# Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2013-01817

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** January 31, 2013
- **Citation:** 78 FR 7050

## Text

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 218
[Docket No. 130109022-3022-01]
RIN 0648-BC53
Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area

AGENCY:

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

ACTION:

Notice of proposed rulemaking; request for comments and information.

SUMMARY:

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to the training and testing activities conducted in the Atlantic Fleet Training and Testing (AFTT) study area from January 2014 through January 2019. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations and subsequent Letters of Authorization (LOAs) to the Navy to incidentally harass marine mammals.

DATES:

Comments and information must be received no later than March 11, 2013.

ADDRESSES:

You may submit comments, identified by 0648-BC53, by either of the following methods:

• Electronic submissions: submit all electronic public comments via the Federal eRulemaking Portal
http://www.regulations.gov

• Hand delivery of mailing of paper, disk, or CD-ROM comments should be addressed to P. Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225.

Instructions: All comments received are a part of the public record and will generally be posted to
http://www.regulations.gov
without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.

NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Work, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT:

Brian D. Hopper, Office of Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

A copy of the Navy's application may be obtained by visiting the internet at:
http://www.nmfs.noaa.gov/pr/permits/incidental.htm
. The Navy's Draft Environmental Impact Statement/Overseas Environmental Impact Statement (DEIS/OEIS) for AFTT was made available to the public on May 11, 2012 (77 FR 27742). Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address.

Background

Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.
) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring, and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as “* * * an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”

The National Defense Authorization Act of 2004 (NDAA) (Pub. L. 108-136) removed the “small numbers” and “specified geographic region” limitations indicated above and amended the definition of “harassment” as applied to “military readiness activity” to read as follows (Section 3(18)(B) of the MMPA: “(i) Any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild [Level A Harassment]; or (ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered [Level B Harassment].”

Summary of Request

On April 13, 2012, NMFS received an application from the Navy requesting regulations and two LOAs for the take of 42 species of marine mammals incidental to Navy training and testing activities to be conducted in the AFTT Study Area over 5 years. The Navy submitted addendums on September 24, 2012 and December 21, 2012, and the application was considered complete. This proposed rule is based on the information contained in the revised LOA applications. The Navy is requesting regulations that would establish a process for authorizing take, via two separate 5-year LOAs, of marine mammals for training activities and for testing activities, each proposed to be conducted from 2014 through 2019. The Study Area includes several existing study areas, range complexes, and testing ranges (Atlantic Fleet Active Sonar Training (AFAST), Northeast, Virginia Capes (VACAPES), Cherry Point (CHPT), Jacksonville (JAX), Gulf of Mexico (GOMEX), Naval Surface Warfare Center, Panama City, Naval Undersea Warfare Center Newport, South Florida Ocean Measurement Facility (SFOMF), and Key West) plus pierside locations and areas on the high seas where maintenance, training, or testing may occur. The proposed activities are classified as military readiness activities. Marine mammals present in the Study Area may be exposed to sound from active sonar, underwater detonations, and/or pile driving and removal. In addition, incidental takes of marine mammals may occur from ship strikes. The Navy requests authorization to take individuals of 42 marine mammal species by Level B harassment and individuals of 32 marine mammal species by Level A harassment. In addition, the Navy requests authorization for take by serious injury or mortality individuals of 16 marine mammal species due to the use of explosives, and 11 total marine mammals (any species except North Atlantic right whale) over the course of the 5-year rule due to vessel strike.

The Navy's application and the AFTT DEIS/OEIS contain proposed acoustic criteria and thresholds that would, in some instances, represent changes from what NMFS has used to evaluate the

Navy's proposed activities for past incidental take authorizations. The revised thresholds are based on evaluations of recent scientific studies; a detailed explanation of how they were derived is provided in the AFTT DEIS/OEIS Criteria and Thresholds Technical Report. NMFS is currently updating and revising all of its acoustic criteria and thresholds. Until that process is complete, NMFS will continue its long-standing practice of considering specific modifications to the acoustic criteria and thresholds currently employed for incidental take authorizations only after providing the public with an opportunity for review and comment. NMFS is requesting comments on all aspects of the proposed rule, and specifically requests comment on the proposed acoustic criteria and thresholds.

