perceived by the animal, or does not produce a stress
response by any other means, we assume that the exposure does not
contribute to the allostatic load. Additionally, without a stress
response or auditory masking, it is assumed that there can be no
behavioral change.
III. Behavior
Changes in marine mammal behavior in response to anthropogenic
noise may include altered travel directions, increased swimming speeds,
changes in dive, surfacing, respiration and feeding patterns, and
changes in vocalizations. As described above, lower level physiological
stress responses could also co-occur with altered behavior; however,
stress responses are more difficult to detect and fewer data exist
relative to specific received levels of sound.
Acoustic Masking
Anthropogenic noise can interfere with, or mask, detection of
acoustic signals such as communication calls, echolocation, and
environmental sounds important to marine mammals. Southall et al.
(2007) defines auditory masking as the partial or complete reduction in
the audibility of signals due to the presence of interfering noise with
the degree of masking depending on the spectral, temporal, and spatial
relationships between signals and masking noise, as well as the
respective received levels. Masking of sender communication space can
be considered as the amount of change in a sender's communication space
caused by the presence of other sounds, relative to a pre-industrial
ambient noise condition (Clark et al., in press).
Unlike auditory fatigue, which always results in a stress response
because the sensory tissues are being stimulated beyond their normal
physiological range, masking may or may not result in a stress
response, depending on the degree and duration of the masking effect.
Masking may also result in a unique circumstance where an animal's
ability to detect other sounds is compromised without the animal's
knowledge. This could conceivably result in sensory impairment and
subsequent behavior change; in this case, the change in behavior is the
lack of a response that would normally be made if sensory impairment
did not occur. For this reason, masking also may lead directly to
behavior change without first causing a stress response.
[[Page 32407]]
Projecting noise into the marine environment which causes acoustic
masking is considered Level B harassment as it can disrupt natural
behavioral patterns by interrupting or limiting the marine mammal's
receipt or transmittal of important information or environmental cues.
To compensate for masking, marine mammals, including bottlenose
dolphins, are known to increase their levels of vocalization as a
function of background noise by increasing call repetition and
amplitude, shifting calls higher frequencies, and/or changing the
structure of call content (Lesage et al., 1999; Scheifele et al., 2005;
McIwem, 2006).
While it may occur temporarily, NMFS does not expect auditory
masking to result in detrimental impacts to an individual's or
population's survival, fitness, or reproductive success. Dolphins are
not confined to the BT ranges; allowing for movement out of area to
avoid masking impacts. The USMC would also conduct visual sweeps of the
area before any training exercise and implement training delay
mitigation measures if a dolphin is sighted within designated zones
(see Proposed Mitigation Measures section below). As discussed
previously, the USMC has been working with DUML to collect baseline
information on dolphins in Pamlico Sound, specifically dolphin
abundance and habitat use around the BTs. The USMC has also recently
accepted a DUML proposal to investigate methods of dolphin acoustic
detection around the BTs. NMFS would encourage the USMC to expand
acoustic investigations to include the impacts of training exercises on
vocalization properties (e.g., call content, duration, frequency) and
masking (e.g., communication and foraging impairment) of the affected
population of dolphins in Pamlico Sound.
Assessment of Marine Mammal Impacts From Explosive Ordnances
MCAS Cherry Point plans to use five types of explosive sources
during its training exercises: 2.75'' Rocket High Explosives, 5''
Rocket High Explosives, 30 mm High Explosives, 40 mm High Explosives,
and G911 grenades. The underwater explosions from these weapons would
send a shock wave and blast noise through the water, release gaseous
by-products, create an oscillating bubble, and cause a plume of water
to shoot up from the water surface. The shock wave and blast noise are
of most concern to marine animals. In general, potential impacts from
explosive detonations can range from brief effects (such as short term
behavioral disturbance), tactile perception, physical discomfort,
slight injury of the internal organs and the auditory system, to death
of the animal (Yelverton et al., 1973; O'Keeffe and Young, 1984; DoN,
2001).
Explosives produce significant acoustic energy across several
frequency decades of bandwidth (i.e., broadband). Propagation loss is
sufficiently sensitive to frequency as to require model estimates at
several frequencies over such a wide band. The effects of an underwater
explosion on a marine mammal depend on many factors, including the
size, type, and depth of both the animal and the explosive charge; the
depth of the water column; and the standoff distance between the charge
and the animal, as well as the sound propagation properties of the
environment. The net explosive weight (or NEW) of an explosive is the
weight of TNT required to produce an equivalent explosive power. The
detonation depth of an explosive is particularly important due to a
propagation effect known as surface-image interference. For sources
located near the sea surface, a distinct interference pattern arises
from the coherent sum of the two paths that differ only by a single
reflection from the pressure-release surface. As the source depth and/
or the source frequency decreases, these two paths increasingly,
destructively interfere with each other, reaching total cancellation at
the surface (barring surface-reflection scattering loss). USMC
conservatively estimates that all explosives would detonate at a 1.2 m
(3.9 ft) water depth. This is the worst case scenario as the purpose of
training is to hit the target, resulting in an in-air explosion.
The firing sequence for some of the munitions consists of a number
of rapid bursts, often lasting a second or less. The maximum firing
time is 10-15 second bursts. Due to the tight spacing in time, each
burst can be treated as a single detonation. For the energy metrics,
the impact area of a burst is computed using a source energy spectrum
that is the source spectrum for a single detonation scaled by the
number of rounds in a burst. For the pressure metrics, the impact area
for a burst is the same as the impact area of a single round. For all
metrics, the cumulative impact area of an event consisting of a certain
number of bursts is merely the product of the impact area of a single
burst and the number of bursts, as would be the case if the bursts are
sufficiently spaced in time or location as to insure that each burst is
affecting a different set of marine wildlife.
Physical damage of tissues resulting from a shock wave (from an
explosive detonation) is classified as an injury. Blast effects are
greatest at the gas-liquid interface (Landsberg, 2000) and gas
containing organs, particularly the lungs and gastrointestinal tract,
are especially susceptible to damage (Goertner, 1982; Hill 1978;
Yelverton et al., 1973). Nasal sacs, larynx, pharynx, trachea, and
lungs may be damaged by compression/expansion caused by the
oscillations of the blast gas bubble (Reidenberg and Laitman, 2003).
Severe damage (from the shock wave) to the ears can include tympanic
membrane rupture, fracture of the ossicles, damage to the cochlea,
hemorrhage, and cerebrospinal fluid leakage into the middle ear.
Non-lethal injury includes slight injury to internal organs and the
auditory system; however, delayed lethality can be a result of
individual or cumulative sublethal injuries (DoN, 2001). Immediate
lethal injury would be a result of massive combined trauma to internal
organs as a direct result of proximity to the point of detonation (DoN,
2001). Exposure to distance explosions could result only in behavioral
changes. Masked underwater hearing thresholds in two bottlenose
dolphins and one beluga whale have been measured before and after
exposure to impulsive underwater sounds with waveforms resembling
distant signatures of underwater explosions (Finneran et al., 2000).
