Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations 5545

§ 73.3527 [Amended] mammals incidental to conducting and reporting requirements. Section ■ 13. Amend § 73.3527 by removing and testing and training activities in the 101(a)(5)(A) of the MMPA and the reserving paragraph (e)(13). Eglin Gulf Test and Training Range implementing regulations at 50 CFR part (EGTTR) in the Gulf of Mexico over the 216, subpart I provide the legal basis for §§ 73.6011 and 73.6016 [Removed] course of five years. These regulations issuing this rule and any subsequent ■ 14. Remove §§ 73.6011 and 73.6016. allow NMFS to issue a Letter of LOA pursuant to those regulations. As Authorization (LOA) for the incidental directed by this legal authority, this PART 74—EXPERIMENTAL RADIO, take of marine mammals during the final rule contains mitigation, AUXILIARY, SPECIAL BROADCAST specified testing and training activities monitoring, and reporting requirements. AND OTHER PROGRAM carried out during the rule’s period of Authorization for incidental takings DISTRIBUTIONAL SERVICES effectiveness, set forth the permissible shall be granted if NMFS finds that the methods of taking, set forth other means taking will have a negligible impact on ■ 15. The authority citation for part 74 of effecting the least practicable adverse the species or stock(s), will not have an continues to read as follows: impact on marine mammal species or unmitigable adverse impact on the Authority: 47 U.S.C. 154, 302a, 303, 307, stocks and their habitat, and set forth availability of the species or stock(s) for 309, 310, 336 and 554. requirements pertaining to the subsistence uses (where relevant), and if monitoring and reporting of the the Secretary sets forth permissible § 74.705 [Removed] incidental take. The specific activities methods of taking and other means of ■ 16. Remove § 74.705. are classified as military readiness effecting the least practicable impact on activities. the species or stock and its habitat. NMFS has defined ‘‘negligible impact’’ PART 76—MULTICHANNEL VIDEO DATES: Effective February 13, 2018 in 50 CFR 216.103 as ‘‘an impact AND CABLE TELEVISION SERVICE through February 12, 2023. resulting from the specified activity that ■ 17. The authority citation for part 76 ADDRESSES: To obtain an electronic cannot be reasonably expected to, and is continues to read as follows: copy of the USAF 96 CEG/CEIEA’s LOA not reasonably likely to, adversely affect application or other referenced Authority: 47 U.S.C. 151, 152, 153, 154, the species or stock through effects on documents, visit the internet at: http:// annual rates of recruitment or survival.’’ 301, 302, 302a, 303, 303a, 307, 308, 309, 312, www.nmfs.noaa.gov/pr/permits/ 315, 317, 325, 338, 339, 340, 341, 503, 521, The National Defense Authorization 522, 531, 532, 534, 535, 536, 537, 543, 544, incidental/military.htm. Documents Act for Fiscal Year 2004 (Section 319, 544a, 545, 548, 549, 552, 554, 556, 558, 560, cited in this rule may also be viewed, by Pub. L. 108–136, November 24, 2003) 561, 571, 572, 573. appointment, during regular business (NDAA of 2004) removed the ‘‘small hours, at 1315 East-West Highway, numbers’’ and ‘‘specified geographical § 76.1630 [Removed] SSMC III, Silver Spring, MD 20912. region’’ limitations indicated earlier and ■ 18. Remove § 76.1630. FOR FURTHER INFORMATION CONTACT: Rob amended the definition of harassment as [FR Doc. 2018–02552 Filed 2–7–18; 8:45 am] Pauline, Office of Protected Resources, it applies to a ‘‘military readiness BILLING CODE 6712–01–P NMFS, (301) 427–8401. activity’’ to read as follows (Section SUPPLEMENTARY INFORMATION: 3(18)(B) of the MMPA, 16 U.S.C. 1362(18)(B)): (i) Any act that injures or Availability has the significant potential to injure a DEPARTMENT OF COMMERCE A copy of the 96 CEG/CEIEA’s marine mammal or marine mammal National Oceanic and Atmospheric application, NMFS proposed rule (82 FR stock in the wild (Level A Harassment); Administration 61372; December 27, 2017), the USAF’s or (ii) any act that disturbs or is likely Eglin Gulf Test and Training Range to disturb a marine mammal or marine 50 CFR Part 218 Environmental Assessment (Navy 2015) mammal stock in the wild by causing and NMFS Finding of No Significant disruption of natural behavioral [Docket No. 170831846–8105–02] Impact (FONSI) may be obtained by patterns, including, but not limited to, visiting the internet at: http:// RIN 0648–BH21 migration, surfacing, nursing, breeding, www.nmfs.noaa.gov/pr/permits/ feeding, or sheltering, to a point where Taking and Importing Marine incidental/military.htm. Documents such behavioral patterns are abandoned Mammals; Taking Marine Mammals cited in this rule may also be viewed, by or significantly altered (Level B Incidental to Testing and Training appointment, during regular business Harassment). hours, at the aforementioned address Activities Conducted in the Eglin Gulf National Environmental Policy Act Test and Training Range in the Gulf of (see ADDRESSES). Mexico To comply with the National Background Environmental Policy Act of 1969 AGENCY: National Marine Fisheries Section 101(a)(5)(A) of the MMPA (16 (NEPA; 42 U.S.C. 4321 et seq.) and Service (NMFS), National Oceanic and U.S.C. 1371(a)(5)(A)) directs the NOAA Administrative Order (NAO) Atmospheric Administration (NOAA), Secretary of Commerce to allow, upon 216–6A, NMFS must review the Commerce. request, the incidental, but not proposed action (i.e., the issuance of ACTION: Final rule. intentional taking of small numbers of regulations and an LOA) with respect to marine mammals by U.S. citizens who potential impacts on the human SUMMARY: Upon application from the engage in a specified activity (other than environment. United States Air Force (USAF), 96th commercial fishing) within a specified Accordingly, NMFS has adopted the Civil Engineer Group/Environmental geographical region for up to five years USAF’s Eglin Gulf Test and Training Planning Office (96 CEG/CEIEA) at Eglin if, after notice and public comment, the Range Environmental Assessment and Air Force Base (hereafter referred to as agency makes certain findings and after an independent evaluation of the Eglin AFB), NMFS is issuing regulations issues regulations that set forth document found that it included under the Marine Mammal Protection permissible methods of taking pursuant adequate information analyzing the Act (MMPA) for the taking of marine to that activity, as well as monitoring effects on the human environment of

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issuing incidental take authorizations. final reports. Information regarding their mammals and other marine life. EGTTR In February 2018, NMFS issued a monitoring results may be found in the missions may not resume until adequate Finding of No Significant Impact Effects of the Specified Activity on sea conditions exist for monitoring; (FONSI). The final EA and FONSI are Marine Mammals and their Habitat • If unauthorized takes of marine available at: http://www.nmfs.noaa.gov/ section. Based on these reports, NMFS mammals (i.e., serious injury or pr/permits/incidental/military.htm. has determined that impacts to marine mortality) occur, ceasing operations and mammals were not beyond those reporting to NMFS immediately and Summary of Request anticipated. Eglin AFB’s current LOA submitting a report to NMFS within 24 On September 16, 2015, NMFS would supersede the existing PSW and hours; received a request for regulations from AS gunnery rule that is in effect until • Aerial-based monitoring will be Eglin AFB for the taking of marine March 4, 2019, and would include all of employed which provides an excellent mammals incidental to testing and Eglin AFB’s testing and training viewing platform for detection of marine training activities in the EGTTR activities, including WSEP activities, mammals at or near the surface; (defined as the area and airspace over into one new rule with the exception of • Video-based monitoring via live the Gulf of Mexico controlled by Eglin NEODS training activities. Eglin AFB high-definition video feed will be AFB, beginning at a point three nautical has never conducted any NEODS employed which facilitates data miles (NM) off the coast of Florida) for training activities and is not including collection for the mission but can also a period of five years. Eglin AFB worked these activities as part of the new allow remote viewing of the area for with NMFS to revise the model used to rulemaking. determination of environmental calculate take estimates and submitted a conditions and the presence of marine revised application on April 15, 2017. Summary of Major Provisions Within species up to the release time of live The application was considered the Final Rule munitions; adequate and complete on October 30, Following is a summary of some of • Vessel-based monitoring will be 2017. the major provisions applicable to Eglin employed; and On August 24, 2017, we published a AFB’s Testing and training missions in • Ramp-up procedures will be notice of receipt of Eglin AFB’s the EGTTR. We have determined that implemented during gunnery application in the Federal Register (82 Eglin AFB’s adherence to the mitigation, operations. FR 40141), requesting comments and monitoring, and reporting measures Detailed Description of the Specified information for thirty days related to included in this rule would achieve the Activity Eglin AFB’s request. We did not receive least practicable adverse impact on the any comments from the public. We affected marine mammals. The The proposed rule (82 FR 61372; subsequently published a notice of provisions, which are generally December 27, 2017) and the 96 CEG/ proposed rulemaking in the Federal designed to minimize the duration and CEIEA’s EA include a complete Register on December 27, 2017 (82 FR total volume of explosive detonations, description of the USAF’s specified 61372), again requesting public include: training activities for which NMFS is comments. • Monitoring will be conducted by authorizing incidental take of marine NMFS previously issued incidental personnel who have completed Eglin’s mammals in this final rule. Surface and take authorizations for activities taking Marine Species Observer Training sub-surface detonations are the stressors place in the EGTTR. On April 23, 2012, Course, which was developed in most likely to result in impacts on NMFS promulgated rulemaking and cooperation with the National Marine marine mammals that could rise to the issued an LOA for takes of marine Fisheries Service; level of harassment. The mammals incidental to Eglin AFB’s • For each live mission, at a aforementioned documents can be Naval Explosive Ordnance Disposal minimum, pre- and post-mission found at http://www.nmfs.noaa.gov/pr/ School (NEODS) training operations at monitoring will be required. Monitoring permits/incidental/military.htm). The Eglin AFB. This rule expired on April will be conducted from a given platform description of location, delivery aircraft, 24, 2017 (77 FR 16718; March 22, 2012). depending on the specific mission. The and weapon types remain unchanged, On March 5, 2014, NMFS promulgated purposes of pre-mission monitoring are and we incorporate this description by rulemaking and issued an LOA for takes to (1) evaluate the mission site for reference, and provide a summary of marine mammals incidental to Eglin environmental suitability and (2) verify below. AFB’s Special Operations Command that the zone of influence (ZOI) is free Eglin AFB will conduct military (AFSOC) precision strike weapons of visually detectable marine mammals aircraft missions within the EGTTR that (PSW) and air-to-surface (AS) gunnery and potential marine mammal involve the employment of multiple activities in the EGTTR, which is valid indicators. Post-mission monitoring is types of live (explosive) and inert (non- through March 4, 2019 (79 FR 13568; designed to determine the effectiveness explosive) munitions against various March 11, 2014). In addition to these of pre-mission mitigation by reporting surface targets. Munitions may be rules and LOAs, NMFS has issued sightings of any dead or injured marine delivered by multiple types of aircraft Incidental Harassment Authorizations mammals; including, but not limited to, fighter (IHA) for take of marine mammals • Mission delay will be implemented jets, bombers, and gunships. Munitions incidental to Eglin AFB’s Maritime during live ordnance mission activities consist of bombs, missiles, rockets, and Strike Operations (78 FR 52135; August if protected species, large schools of gunnery rounds. The targets may vary, 22, 2013; valid August 19, 2013 through fish, or large flocks of birds are observed but primarily consist of stationary, August 18, 2014) and Maritime feeding at the surface within the ZOI. towed, or remotely controlled boats, Weapons Systems Evaluations Program Mission activities may not resume until inflatable targets, or marking flares. (WSEP) annually in 2015 (80 FR 17394), the animals are observed moving away Detonations may occur in the air, at the 2016 (81 FR 7307), and 2017 (82 FR from the ZOI or 30 minutes have passed; water surface, or approximately 10 feet 10747) which currently expires on • Mission delay will be implemented (ft) below the surface. Absent February 3, 2018. Eglin AFB complied if daytime weather and/or sea mitigation, mission activities planned in with all conditions of the LOAs and conditions preclude adequate the EGTTR have the potential to expose IHAs issued, including submission of monitoring for detecting marine cetaceans to sound or pressure levels

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currently associated with mortality, Munitions (SOPGM) testing involving Missions that involve inert munitions Level A harassment, and Level B captive-carry, store separation, and and in-air detonations may occur harassment, as defined by the MMPA. weapon employment tests; (5) 780th anywhere in the EGTTR but are Testing and training missions would Test Squadron (TS) activities involving typically conducted in W–151. be conducted during any time of the precision strike weapon (PSW) test For this LOA, descriptions of mission year. Missions that involve inert missions (launch of munitions against activities that involve in-water munitions and in-air detonations may targets in the EGTTR) and Longbow detonations include a section called occur anywhere in the EGTTR. Aside Littoral Testing (data collection on Mission-Day Categorization. This from gunnery operations, mission tracking and impact ability of the subsection describes the mission-day activities that release live ordnance Longbow missile on small boats); (6) scenario used for acoustic modeling and resulting in surface or subsurface 96th Test Wing Inert Missions is based on the estimated number of detonations would be conducted at a (developmental testing and evaluation weapons released per day. This pre-determined location approximately for wide variety of air-delivered approach is meant to satisfy NMFS’ 17 miles offshore of Santa Rosa Island, weapons and other systems using inert requests to analyze and assess acoustic in a water depth of about 35 meters (m) bombs); and (7) 96 Operations Group impacts associated with accumulated (115 ft). (OG) missions, which involve the energy from multiple detonations All activities will take place within support of air-to-surface missions for occurring over a 24-hour timeframe. the EGTTR, which is defined as the several user groups within EGTTR. Eglin AFB used all available airspace over the Gulf of Mexico During these activities, ordnances information to develop each mission- controlled by Eglin AFB, beginning at a may be delivered by multiple types of day scenario, including historical point 3 NM from shore. The EGTTR is aircraft, including bombers and fighter release records; however, these subdivided into blocks consisting of aircraft. The actions include air-to- scenarios may not represent exact Warning Areas W–155, W–151, W–470, ground missiles (AGM); air intercept weapon releases because military needs W–168, and W–174, as well as Eglin missiles (AIM); bomb dummy units and requirements are in a constant state Water Test Areas 1 through 6 (See (BDU); guided bomb units (GBU); of flux. The mission-day categorizations Figure 1–2 in Application). Most of the projectile gun units (PGU); cluster bomb provide high-, medium-, and low- blocks are further sub-divided into units (CBU); wind-corrected munitions intensity mission-day scenarios for smaller airspace units for scheduling dispensers (WCMD); small-diameter some groups and an average scenario for purposes (for example, W–151A, B, C, bombs (SDB) and laser small diameter other groups. Mission-day scenarios and D). However, most of the activities bombs (LSDB); high explosive vary for each user group and are will occur in W–151, and the great incendiary units (HEI); joint direct described in the following sections. majority will occur specifically in sub- attack munitions (JDAM) and laser joint area W–151A due to its proximity to direct attack munitions (LJDAM); Note that additional testing and shore (Figure 1–3 in Application). research department explosives (RDX); training activities are planned for the Descriptive information for all of W–151 joint air-to-surface stand-off missiles EGTTR that will not result in any and for W–151A specifically is provided (JASSM); high altitude anti-submarine acoustic impacts to marine mammals below. warfare weapons (inert); high-speed and, therefore, not require any acoustic Eglin AFB plans to conduct the maneuverable surface targets; and analyses. Examples include the firing of following actions in the EGTTR: (1) 86th gunnery rounds. Net explosive weight 0.50 caliber and 7.62 gunnery rounds Fighter Weapons Squadron (86 FWS) (NEW) of the live munitions ranges from that do not contain explosives, use of Maritime Weapons System Evaluation 0.1 to 945 pounds (lb). airburst-only detonations, and Program (WSEP) test missions that The EGTTR testing and training operations involving simulated weapons involve the use of multiple types of live missions are classified as military delivery. Those activities are described and inert munitions (bombs and readiness activities and involve the in detail in the Application but are not missiles) detonated above, at, or slightly firing or dropping of air-to-surface discussed here. below the water surface; (2) Advanced weapons. Depending on the 86th Fighter Weapons Squadron Systems Employment Project actions requirements of a given mission, Maritime Weapons System Evaluation that involve deployment of a variety of munitions may be inert (contain no or Program pods, air-to-air missiles, bombs, and very little explosive charges) or live other munitions (all inert ordnances in (contain explosive charges). Live The 86 FWS would continue to use relation to EGTTR); (3) Air Force munitions may detonate above, at, or multiple types of live and inert Special Operations Command (AFSOC) slightly below the water surface. In most munitions in the EGTTR against small training, including air-to-surface cases, missions consisting of live bombs, boat targets for the Maritime WSEP gunnery missions involving firing live missiles, and rockets that detonate at or Operational Testing Program. The gunnery rounds at targets on the water below the water surface will occur at a purpose of the testing is to continue the surface in EGTTR, small diameter bomb site in W–151A that has been designated development of tactics, techniques and (SDB) and Griffin/Hellfire missile specifically for these types of activities. procedures (TTP) for USAF strike training involving the use of live Typically, test data collection is aircraft to counter small maneuvering missiles and SDBs in the EGTTR against conducted from an instrumentation surface vessels in order to better protect small towed boats, and CV–22 tiltrotor barge known as the Gulf Range vessels or other assets from small boat aircraft training involving the firing of Armament Test Vessel (GRATV) threats. 0.50 caliber (cal.)/7.62 mm ammunition anchored on-site, which provides a Proposed aircraft and munitions at flares floating on the EGTTR water platform for cameras and weapon- associated with Maritime WSEP surface; (4) 413th Flight Test Squadron tracking equipment. Therefore, the activities are shown in Table 1. Because (FLTS) Precision Strike Program (PSP) mission area is referred to as the GRATV the focus of the tests would be weapon/ activities involving firing munitions at target location. Alternative site locations target interaction, no particular aircraft flare targets on the EGTTR water surface may be selected, if necessary, within a would be specified for a given test as and Stand-Off Precision Guided 5-mile radius around the GRATV point. long as it met the delivery requirements.

