[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Notices]
[Pages 54676-54679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27393]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 092498A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Explosives Testing at Eglin Air Force Base, FL
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed authorization for
a small take exemption; request for comments.
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SUMMARY: NMFS has received a request from the U.S. Air Force to take,
by harassment and non-serious injury, bottlenose dolphins, spotted
dolphin, and possibly other cetacean species incidental to explosive
testing of obstacle and mine clearance systems at Eglin Air Force Base
(Eglin). Under the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to authorize these takings for a
period not to exceed 1 year.
DATES: Comments and information must be received no later than November
12, 1998.
ADDRESSES: Comments on this application should be addressed to Michael
Payne, Chief, Marine Mammal Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Silver Spring, MD 20910. A copy of the
application and draft environmental assessments (EAs) may be obtained
by writing to this address or by telephoning the contact listed here.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead 301-713-2055, or
David Bernhart, 727-570-5312.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
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) within a
specified geographical region if certain findings are made and
regulations are issued.
Permission may be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s) and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses and that the permissible methods of
taking and requirements pertaining to the monitoring and reporting of
such taking are set forth. NMFS has defined ``negligible impact'' in 50
CFR 216.103 as `` an impact resulting from the specified activity that
cannot be reasonably expected to, and is not reasonably likely to,
adversely affect the species or stock through effects on annual rates
of recruitment or survival.''
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which U.S. citizens can apply for an authorization to
incidentally take small numbers of marine mammals by harassment for a
period of up to 1 year. The MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (a) has the
potential to injure a marine mammal or marine mammal stock in the
[[Page 54677]]
wild; or (b) has the potential to disturb a marine mammal or marine
mammal stock in the wild by causing disruption of behavioral
patterns, including, but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering.
Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and a
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the comment period, NMFS must either issue or deny issuance of
the authorization.
Summary of Request
On July 20, 1998, NMFS received a complete application from the Air
Force Development Test Center, Department of the Air Force, Eglin. The
Air Force, in cooperation with the Naval Surface Warfare Center-Coastal
Systems Station (NSWC-CSS), U.S. Navy, is requesting an authorization
to take, by harassment and non-serious injury, bottlenose dolphins
(Tursiops truncatus), spotted dolphins (Stenella plagiodon), and
possibly other cetacean species incidental to explosive testing of
obstacle and mine clearance systems at Eglin. Eglin is located in the
Florida Panhandle approximately midway between the cities of Pensacola
and Panama City, FL. The location of the proposed action is on the
beach areas on Santa Rosa Island (SRI), approximately 27 kilometers
(km)(17 miles (mi)) west of Destin, FL.
The Navy's current capability to clear obstacles and mines in the
surf zone is limited to the hand placement of explosive charges by Navy
combat swimmers. The effectiveness of this capability is limited by the
ability of swimmers to locate submerged targets and to carry sufficient
explosives to destroy the targets. Such operations are considered
highly hazardous, and the reliability of obstacle removal is considered
to be poor. To facilitate U.S. Marine amphibious assaults, the U.S.
Navy is committed to developing and testing methods to safely and
effectively clear a path through such obstacles.
NWSC-CSS has requested permission from Eglin to test four anti-mine
systems in the shallow surf zone along U.S. Air Force-controlled lands
of SRI. The four test systems are the Shallow Water Assault Breaching
(SABRE) system, the Distributed Explosive Technology (DET) system, the
MK-82 general purpose bombs (GPBs), and the MK-5 Mine Clearance System
(MCS).
The proposed action is to perform up to a total of 10 underwater
detonation tests (2 tests using the SABRE system and up to 8 tests
using the DET array); and a series of tests of explosive systems at
Eglin.
In order to avoid impacting the endangered West Indian manatee
(Trichiechus manatus)(which is more commonly found south of the region
and during warmer months) and sea turtles, tests will be conducted in
the fall and winter 1998/99. While a brief description of the four
systems proposed for testing are described here, more detailed
descriptions of the activity and the expected impact can be found in
the application and in the two EAs on the activities. These documents
are available upon request (see ADDRESSES).
SABRE System
An operational full-length SABRE-line charge consists of 130 10-
pound (lb)(4.5 kg) net explosive weight (N.E.W.) charges on 3-ft (0.9
m) centers which is deployed from a Landing Craft Air-Cushion (LCAC) by
an MK-22 Mod 4 rocket motor. Each charge consists of approximately 9.6
lb (4.3 kg) of PBXN-103 explosive and a W-11 booster, weighing
approximately 0.4 lb (0.2 kg). A detonating cord runs through the
centers of the booster and main charge.