The authors found no temporary shifts in masked-hearing thresholds
(MTTSs), defined as a 6-dB or larger increase in threshold over pre-
exposure levels, had been observed at the highest impulse level
generated (500 kg at 1.7 km, peak pressure 70 kPa); however,
disruptions of the animals' trained behaviors began to occur at
exposures corresponding to 5 kg at 9.3 km and 5 kg at 1.5 km for the
dolphins and 500 kg at 1.9 km for the beluga whale.
Generally, the higher the level of impulse and pressure level
exposure, the more severe the impact to an individual. While, in
general, dolphins could endure injury or mortality if within very close
proximity to in-water explosion, monitoring and mitigation measures
employed by the USMC before and during training exercises, as would be
required under any ITA issued, are designed to avoid any firing if a
marine mammal is sighted within designated BT zones (see Proposed
Mitigation and Monitoring section below). No marine mammal injury or
death has been attributed to the specified activities described in the
application. As such,
[[Page 32408]]
and due to implementation of the proposed mitigation and monitoring
measures, bottlenose dolphin injury or mortality is not anticipated nor
would any be authorized.
Inert Ordnances
The potential risk to marine mammals from non-explosive ordnance
entails two possible sources of impacts: Elevated sound levels or the
ordnance physically hitting an animal. The latter is discussed below in
the Munition Presence section below. The USMC provided information that
the noise fields generated in water by the firing of non-explosive
ordnance indicate that the energy radiated is about 1 to 2 percent of
the total kinetic energy of the impact. This energy level (and likely
peak pressure levels) is well below the TTS-energy threshold, even at
1-m from the impact and is not expected to be audible to marine
mammals. As such, the noise generated by the in-water impact of non-
explosive ordnance will not result in take of marine mammals.
Training Debris
In addition to behavioral and physiological impacts from live fire
and ammunition testing, NMFS has preliminarily analyzed impacts from
presence of munition debris in the water, as described in the USMC's
application and 2009 EA. These impacts include falling debris,
ingestion of expended ordnance, and entanglement in parachute debris.
Ingestion of marine debris by marine mammals can cause digestive
tract blockages or damage the digestive system (Gorzelany, 1998;
Stamper et al., 2006). Debris could be either the expended ordnance or
non-munition related products such as chaff and self protection flares.
Expended ordnance would be small and sink to the bottom. Chaff is
composed of either aluminum foil or aluminum-coated glass fibers
designed to act as a visual smoke screen; hiding the aircraft from
enemy radar. Chaff also serves as a decoy for radar detection, allowing
aircraft to maneuver or egress from the area. The foil type currently
used is no longer manufactured, although it remains in the inventory
and is used primarily by B-52 bombers. Both types of chaff are cut into
dipoles ranging in length from 0.3 to over 2.0 inches. The aluminum
foil dipoles are 0.45 mils (0.00045 inches) thick and 6 to 8 mils wide.
The glass fiber dipoles are generally 1 mil (25.4 microns) in diameter,
including the aluminum coating. Chaff is packed into about 4-ounce
bundles. The major components of chaff are silica, aluminum, and
stearic acid; all naturally prevalent in the environment.
Based on the dispersion characteristics of chaff, concentrations
around the BTs would be low. For example, Hullar et al. (1999)
calculated that a 4.97-mile by 7.46-mile area (37.1 km\2\) would be
affected by deployment of a single cartridge containing 150 grams of
chaff; however, concentration would only be about 5.4 grams per square
nautical mile. This corresponds to fewer than 179,000 fibers per square
nautical mile or fewer than 0.005 fibers per square foot.
Self-protection flares are deployed to mislead or confuse heat-
sensitive or heat-seeking anti-aircraft systems. The flares are
magnesium pellets that, when ignited, burn for a short period of time
(less than 10 seconds) at 2,000 degrees Fahrenheit. Air-deployed LUU-2
high-intensity illumination flares are used to illuminate targets,
enhancing a pilot's ability to see targets while using Night Vision
Goggles. The LUU-2B Flare has a light output rating of 1.8 x 10(6)
candlepower and at 1,000 feet altitude illuminates a circle on the
ground of 500 meters. The LUU-2 is housed in a pod or canister and is
deployed by ejection. The mechanism has a timer on it that deploys the
parachute and ignites the flare candle. The flare candle burns
magnesium at high temperature, emitting an intense bright white light.
The LUU-2 has a burn time of approximately 5 minutes while suspended
from a parachute. The pyrotechnic candle consumes the flare housing,
reducing flare weight, which in turn slows the rate of fall during the
last 2 minutes of burn time. At candle burnout an explosive bolt is
fired, releasing one parachute support cable, which causes the
parachute to collapse.
Ingestion of debris by dolphins is not likely, as dolphins
typically eat fish and other moving prey items. NMFS solicited
information on evidence of debris ingestion from two marine mammal
veterinarians who have performed many necropsies on the protected
species of North Carolina's waters. In their experience, no necropsies
of bottlenose dolphins have revealed evidence of munition, parachute,
or chaff ingestion (pers. comm., Drs. C. Harms and D. Rostein, November
14, 2009). However, it was noted evidence of chaff ingestion would be
difficult to detect. In the chance that dolphins do ingest chaff, the
filaments are so fine they would likely pass through the digestive
system without complication. However, if the chaff is durable enough,
it might act as a linear foreign body. In such case, the intestines
bunch up on the line restricting movement of the line resulting in an
obstruction. The peristalsis on an immovable thin line can cause
intestinal lacerations and perforations (pers. comm., C. Harms,
November 14, 2009. This is a well known complication in cats when they
ingest thread and which occurs occasionally with sea turtles ingesting
fishing line. The longevity of chaff filaments, based upon dispersion
rates, is unclear. Chaff exposed to synthetic seawater and aqueous
environments in the pH range of 4-10 exhibited varying levels of
degradation suggesting a short lifespan for the outer aluminum coating
(Farrell and Siciliano, 1998). The underlying filament is a flexible
silica core and composed of primarily silica dioxide. While no studies
have been conducted to evaluate the effects of chaff ingestion on
marine mammals, the effects are expected to be negligible based upon
chaff concentration in the environment, size of fibers, and available
toxicity data on fiberglass and aluminum. Given that the size of chaff
fibers are no more than 2 inches long, tidal flushing reduces
concentration in the environment, and chaff degradation rate, the
chance of chaff ingestions is unlikely; however, if swallowed, impacts
would be negligible.
Given that there is no evidence that dolphins ingest military
debris; dolphins in the Sound forage on moving prey suspended in the
water column while expended munition would sink; the property and
dispersion characteristics of chaff make potential for ingestion
discountable; and that Pamlico Sound is a tidal body of water with
continuing flushing, NMFS has preliminarily determined that the
presence of training debris would not have an effect on dolphins in
Pamlico Sound.