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TABLE 1—MARITIME WSEP MUNITIONS AND EXAMPLE AIRCRAFT

Munitions Aircraft

AGMÐ114 (Hellfire) ...... FÐ15 fighter aircraft. AGMÐ176 (Griffin) ...... FÐ16 fighter aircraft. AGMÐ65 (Mavericks) ...... FÐ18 fighter aircraft. AIMÐ9X ...... FÐ22 fighter aircraft. BDUÐ56 ...... FÐ35 fighter aircraft. CBUÐ105 (WCMD) ...... ACÐ130 gunship. GBUÐ12/GBUÐ54 ...... AÐ10 fighter aircraft. GBUÐ10/GBUÐ24 ...... BÐ1 bomber aircraft. GBUÐ31 ...... BÐ52 bomber aircraft. GBUÐ38 ...... BÐ2 bomber aircraft. PGUÐ13/B ...... MQÐ1. PGUÐ27 ...... MQÐ9. 2.75 in Rockets. 7.62mm/50 Cal. GBUÐ39 (Laser SDB). GBUÐ53 (SDB II). AGM = air-to-ground missile; AIM = air intercept missile; BDU = Bomb, Dummy Unit; GBU = Guided Bomb Unit; PGU = Projectile Gun Unit; CBU = Cluster Bomb Unit; WCMD = Wind-Corrected Munitions Dispenser; mm = millimeters; SDB = Small Diameter Bomb.

Live munitions would be set to about 5 to 10 ft. The annual number, tested is considered necessary to detonate either in the air, height or depth of detonation, explosive provide the intended level of tactics and instantaneously upon contact with a material, and net explosive weight weapons evaluation, including a target boat, or after a slight delay (up to (NEW) of each live munition associated number of replicate tests sufficient for 10 millisecond) after impact, which with Maritime WSEP is provided in an acceptable confidence level regarding would correspond to a water depth of Table 2. The quantity of live munitions munitions capabilities.

TABLE 2—ANNUAL MARITIME WSEP MUNITIONS USE IN THE EGTTR

Number of Detonations sce- NEW Type of munition munitions nario Warhead—explosive material (lbs)

GBUÐ10 or GBUÐ24 ...... 2 Surface or Sub- MK–84—Tritonal ...... 945 surface. GBUÐ49 ...... 4 Surface ...... Tritonal ...... 300 JASSM ...... 4 Surface ...... Tritonal ...... 240 GBUÐ12/Ð54 (LJDAM)/Ð38/Ð32 (JDAM) .... 10 Surface or Sub- MK–82—Tritonal ...... 192 surface. AGMÐ65 (Maverick)...... 8 Surface ...... WDUÐ24/B penetrating blast-fragmenta- 86 tion warhead. CBUÐ105 ...... 4 Airburst ...... 10 BLUÐ108 submunitions with 4 projec- 107.63 tiles, parachute, rocket motor & altim- eter. 10.69 lbs NEW/submunition (in- cludes 2.15 lbs/projectile). GBUÐ39 (LSDB) ...... 4 Airburst, Surface, or AFXÐ757 (Insensitive munition) ...... 37 Subsurface. AGMÐ114 (Hellfire) ...... 30 Airburst or Surface, High Explosive Anti-Tank (HEAT) tandem 29 Subsurface. anti-armor metal augmented charge. GBUÐ53 (SDB II) ...... 4 Airburst, Surface or PBXÐNÐ109 Aluminized Enhanced Blast, 22.84 Subsurface. Scored Frag Case, Copper Shape Charge. AIMÐ9X ...... 2 Surface ...... PBXNÐ3 ...... 7.9 AGMÐ176 (Griffin) ...... 10 Airburst or Surface .. Blast fragmentation ...... 4.58 Rockets (including APKWS) ...... 100 Surface ...... Comp BÐ4 HEI ...... 10 PGUÐ13 HEI 30 mm...... 1,000 Surface ...... 30 x 173 mm caliber with aluminized 0.1 RDX explosive. Designed for GAUÐ8/A Gun System. GBUÐ10 ...... 21 Inert ...... N/A ...... N/A GBUÐ12 ...... 27 Inert ...... N/A ...... N/A GBUÐ24 ...... 17 Inert ...... N/A ...... N/A GBUÐ31 ...... 6 Inert ...... N/A ...... N/A GBUÐ38 ...... 3 Inert ...... N/A ...... N/A GBUÐ54 ...... 16 Inert ...... N/A ...... N/A BDUÐ56 ...... 13 Inert ...... N/A ...... N/A AIMÐ9X ...... 3 Inert ...... N/A ...... N/A PGUÐ27 ...... 46,000 Inert ...... N/A ...... N/A AGM = air-to-ground missile; AIM = air intercept missile; BDU = Bomb, Dummy Unit; CBU = Cluster Bomb Unit; GBU = Guided Bomb Unit; HEI = high explosive incendiary; lbs = pounds; LJDAM = laser joint direct attack munition; LSDB = Laser Small Diameter Bombs; MK = mark; mm = millimeters; NEW = Net Explosive Weight; PGU = Projectile Gun Unit; RDX = research department explosive; SDB = Small Diameter Bomb.

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Mission-day categorizations of develop three different scenarios: Category B represents munitions with weapon releases listed in Table 3 were Categories A, B, and C. Mission-day medium levels of NEW (20 to 86 developed based on historical mission Category A represents munitions with pounds) including surface and data, project engineer input, and future larger NEW (192 to 945 pounds) with subsurface detonations. Category B was Maritime WSEP requirements. both surface and subsurface developed using actual levels of weapon Categories of missions were grouped detonations. This category includes releases during Maritime WSEP first using historical weapon releases future requirements and provides missions (refer to Maritime WSEP per day (refer to Maritime Strike and flexibility for the military mission. To annual reports for 2015 and 2016). Maritime WSEP annual reports for 2015 date, Category A levels of activity have Category C represents munitions with and 2016). Next, the most recent not been conducted under the 86 FWS smaller NEW (0.1 to 13 pounds) and weapons evaluation needs and Maritime WSEP missions and is includes surface detonations only. requirements were considered to considered a worst-case scenario.

TABLE 3—MARITIME WSEP MUNITIONS CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW (lbs) Detonation Munitions per Mission days/ Munitions/ category type day year year

A ...... GBUÐ10/Ð24/Ð31 ...... 945 Subsurface ..... 1 2 2 (10-ft depth) ... GBUÐ49 ...... 300 Surface ...... 2 ...... 4 JASSM ...... 240 Surface ...... 2 ...... 4 GBUÐ12/-54 (LJDAM)/Ð38/Ð32 (JDAM) 192 Subsurface ..... 5 ...... 10 (10-ft depth) ... B ...... AGMÐ65 (Maverick) ...... 86 Surface ...... 2 4 8 GBUÐ39 (SDB) ...... 37 Surface ...... 1 ...... 4 AGMÐ114 (Hellfire) ...... 20 Subsurface ..... 5 ...... 20 (10-ft depth) ... C ...... AGMÐ176 (Griffin) ...... 13 Surface ...... 5 2 10 2.75 rockets ...... 12 Surface ...... 50 ...... 100 AIMÐ9X ...... 7.9 Surface ...... 1 ...... 2 PGUÐ12 HEI 30 mm ...... 0.1 Surface ...... 500 ...... 1,000 AGM = air-to-ground missile; CBU = Cluster Bomb Unit; GBU = Guided Bomb Unit; HEI = high explosive incendiary; JDAM = Joint Direct At- tack Munition; LJDAM = Laser Joint Direct Attack Munition; lbs = pounds; NEW = net explosive weight; PGU = Projectile Gun Unit; mm = milli- meter; SDB = Small Diameter Bomb.

Advanced Systems Employment Project munitions in nearshore waters of the well under a minute and rarely from The planned Advanced Systems EGTTR (W–151). Training activities two to five minutes. Employment Project (ASEP) action include air-to-surface gunnery and small Gunnery missions could occur any includes evaluating upgrades to diameter bomb/Griffin/Hellfire missile season of year, during daytime or numerous research and development, as proficiency training. The following nighttime hours. The quantity of live well as USAF hardware and software, subsections describe the planned rounds expended is based on estimates initiatives. F16, F15E, and BAC1–11 actions included in Eglin AFB’s LOA provided by AFSOC regarding the aircraft would be used to deploy a request. annual number of missions and number variety of pods, air-to-air missiles, Air-to-surface gunnery missions of rounds per mission. The 105 mm FU rounds would typically be used during bombs, and other munitions. Many of involve firing of live gunnery rounds daytime missions, while the 105 mm TR the missions are conducted over Eglin from the AC–130 aircraft at targets on variants would be used at night. land ranges. However, inert the water surface in the EGTTR. instrumented MK–84 Joint Direct Attack On March 5, 2014, NMFS issued a 5- Munition (JDAM) bombs would be After target deployment, the firing year LOA in accordance with the expended in W–151 under the planned sequence is initiated. A typical gunship MMPA for AFSOC’s air-to-surface action. Bombs would be dropped on mission lasts approximately five hours gunnery activities which is currently target boats located 20 to 25 miles without air-to-air refueling, and six valid through March 4, 2019. This LOA offshore. A maximum of 12 over-water hours when refueling is accomplished. request would supersede that missions could be conducted annually, A typical mission includes 1.5 to 2 authorization for AC–130 air-to-surface although the number could be as low as hours of live fire. This time includes gunnery activities for another five years 4. There would be no live ordnance clearing the area and transiting to and (2018–2023); it incorporates the updated associated with ASEP actions in the from the range. Actual firing activities approach to analysis requested by EGTTR. typically do not exceed 30 minutes. The NMFS. No significant changes to these number and type of munitions deployed mission activities are anticipated in the Air Force Special Operations Command during a mission varies with each type foreseeable future. Table 4 shows the Training of mission flown. The 105-mm TR annual number of missions and gunnery The USAF Special Operations variants are used during nighttime rounds currently authorized under the Command (AFSOC) conducts various training. Live fire events are continuous, existing LOA which will be carried training activities with multiple types of with pauses during the firing usually forward for this LOA request.

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TABLE 4—SUMMARY OF ANNUAL AFSOC ACÐ130 GUNNERY OPERATIONS

Number of Number of Munition NEW Total daytime nighttime (lbs) munitions/year missions missions

105 mm HE (FU) ...... 4.7 750 25 45 105 mm HE (TR) ...... 0.35 1,350 ...... 40 mm HE ...... 0.87 4,480 ...... 30 mm HE ...... 0.1 35,000 ...... 25 mm HE ...... 0.067 39,200 ......

Total ...... 80,780 ...... HE = High Explosive; lbs = pounds; mm = millimeter; NEW = net explosive weight; TR = Training Round; FU = Full Up.

Two mission-day scenarios were air-to-surface gunnery missions; AC–130 air-to-surface gunnery missions developed to represent the average category D for daytime missions and are shown in Table 5. number of gunnery rounds expended category E for nighttime missions. The during daytime and nighttime AC–130 mission-day scenarios developed for

TABLE 5—AC–130 GUNNERY OPERATIONS CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Mission Detonation Munitions Mission Total category Munition NEW (lbs) type per day days/year munitions/year

D ...... 105 mm HE (FU) ...... 4.7 Surface ...... 30 25 750 40 mm HE ...... 0.87 Surface ...... 64 ...... 1,600 30 mm HE ...... 0.1 Surface ...... 500 ...... 12,500 25 mm HE ...... 0.067 Surface ...... 560 ...... 14,000 E ...... 105 mm HE (TR) ...... 0.35 Surface ...... 30 45 1,350 40 mm HE ...... 0.87 Surface ...... 64 ...... 2,880 30 mm HE ...... 0.1 Surface ...... 500 ...... 22,500 25 mm HE ...... 0.067 Surface ...... 560 ...... 25,200

Total ...... 70 80,780 HE = High Explosive; lbs = pounds; mm = millimeter; NEW = net explosive weight; TR = Training Round; FU = Full Up.

413th Flight Test Squadron Wright-Patterson AFB, is fielding the mission days planned annually. Up to The United States Special Operations new AC–130J for flight characterization, eleven mission days are planned for 413 Command (SOCOM) has requested the as well as testing and evaluation. FLTS operations annually. The total 413th Flight Test Squadron (413 FLTS) AFSOC is integrating some of the same number of munitions were averaged to demonstrate the feasibility and weapons on the AC–130W. Therefore, over each day and are shown in Table capability of the Precision Strike the activities described below for the 6. All missions would be conducted Package and the Stand-Off Precision 413 FLTS may involve either of these shoreward of the continental shelf Guided Munitions (SOPGM) missile aircraft variants. break/200 m isobath as shown in Figure system on the AC–130 aircraft. SOCOM, 413 FLTS mission day scenarios were 1–7 in the Application). in conjunction with A3 Operations at developed based on the number of

TABLE 6—413 FLTS PRECISION STRIKE PACKAGE GUNNERY TESTING CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

F ...... 30 mm ...... 0.1 Surface ...... 33 3 99 G ...... 105 mm FU ...... 4.7 Surface ...... 15 4 60 H ...... 105 mm TR ...... 0.35 Surface ...... 15 4 60 FU = full up; lbs = pounds; mm = millimeter; NEW = net explosive weight; TR = Training Round.

Stand off precision guided missiles of inert and/or live weapons for a final FLTS provided the number of munitions (SOPGMs) are planned for use in testing end-to-end check of the system. Table 7 required over a span of four years. The feasibility of these missiles on AC–130 shows the mission-day scenarios and numbers in the table represent the aircraft. Weapon employment missions annual number of munitions expended average per year (total number of would be flown using any combination annually for SOPGM testing. The 413 munitions divided by four).

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TABLE 7—413 FLTS SOPGM ANNUAL TESTING CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

I ...... AGMÐ176 (Griffin) ...... 4.58 Surface ...... 5 2 10 J ...... AGMÐ114 (Hellfire) ...... 29 Surface ...... 5 2 10 K ...... GBUÐ39 (SDB I) ...... 36 Surface ...... 3 2 6 L ...... GBUÐ39 (LSDB) ...... 36 Surface ...... 5 2 10 AGM = Air-To-Ground Missile; GBU = Guided Bomb Unit; lbs = pounds; LSDB = Laser Small Diameter Bomb; SDB = Small Diameter Bomb.

780th Test Squadron The U.S. Air Force Life Cycle in the EGTTR. The weapons used in Testing activities conducted by the Management Center and U.S. Navy, in testing are the AGM–158 A and B (Joint 780th Test Squadron (780 TS) include cooperation with the 780 TS, conducts Air-to-Surface Standoff Missile Precision Strike Weapon, Longbow Precision Strike Weapon (PSW) test (JASSM), and the GBU–39/B (SDB I). missile littoral testing, and several other missions utilizing resources within the PSW munitions are shown in Table 8. various future actions. Eglin Military Complex, including sites

TABLE 8—SUMMARY OF ANNUAL PRECISION STRIKE WEAPON TESTS

Number of Total number Number of Total number Munitions live tests/ of live inert tests/ of inert year munitions year munitions

AGMÐ158 (JASSM) ...... 2 2 4 4 GBUÐ39 (SDB I) Single Launch ...... 2 2 4 4 GBUÐ39 (SDB I) Simultaneous Launch ...... 2 4 4 8 JASSM = Joint Air-To-Surface Stand-Off Missile; SDB = Small Diameter Bomb.

In addition to the above description, Test and Evaluation Center (AFOTEC) future (Phase 2) testing of the SDB is as shown in Table 9. planned by the Air Force Operational

TABLE 9—SUMMARY OF PHASE 1 AND PHASE 2 PRECISION STRIKE WEAPON LIVE TESTS

Number Number NEW of live of inert Weapon (lbs) munitions munitions released released

AGMÐ158 (JASSM) ...... 240 2 4 GBUÐ39 (SDB I) ...... 37 2 4 GBUÐ39 (SDB I) Double Shot ...... 74 2 4 GBUÐ53 (SDB II) ...... 22.84 2 1

The 780 TS/OGMT missions have of weapons released per day, assuming annually. Representative mission days been categorized based on the number three mission days are planned are shown in Table 10.