Background of Request

The Navy's mission is to maintain, train, and equip combat-ready naval forces capable of winning wars, deterring aggression, and maintaining freedom of the seas. Section 5062 of Title 10 of the United States Code directs the Chief of Naval Operations to train all military forces for combat. The Chief of Naval Operations meets that directive, in part, by conducting at-sea training exercises and ensuring naval forces have access to ranges, operating areas (OPAREAs) and airspace where they can develop and maintain skills for wartime missions and conduct research, development, testing, and evaluation (RDT&E) of naval systems.

The Navy proposes to continue conducting training and testing activities within the AFTT Study Area, which have been ongoing since the 1940s. Recently, most of these activities were analyzed in six separate EISs completed between 2009 and 2011; the Atlantic Fleet Active Sonar Training (AFAST) EIS/OEIS (U.S. Department of the Navy, 2009a), the Virginia Capes Range Complex (VACAPES) EIS/OEIS (U.S. Department of the Navy, 2009b), the Navy Cherry Point Range Complex (CHPT) EIS/OEIS (U.S. Department of the Navy, 2009c), the Jacksonville Range Complex (JAX) EIS/OEIS (U.S. Department of the Navy, 2009d), the Panama City (PCD) EIS/OEIS (U.S. Department of the Navy, 2009e), and the Gulf of Mexico (GOMEX) EIS/OEIS (U.S. Department of the Navy, 2011). These documents, among others, and their associated MMPA regulations and authorizations, describe the baseline of training and testing activities currently conducted in the Study Area. The tempo and types of training and testing activities have fluctuated due to changing requirements; new technologies; the dynamic nature of international events; advances in warfighting doctrine and procedures; and changes in basing locations for ships, aircraft, and personnel. Such developments influence the frequency, duration, intensity, and location of required training and testing. The Navy's request covers training and testing activities that would occur for a 5-year period following the expiration of the current MMPA authorizations for AFAST, VACAPES, CHPT, JAX, and GOMEX. The Navy has also prepared a DEIS/OEIS analyzing the effects on the human environment of implementing their preferred alternative (among others).

The quantified results of the marine mammal acoustic effects analysis presented in the Navy's LOA application differ from the quantified results presented in the AFTT DEIS/OEIS. The differences are due to three main factors: (1) Changes to tempo or location of certain training and testing activities; (2) refinement to the modeling inputs for training and testing; and (3) additional post-model analysis of acoustic effects to include animal avoidance of repeated sound sources, avoidance of areas of activity before use of a sound source or explosive by sensitive species, and implementation of mitigation. The additional post-model analysis of acoustic effects was performed to clarify potential misunderstandings of the numbers presented as modeling results in the AFTT DEIS/OEIS. Some comments indicated that the readers believed the acoustic effects to marine mammals presented in the DEIS/OEIS were representative of the actual expected effects, although the AFTT DEIS/OEIS did not account for animal avoidance of an area prior to commencing sound-producing activities, animal avoidance of repeated explosive noise exposures, and the protections due to standard Navy mitigations. The net result of these changes is an overall decrease in takes in the Mortality and Level A takes within the LOA application compared with the DEIS, a net reduction in Level B takes for training, and a net increase in Level B takes for testing. The Navy has advised NMFS that all comments received on the proposed rule that address: (1) Changes to the tempo or location of certain proposed activities; (2) refinement to the modeling inputs for training and testing; and (3) additional post-model analysis of acoustic effects and implementation of mitigation, will be reviewed and addressed by the Navy in its FEIS/OEIS for AFTT.

Description of the Specified Activity

The Navy requests authorization to take marine mammals incidental to conducting training and testing activities. The Navy has determined that non-impulsive sources (e.g. sonar), underwater detonations, pile driving and removal, and vessel strikes are the stressors most likely to result in impacts on marine mammals that could rise to the level of harassment. Detailed descriptions of these activities are provided in the Navy's Draft Environmental Impact Statement (DEIS) and LOA application (
http://www.nmfs.noaa.gov/pr/permits/incidental.htm
) and summarized here.

Overview of Training Activities

The Navy routinely trains in the AFTT Study Area in preparation for national defense missions. Training activities are categorized into eight functional warfare areas (anti-air warfare; amphibious warfare; strike warfare; anti-surface warfare; anti-submarine warfare; electronic warfare; mine warfare; and naval special warfare). The Navy determined that stressors used in the following warfare areas are most likely to result in impacts on marine mammals:

• Amphibious warfare (underwater detonations, pile driving and removal)

• Anti-surface warfare (underwater detonations)

• Anti-submarine warfare (active sonar, underwater detonations)

• Mine warfare (active sonar, underwater detonations)

• Naval special warfare (underwater detonations)

The Navy's activities in anti-air warfare, strike warfare, and electronic warfare do not produce stressors that could result in harassment of marine mammals. Therefore, these activities are not discussed further.