Although sometimes large, expended parachutes (e.g., those from the
flares) are flimsy and structurally simple and NMFS has determined that
the probability of entanglement with a dolphin is low. There are no
known reports of live or stranded dolphins entangled in parachute gear;
fishing gear is usually the culprit of reported entanglements. The
NMFS' Marine Mammal Stranding Network (Network) has established
protocol for reporting marine mammals in peril. Should any injured,
stranded or entangled marine mammal be observed by USMC personnel
during training exercises, the sighting would be reported to the
Network within 24 hours of the observation.
[[Page 32409]]
Vessel and Aircraft Presence
The marine mammals most vulnerable to vessel strikes are slow-
moving and/or spend extended periods of time at the surface in order to
restore oxygen levels within their tissues after deep dives (e.g.,
right whales, fin whales, sperm whales). Smaller marine mammals such as
bottlenose dolphins (the only marine mammal that would be encountered
at the BTs) are agile and move more quickly through the water, making
them less susceptible to ship strikes. NMFS is not aware of any vessel
strikes of bottlenose dolphins in Pamlico Sound. Therefore, NMFS does
not anticipate that USMC vessels engaged in the specified activity
would strike any marine mammals and no take from ship strike would be
authorized in the proposed IHA.
Behaviorally, marine mammals may or may not respond to the
operation of vessels and associated noise. Responses to vessels vary
widely among marine mammals in general, but also among different
species of small cetaceans. Responses may include attraction to the
vessel (Richardson et al., 1995); altering travel patterns to avoid
vessels (Constantine, 2001; Nowacek et al., 2001; Lusseau, 2003, 2006);
relocating to other areas (Allen and Read, 2000); cessation of feeding,
resting, and social interaction (Baker et al., 1983; Bauer and Herman,
1986; Hall, 1982; Krieger and Wing, 1984; Lusseau, 2003; Constantine et
al., 2004); abandoning feeding, resting, and nursing areas (Jurasz and
Jurasz 1979; Dean et al., 1985; Glockner-Ferrari and Ferrari 1985,
1990; Lusseau, 2005; Norris et al., 1985; Salden, 1988; Forest, 2001;
Morton and Symonds, 2002; Courbis, 2004; Bejder, 2006); stress (Romano
et al., 2004); and changes in acoustic behavior (Van Parijs and
Corkeron, 2001). However, in some studies marine mammals display no
reaction to vessels (Watkins 1986; Nowacek et al., 2003) and many
odontocetes show considerable tolerance to vessel traffic (Richardson
et al., 1995). Dolphins may actually reduce the energetic cost of
traveling by riding the bow or stern waves of vessels (Williams et al.,
1992; Richardson et al., 1995).
Dolphins within Pamlico Sound are continually exposed to
recreational, commercial, and military vessels. Richardson et al.
(1995) addresses in detail three responses that marine mammals may
experience when exposed to anthropogenic activities: Tolerance;
habituation; and sensitization. More recent publications provide
variations on these themes rather than new data (NRC 2003). Marine
mammals are often seen in regions with much human activity; thus,
certain individuals or populations exhibit some tolerance of
anthropogenic noise and other stimuli. Animals will tolerate a stimulus
they might otherwise avoid if the benefits in terms of feeding, mating,
migrating to traditional habitats, or other factors outweigh the
negative aspects of the stimulus (NRC, 2003). In many cases, tolerance
develops as a result of habituation. The NRC (2003) defines habituation
as a gradual waning of behavioral responsiveness over time as animals
learn that a repeated or ongoing stimulus lacks significant
consequences for the animals. Contrarily, sensitization occurs when an
animal links a stimulus with some degree of negative consequence and as
a result increases responsiveness to that human activity over time
(Richardson et al., 1995). For example, seals and whales are known to
avoid previously encountered vessels involved in subsistence hunts
(Walker, 1949; Ash 1962; Terhune, 1985) and bottlenose dolphins that
had previously been captured and released from a 7.3 m boat involved in
health studies were documented to flee when that boat approached closer
than 400 m, whereas dolphins that had not been involved in the capture
did not display signs of avoidance of the vessel (Irvine et al., 1981).
Because dolphins in Pamlico Sound are continually exposed to vessel
traffic that does not present immediate danger to them, it is likely
animals are both tolerant and habituated to vessels.
The specified activities also involve aircraft, which marine
mammals are known to react (Richardson et al., 1995). Aircraft produce
noise at frequencies that are well within the frequency range of
cetacean hearing and also produce visual signals such as the aircraft
itself and its shadow (Richardson et al., 1995, Richardson &
W[uuml]rsig, 1997). A major difference between aircraft noise and noise
caused by other anthropogenic sources is that the sound is generated in
the air, transmitted through the water surface and then propagates
underwater to the receiver, diminishing the received levels to
significantly below what is heard above the water's surface. Sound
transmission from air to water is greatest in a sound cone 26 degrees
directly under the aircraft.
Reactions of odontocetes to aircraft have been reported less often
than those of pinnipeds. Responses to aircraft include diving, slapping
the water with pectoral fins or tail fluke, or swimming away from the
track of the aircraft (Richardson et al., 1995). The nature and degree
of the response, or the lack thereof, are dependent upon nature of the
flight (e.g., type of aircraft, altitude, straight vs. circular flight
pattern). W[uuml]rsig et al. (1998) assessed the responses of cetaceans
to aerial surveys in the northcentral and western Gulf of Mexico using
a DeHavilland Twin Otter fixed-wing airplane. The plane flew at an
altitude of 229 m at 204 km/hr. A minimum of 305 m straight line
distance from the cetaceans was maintained. Water depth was 100-1000m.
Bottlenose dolphins most commonly responded by diving (48percent),
while 14percent responded by moving away. Other species (e.g., beluga
whale, sperm whale) show considerable variation in reactions to
aircraft but diving or swimming away from the aircraft are the most
common reactions to low flights (less than 500 m).
Anticipated Effects on Habitat
Detonations of live ordnance would result in temporary modification
to water properties. As described above, an underwater explosion from
these weapon would send a shock wave and blast noise through the water,
release gaseous by-products, create an oscillating bubble, and cause a
plume of water to shoot up from the water surface. However, these would
be temporary and not expected to last more than a few seconds. Because
dolphins are not expected to be in the area during live firing, due to
monitoring and mitigation measure implementation, they would not be
subject to any short term habitat alterations.
Similarly, no long term impacts with regard to hazardous
constituents are expected to occur. MCAS Cherry Point has an active
Range Environmental Vulnerability Assessment (REVA) program in place to
monitor impacts to habitat from its activities. One goal of REVA is to
determine the horizontal and vertical concentration profiles of heavy
metals, explosives constituents, perchlorate nutrients, and dissolved
salts in the sediment and seawater surrounding BT-9 and BT-11. The
preliminary results of the sampling indicate that explosive
constituents (e.g., trinitrotoluene (TNT),
cyclotrimethylenetrinitramine (RDX), and hexahydro-trinitro-triazine
(HMX), as described in Hazardous Constituents [Subchapter 3.2.7.2] of
the MCAS Cherry Point Range Operations EA), were not detected in any
sediment or water sample surrounding the BTs. Metals were not present
above toxicity screening values. Perchlorate was detected in a few
sediment samples above the detection limit (0.21 ppm), but below the
reporting limit (0.6 ppm). The ongoing REVA would continue to
[[Page 32410]]
evaluate potential munitions constituent migration from operational
range areas to off-range areas and MCAS Cherry Point.