TABLE 10—780 TS/OGMT PRECISION STRIKE WEAPON TESTING CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

M ...... AGMÐ158 (JASSM) ...... 240 Surface ...... 2 1 2 N ...... GBUÐ39 (SDB I) ...... 37 Surface ...... 2 1 2 GBUÐ39 (SDB I) Double Shot * ...... 74 Surface ...... 2 2 O ...... GBUÐ53 (SDB II) ...... 22.84 Surface ...... 2 1 2 AGM = Air-To-Ground Missile; GBU = Guided Bomb Unit; JASSM = Joint Air-To-Surface Standoff Missile; lbs = pounds; SDB = Small Diame- ter Bomb. * NEW is doubled for each simultaneous launch.

The 780 TS plans to conduct other would primarily be delivered by live fuse (typically contains a very small various testing activities that involve aircraft, although a rail gun would be NEW). Total future munitions for 780 targets on the water surface in the used for one test. Live warheads would TS are listed in Table 11. EGTTR. Many of the missions would be used for some missions, while others target small boats or barges. Weapons would involve inert warheads with a

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TABLE 11—780 TS ANNUAL MUNITIONS, OTHER FUTURE ACTIONS

NEW Number of Planned Detonation Munition (lbs) releases location Target type type

Joint Air-Ground Missile .. 27.41 2 WÐ151 (subareas A, S5, HSMST or Boston 1—Point Detonation 1— and S6). Whaler type boat. Airburst. Navy Rail Gun ...... Inert 19 WÐ151 ...... Barge ...... Penetrating Rod. 1 5 WÐ151 ...... Barge ...... Airburst. JDAM—Extended Range Inert 3 WÐ151 ...... Water surface (2) Barge Inert. (1). Navy HAAWC ...... Inert 2 WÐ151 ...... Water surface ...... Inert. Laser SDB (live fuse only) 0.4 4 WÐ151A ...... Small boats ...... Airburst or Surface. SDB II Guided Test Vehi- 0.4 4 WÐ151A...... Small boats...... Surface. cle (live fuse only). HAAWC = High Altitude Anti-Submarine Warfare Weapon Capability; HSMT = High Speed Maneuverable Surface Target; JDAM = Joint Direct Attack Munition; NEW = net explosive weight; SDB = Small Diameter Bomb.

The 780 TS/OGMT future missions detonated as airbursts were not representative mission days were primarily consist of one-day test events included in the development of these developed for live munitions resulting for each type of munition. Inert scenarios because no in-water acoustic in surface detonations, as shown in munitions and munitions being impacts are anticipated. Therefore Table 12.

TABLE 12—780 TS OTHER FUTURE ACTIONS CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

P ...... Joint Air-Ground Missile ...... 27.41 Surface ...... 1 1 1 Q ...... Laser SDB (fuse only) and SDB II Guid- 0.4 Surface ...... 2 4 8 ed Test Vehicle (fuse only). HAAWC = High Altitude Anti-Submarine Warfare Weapon Capability; HSMT = High Speed Maneuverable Surface Target; JDAM = Joint Direct Attack Munition; N/A = not applicable; NEW = net explosive weight; SDB = Small Diameter Bomb.

96 Operations Group anticipates support of air-to-surface descriptions under this category have missions for several user groups on an not been determined, as this is meant to The 96 Operations Group (OG), which infrequent basis. As the organization capture future unknown activities. Sub- conducts the 96 TW’s primary missions that oversees all users of Eglin ranges, surface detonations would be at 5 to 10 of developmental testing and evaluation they have the authority to approve new ft below the surface. Projected annual of conventional munitions, and missions that could be conducted in the munitions expenditures and detonation command and control systems, EGTTR. Specific details on mission scenarios are listed in Table 13.

TABLE 13—ANNUAL MUNITIONS FOR 96TH OPERATIONS GROUP SUPPORT

Number Munition NEW Detonation annual (lbs) scenario releases

GBUÐ10 or GBUÐ24 ...... 945 Subsurface ..... 1 AGMÐ158 (JASSM) ...... 240 Surface ...... 1 GBUÐ12 or GBUÐ54 ...... 192 Subsurface ..... 1 AGMÐ65 (Maverick) ...... 86 Surface ...... 2 GBUÐ39 (SDB I or LSDB) ...... 37 Subsurface ..... 4 AGMÐ114 (Hellfire) ...... 20 Subsurface ..... 20 105 mm full-up ...... 4.7 Surface ...... 125 40 mm ...... 0.9 Surface ...... 600 Live fuse ...... 0.4 Surface ...... 200 30 mm ...... 0.1 Surface ...... 5,000 AGM = air-to-ground missile; GBU = Guided Bomb Unit; lbs = pounds; LSDB = Laser Small Diameter Bomb; SDB = Small Diameter Bomb.

The 96 OG future missions have been hour timeframe. Eglin AFB used all flux. The mission day scenarios for 96 categorized based on the number of available information to determine these OG annually are shown in Table 14. weapons released per day, instead of daily estimates, including historic Categories of missions for 96 OG were treating each weapon release as a release reports; however, these scenarios grouped (similar to Maritime WSEP) separate event. This approach is meant may not represent exact weapon first using historical weapon releases to satisfy NMFS requests for analysis releases because military needs and per day. Next, the most recent weapons and modeling of accumulated energy requirements are in a constant state of evaluation needs and requirements were from multiple detonations over a 24- considered to develop three different

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scenarios: Categories R, S, and T. pounds) and both surface and provides flexibility for the military Mission-day Category R represents subsurface detonations. This category mission. munitions with larger NEW (192 to 945 includes future requirements and

TABLE 14—96 OG FUTURE MISSIONS CATEGORIZED AS REPRESENTATIVE MISSION DAYS

Total Mission Munition NEW Detonation Munitions Mission munitions/ category (lbs) type per day days/year year

R ...... GBUÐ10/Ð24 ...... 945 Subsurface (10-ft depth) ...... 1 1 1 AGMÐ158 (JASSM) ...... 240 Surface ...... 1 ...... 1 GBUÐ12 or GBUÐ54 ...... 192 Subsurface (10-ft depth) ...... 1 ...... 1 S ...... AGMÐ65 (Maverick) ...... 86 Surface ...... 1 2 2 GBUÐ39 (SDB I or LSDB) .... 37 Subsurface ...... 2 ...... 4 AGMÐ114 (Hellfire) ...... 20 Subsurface (10-ft depth) ...... 10 ...... 20 T ...... 105 mm full-up ...... 4.7 Surface ...... 13 10 130 40 mm ...... 0.9 Surface ...... 60 ...... 600 Live fuse ...... 0.4 Surface ...... 20 ...... 200 30 mm ...... 0.1 Surface ...... 500 ...... 5,000 AGM = air-to-ground missile; GBU = Guided Bomb Unit; HEI = high explosive incendiary; JDAM = Joint Direct Attack Munition; LJDAM = Laser Joint Direct Attack Munition; LSDB = Laser Small Diameter Bomb; lbs = pounds; PGU = Projectile Gun Unit; mm = millimeter; SDB = Small Di- ameter Bomb.

Planned mitigation, monitoring, and previously issued incidental take However, human safety concerns and reporting measures are described in authorizations. Past monitoring reports, the inability to make mission go/no-go detail later in this document (please see described in more detail in the Effects decisions in a timely manner are the Mitigation and Monitoring and of Specified Activities on Marine most immediate obstacles for the USAF Reporting). Mammals and their Habitat section, implementing PAM as part of the suite Comments and Responses have not recorded any instances of take of mitigation measures during live over the last five years in past. While weapon missions in the EGTTR. For A notice of receipt of Eglin AFB’s the distances from the detonation area safety purposes during live air-to- application published in the Federal are large, these distances are essential to surface missions in the EGTTR, a large Register on August 24, 2017 (82 FR provide protection and safety of area of the Gulf of Mexico is closed off 40141). NMFS published a proposed humans, both military and civilian, that rule in the Federal Register on to human activity. The human safety may be in or near the mission area. The zone corresponds to the weapon safety December 27, 2017 (82 FR 61372). USAF agrees that observing animals During the 30-day public comment footprint. The size of the closure area from aircraft can be challenging but varies depending on the weapons being period on the proposed rule, NMFS believes that these pre-mission flights received comments from the Marine dropped, the type of aircraft being used, offer an ability to detect marine and the specific release parameters Mammal Commission (Commission) mammals. Aerial surveys conducted at (direction, altitude, airspeed, etc.) and seven members of the general higher altitudes (up to 6,000 ft) would requested by the mission group, but it public. use optical sensors and instrumentation always encompasses the area occupied Comment 1: The Commission noted on the aircraft, which is much more that in some instances, the mission area effective than the naked eye. The LOA by the instrumentation barge (GRATV). would be determined to be clear of application summarizes the capabilities Typically, this footprint where marine mammals at least 30 minutes, for these sensors and provides a figure personnel are restricted ranges between and likely longer, before the munitions example of what can be seen with the a 9-nautical mile (nmi) radius up to a are detonated. The monitoring vessels instrumentation. 12-nmi radius around the GRATV. As and aircraft would move to the part of PAM, biologists generally deploy periphery of the human safety zone, Comment 2: The Commission has been recommending that the USAF’s an array of hydrophones, listen for which the application indicated would vocalizations from a nearby boat, and be approximately 24 km from the mitigation measures be supplemented with passive acoustic monitoring (PAM) use software to triangulate an animal’s detonation location. In other instances, general location. The ability to execute the mission aircraft would be since 2010 and that fulfilling the monitoring requirements under section this requires multiple hydrophones conducting monitoring during the lined up in a carefully determined array approximately 15 minutes it takes to fly 101(a)(5) of the MMPA, in this case the or fence configuration with a trained two orbits around the mission area at an PAM study, should be made a priority biologist in close proximity to the altitude of up to 6,000 ft Given those in addition to developing real-time large areas and high aircraft altitudes, mitigation capability via PAM. For these hydrophones. Alternatively, the the Commission does not believe that reasons, the Commission recommends biologist could be stationed in a remote the USAF would be able to monitor that NMFS compel the USAF to location but would require a direct line- effectively for marine mammals entering prioritize (1) completing both aspects of of-sight for radio links to transmit the the mortality and injury zones its PAM study and (2) further data from the hydrophones. The particularly after the mission area has investigating ways to supplement its maximum distance that a remote link been cleared and during the timeframe mitigation measures with the use of could be established is estimated to be prior to detonation. real-time PAM devices. about 5 nmi. This would fall inside the NMFS Response: The USAF has NMFS Response: NMFS has engaged human safety zone. Therefore, real-time successfully employed similar protocols in multiple discussions with the USAF monitoring for marine mammal in EGTTR exercises as required under about the implementation of PAM. vocalizations during a mission is not

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considered feasible for human safety Comment 3: The Commission transparency in the Endangered Species concerns. expressed concern about the lack of Act (ESA) listings and determination Even if vocalization data were able to adequate time to provide public actions. be collected in real time in order to comments as well as the abbreviated Response: The purpose of this final determine presence/absence of marine timeframes during which NMFS is able rule and associated LOA is not to make mammals, a decision to delay or stop a to address public comments. The species listings determinations but Commission recommended that NMFS mission without knowing where the rather to authorize the incidental take of ensure that it publishes and finalizes animals are in relation to the small numbers of marine mammals proposed incidental harassment hydrophones and weapon impact within a specific geographic region. location further contributes to the authorizations sufficiently before the planned start date of the proposed Furthermore, take of ESA-listed species operational constraints for is not authorized or expected as a result implementing PAM as mitigation. A activities to ensure full consideration is given to all comments received. of testing and training activities in the vocalizing marine mammal could be EGTTR. detected by the hydrophone while Response: NMFS gave the standard outside any zones of impact. 30-day notice for public comment. Description of Marine Mammals in the Furthermore, the time it would take to NMFS also acknowledges the Area of Specified Activities collect and transmit vocalization data to importance of providing MMPA remote computers, run the software to incidental take authorization in a timely There are 21 marine mammal species localize vocalizations and estimate the (and sometimes expedited) manner for with potential or confirmed occurrence location of the animals has not been planned activities when the necessary in the planned activity area. Not all of tested or verified. With high-priority findings are made. these species occur in this region during military missions, the USAF cannot Comment 4: Three citizens asserted the project timeframe, or the likelihood jeopardize Department of Defense that marine life in the Gulf of Mexico of occurrence is very low. The should not be disturbed or killed and objectives on unproven methods and ‘‘Description of Marine Mammals in the that training activities can be done unknown procedures. Therefore, a Area of the Specified Activities’’ section without injuring animals. simplified presence/absence of included in the proposed rule (82 FR Response: NMFS appreciates the 61372; December 12, 2018) and sections vocalizations as mitigation strategy commenters’ concern for the marine would not be considered appropriate for 3 and 4 of the USAF’s application environment. However, the summarize available information these mission activities. Based on other commenters’ assertion that the Navy’s consultations associated with the 86 regarding status and trends, distribution activities in the EGTTR will result in the and habitat preferences, and behavior FWS for activities in Hawaii, where killing or deaths of marine mammals is and life history, of the potentially Navy range assets and expertise are far incorrect. As discussed throughout this affected species. These descriptions more developed than in the EGTTR, rule and in the Eglin Gulf Test and have not changed and are incorporated using PAM for real-time mitigation was Training Range Environmental here by reference. Additional determined to not be feasible because of Assessment. The majority of predicted the high level of uncertainty with takes are by Level B harassment information regarding population trends localizing marine mammals using (behavioral reactions and TTS), and and threats may be found in NMFS’ multiple hydrophones, and making there are no mortality takes predicted or Stock Assessment Reports (SAR; mission-critical decisions to delay or authorized for any training activities in www.nmfs.noaa.gov/pr/sars/) and more cease activities. the study area. Modeling results general information about these species The USAF is supportive of PAM and estimate that there could be up to 11 (e.g., physical and behavioral will conduct a NMFS-approved PAM Level A takes (2 from slight lung injury descriptions) may be found on NMFS’s study as an initial step towards and 9 from permanent threshold shift website (www.nmfs.noaa.gov/pr/ understanding acoustic impacts from (PTS)). These exposure estimates, species/mammals/). Additional underwater detonations. However, given however, do not take into account the information may be found in the USAF the level of success with current mitigation and monitoring measures 96 CEG/CEIEA EA. Of the 21 species mitigation procedures and the high level which are expected to decrease the that occur in the northern Gulf of of unknowns associated with potential for impacts. Mexico, two species occur in densities implementing PAM as part of mitigation After careful analysis, NMFS has great enough to warrant inclusion in procedures for EGTTR activities, the determined that serious injury is this rule (Table 15). The final list of USAF does not believe that using PAM unlikely to result from this activity. species is based on summer density as a real-time mitigation measure is Comment 5: Several citizens wrote estimates, a conservative range-to- practicable at this time. that there is a need for greater effects, and duration of the activity.

TABLE 15—SPECIES AUTHORIZED FOR TAKE *

ESA/MMPA status; Stock abundance Common name Scientific name Stock (CV, N , most recent PBR Annual Strategic min M/SI 3 abundance survey) 2 (Y/N) 1

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae

Common Bottlenose dol- Tursiops truncatus ...... Choctawatchee Bay ...... -/-:Y 179 (0.04,173, 2007) .... 1.7 3.4 (0.99) phin.

Pensacola/East Bay ...... -/-:Y 33 (0.80, UNK, 1993) .... UND UND St. Andrew Bay ...... -/-:Y 124 (0.21, UNK, 1993) .. UND UND

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TABLE 15—SPECIES AUTHORIZED FOR TAKE *—Continued

ESA/MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent PBR Strategic min M/SI 3 abundance survey) 2 (Y/N) 1

Gulf of Mexico Northern -/-:N 7,185 ( 0.21, 6,044, 60 21 (0.66) Coastal. 2012). Northern Gulf of Mexico -/-:N 51,192 (0.10, 46,926, 469 56 (0.42) Continental Shelf. 2012). Northern Gulf of Mexico -/-;N 5,806 (0.39, 4,230, 42 6.5 (0.65) Oceanic. 2009). Atlantic spotted dolphin Stenella frontalis ...... Northern Gulf of Mexico -/-:N 37,611 (0.28, UNK, UND 42 (0.45) 2004). * Hayes et al. 2017. 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable [explain if this is the case]. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.

