§ 218.40 - Specified activity and location of specified activities.

§ 218.40 Specified activity and location of specified activities.

(a) Regulations in this subpart apply only to the U.S. Marine Corps (Marine Corps) for the incidental taking of marine mammals that occurs in the area outlined in paragraph (b) of this section incidental to the activities described in paragraph (c) of this section.

(b) The taking of marine mammals by the Marine Corps is only authorized if it occurs within the Brant Island Target (BT-9) and Piney Island Bombing Range (BT-11) bombing targets at the Marine Corps Air Station Cherry Point Range Complex located within Pamlico Sound, North Carolina (as depicted in Figure 3-1 of the Marine Corps' request for regulations and Letter of Authorization). The BT-9 area is a water-based bombing target and mining exercise area located approximately 52 kilometers (km) (32.3 miles (mi)) northeast of Marine Air Corps Station Cherry Point. The BT-11 area encompasses a total of 50.6 square kilometers (km²) (19.5 square miles (mi²)) on Piney Island located in Carteret County, North Carolina.

(c) The taking of marine mammals by the Marine Corps is only authorized if it occurs incidental to the following activities within the annual amounts of use:

(1) The level of training activities in the amounts indicated here:

(i) Surface-to-Surface Exercises - up to 471 vessel-based sorties annually at BT-9 and BT-11; and

(ii) Air-to-Surface Exercises - up to 14,586 air-based based sorties annually at BT-9 and BT-11.

(2) The use of the following live ordnance for Marine Corps training activities at BT-9, in the total amounts over the course of the five-year rule indicated here:

(i) 30 mm HE - 17,160 rounds;

(ii) 40 mm HE - 52,100 rounds;

(iii) 2.75-inch Rocket - 1,100 rounds;

(iv) 5-inch Rocket - 340 rounds; and

(v) G911 Grenade - 720 rounds.

(3) The use of the following inert ordnance for Marine Corps training activities at BT-9 and BT-11, in the total amounts over the course of the five-year rule indicated here:

(i) Small arms excluding .50 cal (7.62 mm) - 2,628,050 rounds at BT-9 and 3,054,785 rounds at BT-11;

(ii) 0.50 Caliber arms - 2,842,575 rounds at BT-9 and 1,833,875 rounds at BT-11;

(iii) Large arms (up to 25 mm) - 602,025 rounds at BT-9 and 1,201,670 rounds at BT-11;

(iv) Rockets, inert (2.75-inch rocket, 2.75-inch illumination, 2.75-inch white phosphorus, 2.75-inch red phosphorus; 5-inch rocket, 5-inch illumination, 5-inch white phosphorus, 5-inch red phosphorus) - 4,220 rounds at BT-9 and 27,960 rounds at BT-11;

(v) Bombs, inert (BDU-45 practice bomb, MK-76 practice bomb, MK-82 practice bomb, MK-83 practice bomb) - 4,055 rounds at BT-9 and 22,114 rounds at BT-11; and

(vi) Pyrotechnics - 4,496 rounds at BT-9 and 8,912 at BT-11.