Proposed Mitigation
In order to issue an incidental take authorization (ITA) under
Section 101(a)(5)(D) of the MMPA, NMFS must set forth the ``permissible
methods of 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 ITA
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 USMC's application are considered
military readiness activities.
NMFS has 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 adverse 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: (1)
The manner in which, and the degree to which, the successful
implementation of the measure is expected to minimize adverse impacts
to marine mammals; (2) the proven or likely efficacy of the specific
measure to minimize adverse impacts as planned; (3) 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. NMFS has
preliminarily determined that the proposed mitigation measures provide
the means of effecting the least practicable adverse impacts 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.
The USMC, in collaboration with NMFS, has worked to identify
potential practicable and effective mitigation measures, which include
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 ``military-
readiness activity''. These proposed mitigation measures are listed
below.
(1) Range Sweeps: The VMR-1 squadron, stationed at MCAS Cherry
Point, includes three specially equipped HH-46D helicopters. The
primary mission of these aircraft, known as PEDRO, is to provide search
and rescue for downed 2d Marine Air Wing aircrews. On-board are a
pilot, co-pilot, crew chief, search and rescue swimmer, and a medical
corpsman. Each crew member has received extensive training in search
and rescue techniques, and is therefore particularly capable at
spotting objects floating in the water.
PEDRO crew would conduct a range sweep the morning of each exercise
day prior to the commencement of range operations. The primary goal of
the pre-exercise sweep is to ensure that the target area is clear of
fisherman, other personnel, and protected species. The sweep is flown
at 100-300 meters above the water surface, at airspeeds between 60-100
knots. The path of the sweep runs down the western side of BT-11,
circles around BT-9 and then continues down the eastern side of BT-9
before leaving. The sweep typically takes 20-30 minutes to complete.
The Pedro crew is able to communicate directly with range personnel and
can provide immediate notification to range operators. The Pedro
aircraft would remain in the area of a sighting until clear if possible
or as mission requirements dictate.
If marine mammals are sighted during a range sweep, sighting data
will be collected and entered into the U.S. Marine Corps sighting
database, web-interface, or report generator and this information would
be relayed to the training Commander. Sighting data includes the
following (collected to the best of the observer's ability): (1)
Species identification; (2) group size; (3) the behavior of marine
mammals (e.g., milling, travel, social, foraging); (4) location and
relative distance from the BT; (5) date, time and visual conditions
(e.g., Beaufort sea state, weather) associated with each observation;
(6) direction of travel relative to the BT; and (7) duration of the
observation.
(2) Cold Passes: All aircraft participating in an air-to-surface
exercise would be required to perform a ``cold pass'' immediately prior
to ordnance delivery at the BTs both day and night. That is, prior to
granting a ``First Pass Hot'' (use of ordnance), pilots would be
directed to perform a low, cold (no ordnance delivered) first pass
which serves as a visual sweep of the targets prior to ordnance
delivery to determine if unauthorized civilian vessels or personnel, or
protected species, are present. The cold pass is conducted with the
aircraft (helicopter or fixed-winged) flying straight and level at
altitudes of 200-3,000 feet over the target area. The viewing angle is
approximately 15 degrees. A blind spot exists to the immediate rear of
the aircraft. Based upon prevailing visibility, a pilot can see more
than one mile forward upon approach. The aircrew and range personnel
make every attempt to ensure clearance of the area via visual
inspection and remotely operated camera operations (see Proposed
Monitoring and Reporting section below). The Range Controller may deny
or approve the First Pass Hot clearance as conditions warrant.
(3) Delay of Exercises: An active range would be considered
``fouled'' and not available for use if a marine mammal is present
within 1,000 yards (914 m) of the target area at BT-9 or anywhere
within Rattan Bay (BT-11). Therefore, if a marine mammal is sighted
within 1,000 yards (914 m) of the target at BT-9 or anywhere within
Rattan Bay at BT-11 during the cold pass or from range camera
detection, training would be delayed until the marine mammal moves
beyond and on a path away from 1,000 yards (914 m) from the BT-9 target
or out of Rattan Bay at BT-11. This mitigation applies to both air-to-
surface and surface-to-surface exercises.
(4) Range Camera Use: To increase the safety of persons or property
near the targets, Range Operation and Control personnel monitor the
target area through tower mounted safety and surveillance cameras. The
remotely operated range cameras are high resolution and, according to
range personnel, allow a clear visual of a duck floating near the
target. The cameras allow viewers to see animals at the surface and
breaking the surface, but not underwater.
A new, enhanced camera system has been purchased and will be
installed on BT-11 towers 3 and 7, and on both towers at BT-9. The new
camera system has night vision capabilities with resolution levels near
those during daytime. Lenses on the camera system have focal lengths of
40 mm to 2,200 mm (56x), with view angles of 18[deg]10' and 13[deg]41',
respectively. The field of view when zoomed in on the Rattan Bay
targets will be 23' wide by 17' high, and on the mouth of Rattan Bay
itself 87' wide by 66' high.
Again, in the event that a marine mammal is sighted within 1,000
yards
[[Page 32411]]
(914 m) of the BT-9 target, or anywhere within Rattan Bay, the target
is declared fouled. Operations may commence in the fouled area after
the animal(s) have moved 1,000 yards (914 m) from the BT-9 target and/
or out of Rattan Bay.
(4) Vessel Operation: All vessels used during training operations
would abide by the NMFS' Southeast Regional Viewing Guidelines designed
to prevent harassment to marine mammals (http://www.nmfs.noaa.gov/pr/education/southeast/).
(5) Stranding Network Coordination: The USMC shall coordinate with
the local NMFS Stranding Coordinator for any unusual marine mammal
behavior and any stranding, beached live/dead, or floating marine
mammals that may occur at any time during training activities or within
24 hours after completion of training.
Proposed Monitoring and 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''. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for
incidental take authorizations 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: (a) An increase in our
understanding of how many marine mammals are likely to be exposed to
munition noise and explosions that we associate with specific adverse
effects, such as behavioral harassment, TTS, or PTS; (b) an increase in
our understanding of how individual marine mammals respond
(behaviorally or physiologically) to gunnery and bombing exercises (at
specific received levels) expected to result in take; (c) an increase
in our understanding of how anticipated takes of 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); (d) an increased knowledge of the affected
species; (e) an increase in our understanding of the effectiveness of
certain mitigation and monitoring measures; (f) a better understanding
and record of the manner in which the authorized entity complies with
the incidental take authorization; (g) an increase in the probability
of detecting marine mammals, both within the safety zone (thus allowing
for more effective implementation of the mitigation) and in general to
better achieve the above goals.