Marine Mammal Hearing reflecting the capabilities of every potential to co-occur with the planned species within that group): survey activities. Both species are Hearing is the most important sensory • Low-frequency cetaceans classified as mid-frequency cetaceans. modality for marine mammals (mysticetes): Generalized hearing is underwater and exposure to estimated to occur between Effects of Specified Activities on Marine anthropogenic sound can have approximately 7 Hz and 35 kHz, with Mammals and Their Habitat deleterious effects. To appropriately best hearing estimated to be from 100 In the Potential Effects of Specified assess the potential effects of exposure Hz to 8 kHz; Activities on Marine Mammals section to sound, it is necessary to understand • Mid-frequency cetaceans (larger of the proposed rule (82 FR 61372; the frequency ranges marine mammals toothed whales, beaked whales, and December 12, 2017), we included a are able to hear. Current data indicate most delphinids): Generalized hearing is qualitative discussion of the different that not all marine mammal species estimated to occur between ways that activities in the EGTTR may have equal hearing capabilities (e.g., approximately 150 Hz and 160 kHz, potentially affect marine mammals Richardson et al., 1995; Wartzok and with best hearing from 10 to less than without consideration of mitigation and Ketten, 1999; Au and Hastings, 2008). 100 kHz; monitoring measures. • High-frequency cetaceans To reflect this, Southall et al. (2007) Previous Monitoring Results recommended that marine mammals be (porpoises, river dolphins, and members NMFS has previously issued IHAs divided into functional hearing groups of the genera Kogia and and an LOA to cover mission activities based on directly measured or estimated Cephalorhynchus; including two members of the genus Lagenorhynchus, in the EGTTR. For these missions, Eglin hearing ranges on the basis of available AFB conducted required monitoring behavioral response data, audiograms on the basis of recent echolocation data and genetic data): generalized hearing is activities and submitted monitoring derived using auditory evoked potential estimated to occur between reports. Between August 2013 and techniques, anatomical modeling, and approximately 275 Hz and 160 kHz. March 2014 nine maritime strike other data. Note that no direct • Pinnipeds in water; Phocidae (true operations testing missions were measurements of hearing ability have seals): Generalized hearing is estimated conducted in the EGTTR and no takes been successfully completed for to occur between approximately 50 Hz were recorded. In calendar year 2014, mysticetes (i.e., low-frequency to 86 kHz, with best hearing between 1– ten air-to-surface (A–S) gunnery cetaceans). Subsequently, NMFS (2016) 50 kHz; missions were conducted with no described generalized hearing ranges for • Pinnipeds in water; Otariidae (eared recorded takes. During 2015, eight A–S these marine mammal hearing groups. seals): Generalized hearing is estimated gunnery missions, and eight WSEP Generalized hearing ranges were chosen to occur between 60 Hz and 39 kHz, missions were conducted (only 4 of based on the approximately 65 dB with best hearing between 2–48 kHz. these missions used live munitions). No threshold from the normalized The pinniped functional hearing takes of protected species were composite audiograms, with the group was modified from Southall et al. recorded. For calendar year 2016, two exception for lower limits for low- (2007) on the basis of data indicating air-to-surface (A–S) gunnery missions, frequency cetaceans where the lower that phocid species have consistently eight WSEP missions, and two PSW bound was deemed to be biologically demonstrated an extended frequency missions were conducted with no takes implausible and the lower bound from range of hearing compared to otariids, recorded by observers. A report on 2017 Southall et al. (2007) retained. The especially in the higher frequency range EGTTR monitoring activities is hearing groups and the associated (Hemila¨ et al., 2006; Kastelein et al., currently under development. frequencies are indicated below (note 2009; Reichmuth and Holt, 2013). While no mortality, injury or take of that these frequency ranges correspond Two marine mammal species marine mammals was recorded during to the range for the composite group, (common bottlenose and Atlantic these exercises, animals were with the entire range not necessarily spotted dolphins) have the reasonable occasionally observed during pre-

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mission surveys on multiple mission predict the onset of behavioral producing air emboli that can restrict days. However, proper measures were harassment, PTS, tissue damage, and oxygen delivery to the brain or heart. taken (delay of missions while waiting mortality. Whereas a single mortality threshold on marine mammals to clear the area) to was previously used in acoustic impacts Acoustic Thresholds ensure no marine mammals were in the analysis, species-specific thresholds are area during the mission. Monitoring Using the best available science, currently required. Thresholds are based reports containing more detailed NMFS has developed acoustic on the level of impact that would cause information may be found at: https:// thresholds that identify the received extensive lung injury to one percent of www.fisheries.noaa.gov/national/ level of underwater sound above which exposed animals (i.e., an impact level marine-mammal-protection/incidental- exposed marine mammals would be from which one percent of exposed take-authorizations-military-readiness- reasonably expected to be behaviorally animals would not recover). (Finneran activities. harassed (equated to Level B and Jenkins, 2012). The threshold represents the expected onset of Estimated Take harassment) or to incur PTS of some degree (equated to Level A harassment). mortality, where 99 percent of exposed This section provides the number of Thresholds have also been developed to animals would be expected to survive. incidental takes, by stock, authorized identify the pressure levels above which Most survivors would have moderate through this final rule, which informs animals may incur different types of blast injuries. The lethal exposure level both NMFS’ consideration of the tissue damage from exposure to pressure of blast noise, associated with the negligible impact determination. waves from explosive detonation. positive impulse pressure of the blast, is For this military readiness activity, The criteria and thresholds used to expressed as Pa·s and is determined the MMPA defines ‘‘harassment’’ as: (i) estimate potential pressure and energy using the Goertner (1982) modified Any act that injures or has the impacts to marine mammals resulting positive impulse equation. This significant potential to injure a marine equation incorporates source/animal mammal or marine mammal stock in the from detonations were obtained from Finneran and Jenkins (2012). Criteria depths and the mass of a newborn calf wild (Level A Harassment); or (ii) Any for the affected species. The threshold is act that disturbs or is likely to disturb used to analyze impacts to marine mammals include mortality, harassment conservative because animals of greater a marine mammal or marine mammal mass can withstand greater pressure stock in the wild by causing disruption that causes or is likely to cause injury (Level A) and harassment that disrupts waves, and newborn calves typically of natural behavioral patterns, make up a very small percentage of any or is likely to disrupt natural behavior including, but not limited to, migration, cetacean group. patterns (Level B). Each category is surfacing, nursing, breeding, feeding, or For the actions described in this LOA, sheltering, to a point where such discussed below with additional details two species are expected to occur behavioral patterns are abandoned or provided in Appendix A of the within the EGTTR Study Area: The significantly altered (Level B application. bottlenose dolphin and the Atlantic Harassment). Mortality spotted dolphin. Finneran and Jenkins Authorized takes would primarily be (2012) provide known or surrogate by Level B harassment, as use of Mortality risk assessment may be masses for newborn calves of several explosive sources has the potential to considered in terms of direct injury, cetacean species. For the bottlenose result in disruption of behavioral which includes primary blast injury and dolphin, this value is 14 kilograms (kg) patterns and TTS for individual marine barotrauma. The potential for direct (31 pounds). Values are not provided for mammals. There is also some potential injury of marine mammals has been the Atlantic spotted dolphin and, for auditory injury and tissue damage inferred from terrestrial mammal therefore, a surrogate species, the (Level A harassment) to result. The experiments and from post-mortem striped dolphin (Stenella coeruleoalba), planned mitigation and monitoring examination of marine mammals is used. The mass provided for a measures are expected to minimize the believed to have been exposed to newborn striped dolphin calf is 7 kg (15 severity of such taking to the extent underwater explosions (Finneran and pounds). Impacts analysis for the practicable. As described previously, no Jenkins, 2012; Ketten et al., 1993; unidentified dolphin group (assumed to mortality is anticipated or authorized Richmond et al., 1973). Actual effects consist of bottlenose and Atlantic for this activity. Below we describe how on marine mammals may differ from striped dolphins) conservatively used the take is estimated. terrestrial animals due to anatomical the mass of the smaller spotted dolphin. Described in the most basic way, we and physiological differences, such as a The Goertner equation, as presented in estimate take by considering: (1) reinforced trachea and flexible thoracic Finneran and Jenkins (2012) is used in Acoustic thresholds above which NMFS cavity, which may decrease the risk of the acoustic model to develop impacts believes the best available science injury (Ridgway and Dailey, 1972). analysis in this LOA request. The indicates marine mammals will be Primary blast injuries result from the equation is provided in Table 16. behaviorally harassed or incur some initial compression of a body exposed to degree of permanent hearing a blast wave, and is usually limited to Injury (Level A Harassment) impairment; (2) the area or volume of gas-containing structures (e.g., lung and Potential injuries that may occur to water that will be ensonified above gut) and the auditory system (U.S. marine mammals include blast related these levels in a day; (3) the density or Department of the Navy, 2001b). injury: Gastrointestinal (GI) tract injury occurrence of marine mammals within Barotrauma refers to injuries caused and slight lung injury, and irrecoverable these ensonified areas; and, (4) and the when large pressure changes occur auditory damage. These injury number of days of activities. Below, we across tissue interfaces, normally at the categories are all types of Level A describe these components in more boundaries of air-filled tissues such as harassment as defined in the MMPA. detail and present the authorized take the lungs. Primary blast injury to the Slight Lung Injury—This threshold is estimate. respiratory system may be fatal based on a level of lung injury from Based on the best available science, depending upon the severity of the which all exposed animals are expected NMFS used the acoustic and pressure trauma. Rupture of the lung may to survive (zero percent mortality) thresholds indicated in Table 16 to introduce air into the vascular system, (Finneran and Jenkins, 2012). Similar to

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the mortality determination, the metric fall within the mid-frequency hearing levels below those considered to cause is positive impulse and the equation for category. The PTS thresholds use dual TTS in marine mammals, particularly in determination is that of the Goertner criteria, one based on cumulative SEL cases of multiple detonations. During an injury model (1982), corrected for and one based on peak SPL of an activity with a series of explosions (not atmospheric and hydrostatic pressures underwater blast. For a given analysis, concurrent multiple explosions shown and based on the cube root scaling of the more conservative of the two is in a burst), an animal is expected to body mass (Richmond et al., 1973; U.S. applied to afford the most protection to exhibit a startle reaction to the first Department of the Navy, 2001b). The marine mammals. The mid-frequency detonation followed by a behavioral equation is provided in Table 16. cetacean criteria for PTS are provided in response after multiple detonations. At Gastrointestinal Tract Injuries—GI Table 16. close ranges and high sound levels, tract injuries are correlated with the avoidance of the area around the peak pressure of an underwater Non-Injurious Impacts (Level B Harassment) explosions is the assumed behavioral detonation. GI tract injury thresholds response in most cases. Other are based on the results of experiments Two categories of Level B harassment behavioral impacts may include in the 1970s in which terrestrial are currently recognized: temporary decreased ability to feed, communicate, mammals were exposed to small threshold shift (TTS) and behavioral migrate, or reproduce, among others. charges. The peak pressure of the shock impacts. Although TTS is a Such effects, known as sub-TTS Level B wave was found to be the causal agent physiological impact, it is not harassment, are based on observations in recoverable contusions (bruises) in considered injury because auditory of behavioral reactions in captive the GI tract (Richmond et al., 1973, in structures are temporarily fatigued dolphins and beluga whales exposed to Finneran and Jenkins, 2012). The instead of being permanently damaged. pure tones, a different type of noise than experiments found that a peak SPL of TTS—Non-injurious effects on marine that produced from an underwater 237 dB re 1 mPa predicts the onset of GI mammals, such as TTS, are generally detonation (Finneran and Schlundt, tract injuries, regardless of an animal’s extrapolated from data on terrestrial 2004; Schlundt et al., 2000). For mass or size. Therefore, the unweighted mammals (Southall et al., 2007). Similar multiple, successive detonations (i.e., peak SPL of 237 dB re 1 mPa is used in to PTS, dual criteria are provided for detonations happening at the same explosive impacts assessments as the TTS thresholds, and the more location within a 24-hour period), the threshold for slight GI tract injury for all conservative is typically applied in threshold for behavioral disturbance is marine mammals. impacts analysis. TTS criteria are based set 5 dB below the SEL-based TTS Auditory Damage (PTS)—Another on data from impulse sound exposures threshold, unless there are species- or type of injury, permanent threshold when available. According to the most group-specific data indicating that a shift or PTS, is auditory damage that recent data (Navy, 2017) the TTS onset lower threshold should be used. This is does not fully recover and results in a thresholds for mid-frequency cetaceans based on observations of behavioral permanent decrease in hearing are based on TTS data from a beluga reactions in captive dolphins and sensitivity. As there have been no whale exposed to an underwater belugas occurring at exposure levels studies to determine the onset of PTS in impulse produced from a seismic approximately 5 dB below those causing marine mammals, this threshold is watergun. The TTS thresholds consist of TTS after exposure to pure tones estimated from available information the SEL of an underwater blast weighted (Finneran and Jenkins, 2012; Finneran associated with TTS. According to to the hearing sensitivity of mid- and Schlundt, 2004; Schlundt et al., research by the Navy (Navy, 2017) PTS frequency cetaceans and an unweighted 2000). thresholds are defined differently for peak SPL measure. The dual thresholds three groups of cetaceans based on their for TTS in mid-frequency cetaceans are Table 16 outlines the explosive hearing sensitivity: Low frequency, mid- provided in Table 16. thresholds, based on the best available frequency, and high frequency. science, used by NMFS to predict the Bottlenose and Atlantic spotted Behavioral Impacts onset of disruption of natural behavior dolphins that are the subject of the Behavioral impacts refer to patterns, PTS, tissue damage, and EGTTR acoustic impacts analysis both disturbances that may occur at sound mortality.

Marine Mammal Occurrence integrated 23 years of aerial and bottlenose dolphins, geographic shipboard surveys, linked them to modeling strata from MMPA stock Bottlenose and Atlantic spotted dolphin density estimates used in this environmental covariates obtained from boundaries and seasonal strata were not document were obtained from Duke remote sensing and ocean models, and defined because of the lack of University Marine Geospatial Ecology built habitat-based density models using information about seasonality in the Lab Reports (Roberts et al., 2016) which distance sampling methodology. For Gulf of Mexico, as well as substantial

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spatial and seasonal biases in survey entire W–151A area include AFSOC’s Atlantic spotted dolphins, and provides efforts (Roberts et al., 2015a). Therefore, Air-to-Surface Gunnery Training more realistic take calculations. bottlenose dolphin numbers were Operations and 413 FLTS’s AC–130J Raster data provided online from the modeled in the Gulf of Mexico using a Precision Strike Package Gunnery Duke University Marine Geospatial single year-round model. Similarly for Testing (Scenarios D, E, F, G, and H). Ecology Lab Report was imported into Atlantic spotted dolphins, there is no The other density estimate is considered ArcGIS and overlaid onto the W–151A evidence that this species migrates or a fine-scale estimate and is used for exhibits seasonal patterns in the Gulf of missions that are planned specifically area. Density values for each species Mexico, so a single, year-round model around the GRATV target area. The were provided in 10 x 10 km boxes. The that incorporated all available survey mission sets that utilize the nearshore large-scale estimates for W–151A were data was used (Roberts et al., 2015b). GRATV target location are 86th FWS obtained by averaging the density values The model results are available at the Maritime WSEP, 413 FLTS AC–130J and of these 100 km2 boxes within the W– OBIS–SEAMAP repository found online AC–130W Stand-Off Precision Guided 151A boundaries and converted to (http://seamap.env.duke.edu/). Munitions Testing, 780th TS Precision number of animals per km2. Fine-scale Two marine mammal density Strike Weapons, 780 TS/OGMT future estimates were calculated by selecting estimates were calculated for this LOA. missions, and 96th OG future missions nine 100 km2 boxes centered around the One density estimate is considered a (Scenarios A, B, C, and I through T). GRATV target location and averaging large-scale estimate and is used for Using two different density estimates the density values from those boxes. missions that could occur anywhere in based on the mission locations accounts Large-scale and fine-scale density W–151A, shoreward of the 200-m for the differences between inshore and estimates are provided in Table 17. isobath. The mission sets that utilize the offshore distribution of bottlenose and

TABLE 17—MARINE MAMMAL DENSITY ESTIMATES FOR EGTTR TESTING AND TRAINING ACTIVITIES

Large-scale Fine-scale density density Species estimate a estimate b (animals per (animals per km2) km2)

Bottlenose dolphin c ...... 0.276 0.433 Atlantic spotted dolphin d ...... 0.160 0.148 a Large-scale estimates incorporate the entire WÐ151A area. b Fine-scale estimates incorporate the nine 10 km2 boxes centered around the GRATV location. c Densities derived from Roberts et al. 2015a. d Densities derived from Roberts et al. 2015b.

Density estimates usually assume that evenly distributed from surface to not necessarily occur at the same depth animals are uniformly distributed bottom can present a distorted view of corresponding to the maximum sound within the prescribed area, even though marine mammal distribution in any and pressure ranges. this is likely rarely true. Marine region. Density is assumed to be two- A mission-day based analysis was mammals are often clumped in areas of dimensional, and exposure estimates utilized in order to model accumulated greater importance, for example, in are, therefore, simply calculated as the energy over a 24-hour timeframe where areas of high productivity, lower product of affected area, animal density, predation, safe calving, etc. and number of events. The resulting each mission-day scenario would be Furthermore, assuming that marine exposure estimates are considered considered a separate event. As mammals are distributed evenly within conservative, because all animals are described previously, Eglin AFB the water column does not accurately presumed to be located at the same developed multiple mission-day reflect behavior. Databases of behavioral depth, where the maximum sound and categories separated by mission groups and physiological parameters obtained pressure ranges would extend from and estimated the number of days each through tagging and other technologies detonations, and would, therefore, be category would be executed annually. In have demonstrated that marine animals exposed to the maximum amount of total, there are 20 different mission-day use the water column in various ways. energy or pressure. In reality, it is highly scenarios included in the acoustic Some species conduct regular deep likely that some portion of marine analysis Labeled A–T. Table 18 below dives while others engage in much mammals present near the impact area summarizes the number of days each shallower dives, regardless of bottom at the time of detonation would be at mission-day scenario, or event, would depth. Assuming that all species are various depths in the water column and be conducted annually in the EGTTR.