For the two proposed tests, a total of 22 and 23 SABRE charges will
be hand-laid on the sea bottom, perpendicular to the beach in 3 ft (.91
m) and 10 ft (3.0 m) of water, respectively. For both tests, the
detonation sequence will be from the offshore end toward the beach. For
these events, 27 to 31 inert mines will be placed perpendicular to the
line charge and parallel to the shoreline. Total NE.W. of the SABRE
tests will be 221 lbs (100.2 kg) and 232 lbs (105.2 kg), respectively.
DET System
An operational, full-size DET array consists of parallel lines of
detonating cord, whose overall footprint is 180 by 180 ft (54.9 m by
54.9 m). The array is packed in a container and launched from an LCAC
by two MK-22 Mod 4 rocket motors for expansion and subsequent
deployment.
Full-scale systems are not required for these tests. Previous tests
have shown that partial-length SABRE segments and partial-size DET
arrays are adequate for evaluations. The data acquired from small-scale
tests can be scaled up in order to make predictions for military
applications. Thus, for the DET system, the Navy is proposing to use an
11-ft by 60-ft (3.3 m by 18.3 m) DET array in 3 ft (0.9 m) of water.
There will be eight separate DET events, spanning several days, with
two to three arrays tested per day. The NE.W. of each array is 42 lbs
(19 kg), with arrays being detonated at the seaward end. Each array
will be placed above a maximum of four live mines consisting of either
22 or 26.4 lbs (10 or 12 kg) of explosive. Depending upon the mine
type, total NE.W. of each test therefore would be up to either 130 lbs
(59 kg) or 147.6 lbs (67 kg). DET events will be hand-deployed from a
boat and exploded electronically by trained personnel.
MK-82 GPBs
The proposed action is an evaluation of the MK-82 GPBs to clear
anti-invasion beach obstacles and mines in the surf zone. The MK-82
GPBs to be tested consist of seven GPBs, each containing 192 lbs (87.1
kg) of explosive for a total NE.W. of 1,344 lbs (610 kg). The
configuration for testing will be a linear arrangement of seven bombs
spaced 24 ft (7.3 m) apart, located parallel to the shoreline in 6 ft
(1.8 m) of water.
Two separate deployments and firings are required to test this
configuration. All MK-82s will be buried vertically to approximately
one-half length (about 3 ft (0.9 m) by jetting. The MK-82s will be
detonated using approximately 1/4 block of C-4 explosive paced into the
aft fuse well. The MK-82s will be detonated simultaneously in 6 ft (1.8
m) of water using remote detonators to detonate the C-4. Beach
obstacles (log posts, concrete cubes, and steel hedgehogs) and inert
mines will be placed around the bombs to serve as targets for bomb
fragments and blast.
MK-5 MCS
The MK-5 MCS consists of a 350-ft (106.7 m) continuous length
charge of composition C-4 explosive (with a distribution of 5 lb (2.3
kg) per linear foot and a pair of detonating cords (totaling 11 lbs (5
kg). Total NE.W. of the system is 1,750 lbs (794 kg). The MK-5 MCS
would be deployed in the surf zone about 550 ft (167.6 m) from shore by
an LCAC. Once fully deployed, it will then be detonated. Testing will
take place over a 3-day period. On the first day, there will be inert
firings of four MK5 systems. The second day will consist of one inert
firing and one live firing of a MK5 system. The third day will consist
of three separate live firings.
Description of Habitat and Marine Mammals Affected by the Activity
A description of the project area ecosystem in the eastern Gulf of
Mexico (GOM) can be found in the application and in the associated
draft EAs and need not be repeated here.
[[Page 54678]]
Marine Mammals
Although approximately 27 species of marine mammals (whales,
dolphins and porpoises) reside in or pass through the northeastern GOM,
the only species of marine mammals that are likely to be impacted by
the activities proposed for the shallow coastal waters off SRI are the
bottlenose dolphin (Tursiops truncatus) and the Atlantic spotted
dolphin (Stenella frontalis). Information on these two species may be
found in the application and in the supporting EAs for these projects.
Additional information on these and other species of marine mammals in
the GOM can be found in Blaylock et al. (1995) and Waring et al.
(1997). Please refer to those documents for information on the biology,
distribution, and abundance of these species.