Proposed Monitoring
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
expected to be present within the action area are as follows:
(1) Marine Mammal Observer Training: Pilots, operators of small
boats, and other personnel monitoring for marine mammals would be
required to take the Marine Species Awareness Training (Version 2.),
maintained and promoted by the Department of the Navy. This training
will make personnel knowledgeable of marine mammals, protected species,
and visual cues related to the presence of marine mammals and protected
species.
(2) Weekly and Post-Exercise Monitoring: Post-exercise monitoring
shall be conducted concomitant to the next regularly scheduled pre-
exercise sweep. Weekly monitoring events would include a maximum of
five pre-exercise and four post-exercise sweeps. The maximum number of
days that would elapse between pre- and post-exercise monitoring events
would be approximately 3 days, and would normally occur on weekends. If
marine mammals are observed during this monitoring, sighting data
identical to those collected by PEDRO crew would be recorded.
(3) Long-term Monitoring: The USMC has awarded DUML duties to
obtain abundance, group dynamics (e.g., group size, age census),
behavior, habitat use, and acoustic data on the bottlenose dolphins
which inhabit Pamlico Sound, specifically those around BT-9 and BT-11.
DUML began conducting boat-based surveys and passive acoustic
monitoring of bottlenose dolphins in Pamlico Sound in 2000 (Read et
al., 2003) and specifically at BT-9 and BT-11 in 2003 (Mayer, 2003). To
date, boat-based surveys indicate that bottlenose dolphins may be
resident to Pamlico Sound and use BT restricted areas on a frequent
basis. Passive acoustic monitoring (PAM) is providing more detailed
insight into how dolphins use the two ranges, by monitoring for their
vocalizations year-round, regardless of weather conditions or darkness.
In addition to these surveys, DUML scientists are testing a real-time
passive acoustic monitoring system at BT-9 that will allow automated
detection of bottlenose dolphin whistles, providing yet another method
of detecting dolphins prior to training operations. Although it is
unlikely this PAM system would be active for purposes of implementing
mitigation measures before an exercise prior to expiration of the
proposed IHA, it would be operational for future MMPA incidental take
authorizations.
(4) Reporting: The USMC would submit a report to NMFS within 90
days after expiration of the IHA or, if a subsequent incidental take
authorization is requested, within 120 days prior to expiration of the
IHA. The report would summarize the type and amount of training
exercises conducted, all marine mammal observations made during
monitoring, and if mitigation measures were implemented. The report
would also address the effectiveness of the monitoring plan in
detecting marine mammals.
Estimated Take by Incidental Harassment
The following provides the USMC's model for take of dolphins from
explosives (without consideration of mitigation and the conservative
assumption that all explosives would land in the water and not on the
targets or land) and potential for direct hits and NMFS' analysis of
potential harassment from small vessel and aircraft operations.
Acoustic Take Criteria
For the purposes of an MMPA incidental take authorization, three
levels of take are identified: Level B harassment; Level A harassment;
and mortality (or serious injury leading to mortality). The categories
of marine mammal responses (physiological and behavioral) that fall
into harassment categories were described previously in this notice. A
method to estimate the number of individuals that will be taken,
pursuant to the MMPA, based on the proposed action has been derived. To
this end, NMFS uses acoustic criteria that estimate at what received
level Level B harassment, Level A harassment, and mortality of marine
mammals would occur. The acoustic criteria for underwater detonations
are comprehensively explained in NMFS' recent proposed rule Federal
Register notice to the U.S. Navy (74 FR 11057, March 16, 2009) and are
summarized here:
Criteria and thresholds for estimating the exposures from a single
explosive activity on marine mammals were established for the Seawolf
Submarine Shock Test Final Environmental Impact Statement (FEIS)
(``Seawolf'') and
[[Page 32412]]
subsequently used in the USS Winston S. Churchill (DDG 81) Ship Shock
FEIS (``Churchill'') (DoN, 1998 and 2001). NMFS adopted these criteria
and thresholds in its final rule on the unintentional taking of marine
animals occurring incidental to the shock testing which involved large
explosives (65 FR 77546; December 12, 2000). Because no large
explosives (> 1000 lbs NEW) would be used at Cherry Point during the
specified activities, a revised acoustic criterion for small underwater
explosions (i.e., 23 pounds per square inch [psi] instead of previous
acoustic criteria of 12 psi for peak pressure over all exposures) has
been established to predict onset of TTS.
I.1. Thresholds and Criteria for Injurious Physiological Impacts
I.1.a. Single Explosion
For injury, NMFS uses dual criteria, eardrum rupture (i.e.
tympanic-membrane injury) and onset of slight lung injury, to indicate
the onset of injury. The threshold for tympanic-membrane (TM) rupture
corresponds to a 50 percent rate of rupture (i.e., 50 percent of
animals exposed to the level are expected to suffer TM rupture). This
value is stated in terms of an Energy Flux Density Level (EL) value of
1.17 inch pounds per square inch (in-lb/in\2\), approximately 205 dB re
1 microPa\2\- sec.
The threshold for onset of slight lung injury is calculated for a
small animal (a dolphin calf weighing 26.9 lbs), and is given in terms
of the ``Goertner modified positive impulse,'' indexed to 13 psi-msec
(DoN, 2001). This threshold is conservative since the positive impulse
needed to cause injury is proportional to animal mass, and therefore,
larger animals require a higher impulse to cause the onset of injury.
This analysis assumed the marine species populations were 100 percent
small animals. The criterion with the largest potential impact range
(most conservative), either TM rupture (energy threshold) or onset of
slight lung injury (peak pressure), will be used in the analysis to
determine Level A exposures for single explosive events.
For mortality, NMFS uses the criterion corresponding to the onset
of extensive lung injury. This is conservative in that it corresponds
to a 1 percent chance of mortal injury, and yet any animal experiencing
onset severe lung injury is counted as a lethal exposure. For small
animals, the threshold is given in terms of the Goertner modified
positive impulse, indexed to 30.5 psi-msec. Since the Goertner approach
depends on propagation, source/animal depths, and animal mass in a
complex way, the actual impulse value corresponding to the 30.5 psi-
msec index is a complicated calculation. To be conservative, the
analysis used the mass of a calf dolphin (at 26.9 lbs) for 100 percent
of the populations.
I.1.b. Multiple Explosions
For multiple explosions, the Churchill approach had to be extended
to cover multiple sound events at the same training site. For multiple
exposures, accumulated energy over the entire training time is the
natural extension for energy thresholds since energy accumulates with
each subsequent shot (detonation); this is consistent with the
treatment of multiple arrivals in Churchill. For positive impulse, it
is consistent with the Churchill final rule to use the maximum value
over all impulses received.
I.2. Thresholds and Criteria for Non-Injurious Physiological Effects
To determine the onset of TTS (non-injurious harassment)--a slight,
recoverable loss of hearing sensitivity, there are dual criteria: an
energy threshold and a peak pressure threshold. The criterion with the
largest potential impact range (most conservative), either the energy
or peak pressure threshold, will be used in the analysis to determine
Level B TTS exposures. The thresholds for each criterion are described
below.