TABLE 18—ANNUAL NUMBER OF DAYS PLANNED FOR EACH MISSION CATEGORY DAY

Mission Number Mission groups category of mission day days/year

86 FWS Maritime WSEP ...... A 2 B 4 C 2 AFSOC Air-to-Surface Gunnery ...... D 25 E 45 413 FLTS PSP Gunnery ...... F 3 G 4

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TABLE 18—ANNUAL NUMBER OF DAYS PLANNED FOR EACH MISSION CATEGORY DAY—Continued

Mission Number Mission groups category of mission day days/year

H 4 413 FLTS SOPGM ...... I 2 J 2 K 2 L 2 780 TS Precision Strike Weapon ...... M 1 N 1 O 1 780 TS Other Tests ...... P 1 Q 4 96 OG Future Missions ...... R 1 S 2 T 10

Take Calculation and Estimation released in a 24-hour time period was surface to seafloor, centered at the calculated based on explosive acoustic sound source with a radius set equal to Eglin AFB completed acoustic characteristics, sound propagation, and the maximum range, Rmx, across all modeling to determine the distances sound transmission loss in the EGTTR. depths and azimuths at which the from their explosive ordnance Results are shown in Table 19. These particular metric is still above the corresponding to NMFS’ explosive calculations incorporated water depth, threshold. The total energy for all thresholds. These distances were then sediment type, wind speed, bathymetry, weapons released as part of a used with each species’ density to and temperature/salinity profiles. representative mission day was determine exposure estimates. Below is Transmission loss was calculated from calculated to assess impacts from the a summary of the methodology for those the explosive source depth down to an accumulated energy resulting from modeling efforts. Appendix A in the array of water depth bins (0 to 160 m). multiple weapon releases within a 24- application provides additional details. Impact volumes were computed for each hour period. The number of animals The maximum estimated range, or explosive source (based on the total impacted is computed by multiplying radius, from the detonation point to the number of munitions released on a the area of a circle with radius Rmax, by point at which the various thresholds representative mission day). The impact the original animal density given in extend for all munitions planned to be volume is a cylinder extending from animal per km2. TABLE 19—THRESHOLD RADII (IN KILOMETERS) FOR EGTTR AIR-TO-SURFACE TESTING AND TRAINING

Mortality Level A harassment Level B harassment Slight lung TTS Behavioral Mission-day category Modified injury GI tract injury PTS Goertner Modified 170 224 dB Peak 165 Model 1 Goertner 237 185 230 dB Peak dB SEL SPL dB SEL Model 2 dB SPL dB SEL SPL

Bottlenose Dolphin

A ...... 0.427 0.768 0.348 1.039 0.705 5.001 1.302 8.155 B ...... 0.107 0.225 0.156 0.43 0.317 2.245 0.585 3.959 C ...... 0.037 0.085 0.083 0.32 0.169 1.128 0.312 1.863 D ...... 0.024 0.055 0.059 0.254 0.12 0.982 0.222 1.413 E ...... 0.01 0.024 0.034 0.232 0.069 0.878 0.126 1.252 F ...... 0.003 0.007 0.019 0.096 0.033 0.218 0.062 0.373 G ...... 0.024 0.055 0.059 0.167 0.12 0.552 0.222 0.809 H ...... 0.006 0.015 0.025 0.097 0.051 0.229 0.093 0.432 I ...... 0.023 0.054 0.059 0.125 0.119 0.328 0.22 0.572 J ...... 0.045 0.101 0.096 0.167 0.195 0.555 0.36 0.812 K ...... 0.057 0.128 0.117 0.164 0.237 0.541 0.438 0.795 L ...... 0.057 0.128 0.117 0.2 0.237 0.654 0.438 0.953 M ...... 0.12 0.249 0.22 0.211 0.447 0.761 0.825 1.123 N ...... 0.076 0.168 0.149 0.202 0.302 0.671 0.557 0.982 O ...... 0.047 0.107 0.101 0.136 0.204 0.432 0.376 0.64 P ...... 0.051 0.115 0.107 0.116 0.217 0.271 0.4 0.527 Q ...... 0.007 0.016 0.026 0.073 0.053 0.149 0.098 0.207 R ...... 0.427 0.768 0.348 0.811 0.705 4.316 1.302 6.883 S ...... 0.142 0.286 0.156 0.692 0.317 3.941 0.585 5.132 T ...... 0.024 0.055 0.059 0.224 0.12 0.837 0.222 1.209

Atlantic Spotted Dolphin

A ...... 0.504 0.886 0.348 1.039 0.705 5.001 1.302 8.155 B ...... 0.133 0.266 0.156 0.43 0.317 2.245 0.585 3.959 C ...... 0.047 0.104 0.083 0.32 0.169 1.128 0.312 1.863 D ...... 0.03 0.067 0.059 0.254 0.12 0.982 0.222 1.413 E ...... 0.013 0.03 0.034 0.232 0.069 0.878 0.126 1.252

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TABLE 19—THRESHOLD RADII (IN KILOMETERS) FOR EGTTR AIR-TO-SURFACE TESTING AND TRAINING—Continued

Mortality Level A harassment Level B harassment Slight lung TTS Behavioral Mission-day category Modified injury GI tract injury PTS Goertner Modified 170 224 dB Peak 165 Model 1 Goertner 237 185 230 dB Peak dB SEL SPL dB SEL Model 2 dB SPL dB SEL SPL

F ...... 0.004 0.009 0.019 0.096 0.033 0.218 0.062 0.373 G ...... 0.03 0.067 0.059 0.167 0.12 0.552 0.222 0.809 H ...... 0.008 0.018 0.025 0.097 0.051 0.229 0.093 0.432 I ...... 0.03 0.067 0.059 0.125 0.119 0.328 0.22 0.572 J ...... 0.057 0.124 0.096 0.167 0.195 0.555 0.36 0.812 K ...... 0.072 0.157 0.117 0.164 0.237 0.541 0.428 0.795 L ...... 0.072 0.157 0.117 0.2 0.237 0.654 0.438 0.953 M ...... 0.15 0.29 0.22 0.211 0.447 0.761 0.825 1.123 N ...... 0.096 0.201 0.149 0.202 0.302 0.671 0.557 0.982 O ...... 0.06 0.131 0.101 0.136 0.204 0.432 0.376 0.64 P ...... 0.065 0.141 0.107 0.116 0.217 0.271 0.4 0.527 Q ...... 0.009 0.02 0.026 0.073 0.053 0.149 0.098 0.207 R ...... 0.504 0.886 0.348 0.811 0.705 4.316 1.302 6.883 S ...... 0.172 0.336 0.156 0.692 0.317 3.941 0.585 5.132 T ...... 0.03 0.067 0.059 0.224 0.12 0.837 0.222 1.209

The ranges presented above were used adjusted for the appropriate weighting Atlantic spotted dolphin. However, the to calculate the total area (circle) of the function value of that frequency band. modeling is conservative and it did not zones of influence for each criterion/ Similarly, a ‘‘take’’ would occur for include implementation of the threshold. To eliminate ‘‘double- impulse and peak SPL metrics if the mitigation and monitoring measures, counting’’ of animals, impact areas from received level is equal to or above the and therefore we believe that mortality higher impact categories (e.g., mortality) associated threshold. For impact is unlikely. Further, the potential for were subtracted from areas associated categories with multiple criteria (e.g., Level A harassment takes would be with lower impact categories (e.g., Level slight lung injury, GI tract injury, and significantly reduced. As such, NMFS is A harassment). The estimated number of PTS for Level A harassment) and criteria not authorizing any take due to marine mammals potentially exposed to with two thresholds (e.g., 187 dB SEL mortality. and 230 peak SPL for PTS), the criterion the various impact thresholds was Animals from the Northern Gulf of calculated with a two-dimensional and/or threshold that yielded the highest exposure estimate was utilized Mexico stock of spotted dolphins and approach, as the product of the adjusted for analysis of detonation impacts and the Northern Gulf of Mexico Continental impact area, animal density, and annual shows the total numbers of marine shelf stock of bottlenose dolphins are number of events for each mission-day mammals potentially affected by all likely to be affected. There is also a category. The calculations generally EGTTR testing and training mission chance that a limited number of resulted in decimal values, suggesting activities annually (See Table 20). These bottlenose dolphins from the Gulf of that, in most cases, a fraction of an exposure estimates do not take into Mexico Northern Coastal stock could be animal was exposed. The results were account the mitigation and monitoring affected. Animals from this stock are therefore rounded at the annual measures that are expected to decrease known to occur in waters greater than mission-day level and then summed for the potential for impacts. 20 m in depth. Even though the 20 m each criterion to obtain total annual take Acoustic analysis results indicate the isopleth delineates the stock’s range, it estimates from all EGTTR mission potential for injury and non-injurious is an artificial boundary used for activities. A ‘‘take’’ is considered to harassment (including behavioral management purposes and is not occur for SEL metrics if the received harassment) to marine mammals in the ecologically based. However, most of level is equal to or above the associated absence of mitigation measures. the bottlenose dolphins potentially threshold within the appropriate Mortality was calculated as one (1) for affected would be part of the Northern frequency band of the sound received, bottlenose dolphins and zero (0) for Gulf of Mexico Continental shelf stock.

TABLE 20—TOTAL NUMBER OF MARINE MAMMALS AUTHORIZED TO BE TAKEN ANNUALLY BY AIR-TO-SURFACE TESTING AND TRAINING MISSIONS IN THE EGTTR

Level A harassment Level B harassment Species Slight lung PTS TTS injury (SEL) (SEL) Behavioral

Bottlenose dolphin ...... 2 7 220 315 Atlantic spotted dolphin ...... 0 2 85 120

Total ...... 2 9 305 435

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Mitigation Timing Restrictions—With the surveyed, whichever comes first. At In order to issue an LOA under exception of gunnery operations, approximately 30 minutes prior to live Section 101(a)(5)(A) of the MMPA, missions will take place no earlier than weapon deployment, marine species NMFS must set forth the permissible two hours after sunrise. This measure observers will be instructed to leave the methods of taking pursuant to such provides observers with adequate mission site and remain outside the activity, and other means of effecting visibility necessary for two hour pre- safety zone, which on average will be 15 the least practicable impact on such mission monitoring. Missions must also miles from the detonation point. be completed at least 30 minutes before The duration of pre-mission surveys species or stock and its habitat, paying sunset which will allow adequate will depend on the area required to be particular attention to rookeries, mating visibility for post-mission monitoring. surveyed and survey platforms (vessels grounds, and areas of similar Trained Observers—All monitoring versus aircraft). All marine mammal significance, and on the availability of will be conducted by personnel who sightings including the species (if such species or stock for taking for have completed Eglin’s Marine Species possible), number, location, and certain subsistence uses (latter not Observer Training Course, which was behavior of the animals will be applicable for this action). developed in cooperation with NMFS. documented on report forms that will be The NDAA of 2004 amended the This training includes a summary of submitted to Eglin AFB after each MMPA as it relates to military-readiness environmental laws, consequences of mission. Missions will be postponed, activities and the incidental take non-compliance, description of an relocated, or cancelled based on the authorization process such that ‘‘least observer’s role, pictures and presence of protected species within the practicable adverse impact’’ shall descriptions of protected species and survey areas. include consideration of personnel protected species indicators, survey Post-mission monitoring is designed safety, practicality of implementation, methods, monitoring requirements, and to determine the effectiveness of pre- and impact on the effectiveness of the reporting procedures. The training will mission mitigation by reporting military readiness activity. be provided to user groups either sightings of any dead or injured marine In evaluating how mitigation may or electronically or in person by an Eglin mammals. Post-detonation monitoring may not be appropriate to ensure the AFB representative. Any person acting surveys will commence once the least practicable adverse impact on as an observer for a particular mission mission has ended or, if required, as species or stocks and their habitat, as must have completed the training soon as the mission area is declared well as subsistence uses where within the year prior to the mission. safe. Vessels will move into the survey applicable, we carefully consider two Names of personnel who have area from outside the safety zone and primary factors: completed the training will be monitor for at least 30 minutes. The (1) The manner in which, and the submitted to Eglin AFB along with the duration of post-mission surveys will degree to which, the successful date of completion. In cases where vary based on survey platform. Similar implementation of the measure(s) is multiple survey platforms are required to pre-mission surveys, all sightings expected to reduce impacts to marine to cover large survey areas, a Lead would be properly documented on mammals, marine mammal species or Biologist will be designated to lead all report forms and submitted to Eglin stocks, and their habitat. This considers monitoring efforts and coordinate AFB. Any marine mammals that are the nature of the potential adverse sighting information with the Test detected in the ZOI during post-mission impact being mitigated (likelihood, Director or Safety Officer. surveys and for which takes are scope, range). It further considers the Pre- and Post-Mission Monitoring— authorized will be counted as Level B likelihood that the measure will be For each live mission, at a minimum, takes. Furthermore, any marine mammal effective if implemented (probability of pre- and post-mission monitoring will observed in the ZOI for which take is accomplishing the mitigating result if be required. Missions will occur no not authorized will be reported implemented as planned) and the earlier than two hours after sunrise and immediately to the Office of Protected likelihood of effective implementation no later than two hours prior to sunset Resources, NMFS. (probability of being implemented as to ensure adequate daylight for pre- and If any marine mammals are killed or planned); and post-mission monitoring, with the injured as a result of the mission, Eglin (2) the practicability of the measures exception of AFSOC and the 413 FLTS AFB would be contacted immediately. for applicant implementation, which gunnery missions. In those cases, Observers would document the species may consider such things as cost, aircrews will utilize aircraft or description of the animal, location, impact on operations, and, in the case instrumentation and sensors to monitor and behavior and, if practicable, take of a military readiness activity, the area. pictures and maintain visual contact personnel safety, practicality of Monitoring will be conducted from a with the animal. Eglin AFB must notify implementation, and impact on the given platform depending on the the Director, Office of Protected effectiveness of the military readiness specific mission. The purposes of pre- Resources, NMFS, or designee, by activity. mission monitoring are to (1) evaluate telephone (301–427–8401), and the the mission site for environmental Southeast Regional Office immediately Mitigation for Marine Mammals and suitability and (2) verify that the ZOI is and await further instructions or the Their Habitat free of visually detectable marine arrival of a response team on-site, if Eglin AFB will employ practicable mammals and potential marine mammal feasible. Activities shall cease and not and effective mitigation measures, indicators. USAF range clearing vessels resume until NMFS is able to review the which include a careful balancing of the and protected species survey vessels circumstances of the prohibited take. likely benefit of any particular measure will be on-site at least two hours prior Mission Delay under Poor Sea State to the marine mammals with the likely to the mission. Vessel-based surveys Conditions—Weather conducive to effect of that measure on personnel will begin approximately one and one- marine mammal monitoring is required safety, practicality of implementation, half hours prior to live weapon to effectively conduct the pre- and post- and impact on the military-readiness deployment. Surveys will continue for mission surveys. Wind speed and the activity. Required mitigation measures approximately one hour or until the resulting surface conditions are critical include the following: entire ZOI has been adequately factors affecting observation

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effectiveness. Higher winds typically threshold range listed in Table 19 radii for Atlantic spotted dolphins for increase wave height and create represents a radius of impact for a given mission-day categories D through H ‘‘whitecap’’ conditions, both of which threshold of each munition/detonation (between 0.4 km and 1.4 km (0.2 and 0.8 limit an observer’s ability to locate scenario. These ranges are used for nmi)) shows that a much larger area will marine species at or near the surface. determining the size of the area required be covered by this monitoring Air-to-surface missions will be delayed to be monitored during pre-mission procedure. or rescheduled if the sea state is greater surveys for each activity. For any Mission Delay Associated with than number 4 as listed in Table 21 at mission involving live munitions (other Animals in Zone of Influence—A the time of the mission. Protected than gunnery rounds) an area extending mission delay of live ordnance mission species observers or the Lead Biologist out to the PTS harassment range for the activities will occur if a protected will make the final determination of corresponding mission-day scenario species, large schools of fish, or large whether or not conditions are conducive will be completely cleared of marine flocks of birds feeding at the surface are to sighting protected species. mammals prior to release of the first live observed within the Level B harassment ordnance. Depending on the mission- ZOI. Mission activities cannot resume TABLE 21—SEA STATE SCALE FOR day scenario, the corresponding radius until one of the following conditions is EGTTR PRE-MISSION SURVEYS could be between 73 m for a live fuse met: (1) Marine mammal is confirmed to surface detonation associated with be outside of the ZOI on a heading away Sea state No. Sea conditions mission-day scenario Q, and 1,039 m from the target area; (2) marine mammal associated with mission-day scenario A. is not seen again for 30 minutes and 0 ...... Flat, calm, no waves or This would help ensure that no marine presumed to be outside the Level A ZOI; ripples. mammals will be within any of the 1 ...... Light air, winds 1Ð2 knots; or (3) large groupings of fish or birds Level A harassment or mortality zones leading to required delay are confirmed wave height to 1 foot; during a live detonation event, ripples without crests. outside the ZOI. significantly reducing the potential for 2 ...... Light breeze, winds 3Ð6 Mission Abort if Sperm or Baleen knots; wave height 1Ð2 these types of impacts to occur. Some missions will be delayed to Whales Observed During Pre-mission feet; small wavelets, Monitoring —Marine mammal species crests not breaking. allow survey platforms to evacuate the 3 ...... Gentle breeze, winds 7Ð10 human safety zone after pre-missions found in the Gulf of Mexico, including knots; wave height 2Ð3.5 surveys are completed. For these the Federally listed sperm whale and feet; large wavelets, delayed missions, Eglin proposes to the Bryde’s whale, which is proposed scattered whitecaps. include a buffer around the survey area for ESA listing, occur with greater 4 ...... Moderate breeze, winds that would extend to the TTS regularity in waters over and beyond the 11Ð16 knots; wave harassment zone for the corresponding continental shelf break. To avoid height 3.5Ð6 feet; break- mission-day scenario. This would impacts to the sperm whale, AFSOC has ing crests, numerous agreed to conduct all gunnery missions whitecaps. double, and in some cases triple, the size of the survey area for the PTS zone. within (shoreward of) the 200-m This buffer will mitigate for the isobath, which is considered to be the Visibility is also a critical factor for potential that an animal outside the area shelf break for purposes of this flight safety issues when aerial surveys during pre-mission surveys would enter document. Furthermore, mission are being conducted. Therefore, a the Level A harassment or mortality activities will be aborted/suspended for minimum ceiling of 305 m (1,000 ft) and zones during a mission. However, the remainder of the day if one or more visibility of 5.6 km (3 nmi) is required missions that consist solely of gunnery sperm or baleen whales are detected to support monitoring efforts and flight testing and training operations will during pre-mission monitoring activities safety concerns. actually survey larger areas based on as no takes of these species have been Determination of ZOI Survey Areas— previously established safety profiles authorized. This measure will The ZOI is defined as the area or and the ability to conduct aerial surveys incidentally provide greater protection volume of ocean in which marine of large areas from mission aircraft. to several other species as well. Trained mammals could be exposed to various These ranges are shown in Table 22. observers will also be instructed to be pressure or acoustic energy levels Comparing the monitoring area below vigilant in ensuring Bryde’s whales are caused by exploding ordnance. Each with behavioral harassment threshold not in the ZOI.