Potential Effects of Explosives on Marine Mammals
Potential impacts to those marine mammal species known to occur in
the SRI area from explosives include both lethal and non-lethal injury,
as well as incidental harassment. The pressure wave from the explosive
can impact air cavities, such as lungs and intestines. Extensive
hemorrhaging into the lungs due to underwater shock waves may cause
death to a marine mammal through suffocation (Hill, 1978). Other common
injuries which may result in mortality include circulatory failure,
broncho-pneumonia in damaged lungs, or peritonitis resulting from
perforations of the intestinal wall (Hill, 1978). Because impulse
levels sufficient to cause lethal injury increase with increased mammal
mass (Yelverton et al., 1973), conservative criteria are based on the
lowest possible affected mammalian weight (e.g., an infant dolphin).
Extensive lung hemorrhage is an injury which would be debilitating, and
not all animals would be expected to survive (1 percent mortality is
predicted at the onset level). As the severity of extensive lung
hemorrhage increases beyond the onset level, gastro-intestinal tract
injuries can increase significantly. The expected mortality level
associated with these combined severe injuries would be significantly
higher than 1 percent (U.S. Navy, 1998).
Non-lethal injuries involve slight lung hemorrhage and tympanic
membrane (TM) rupture from which the mammal is expected to recover
(Yelverton et al., 1973; Richmond et al., 1973). Eardrum damage
criteria are based upon a limited number of small charge tests
(Yelverton et al., 1973; Richmond et al., 1973). Ranges for percent TM
rupture incurred by underwater explosives can be calculated by a
conservative TM damage model (U.S. Navy, 1996). General criteria for TM
damage has been reported to occur at impulse levels down to 20 psi-msec
(Yelverton et al., 1973).
Because eardrum (e.g., TM) rupture, rather than slight lung
hemorrhage, usually occurs at lower impulse levels, TM rupture is used
by NMFS and others to conservatively define the non-lethal injury zone.
A maximum impulse of 10 psi-msec is often considered to define the non-
lethal injury zone, where a very low incidence of blast injuries are
likely to occur (Yelverton et al., 1973). A level of pressure impulse
at which marine mammals are not expected to experience non-lethal
injury (nor instantaneous mortality or lethal injury) is reported to be
5 psi-msec (Yelverton et al., 1973). This is the impulse level adopted
by the Air Force to designate no injurious takings by this activity.
In addition to lethal, serious, and non-serious injury, harassment
of marine mammals may occur as a result of non-injurious physiological
responses to an explosion-generated shockwave and its acoustic
signature. Based upon information provided in the SEAWOLF shock trial
final environmental impact statement (U.S. Navy, 1998), a dual
criterion for marine mammal acoustic harassment has been developed for
explosive-generated signals: (1) an energy-based temporary threshold
shift(TTS) injury criterion of 182 dB re 1 uPa2 -sec derived
from experiments with bottlenose dolphins (Ridgway et al., 1997), and
(2) a 12 lbs/in2 (psi) peak pressure cited by Ketten (1995)
as associated with a ``safe outer limit (for the 10,000 lb charge for
minimal, recoverable auditory trauma'' (i.e., TTS)). For this activity,
noise levels that fall between the 5 psi-msec and out to a transmission
distance where a noise level of 180 dB re 1 uPa2 -sec (Air
Force, 1998) will be considered to fall within the incidental
harassment zone.
The potential impact to Atlantic bottlenose dolphins and the
Atlantic spotted dolphins, the two species that may potentially be
affected, was evaluated using modeling on the effects of underwater
explosions resulting from each of the test systems described previously
(see application). Based upon data provided in Tables 5.2 and 5.3 in
the application, the maximum number of Atlantic bottlenose dolphins
potentially injured from all tests ranges from 4 to 13. The maximum
number of Atlantic spotted dolphins potentially injured from all tests
combined is less than 1. These are the maximum injury levels without
implementation of mitigation.
The estimated total numbers of bottlenose dolphins and spotted
dolphins potentially exposed to takes by harassment are 33 and 1,
respectively. The total number of bottlenose dolphins potentially
exposed to noise from the source of the noise to 180 dB re 1
uPa2 -sec ranges from 4 to 15 for the MK-82 GPB tests, 1 to
3 for the MK5 MCS tests, 1 to 2 for the combined SABRE tests, and 4 to
13 for all DET array tests combined. However, mitigation is expected to
obviate any injury to marine mammals.
Mitigation
There are two forms of mitigation: (1) natural, as provided by the
environment and (2) human, designed to protect marine mammals to the
greatest extent practicable.