I.2.a. Single Explosion--TTS-Energy Threshold
The TTS energy threshold for explosives is derived from the Space
and Naval Warfare Systems Center (SSC) pure-tone tests for TTS
(Schlundt et al., 2000; Finneran and Schlundt, 2004). The pure-tone
threshold (192 dB as the lowest value) is modified for explosives by
(a) interpreting it as an energy metric, (b) reducing it by 10 dB to
account for the time constant of the mammal ear, and (c) measuring the
energy in 1/3-octave bands, the natural filter band of the ear. The
resulting threshold is 182 dB re 1 microPa\2\-sec in any 1/3-octave
band.
I.2.b. Single Explosion--TTS-Peak Pressure Threshold
The second threshold applies to all species and is stated in terms
of peak pressure at 23 psi (about 225 dB re 1 microPa). This criterion
was adopted for Precision Strike Weapons (PSW) Testing and Training by
Eglin Air Force Base in the Gulf of Mexico (NMFS, 2005). It is
important to note that for small shots near the surface (such as in
this analysis), the 23-psi peak pressure threshold generally will
produce longer impact ranges than the 182-dB energy metric.
Furthermore, it is not unusual for the TTS impact range for the 23-psi
pressure metric to actually exceed the without-TTS (behavioral change
without onset of TTS) impact range for the 177-dB energy metric.
I.3. Thresholds and Criteria for Behavioral Effects
I.3.a. Single Explosion
For a single explosion, to be consistent with Churchill, TTS is the
criterion for Level B harassment. In other words, because behavioral
disturbance for a single explosion is likely to be limited to a short-
lived startle reaction, use of the TTS criterion is considered
sufficient protection and therefore behavioral effects (Level B
behavioral harassment without onset of TTS) are not expected for single
explosions.
I.3.b. Multiple Explosions--Without TTS
For multiple explosions, the Churchill approach had to be extended
to cover multiple sound events at the same training site. For multiple
exposures, accumulated energy over the entire uninterrupted firing time
is the natural extension for energy thresholds since energy accumulates
with each subsequent shot (detonation); this is consistent with the
treatment of multiple arrivals in Churchill. Because multiple
explosions could occur within a discrete time period, a new acoustic
criterion-behavioral disturbance without TTS is used to account for
behavioral effects significant enough to be judged as harassment, but
occurring at lower noise levels than those that may cause TTS.
The threshold is based on test results published in Schlundt et al.
(2000), with derivation following the approach of the Churchill FEIS
for the energy-based TTS threshold. The original Schlundt et al. (2000)
data and the report of Finneran and Schlundt (2004) are the basis for
thresholds for behavioral disturbance without TTS. During this study,
instances of altered behavior sometimes began at lower exposures than
those causing TTS; however, there were many instances when subjects
exhibited no altered behavior at levels above the onset-TTS levels.
Regardless of reactions at higher or lower levels, all instances of
altered behavior were included in the statistical summary. The
behavioral disturbance without TTS threshold for tones is derived from
the SSC tests, and is found to be 5 dB below
[[Page 32413]]
the threshold for TTS, or 177 dB re 1 microPa\2\-sec maximum energy
flux density level in any 1/3-octave band at frequencies above 100 Hz
for cetaceans.
II. Summary of Thresholds and Criteria for Impulsive Sounds
The effects, criteria, and thresholds used in the assessment for
impulsive sounds are summarized in Table 6. The criteria for behavioral
effects without physiological effects used in this analysis are based
on use of multiple explosives from live, explosive firing at BT-9 only;
no live firing occurs at BT-11.
Table 6--Effects, Criteria, and Thresholds for Impulsive Sounds
----------------------------------------------------------------------------------------------------------------
Effect Criteria Metric Threshold Effect
----------------------------------------------------------------------------------------------------------------
Mortality..................... Onset of Goertner modified indexed to 30.5 Mortality.
Extensive Lung positive impulse. psi-msec
Injury. (assumes 100
percent small
animal at 26.9
lbs).
Injurious Physiological....... 50 percent Energy flux density... 1.17 in-lb/in\2\ Level A.
Tympanic (about 205 dB re
Membrane Rupture. 1 microPa\2\-
sec).
Injurious Physiological....... Onset Slight Lung Goertner modified indexed to 13 psi- Level A.
Injury. positive impulse. msec (assumes
100 percent
small animal at
26.9 lbs).
Non-injurious Physiological... TTS.............. Greatest energy flux 182 dB re 1 Level B.
density level in any microPa\2\-sec.
1/3-octave band (>
100 Hz for toothed
whales and > 10 Hz
for baleen whales)--
for total energy over
all exposures.
Non-injurious Physiological... TTS.............. Peak pressure over all 23 psi........... Level B.
exposures.
Non-injurious Behavioral...... Multiple Greatest energy flux 177 dB re 1 Level B.
Explosions density level in any microPa\2\-sec.
Without TTS. 1/3-octave (> 100 Hz
for toothed whales
and > 10 Hz for
baleen whales)--for
total energy over all
exposures (multiple
explosions only).
----------------------------------------------------------------------------------------------------------------
Take From Explosives
The USMC conservatively modeled that all explosives would detonate
at a 1.2 m (3.9 ft) water depth despite the training goal of hitting
the target, resulting in an above water or on land explosion. For
sources that are detonated at shallow depths, it is frequently the case
that the explosion may breech the surface with some of the acoustic
energy escaping the water column. The source levels presented in the
table above have not been adjusted for possible venting nor does the
subsequent analysis take this into account. Properties of explosive
sources used at BT-9, including NEW, peak one-third-octave (OTO) source
level, the approximate frequency at which the peak occurs, and rounds
per burst are described in Table 7. Distances to NMFS harassment
threshold levels from these sources are outlined in Table 8.
Table 7--Source Weights and Peak Source Levels
----------------------------------------------------------------------------------------------------------------
Frequency of peak Rounds per
Source type NEW Peak OTO SL OTO SL burst
----------------------------------------------------------------------------------------------------------------
2.75'' Rocket.................... 4.8 lbs............. 223.9 dB re: 1[mu]Pa ~ 1500 Hertz (Hz)... 1
5'' Rocket....................... 15.0 lbs............ 228.9 dB re: 1[mu]Pa ~ 1000 Hz........... 1
30 mm............................ 0.1019 lbs.......... 212.1 dB re: 1[mu]Pa ~ 2500 Hz........... 30
40 mm............................ 0.1199 lbs.......... 227.8 dB re: 1[mu]Pa ~ 1100 Hz........... 5
G911 Grenade..................... 0.5................. 213.9 dB re: 1 ~ 2500 Hz........... 1
[mu]Pa.
----------------------------------------------------------------------------------------------------------------
Table 8--Distances to NMFS Harassment Thresholds From Explosive Ordnances
----------------------------------------------------------------------------------------------------------------
Behavioral
disturbance (177 TTS (23 psi) Level A (13 psi- Mortality (31 psi-ms)
dB energy) msec)
----------------------------------------------------------------------------------------------------------------
2.75'' Rocket HE............... N/A.............. 172 m (564 ft)... 47 m (154 ft).... 27 m (89 ft).