TABLE 22—MONITORING AREA RADII FOR GUNNERY MISSIONS

Aircraft Gunnery round Monitoring area Monitoring altitude Operational altitude

ACÐ130 gunship ...... 25 mm, 30 mm, 40 mm, 105 mm 5 nmi (9,260 m) ...... 6,000 ft ...... 15,000Ð20,000 ft. (FU and TR). CVÐ22 Osprey ...... 50 cal, 7.62 mm ...... 3 nmi (5,556 m) ...... 1,000 ft ...... 1,000 ft. cal = caliber; ft = feet; FU = full up; m = meters; mm = millimeter; nmi = nautical miles; TR = Training Round.

Mitigation Measures for Gunnery interrupted for more than 10 minutes, times more HE than that found in the Actions—Eglin AFB has identified and and eliminating missions conducted next largest round (40 mm). As a required implementation of operational over waters beyond the continental mitigation technique, the USAF mitigation measures for gunnery shelf. developed a 105-mm TR that contains missions, including development of the The largest type of ammunition used only 0.35 pounds of HE. The TR was 105-mm TR, use of ramp-up procedures during gunnery missions is a 105-mm developed to substantially reduce the (explained below), re-initiation of round, which contains 4.7 pounds of risk of harassment during nighttime species surveys if live fire activities are high explosive (HE). This is several operations, when visual surveying for

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marine mammals is of limited determined that the mitigation measures The following monitoring options effectiveness (however, monitoring by provide the means effecting the least have been developed to support various use of the AC–130’s instrumentation is practicable impact on the affected types of air-to-surface mission activities effective at night). species or stocks and their habitat, that may be conducted in the EGTTR. Ramp-up procedures refer to the while also considering personnel safety, Eglin AFB users covered by this LOA process of beginning with the least practicality of implementation, and the must meet specific test or training impactive action and proceeding to impact of effectiveness of the military objectives and safety requirements and more impactive actions. In the case of readiness activity. have different assets available to execute gunnery activities, ramp-up procedures the pre- and post-mission surveys. The Monitoring and Reporting entail beginning a mission with the monitoring options and mitigation lowest caliber munition and proceeding In order to issue an incidental take measures described in the subsections to the highest, which means the authorization for an activity, Section below balance all mission-essential munitions would be fired in the order 101(a)(5)(A) of the MMPA states that parameters with measures that will of 25 mm, 40 mm, and 105 mm. The NMFS must set forth, ‘‘requirements support adequate protection to marine rationale for the procedure is that this pertaining to the monitoring and mammals. Monitors will search for any process may allow marine species to reporting of such taking.’’ The MMPA marine mammal, including species for perceive steadily increasing noise levels implementing regulations at 50 CFR which takes have been and have not and to react, if necessary, before the 216.104 (a)(13) indicate that requests for been authorized. Monitors will be noise reaches a threshold of authorizations must include the instructed to be extra vigilant in significance. suggested means of accomplishing the ensuring that species of concern, If use of gunship weapons is necessary monitoring and reporting that including the sperm whale (listed as interrupted for more than 10 minutes, will result in increased knowledge of endangered under the ESA) and Bryde’s Eglin AFB would be required to the species and of the level of taking or whale (proposed for listing under the reinitiate applicable protected species impacts on populations of marine ESA) are clear of the ZOI during testing surveys in the ZOI to ensure that no mammals that are expected to be and training activities. marine mammal species entered into the present in the action area. Effective Vessel-based Monitoring—Pre- ZOI during that time. reporting is critical to compliance as mission surveys conducted from surface The AC–130 gunship weapons are well as ensuring that the most value is vessels will typically begin at sunrise. used in two phases. First, the guns are obtained from the required monitoring. Trained observers will be aboard checked for functionality and calibrated. Monitoring and reporting designated vessels to conduct protected This step requires an abbreviated period requirements prescribed by NMFS species surveys before and after each of live fire. After the guns are should contribute to improved mission. These vessels will be dedicated determined ready for use, the aircraft understanding of one or more of the solely to monitoring for protected deploys a flare onto the surface of the following: marine species and species indicators water as a target, and the mission • Occurrence of marine mammal during the pre-mission surveys. For proceeds under various test and training species or stocks in the area in which missions that require multiple vessels to scenarios. This second phase involves a take is anticipated (e.g., presence, conduct surveys based on the size of the more extended period of live fire and abundance, distribution, density); survey area, a Lead Biologist will be can incorporate use of one or any • Nature, scope, or context of likely designated to coordinate all survey combination of the munitions available marine mammal exposure to potential efforts, compile sighting information (25-mm, 40-mm, and 105-mm rounds). stressors/impacts (individual or from the other vessels, function as the A ramp-up procedure will be required cumulative, acute or chronic), through point of contact between the survey for the initial calibration phase and, better understanding of: (1) Action or vessels and Tower Control on Santa after this phase, the guns may be fired environment (e.g., source Rosa Island, and provide final in any order. Eglin AFB believes this characterization, propagation, ambient recommendations to the Safety Officer/ process will allow marine species the noise); (2) affected species (e.g., life Test Director on the suitability of the opportunity to respond to increasing history, dive patterns); (3) co-occurrence mission site based on environmental noise levels. If an animal leaves the area of marine mammal species with the conditions and survey results. during ramp-up, it is unlikely to return action; or (4) biological or behavioral Survey vessels will run pre- during the live-fire mission. This context of exposure (e.g., age, calving or determined line transects, or survey protocol provides a more realistic feeding areas); routes, that will provide sufficient training experience for aircrews. In • Individual marine mammal coverage of the survey area. Monitoring combat situations, gunship crews would responses (behavioral or physiological) activities will be conducted from the not necessarily fire the complete to acoustic stressors (acute, chronic, or highest point feasible on the vessels. ammunition load of a given caliber gun cumulative), other stressors, or There will be at least two dedicated before proceeding to another gun. cumulative impacts from multiple observers on each vessel, and they will Rather, a combination of guns might be stressors; utilize optical equipment with sufficient used as required by real-time situations. • How anticipated responses to magnification to allow observation of An additional benefit of this protocol is stressors impact either: (1) Long-term surfaced animals. that mechanical or ammunition fitness and survival of individual All sighting information from pre- problems with an individual gun can be marine mammals; or (2) populations, mission surveys will be communicated resolved while live fire continues with species, or stocks; to the Lead Biologist on a pre- functioning weapons. This diminishes • Effects on marine mammal habitat determined radio channel to reduce the possibility of pause in live fire (e.g., marine mammal prey species, overall radio chatter and potential lasting 10 minutes or more, which acoustic habitat, or other important confusion. After compiling all the would necessitate reinitiation of physical components of marine sighting information from the other protected species surveys. mammal habitat); and survey vessels, the Lead Biologist will Based on our evaluation of Eglin • Mitigation and monitoring inform Tower Control on Santa Rosa AFB’s planned measures, NMFS has effectiveness. Island on whether the area is clear of

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protected species or not. If the range is protected species sightings or civilian via live high-definition video feed not clear, the Lead Biologist will boat traffic interference, will be the transmitted to CCF. Video monitoring provide recommendations on whether responsibility of the Safety Officer, with typically facilitates data collection for the mission should be delayed or concurrence from the Test Director. the mission but can also allow remote cancelled. For example, a mission delay Aerial-based Monitoring—Aircraft viewing of the area for determination of would be recommended if a small typically provide an excellent viewing environmental conditions and the number of protected species are in the platform for detection of marine presence of marine species up to the ZOI but appear to be on a heading away mammals at or near the surface. release time of live munitions. There are from the mission area. The delay would Depending on the mission, the aerial multiple sources of video that can be continue until the Lead Biologist has survey team will either consist of Eglin streamed to multiple monitors within confirmed that the animals are no longer AFB personnel or their designees aboard CCF. When authorized for specific in the ZOI and traveling away from the a non-mission aircraft or the mission missions (e.g., Maritime WSEP), a mission site. On the other hand, a aircrew who have completed the Marine trained marine species observer from mission cancellation could be Species Observer Training. A Eglin AFB will monitor all live video recommended if one or more protected description of each follows. feed transmitted to CFF and will report species in the ZOI are found and there For non-mission aircraft, the pilot will any marine mammal sightings to the is no indication that they would leave be instructed in protected marine Safety Officer, who will also be at CCF. the area on their own within a species survey techniques and will be Employing this measure typically reasonable timeframe. Tower Control on familiar with marine species expected to resolves any lapse between the time Santa Rosa Island will relay the Lead occur in the area. One person in the survey vessels or aircraft leave the safety Biologist’s recommendation to the aircraft will act as data recorder and is zone after completing pre-mission Safety Officer. The Safety Officer and responsible for relaying the location, surveys but before the mission actually Test Director will collaborate regarding species (if possible), direction of begins. range conditions based on the movement, and number of animals The primary platform for video information provided by the Lead sighted to the Lead Biologist. The aerial monitoring would be through the Biologist and the status of range clearing team will also identify protected species GRATV. Four video cameras are vessels. The Safety Officer will have indicators such as large schools of fish typically positioned on the GRATV final authority on decisions regarding and large, active groups of birds. Pilots (anchored on-site) to allow for real-time delays and cancellations of missions. will fly the aircraft in such a manner monitoring and data collection during USAF Support Vessels—USAF that the entire ZOI (and a buffer, if the mission. The cameras will also be support vessels will consist of a required) is monitored. Marine mammal used to monitor for the presence of combination of USAF and civil service/ sightings from the aerial survey team protected species. All cameras have a civilian personnel responsible for will be compiled by the Lead Biologist zoom capability of up to at least a 300- mission site/target setup and range and communicated to the Test Director mm equivalent. At this setting, when clearing activities. USAF personnel will or Safety Officer. Similar to survey targets are at a distance of 2 nmi from be within the mission area (on boats and vessel requirements, all non-mission the GRATV, the field of view would be the GRATV) for each mission well in personnel will be required to exit the 195 ft by 146 ft. Video observers can advance of weapon deployment, human safety zone before the mission detect an item with a minimum size of typically near sunrise. They will can commence. As a result, the ZOI may 1 square foot up to 4,000 m away. The perform a variety of tasks including not be monitored up to immediate GRATV will typically be located about target preparation, equipment checks, deployment of live weapons. Due to this 183 m (600 ft) from the target area; this etc., and will observe for marine fact, the aerial team may be required to range is well within the zooming mammals and indicators as feasible survey an additional buffer zone unless capability of the video cameras. throughout test preparation. However, other monitoring assets, such as live Supplemental video monitoring can such observations are considered video monitoring, can be employed. also be accomplished through the incidental and would only occur as time Some mission aircraft have the employment of additional aerial assets, and schedule permits. Any sightings capability to conduct aerial surveys when available. Eglin’s aerostat balloon would be relayed to the Lead Biologist. immediately prior to releasing provides aerial imagery of weapon The Eglin Safety Officer, in munitions. In those instances, aircrews impacts and instrumentation relay. cooperation with the Tower Control on that have completed the marine species When utilized, it is tethered to a boat Santa Rosa Island will coordinate and observer training will make several anchored near the GRATV but outside manage all range clearing efforts and be passes over the target area to ensure the weapon impact areas. The balloon can in direct communication with the area is clear of all protected species. For be deployed to an altitude up to 2,000 survey vessel team, typically through mission aircraft in this category, ft above sea level. It is equipped with a the Lead Biologist. All support vessels aircrews will operate at reasonable and high-definition camera system that is will be in radio contact with one safe altitudes (dependent on the aircraft) remotely controlled to pivot and focus another and with Tower Control. The appropriate to either visually scan the on a specific target or location within Safety Officer will monitor all radio sea surface or utilize available the mission site. The video feed from communications, but Tower Control instrumentation and sensors to detect the camera system is transmitted to will relay messages between the vessels protected species. Typical missions in CCF. Eglin may also employ other assets and the Safety Officer. The Safety this category are air-to-surface gunnery such as intelligence, surveillance, and Officer and Tower Control will also be operations from AC–130 and CV–22 reconnaissance aircraft to provide real- in continual contact with the Test gunships. In some cases, other aerial time imagery or relay targeting pod Director throughout the mission and platforms may be available to videos from mission aircraft. Unmanned will convey information regarding range supplement monitoring activities for aerial vehicles may also be employed to clearing progress and protected species pre-mission surveys and during the provide aerial video surveillance. While survey status. Final decisions regarding missions. each of these platforms may not be mission execution, including possible Video-based Monitoring—Video- available for all missions, they typically mission delay or cancellation based on based monitoring may be accomplished can be used in combination with each

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other and with the GRATV cameras to rudimentary PAM study is successfully or night use. The IDS is capable of supplement marine mammal monitoring implemented, the USAF cannot commit detecting very small thermal efforts. to PAM as a mitigation measure, which differences. CV–22 aircraft have similar Even with a variety of platforms would add multiple layers of visual scanners and operable sensors; potentially available to supply video complexities required to detect and however, they operate at much lower feeds to CCF, the entire ZOI may not be localize marine mammals during a live altitudes than the AC–130 gunships, visible for the entire duration of the mission event. Furthermore, Eglin and no HE rounds will be fired from mission. However, the targets and would need to gain better understanding these aircraft. immediately surrounding areas will of PAM capabilities so mission- If any marine mammals are detected typically be in the field of view of the appropriate procedures could be during pre-mission surveys or during GRATV cameras and the observer will developed for making go/no-go the mission, activities will be be able to identify any protected species decisions in a timely manner. Given the immediately halted until the ZOI area is that may enter the target area before level of success with current mitigation clear of all marine mammals, or the weapon releases. In addition, the procedures and the high level of mission will be relocated to another observer will be able to determine if any unknowns associated with target area. If the mission is relocated, animals were injured immediately implementing PAM as part of mitigation the pre-mission survey procedures will following the detonations. Should a procedures for USAF activities, Eglin be repeated. In addition, if multiple protected marine species be detected on AFB and NMFS agreed that using PAM firing missions are conducted within the the live video, the weapon release can as a real-time mitigation measure is not be stopped almost immediately because practicable at this time. same flight, clearance procedures will the video camera observer is in direct AC–130 and CV–22 Gunship precede each mission. contact with Test Director and Safety Procedures—After arriving at the Gunship crews will conduct a post- Officer at CCF. mission site and prior to initiating firing mission survey beginning at the Acoustic Monitoring—Eglin will events, gunships will conduct at least operational altitude and proceeding conduct a NMFS-approved PAM study two complete orbits around the survey through a spiraling descent to the as an initial step towards understanding area at a minimum safe airspeed around designated monitoring altitude. It is acoustic impacts from underwater the mission site at the appropriate anticipated that the descent will occur detonations. During a live mission monitoring altitude. Provided that over a three- to five-minute time period. event, the Eglin AFB proposes to collect marine mammals (and other protected During this time, aircrews will use data that measures energy and pressure species or indicators) are not detected, similar equipment and instrumentation levels from varying distances away from the aircraft will then begin the ascent to to scan the water surface for animals weapon impact points. The data would operational altitude, continuing to orbit that may have been impacted during the likely be recorded by hydrophones the target area as it climbs. The initial gunnery mission. During daytime attached to buoys that are deployed just orbits occur over a timeframe of missions, visual scans will be used as before the mission. After mission approximately 10 to 15 minutes. well. activities, the buoys would be collected, Monitoring for marine mammals, Coordination with Eglin Natural then the data would be downloaded and vessels, and other objects will continue Resources Office—Prior to conducting analyzed. The results would be throughout the mission. If a towed target live missions, proponents will compared to the various ranges to is used, mission personnel will ensure coordinate with Eglin Natural Resources effects for Level A and Level B that the target remains in the center to be briefed on their mitigation and Harassment that were calculated with portion of the survey area to ensure monitoring requirements. Throughout the acoustic model. Eglin will also gunnery impacts do not extend past the coordination efforts, mission assets conduct PAM for marine mammal ZOI. available for monitoring will be vocalizations before, during, and after During the low-altitude orbits and identified and an implementation plan live missions in the EGTTR. Once climb, the aircrew will visually scan the will be developed. Based on the assets, funding for these efforts is secured, sea surface within the aircraft’s orbit survey routes will be designed to Eglin AFB will work closely with NMFS circle for the presence of marine incorporate the size of the monitoring to develop a research plan that will mammals. The surface scan will area and determine whether a buffer meet mutually agreeable objectives. primarily be conducted by the flight As previously described in the crew in the cockpit and personnel will be required. Training and reporting response to Comment #2, Eglin AFB and stationed in the tail observer bubble and requirements will also be NMFS have discussed the possibility of starboard viewing window. During communicated to the proponents employing PAM as a required mitigation nighttime missions, crews will use night The following table lists known measure during EGTTR activities. vision goggles during observation. In proponents and the monitoring However, human safety concerns and addition to visual surveys, aircraft platforms that may be employed for the inability to make mission go/no-go optical and electronic sensors will also marine mammal monitoring before, decisions in a timely manner are the be used for site clearance. AC–130 during, and after live air-to-surface most immediate obstacles for Eglin AFB gunships are equipped with low-light missions. As stated above, coordination implementing real-time PAM during TV cameras and infrared detection sets with proponents before live missions live weapon missions in the EGTTR. (IDSs). The TV cameras operate in a will ensure these options are still As noted previously, Eglin’s current range of visible and near-visible light. available, as well as any changes to boat and aerial pre- and post-mission Infrared systems are capable of detecting assets or mission capabilities for new visual surveys have been successful in differences in temperature from thermal proponents that would fall under this preventing impacts to marine mammals energy (heat) radiated from living bodies authorization. Eglin Natural Resources because no unauthorized takes have or from reflected and scattered thermal will ensure all practical measures will occurred as a result of these procedures energy. In contrast to typical night- be implemented to the maximum extent under previous incidental take vision devices, visible light is not possible to comply with the mitigation authorizations. Until Eglin AFB is necessary for object detection. Infrared and monitoring requirements while confident that this first step toward a systems are equally effective during day meeting mission objectives.