Natural mitigation: Physical characteristics of the proposed test
area and test methods will ameliorate the underwater shock wave. Tests
will be conducted in approximately 3 to 10 ft (0.9 to 3.0 m) of water.
At this shallow depth, some protection of the energy from the
detonations will be directed through the surface of the water rather
than transmitted through the water. Another consequence of the shallow,
as opposed to the deep water detonation depth is that bubble pulse is
not significant and there will be far less energy in any oscillations.
Additionally, these tests will be conducted inside the offshore bar at
the SRI site. The offshore bar ameliorates the transmission of the
underwater portion of the shock wave. Also, MK-82 GPBs will be buried
in bottom sands to approximately their center of gravity (3 ft (0.9 m),
a factor expected to mitigate the transmission of the shock wave as the
detonations will be directed downwards.
Human mitigation: Eglin has established safety zones to prevent
marine mammal injury for each test. These safety zones are: 0.75 km for
SABRE-22, 1.0 km for SABRE-23, 1.0 km for DET, 6.0 km for MK-82 GPB,
and 0.5 km for MK-5 MCS.
Eglin has proposed that base personnel conduct a 30-minute pre-
detonation aerial monitoring survey immediately prior to each test to
ensure no marine mammals are within each test area's designated safety
zone. With water depths less than 18 m (59 ft), low turbidity, and
white sand bottom, exceptional marine mammal visibility is ensured.
Aerial surveys will be conducted at approximately 100 ft (30.5 m)
elevation.
In order to ensure adequate visibility for locating marine mammals
(and sea turtles), no tests will take place if sea state conditions are
greater than
[[Page 54679]]
category 3 and water clarity is not adequate for conducting surveys. No
tests will take place if marine mammals or sea turtles are sighted
within the safety zone.
Monitoring
In addition to pre-detonation monitoring mentioned previously,
Eglin will conduct aerial surveys immediately following each detonation
event. The post-test monitoring will be conducted in a similar manner
to the pre-test monitoring, except that observation personnel will be
focused on locating any injured marine mammals. If any injured marine
mammals are observed during post-test monitoring, subsequent
detonations will be postponed, and the local stranding network
notified. The project will be required to be reviewed by Air Force and
NMFS personnel prior to conducting any additional tests.
Reporting
Any takes of marine mammals other than authorized by the Incidental
Harassment Authorization (IHA) will be reported to the Regional
Administrator, NMFS, by the next working day. A draft final report of
the entire test results and marine mammal observations for pre- and
post-detonation monitoring will be submitted to NMFS within 90 days
after completion of the last test. Unless notified by NMFS to the
contrary, that draft final report will be considered the final report
under the IHA.
National Environmental Policy Act (NEPA)
As part of its request for a small take authorization, the U.S. Air
Force has prepared two EAs, one for SABRE and DET and a second document
for the MK-82/MK-5 systems. These EAs, which supplement information
contained in the application, are necessary for determining whether the
activities proposed for receiving small take authorizations are having
a negligible impact on affected marine mammal stocks. The U.S. Air
Force is accepting comment on these EAs, and, based upon the comments
received on this proposed authorization, NMFS will (1) adopt the U.S.
Air Force EAs as its own and sign a Finding of No Significant Impact
(FONSI) statement, (2) amend the U.S. Air Force EA to incorporate
relevant comments, suggestions, and information and to sign a new FONSI
statement, or (3) based upon comments received, prepare and release for
comment a Draft EA.
Consultation
Under section 7 of the Endangered Species Act, NMFS has begun
consultation on the proposed issuance of an incidental harassment
authorization. Consultation will be concluded upon completion of the
comment period after taking into consideration the comments received on
the proposed issuance of an IHA.
Proposed Authorization
NMFS proposes to issue an IHA to the U.S. Air Force for the
incidental harassment and non-serious injury of a small number of
bottlenose dolphins, spotted dolphins, and possibly other cetacean
species. NMFS has preliminarily determined that, provided the proposed
mitigation measures are enacted, the short-term impact of explosives
testing for obstacle and mine clearance systems at Eglin has the
potential to result in no more than a negligible impact on affected
marine mammal stocks.
Information Solicited
NMFS requests interested persons to submit comments, information,
and suggestions concerning this request (see ADDRESSES).
Dated: October 6, 1998.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 98-27393 Filed 10-9-98; 8:45 am]
BILLING CODE 3510-22-F