5'' Rocket HE.................. N/A.............. 255 m (837 ft)... 61 m (200 ft).... 39 m (128 ft).
30 mm HE....................... 209 m (686 ft)... N/A.............. 10 m (33 ft)..... 5 m (16 ft).
40 mm HE....................... 144 m (472 ft)... N/A.............. 10 m (33 ft)..... 5 m (16 ft).
G911 Grenade................... N/A.............. 83 m (272 ft).... 21 m (33 ft)..... 10 m (33 ft).
----------------------------------------------------------------------------------------------------------------
To calculate take, the distances to which animals may be harassed
were considered along with dolphin density. The density estimate from
Read et al (2003) was used to calculate take from munition firing. As
described in the Description of Marine Mammals in the Area of the
Specified Activity section above, this density, 0.183/km\2\, was
derived from boat based surveys in 2000 which covered all inland North
Carolina waters. Note that estimated density of dolphins at BT-9 and
BT-11, specifically, were calculated to be 0.11 dolphins/km\2\, and
1.23 dolphins/km\2\
[[Page 32414]]
respectively (Maher 2003), based on boat surveys conducted from July
2002 through June 2003 (excluding April, May, Sept. and Jan.). However,
the USMC chose to estimate take of dolphins based on the higher density
reported from the summer 2000 surveys (0.183/km\2\). Additionally, take
calculations for munition firing are based on 100 percent water
detonation, although the goal of training is to hit the targets, and no
pre-exercise monitoring or mitigation. Therefore, take estimates can be
considered conservative.
Based on dolphin density and amount of munitions expended, there is
very low potential for Level A harassment and mortality and monitoring
and mitigation measures are anticipated to further negate this
potential. Accordingly, NMFS is not proposing to issue these levels of
take. As portrayed in Table 8 above, the largest harassment zone (Level
B) is within 209 m of a detonation in water; however, the USMC has
implemented a 1000 m ``foul'' zone for BT-9 and anywhere within Raritan
Bay for BT-11. In total, from firing of explosive ordnances, the USMC
is requesting, and NMFS is proposing to issue, the incidental take of
25 bottlenose dolphins from Level B harassment (Table 9).
Table 9--Number of Dolphins Potentially Taken From Exposure to Explosives Based on Threshold Criteria
----------------------------------------------------------------------------------------------------------------
Level B-- Level A--
behavioral (177dB Level B--TTS (23 Injurious (205 dB Mortality (30.5
Ordnance type re 1 microPa\2\- psi) re 1 microPa\2\-s psi)
s) or 13 psi)
----------------------------------------------------------------------------------------------------------------
2.75'' Rocket HE................... N/A 4.97 0.17 0.06
5'' Rocket HE...................... N/A 3.39 0.09 0.03
30 mm HE........................... 2.55 N/A 0.05 0.00
40 mm HE........................... 12.60 N/A 0.16 0.01
G911 Grenade....................... N/A 0.87 0.03 0.01
----------------------------------------------------------------------------
Total.......................... 15.15 9.23 0.5 0.11
----------------------------------------------------------------------------------------------------------------
Take From Direct Hit
The potential risk of a direct hit to an animal in the target area
is estimated to be so low it is discountable. A Range Air Installation
Compatible Use Zone (RAICUZ) study generated the surface area or
footprints of weapon impact areas associated with air-to-ground
ordnance delivery (USMC 2001). Statistically, a weapon safety footprint
describes the area needed to contain 99.99 percent of initial and
ricochet impacts at the 95-percent confidence interval for each type of
aircraft and ordnance utilized on the BTs. At both BT-9 and BT-11 the
probability of deployed ordnance landing in the impact footprint is
essentially 1.0, since the footprints were designed to contain 99.99
percent of impacts, including ricochets. However, only 36 percent of
the weapon footprint for BT-11 is over water in Rattan Bay, so the
likelihood of a weapon striking an animal at the BT in Rattan Bay is 64
percent less. Water depths in Rattan Bay range from 3 m (10 ft) in the
deepest part of the bay to 0.5 m (1.6 m) close to shore, so that nearly
the entire habitat in Rattan Bay is suitable for marine mammal use (or
36 percent of the weapon footprint).
The estimated potential risk of a direct hit to an animal in the
target area is extremely low. The probability of hitting a bottlenose
dolphin at the BTs can be derived as follows: Probability = dolphin's
dorsal surface area * density of dolphins. The estimated dorsal surface
area of a bottlenose dolphin is 1.425 m\2\ (or the average length of
2.85 m times the average body width of 0.5 m). Thus, using Read et al.
(2003)'s density estimate of 0.183 dolphins/km\2\, without
consideration of mitigation and monitoring implementation, the
probability of a dolphin being hit in the waters of BT-9 is 2.61 x
10-7 and of BT-11 is 9.4 x 10-8. Using the
proposed levels of ordnance expenditures at each in-water BT (Tables 4
and 5) and taking into account that only 36 percent of the ordnance
deployed at BT-11 is over water, as described in the application, the
estimated potential number of ordnance strikes on a marine mammal per
year is 0.263 at BT-9 and 0.034 at BT-11. It would take approximately
three years of ordnance deployment at the BTs before it would be likely
or probable that one bottlenose dolphin would be struck by deployed
inert ordnance. Again, these estimates are without consideration to
proposed monitoring and mitigation measures.
Take From Vessel and Aircraft Presence
Vessel movement is associated with surface-to-surface exercises, as
described in the Specified Activities section above, which primarily
occurs within BT-11. The USMC is not requesting takes specific to the
act of maneuvering small boats within the BTs; however, NMFS has
analyzed the potential for take from this activity.
The potential impacts from exposure to vessels are described in the
Vessel and Aircraft Presence section above. Interactions with vessels
are not a new experience for bottlenose dolphins in Pamlico Sound.
Pamlico Sound is heavily used by recreational, commercial (fishing,
daily ferry service, tugs, etc.), and military (including the Navy, Air
Force, and Coast Guard) vessels year-round. The NMFS' Southeast
Regional Office has developed marine mammal viewing guidelines to
educate the public on how to responsibly view marine mammals in the
wild and avoid causing a take (http://www.nmfs.noaa.gov/pr/education/southeast). The guidelines recommend that vessels should remain a
minimum of 50 yards from a dolphin, operate vessels in a predictable
manner, avoid excessive speed or sudden changes in speed or direction
in the vicinity of animals, and not to pursue, chase, or separate a
group of animals. The USMC would abide by these guidelines to the
fullest extent practicable. The USMC would not engage in high speed
exercises should a marine mammal be detected within the immediate area
of the BTs prior to training commencement and would never closely
approach, chase, or pursue dolphins. Detection of marine mammals would
be facilitated by personnel monitoring on the vessels and those marking
success rate of target hits and monitoring of remote camera on the BTs
(see Proposed Monitoring and Reporting section).