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TABLE 23—MONITORING OPTIONS AVAILABLE FOR LIVE AIR-TO-SURFACE MISSION PROPONENTS OPERATING IN THE EGTTR

Monitoring platform Mission Vessel Aerial Video

86 FWS Maritime Weapons System Evaluation Program (WSEP) ...... • ...... •

USAF Special Operations Command (AFSOC) Training

Air-to-Surface Gunnery ...... • ...... Small Diameter Bomb/Griffin Missile Training ...... • ...... CVÐ22 Training ...... • ......

413th Flight Test Squadron (FLTS)

ACÐ130J Precision Strike Package Testing ...... • • ACÐ130J Stand-Off Precision Guided Munitions Testing ...... • •

780th Test Squadron

Precision Strike Weapon ...... • • • Longbow Littoral Testing ...... • ...... •

Monitoring and Reporting Measures to mission activities, or injured or killed monitoring, or reporting measures are In addition to monitoring for marine during mission activities, a report must substantial, NMFS will publish a notice species before and after missions, the be made to the NMFS Southeast Region of proposed LOA in the Federal following monitoring and reporting Marine Mammal Stranding Network at Register and solicit public comment. If, measures will be required. 877–433–8299, the Chief of the Permits however, NMFS determines that an • Within a year before the planned and Conservation Division, Office of emergency exists that poses a significant missions, all protected species observers Protected Resources, at 301–427–8401 risk to the well-being of the species or will receive the Marine Species and the Florida Marine Mammal stocks of marine mammals in the Gulf Observer Training Course developed by Stranding Hotline at 888–404–3922 of Mexico, an LOA may be modified immediately. without prior notice or opportunity for Eglin in cooperation with NMFS. Æ • Eglin AFB will track use of the Any unauthorized impacts on public comment. Notice would be EGTTR and protected species marine mammals must be immediately published in the Federal Register observation results through the use of reported to the National Marine within 30 days of the action. protected species observer report forms. Fisheries Service’s Southeast Regional • Administrator, at 727–842–5312, and Negligible Impact Analysis and A summary annual report of marine Determination mammal observations and mission the Chief of the Permits and activities will be submitted to the NMFS Conservation Division, Office of NMFS has defined negligible impact Southeast Regional Office and the Protected Resources, at 301–427–8401. as an impact resulting from the specified activity that cannot be NMFS Office of Protected Resources 90 Adaptive Management days after completion of mission reasonably expected to, and is not activities each year or 60 days prior to NMFS may modify (including reasonably likely to, adversely affect the the issuance of any subsequent LOA for augment) the existing mitigation, species or stock through effects on projects at the EGTTR, whichever comes monitoring, or reporting measures (after annual rates of recruitment or survival first. A final report shall be prepared consulting with Eglin AFB regarding the (50 CFR 216.103). A negligible impact and submitted within 30 days following practicability of the modifications) if finding is based on the lack of likely resolution of comments on the draft doing so creates a reasonable likelihood adverse effects on annual rates of annual reports from NMFS. This annual of more effectively accomplishing the recruitment or survival (i.e., population- report must include the following goals of the mitigation and monitoring level effects). An estimate of the number information: measures for these regulations. of takes alone is not enough information Æ Date and time of each mission. Possible sources of data that could on which to base an impact Æ A complete description of the pre- contribute to the decision to modify the determination. In addition to mission and post-mission activities mitigation, monitoring, or reporting considering estimates of the number of related to mitigating and monitoring the measures in an LOA include: (1) Results marine mammals that might be ‘‘taken’’ effects of mission activities on marine from Eglin AFB’s acoustic monitoring through harassment, NMFS considers mammal populations. study; (2) results from monitoring other factors, such as the likely nature Æ Results of the visual monitoring, during previous year(s); (3) results from of any responses (e.g., intensity, including numbers by species/stock of other marine mammal and/or sound duration), the context of any responses any marine mammals noted injured or research or studies; and (4) any (e.g., critical reproductive time or killed as a result of the missions, and information that reveals marine location, migration), as well as effects number of marine mammals (by species mammals may have been taken in a on habitat, and the likely effectiveness if possible) that may have been harassed manner, extent or number not of the mitigation. We also assess the due to presence within the activity authorized by these regulations or number, intensity, and context of zone. subsequent LOAs. estimated takes by evaluating this Æ If any dead or injured marine If, through adaptive management, the information relative to population mammals are observed or detected prior modifications to the mitigation, status. Consistent with the 1989

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preamble for NMFS’s implementing hours per day depending on the mission live weapon detonations are not likely regulations (54 FR 40338; September 29, category). to result in long-term physical 1989), the impacts from other past and Level B harassment in the form of alterations of the water column or ocean ongoing anthropogenic activities are TTS was modeled to occur in both floor. These effects are not expected to incorporated into this analysis via their species for which take is authorized. If substantially affect prey availability, are impacts on the environmental baseline TTS occurs, it is expected to be at low of limited duration, and are (e.g., as reflected in the regulatory status levels and of short duration. As intermittent. Impacts to marine fish of the species, population size and explained previously, TTS is temporary were analyzed in the Eglin Gulf Test growth rate where known, ongoing with no long-term effects to species. The and Training Range Environmental sources of human-caused mortality, or modeled take numbers are expected to Assessment (Department of the Air ambient noise levels). be overestimates because NMFS expects Force, 2015). In the EA, it was To avoid repetition, the discussion of that successful implementation of the determined that fish populations were our analyses applies to bottlenose required aerial-based, vessel-based and unlikely to be affected and prey dolphins and Atlantic spotted dolphins, video-based mitigation measures could availability for marine mammals would given that the anticipated effects of this avoid TTS. Furthermore, monitoring not be impaired. Other factors related to activity on these different marine results from previous incidental take EGTTR activities that could potentially mammal stocks are expected to be authorizations have demonstrated that it affect marine mammal habitat include similar. There is little information about is uncommon to sight marine mammals the introduction of metals, explosives the nature or severity of the impacts, or within the ZOI, especially for prolonged and explosion by-products, other the size, status, or structure of these two durations. Results from monitoring chemical materials, and debris into the species or stocks that would lead to a programs associated with Eglin AFB’s water column and substrate due to the different analysis for this activity. 2015 and 2016 Maritime WSEP use of munitions and target vessels. For reasons stated previously in this activities have shown the absence of However, the effects of each were document and based on the following marine mammals within the ZOI during analyzed in the EA and were factors, Eglin AFB’s specified activities operations. determined to not be significant. are not likely to cause long-term NMFS expects that successful behavioral disturbance, serious injury, implementation of the required aerial- While animals may be impacted in or death. Because the exposure model based, vessel-based and video-based the immediate vicinity of the target area, was conservative and calculated a single mitigation measures would avoid or because of the short duration of the bottlenose dolphin death, along with the reduce take by Level A harassment in actual individual explosions themselves fact that the required mitigation and some instances. Marine mammals (versus continual sound source monitoring measures were not would likely begin to move away from operation) combined with the relatively incorporated into the model, NMFS the immediate target area once bombing short duration of daily operations (i.e. does not anticipate or propose to begins, decreasing exposure to the full ranging from a few minutes to no more authorize any take by mortality. The amount of acoustic energy. There have than four hours per day depending on takes from Level B harassment would be also been no marine mammal the mission category), NMFS has due to disturbance of normal behavioral observations in the ZOI according to determined that there will not be a patterns and TTS, as duration of monitoring reports from previous years. substantial impact on marine mammals exposure is relatively short. The Therefore, we anticipate that, because of or their habitat in Gulf of Mexico potential takes from Level A harassment the mitigation measures, low ecosystems in the EGTTR. We do not would be due to PTS and slight lung observation rate of marine mammals in expect that the planned activity would injury (not gastrointestinal tract injury). the target area, and the likely limited impact rates of recruitment or survival NMFS has determined that direct duration of exposures, any PTS incurred of marine mammals since we do not strike by ordnance is highly unlikely. would be in the form of only a small expect mortality (which would remove Although strike from a munition at the degree of PTS, rather than total individuals from the population) or surface of the water while the animals deafness. serious injury to occur. In addition, the are at the surface is possible, the Other than for mortality, the take activity will not occur in areas (and/or potential risk of a direct hit to an animal numbers authorized by NMFS do not times) of significance for the marine within the target area would be low. The consider mitigation or avoidance. mammal populations potentially USAF (2002 PEA) estimated that in the Therefore, NMFS expects that Level A affected by the exercises (e.g., feeding, absence of mitigation a maximum of 0.2 harassment is unlikely to occur at the resting, or reproductive areas), and the marine mammals could potentially be authorized numbers. However, since it activities will only occur in a small part struck by projectiles, falling debris, and is difficult to quantify the degree to of their overall range, so the impact of inert munitions each year. which the mitigation and avoidance will any potential temporary displacement Disruption of normal behavioral reduce the number of animals that would be negligible and animals would patterns constituting Level B might incur Level A harassment (i.e. be expected to return to the area after harassment would be limited to PTS, slight lung injury), NMFS proposes the cessations of activities. Although the reactions such as startle responses, to authorize take by Level A harassment planned activity could result in Level A movements away from the area, and at the numbers derived from the (PTS and slight lung injury) and Level short-term changes to behavioral state. exposure model and has included that B (behavioral disturbance and TTS of These impacts are expected to be potential amount of take in our analysis. lesser degree and shorter duration) temporary and of limited duration due Moreover, the mitigation and harassment of marine mammals, the to the likely avoidance of the action area monitoring measures required under the level of harassment is not anticipated to by marine mammals, short period of Authorization (described earlier in this impact rates of recruitment or survival individual explosions themselves document) are expected to further of marine mammals because the number (versus continual sound source minimize the potential for both Level A of exposed animals is expected to be operation), and relatively short duration and Level B harassment. low due to the relatively short-term and of the EGTTR operations (i.e. ranging Impacts to habitat are not anticipated. site-specific nature of the activity. from a few minutes to no more than four Noise and pressure waves resulting from Furthermore, we do not anticipate that

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the effects would be detrimental to rates threatened species or result in the Administrator finds good cause to waive of recruitment and survival because we destruction or adverse modification of the 30-day delay in the effective date. do not expect serious extended designated critical habitat. No List of Subjects in 50 CFR Part 218 behavioral responses that would result incidental take of ESA-listed marine in energetic effects at the level to impact mammal species is authorized or Exports, Fish, Imports, Incidental fitness or physiological impacts of a expected to result from the proposed take, Indians, Labeling, Marine nature that would impede reproduction activities. Therefore, NMFS has mammals, Penalties, Reporting and or survival. determined that formal consultation recordkeeping requirements, Seafood, In summary and as described above, under section 7 of the ESA is not Transportation. the following factors primarily support required for this action. our determination that the impacts Dated: February 5, 2018. resulting from this activity are not Classification Samuel D. Rauch III, expected to adversely affect the species The Office of Management and Budget Deputy Assistant Administrator for or stock through effects on annual rates has determined that this final rule is not Regulatory Programs, National Marine of recruitment or survival: significant for purposes of Executive Fisheries Service. • No mortality is anticipated or Order 12866. This rule is not an For reasons set forth in the preamble, authorized and only 11 instances of Executive Order 13771 regulatory action 50 CFR part 218 is amended as follows: Level A harassment are authorized. because this rule is not significant under Remaining impacts would be within the Executive Order 12866. PART 218—REGULATIONS non-injurious TTS or behavioral effects Pursuant to the Regulatory Flexibility GOVERNING THE TAKING AND zones (Level B harassment consisting of Act (RFA), the Chief Counsel for IMPORTING OF MARINE MAMMALS generally temporary modifications in Regulation of the Department of behavior); ■ 1. The authority citation for part 218 • Commerce certified to the Chief Counsel Effectiveness of mitigation and for Advocacy of the Small Business is revised to read as follows: monitoring requirements which are Administration at the proposed rule Authority: 16 U.S.C. 1361 et seq., unless designed and expected to avoid stage that this rule would not have a otherwise noted. exposures that may cause serious injury significant economic impact on a ■ and minimize the likelihood of PTS, substantial number of small entities. 2. Add subpart G to part 218 to read TTS, or more severe behavioral Eglin AFB is the sole entity that would as follows: responses; • be affected by this rulemaking, and Subpart G—Taking of Marine Mammals Adverse impacts to habitat are not Eglin AFB is not a small governmental Incidental to Testing and Training Activities expected; and jurisdiction, small organization, or small Conducted at the Eglin Gulf Test and • Results from previous monitoring business, as defined by the RFA. Training Range in the Gulf of Mexico reports did not record any marine Because this action directly affects Eglin Sec. mammal takes associated with military AFB and not a small entity, NMFS 218.60 Specified activity and specified readiness activities occurring in the concluded the action will not result in geographical region. EGTTR. a significant economic impact on a 218.61 Effective dates. Based on the analysis contained 218.62 Permissible methods of taking. herein of the likely effects of the substantial number of small entities. No comments were received regarding this 218.63 Prohibitions. specified activity on marine mammals 218.64 Mitigation requirements. certification. As a result, a regulatory and their habitat, and taking into 218.65 Requirements for monitoring and consideration the implementation of the flexibility analysis is not required and reporting. monitoring and mitigation measures, none has been prepared. 218.66 Letters of Authorization. NMFS finds that the total marine The Assistant Administrator for 218.67 Renewals and modifications of mammal take from the planned activity Fisheries has determined that there is Letters of Authorization. 218.68–218.69 [Reserved] will have a negligible impact on all good cause under the Administrative Procedure Act to waive the 30-day delay affected marine mammal species or Subpart G—Taking of Marine Mammals stocks. in the effective date (5 U.S.C. 553(d)(3)) of the measures contained in the final Incidental to Testing and Training Unmitigable Adverse Impact Analysis rule. The USAF is the only entity Activities Conducted at the Eglin Gulf and Determination subject to the regulations, and it has Test and Training Range in the Gulf of Mexico There are no relevant subsistence uses informed NMFS that it requests that this of the affected marine mammal stocks or final rule take effect by February 13, § 218.60 Specified activity and specified species implicated by this action. 2018, to accommodate a USAF testing geographical region. Therefore, NMFS has determined that and training exercise planned for that (a) Regulations in this subpart apply the total taking of affected species or day in the EGTTR. Any delay of only to Eglin Air Force Base (Eglin AFB) stocks would not have an unmitigable enacting the final rule would result in and those persons it authorizes to adverse impact on the availability of either: (1) A suspension of planned conduct activities on its behalf, for the such species or stocks for taking for naval training, which would disrupt taking of marine mammals as outlined subsistence purposes. vital training essential to national security; or (2) the USAF’s procedural in paragraph (b) of this section and Endangered Species Act (ESA) non-compliance with the MMPA incidental to testing and training Section 7(a)(2) of the Endangered (should the USAF conduct testing and missions in the Eglin Gulf Test and Species Act of 1973 (ESA: 16 U.S.C. training without an LOA), thereby Training Range (EGTTR). 1531 et seq.) requires that each Federal resulting in the potential for (b) The taking of marine mammals by agency insure that any action it unauthorized takes of marine mammals. Eglin AFB pursuant to a Letter of authorizes, funds, or carries out is not Moreover, the USAF is ready to Authorization (LOA) is authorized only likely to jeopardize the continued implement the rule immediately. For if it occurs at the EGTTR in the Gulf of existence of any endangered or these reasons, the Assistant Mexico.

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§ 218.61 Effective dates. surface are observed within the ZOI. training missions and to track marine Regulations in this subpart are Mission activities cannot resume until mammal observations. effective February 13, 2018 through one of the following conditions is met: (d) Depending on the mission February 12, 2023. (1) Protected species marine category, visual aerial-based, vessel- mammal(s) is confirmed to be outside of based, or video-based marine mammal § 218.62 Permissible methods of taking. the ZOI on a heading away from the surveys shall be conducted before and Under a Letter of Authorization (LOA) target area; or after live ordnance mission activities issued pursuant to § 216.106 of this (2) Protected species marine each day. chapter and § 218.66, the Holder of the mammal(s) is not seen again for 30 (e) Vessel-based surveys shall begin LOA (herein after Eglin AFB) may minutes and presumed to be outside the approximately one and one-half hour incidentally, but not intentionally, take Level A harassment ZOI. prior to live weapon deployment and marine mammals by Level A and Level (3) Large groupings of fish or birds shall be completed 30 minutes prior to B harassment associated with EGTTR leading to required delay are confirmed the start of mission. activities within the area described in outside of the ZOI. (f) Surveys shall continue for § 218.60 provided the activities are in (d) Gunnery operations shall require approximately one hour or until the compliance with all terms, conditions, employment of the following mitigation entire ZOI has been adequately and requirements of these regulations in measures. surveyed, whichever comes first. this subpart and the appropriate LOA. (1) Use of 105-millimeter (mm) (g) Post-mission monitoring surveys training rounds (TR) during nighttime shall commence once the mission has § 218.63 Prohibitions. missions. ended or as soon as the mission area is Notwithstanding takings (2) Ramp-up procedures requiring the declared safe. contemplated in § 218.60 and use of the lowest caliber munition and (h) Vessel-based post-mission surveys authorized by an LOA issued under proceeding to the highest, which means shall be conducted for 30 minutes after § 216.106 of this chapter and § 218.66, the munitions would be fired in the completion of live ordnance missions. no person in connection with the order of 25 mm, 40 mm, and 105 mm. (i) Any marine mammals detected in activities described in § 218.60 may: (3) Any pause in live fire activities the ZOI during post-mission surveys, for (a) Violate, or fail to comply with, the greater than 10 minutes shall require which take are authorized, shall be terms, conditions, and requirements of reinitiation of protected species surveys. counted as takes by Level B harassment. this subpart or an LOA issued under (4) Missions shall be conducted Any marine mammals detected in the § 216.106 of this chapter and § 218.66. within the 200-meter (m) isobaths to ZOI during post-mission surveys, for (b) Take any marine mammal not provide greater protection to several which take is not authorized, shall be specified in such LOAs; species. reported immediately to the Office of (c) Take any marine mammal (e) If one or more sperm or baleen Protected Resources, NMFS. specified in such LOAs in any manner whales are detected during pre-mission (j) A minimum of two dedicated other than as specified; monitoring activities, mission activities observers shall be stationed on each (d) Take a marine mammal specified shall be aborted/suspended for the vessel. in such LOAs if NMFS determines such remainder of the day. (k) Observers shall utilize optical taking results in more than a negligible (f) Additional mitigation measures as equipment with sufficient magnification impact on the species or stocks of such contained in an LOA. to allow observation of surfaced marine mammal; or animals. § 218.65 Requirements for monitoring and (l) The size of the survey area for each § 218.64 Mitigation requirements. reporting. mission shall be determined according When conducting activities identified (a) Holders of LOAs issued pursuant to the radius of impact for the given in § 218.60, the mitigation measures to § 218.66 for activities described in threshold of each munition/detonation contained in the LOA issued under § 218.60(a) are required to cooperate scenario. These ranges shall be § 216.106 of this chapter and § 218.66 with NMFS, and any other Federal, monitored during pre-mission surveys must be implemented. These mitigation state, or local agency with authority to for each activity. measures shall include but are not monitor the impacts of the activity on (m) Some missions shall be delayed to limited to the following general marine mammals. If the authorized allow survey platforms to evacuate the conditions: activity identified in § 218.60(a) is human safety zone after pre-missions (a) If daytime weather and/or sea thought to have resulted in the mortality surveys are completed. conditions preclude adequate or injury of any marine mammals or (n) Any aerial-based pre-mission monitoring for detecting marine take of marine mammals not identified surveys shall be conducted by observers mammals and other marine life, EGTTR in § 218.60(b), then the Holder of the aboard non-mission aircraft or mission operations must be delayed until LOA must notify the Director, Office of aircraft who have completed the Marine adequate sea conditions exist for Protected Resources, NMFS, or Species Observer Training. monitoring to be undertaken. designee, by telephone (301) 427–8401, (o) Gunship standard procedures (b) Restrictions on time of activities. and the Southeast Regional Office initiated prior to initiation of live-firing (1) Missions involving the use of live (phone within 24 hours of the injury or events shall require at least two bombs, missiles and rockets shall only death). complete orbits around the survey occur during daylight hours. (b) Monitoring shall be conducted by mission site at the appropriate airspeed (2) Missions during daylight hours personnel who have completed Eglin’s and monitoring altitude and include the shall occur no earlier than two hours Marine Species Observer Training following: after sunrise and no later than two hours Course, which was developed in (1) Monitoring for marine mammals prior to sunset. cooperation with the National Marine shall continue throughout the mission (c) Required delay of live ordnance Fisheries Service. by mission crew; mission activities shall occur if a (c) The Holder of the LOA shall use (2) Where applicable aircraft optical protected species, large schools of fish mission-reporting forms to track their and electronic sensors shall be used for or large flocks of birds feeding at the use of the EGTTR for testing and marine mammal observation;

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(3) If any marine mammals are mammals (by species if possible) that (4) In the event that Eglin AFB detected during pre-mission surveys or may have been harassed due to presence discovers an injured or dead marine during the mission, activities shall be within the zone of influence. mammal, and the lead observer immediately halted until the ZOI area is (2) The draft report shall be subject to determines that the injury or death is clear of all marine mammals, or the review and comment by NMFS. Any not associated with or related to the mission shall be relocated to another recommendations made by NMFS must activities authorized in the LOA (e.g., target area. If the mission is relocated, be addressed in the final report prior to previously wounded animal, carcass the pre-mission survey procedures shall acceptance by NMFS. The draft report with moderate to advanced be repeated; shall be considered the final report for decomposition, scavenger damage), (4) If multiple firing missions are this activity under the LOA if NMFS has Eglin AFB shall report the incident to conducted within the same flight, not provided comments and the Office of Protected Resources, standard clearance procedures shall recommendations within 90 days of NMFS, and the Southeast Regional precede each mission; and receipt of the draft report. Office, NMFS, within 24 hours of the (5) Gunship crews shall conduct a (s) Reporting injured or dead marine discovery. Eglin AFB shall provide post-mission survey beginning at the mammals: photographs or video footage or other operational altitude and proceeding (1) In the unanticipated event that the documentation of the stranded animal through a spiraling descent to the specified activity clearly causes the take sighting to NMFS. designated monitoring altitude. of a marine mammal in a manner (5) Additional Conditions: (p) Video-based monitoring from the prohibited by the LOA, such as an (i) The Holder of the LOA must GRATV shall be conducted where injury for species not authorized (Level inform the Director, Office of Protected appropriate via live high-definition A harassment), serious injury, or Resources, NMFS, (301–427–8401) or video feed. mortality, Eglin AFB shall immediately designee prior to the initiation of any (1) Supplemental video monitoring cease the specified activities and report changes to the monitoring plan for a shall be conducted through the the incident to the Office of Protected specified mission activity. employment of additional aerial assets Resources, NMFS, and the Southeast (ii) A copy of the LOA must be in the including aerostats and drones when Regional Office, NMFS. The report must possession of the safety officer on duty available. include the following information: each day that EGTTR missions are (2) [Reserved] (i) Time and date of the incident; conducted. (q) Acoustic Monitoring: (ii) Description of the incident; (iii) The LOA may be modified, (1) Eglin AFB shall conduct a passive (iii) Environmental conditions (e.g., suspended or withdrawn if the holder acoustic monitoring (PAM) study as an wind speed and direction, Beaufort sea fails to abide by the conditions initial step towards understanding state, cloud cover, and visibility); prescribed herein, or if NMFS acoustic impacts from underwater (iv) Description of all marine mammal determines the authorized taking is detonations, if funding is approved; observations in the 24 hours preceding having more than a negligible impact on (2) Eglin AFB shall conduct PAM for the incident; the species or stock of affected marine marine mammal vocalizations before, (v) Species identification or mammals. description of the animal(s) involved; during, and after live missions in the § 218.66 Letters of Authorization. EGTTR, once funding is approved; and (vi) Fate of the animal(s); and (3) The results of the PAM study shall (vii) Photographs or video footage of (a) To incidentally take marine be submitted to NMFS OPR as a draft the animal(s). mammals pursuant to these regulations, monitoring report within 90 days of (2) Activities shall not resume until Eglin AFB must apply for and obtain an completion of the study. NMFS is able to review the LOA. (r) The Holder of the LOA is required circumstances of the prohibited take. (b) An LOA, unless suspended or to: NMFS shall work with Eglin AFB to revoked, may be effective for a period of (1) Submit an annual draft report to determine what measures are necessary time not to exceed the expiration date NMFS OPR on all monitoring conducted to minimize the likelihood of further of these regulations. (c) If an LOA expires prior to the under the LOA within 90 days of the prohibited take and ensure MMPA expiration date of these regulations, completion of marine mammal compliance. Eglin AFB may not resume Eglin AFB must apply for and obtain a monitoring, or 60 days prior to the their activities in the EGTTR until renewal of the LOA. issuance of any subsequent LOA for notified by NMFS. (3) In the event that Eglin AFB (d) In the event of projected changes projects at the EGTTR, whichever comes to the activity or to mitigation and discovers an injured or dead marine first. A final report shall be prepared monitoring measures required by an mammal, and the lead observer and submitted within 30 days following LOA, Eglin AFB must apply for and determines that the cause of the injury resolution of comments on the draft obtain a modification of the LOA as or death is unknown and the death is report from NMFS. This report must described in § 218.67. contain, at a minimum, the following relatively recent (e.g., in less than a (e) The LOA shall set forth: information: moderate state of decomposition), Eglin (1) Permissible methods of incidental (i) Date and time of each EGTTR AFB shall immediately report the taking; mission; incident to the Office of Protected (2) Number of marine mammals, by (ii) A complete description of the pre- Resources, NMFS, and the Southeast species and age class, authorized to be mission and post-mission activities Regional Office, NMFS. The report must taken; related to mitigating and monitoring the include the same information identified (3) Means of effecting the least effects of EGTTR missions on marine in paragraph (p)(1) of this section. practicable adverse impact (i.e., mammal populations; and Activities may continue while NMFS mitigation) on the species of marine (iii) Results of the monitoring reviews the circumstances of the mammals authorized for taking, on its program, including numbers by species/ incident. NMFS shall work with Eglin habitat, and on the availability of the stock of any marine mammals noted AFB to determine whether additional species for subsistence uses; and injured or killed as a result of the mitigation measures or modifications to (4) Requirements for monitoring and EGTTR mission and number of marine the activities are appropriate. reporting.

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(f) Issuance of an LOA shall be based (ii) Results from other marine FOR FURTHER INFORMATION CONTACT: on a determination that the level of mammal and sound research or studies; Frank Helies, NMFS Southeast Regional taking shall be consistent with the or Office, telephone: 727–824–5305, email: findings made for the total taking (iii) Any information that reveals [email protected]. allowable under these regulations. marine mammals may have been taken SUPPLEMENTARY INFORMATION: The (g) Notice of issuance or denial of an in a manner, extent or number not fishery for coastal migratory pelagic fish LOA shall be published in the Federal authorized by these regulations or includes king mackerel, Spanish Register within 30 days of a subsequent LOAs. mackerel, and cobia, and is managed determination. (3) If, through adaptive management, under the Fishery Management Plan for the modifications to the mitigation, § 218.67 Renewals and modifications of the Coastal Migratory Pelagic Resources Letters of Authorization. monitoring, or reporting measures are of the Gulf of Mexico and Atlantic substantial, NMFS will publish a notice Region (FMP). The FMP was prepared (a) An LOA issued under § 216.106 of of proposed LOA in the Federal this chapter and § 218.66 for the activity by the Gulf of Mexico and South Register and solicit public comment. Atlantic Fishery Management Councils identified in § 218.60(a) shall be (4) Emergencies—If NMFS determines renewed or modified upon request by and is implemented by NMFS under the that an emergency exists that poses a authority of the Magnuson-Stevens the applicant, provided that: significant risk to the well-being of the (1) The specified activity and Fishery Conservation and Management species or stocks of marine mammals mitigation, monitoring, and reporting Act (Magnuson-Stevens Act) by specified under LOAs issued pursuant measures, as well as the anticipated regulations at 50 CFR part 622. All to § 216.106 of this chapter and impacts, are the same as those described weights for Atlantic king mackerel § 218.60, an LOA may be modified and analyzed for these regulations below apply as either round or gutted without prior notice or opportunity for (excluding changes made pursuant to weight. public comment. Notice would be the adaptive management provision in On April 11, 2017, NMFS published published in the Federal Register paragraph (c)(1) of this section); and a final rule to implement Amendment within 30 days of the action. (2) NMFS determines that the 26 to the FMP in the Federal Register mitigation, monitoring, and reporting §§ 218.68–218.69 [Reserved] (82 FR 17387). That final rule adjusted the management boundaries, zones, and measures required by the previous LOA [FR Doc. 2018–02511 Filed 2–7–18; 8:45 am] under these regulations were annual catch limits for Atlantic BILLING CODE 3510–22–P implemented. migratory group king mackerel (Atlantic (b) For an LOA modification or king mackerel). The commercial quota for Atlantic king mackerel in the renewal request by the applicant that DEPARTMENT OF COMMERCE includes changes to the activity or the southern zone is 4,540,640 lb (2,059,600 mitigation, monitoring, or reporting National Oceanic and Atmospheric kg) for the current fishing year, March (excluding changes made pursuant to Administration 1, 2017, through February 28, 2018 (50 the adaptive management provision in CFR 622.384(b)(2)(ii)). paragraph (c)(1) of this section) that do 50 CFR Part 622 The Atlantic king mackerel southern not change the findings made for the zone encompasses an area of Federal regulations or result in no more than a [Docket No. 160426363–7275–02] waters south of a line extending from the state border of North Carolina and minor change in the total estimated RIN 0648–XG009 number of authorized takes (or South Carolina, as specified in 50 CFR distribution by species or years), NMFS Coastal Migratory Pelagic Resources 622.2, and north of a line extending due may publish a notice of proposed LOA of the Gulf of Mexico and Atlantic east from the border of Miami-Dade and in the Federal Register, including the Region; Commercial Trip Limit Monroe Counties, Florida (50 CFR associated analysis illustrating the Increase in the Atlantic Southern Zone 622.369(a)(2)(ii)). From October 1 change, and solicit public comment through January 31, the commercial trip before issuing the LOA. AGENCY: National Marine Fisheries limit for king mackerel in or from the (c) An LOA issued under § 216.106 of Service (NMFS), National Oceanic and southern zone that may be possessed on this chapter and § 218.66 for the activity Atmospheric Administration (NOAA), board or landed from a federally identified in § 218.60(a) may be Commerce. permitted vessel is 50 fish per day (50 modified by NMFS under the following ACTION: Temporary rule; trip limit CFR 622.385(a)(2)(i)(A)). circumstances: increase. However, if NMFS determines that (1) Adaptive Management—NMFS less than 70 percent of the Atlantic may modify (including augment) the SUMMARY: NMFS increases the southern zone commercial quota has existing mitigation, monitoring, or commercial trip limit for king mackerel been harvested by February 1, then reporting measures (after consulting in or from Federal waters in an area off during the month of February, the with Eglin AFB regarding the the Florida east coast between the commercial trip limit for king mackerel practicability of the modifications) if border of Flagler and Volusia Counties in or from a specified area of the doing so creates a reasonable likelihood and the border of Miami-Dade and southern zone that may be possessed on of more effectively accomplishing the Monroe Counties in the Atlantic board or landed from a federally goals of the mitigation and monitoring southern zone to 75 fish per day. This permitted vessel is increased to 75 fish set forth in the preamble for these commercial trip limit increase is per day (50 CFR 622.385(a)(1)(ii)(D)). regulations; necessary to maximize the The area of the southern zone in which (2) Possible sources of data that could socioeconomic benefits associated with the commercial trip limit increase contribute to the decision to modify the harvesting the commercial quota of applies is in Federal waters south of mitigation, monitoring, or reporting Atlantic migratory group king mackerel. 29°25′ N lat., which is a line that measures in an LOA are: DATES: This temporary rule is effective extends due east from the border of (i) Results from Eglin AFB’s annual from 12:01 a.m., local time, February 5, Flagler and Volusia Counties, Florida, monitoring reports; 2018, through February 28, 2018. and north of 25°20′24″ N lat., which is

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