Based on the description of the action, the other activities
regularly occurring in the area, the species that may be exposed to the
activity and their observed behaviors in the presence of vessel
traffic, and the implementation of measures to avoid vessel strikes,
NMFS believes it is unlikely that the operation
[[Page 32415]]
of vessels during surface-to-surface maneuvers will result in the take
of any marine mammals, in the form of either behavioral harassment or
injury.
Aircraft would move swiftly through the area and would typically
fly approximately 914 m from the water's surface before dropping
unguided munitions and above 4,572 m for precision-guided munition
bombing. While the aircraft may approach as low as 152 m (500 ft) to
drop a bomb this is not the norm and would never been done around
marine mammals. Regional whale watching guidelines advise aircraft to
maintain a minimum altitude of 300 m (1,000 ft) above all marine
mammals, including small odontocetes, and to not circle or hover over
the animals to avoid harassment. NMFS' approach regulations limit
aircraft from flying below 300 m (1,000 ft) over a humpback whale
(Megaptera novaeangliae) in Hawaii, a known calving ground, and limit
aircraft from flying over North Atlantic right whales closer than 460 m
(1509 ft). Given USMC aircraft would not fly below 300 m on the
approach, would not engage in hovering or circling the animals, and
would not drop to the minimal altitude of 152 m if a marine mammal is
in the area, NMFS believes it is unlikely that the operation of
aircraft, as described above, will result in take of bottlenose
dolphins in Pamlico Sound.
Negligible Impact and Small Numbers Analysis and Determination
Pursuant to NMFS' regulations implementing the MMPA, an applicant
is required to estimate the number of animals that will be ``taken'' by
the specified activities (i.e., takes by harassment only, or takes by
harassment, injury, and/or death). This estimate informs the analysis
that NMFS must perform to determine whether the activity will have a
``negligible impact'' on the species or stock. 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.'' A negligible
impact finding is based on the lack of likely adverse effects on annual
rates of recruitment or survival (i.e., population-level effects). An
estimate of the number and manner of takes, alone, is not enough
information on which to base a negligible impact determination. NMFS
must also 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.), or
any of the other variables mentioned in the first paragraph (if known),
as well as the number and nature of estimated Level A takes, the number
of estimated mortalities, and effects on habitat.
The USMC has been conducting gunnery and bombing training exercises
at BT-9 and BT-11 for years and, to date, no dolphin injury or
mortality has been attributed these military training exercises. The
USMC has a history of notifying the NMFS stranding network when any
injured or stranded animal comes ashore or is spotted by personnel on
the water. Therefore, stranded animals have been examined by stranding
responders, further confirming that it is unlikely training contributes
to marine mammal injuries or deaths. Due to the implementation of the
aforementioned mitigation measures, no take by Level A harassment or
serious injury or mortality is anticipated nor would any be authorized
in the IHA. NMFS is proposing; however, to authorize 25 Level B
harassment takes associated with training exercises.
The USMC has proposed a 1000-yard (914 m) safety zone around BT-9
despite the fact that the distance to NMFS explosive Level B harassment
threshold is 228 yards (209 m). They also would consider an area fouled
if any dolphins are spotted within Raritan Bay (where BT-11 is
located). The Level B harassment takes allowed for in the IHA would be
of very low intensity and would likely result in dolphins being
temporarily behaviorally affected by bombing or gunnery exercises. In
addition, takes may be attributed to animals not using the area when
exercises are occurring; however, this is difficult to calculate.
Instead, NMFS looks to if the specified activities occur during and
within habitat important to vital life functions to better inform its
negligible impact determination.
Read et al. (2003) concluded that dolphins rarely occur in open
waters in the middle of North Carolina sounds and large estuaries, but
instead are concentrated in shallow water habitats along shorelines.
However, no specific areas have been identified as vital reproduction
or foraging habitat. Scientific boat based surveys conducted throughout
Pamlico Sound conclude that dolphins use the areas around the BTs more
frequently than other portions of Pamlico Sound (Maher, 2003) despite
the USMC actively training in a manner identical to the specified
activities described here for years.
As described in the Affected Species section of this notice,
bottlenose dolphin stock segregation is complex with stocks overlapping
throughout the coastal and estuarine waters of North Carolina. It is
not possible for the USMC to determine to which stock any individual
dolphin taken during training activities belong as this can only be
accomplished through genetic testing. However, it is likely that many
of the dolphins encountered would belong to the NNCE or SNC stock.
These stocks have a population estimate of 919 and 4,818, respectively.
NMFS is proposing to authorize 25 takes of bottlenose dolphins in
total; therefore, this number represents 2.72 and 0 percent,
respectively, of those populations.
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 preliminarily finds that the specified USMC AS Cherry
Point BT-9 and BT-11 training activities will result in the incidental
take of marine mammals, by Level B harassment only, and that the total
taking from will have a negligible impact on the affected species or
stocks.
Subsistence Harvest of Marine Mammals
Marine mammals are not taken for subsistence use within Pamlico
Sound; therefore, issuance of an IHA to the USMC for MCAS Cherry Point
training exercises would not have an unmitigable adverse impact on the
availability of the affected species or stocks for subsistence use.
Endangered Species Act (ESA)
No ESA-listed marine mammals are known to occur within the action
area. Therefore, there is no requirement for NMFS to consult under
Section 7 of the ESA on the issuance of an IHA under section
101(a)(5)(D) of the MMPA. However, ESA-listed sea turtles may be
present within the action area.
On September 27, 2002, NMFS issued a Biological Opinion (BiOp) on
Ongoing Ordnance Delivery at Bombing Target 9 (BT-9) and Bombing Target
11 (BT-11) at Marine Corps Air Station, Cherry Point, North Carolina.
The BiOp concluded that that the USMC's proposed action will not result
in adverse impacts to any ESA-listed marine mammals and is not likely
to jeopardize the continued existence of the endangered green turtle
(Chelonia mydas), leatherback turtle (Dermochelys coriacea), Kemp's
ridley turtle (Lepidochelys kempii), or threatened loggerhead turtle
(Caretta caretta). No critical habitat has been designated for
[[Page 32416]]
these species in the action area; therefore, none will be affected. On
April 9, 2009, the USMC requested subsequent Section 7 consultation as
the aforementioned BiOp was written in 2002. That consultation request
is currently being examined by NMFS' Endangered Species Division.
National Environmental Policy Act (NEPA)
On February 11, 2009, the USMC issued a Finding of No Significant
Impact for its Environmental Assessment (EA) on MCAS Cherry Point Range
Operations. Based on the analysis of the EA, the USMC determined that
the proposed action will not have a significant impact on the human
environment. If adequate and appropriate, NMFS intends to adopt the
USMC's EA to allow NMFS to meet its responsibilities under NEPA for the
issuance of an IHA. If the USMC's EA is not adequate, NMFS will
supplement the existing analysis and documents to ensure that we comply
with NEPA prior to the issuance of the IHA.
Dated: June 1, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-13748 Filed 6-7-10; 8:45 am]
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