Amphibious Warfare

The mission of amphibious warfare is to project military power from the sea to the shore through the use of naval firepower and Marine Corps landing forces. The Navy uses amphibious warfare to attack a threat located on land by a military force embarked on ships. Amphibious warfare training ranges from individual, crew, and small unit events to large task force exercises. Individual and crew training include amphibious vehicles and naval gunfire support training for shore assaults, boat raids, airfield or port seizures, and reconnaissance. Large-scale amphibious exercises involve ship-to-shore

maneuver, naval fire support, such as shore bombardment, and air strike and close air support training. However, the Navy only analyzed those portions of amphibious warfare training that occur at sea, in particular, underwater detonations associated with naval gunfire support training. The Navy conducts other amphibious warfare support activities that could potentially impact marine mammals (such as pile driving and removal) in the near shore region from the beach to about 914 m from shore.

Anti-Surface Warfare

The mission of anti-surface warfare is to defend against enemy ships or boats. When conducting anti-surface warfare, aircraft use cannons, air-launched cruise missiles, or other precision munitions (guided and unguided); ships use naval guns, and surface-to-surface missiles; and submarines use torpedoes or submarine-launched, anti-ship cruise missiles. Anti-surface warfare training includes surface-to-surface gunnery and missile exercises, air-to-surface gunnery and missile exercises, and submarine missile or exercise torpedo launch events.

Anti-Submarine Warfare

The mission of anti-submarine warfare is to locate, neutralize, and defeat hostile submarine threats to surface forces. Anti-submarine warfare is based on the principle of a layered defense of surveillance and attack aircraft, ships, and submarines all searching for hostile submarines. These forces operate together or independently to gain early warning and detection, and to localize, track, target, and attack hostile submarine threats. Anti-submarine warfare training addresses basic skills such as detection and classification of submarines, distinguishing between sounds made by enemy submarines and those of friendly submarines, ships, and marine life. More advanced, integrated anti-submarine warfare training exercises are conducted in coordinated, at-sea training events involving submarines, ships, and aircraft. This training integrates the full spectrum of anti-submarine warfare from detecting and tracking a submarine to attacking a target using either exercise torpedoes or simulated weapons.

Mine Warfare

The mission of mine warfare is to detect, and avoid or neutralize mines to protect Navy ships and submarines and to maintain free access to ports and shipping lanes. Mine warfare also includes offensive mine laying to gain control or deny the enemy access to sea space. Naval mines can be laid by ships, submarines, or aircraft. Mine warfare training includes exercises in which ships, aircraft, submarines, underwater vehicles, or marine mammal detection systems search for mines. Certain personnel train to destroy or disable mines by attaching and detonating underwater explosives to simulated mines. Other neutralization techniques involve impacting the mine with a bullet-like projectile or intentionally triggering the mine to detonate.

Naval Special Warfare

The mission of naval special warfare is to conduct unconventional warfare, direct action, combat terrorism, special reconnaissance, information warfare, security assistance, counter-drug operations, and recovery of personnel from hostile situations. Naval special warfare operations are highly specialized and require continual and intense training. Naval special warfare units are required to utilize a combination of specialized training, equipment, and tactics, including insertion and extraction operations using parachutes, submerged vehicles, rubber boats, and helicopters; boat-to-shore and boat-to-boat gunnery; underwater demolition training; reconnaissance; and small arms training.

Overview of Testing Activities

The Navy researches, develops, tests, and evaluates new platforms, systems, and technologies. Testing activities may occur independently of or in conjunction with training activities. Many testing activities are conducted similarly to Navy training activities and are also categorized under one of the primary mission areas. Other testing activities are unique and are described within their specific testing categories. The Navy determined that stressors used during the following testing activities are most likely to result in impacts on marine mammals:

• Naval Air Systems Command (NAVAIR) Testing

• Anti-surface warfare testing (underwater detonations)

• Anti-submarine warfare testing (active sonar, underwater detonations)

• Mine warfare testing (active sonar, underwater detonations)

• Naval Sea Systems Command (NAVSEA) Testing

• New ship construction (active sonar, underwater detonations)

• Shock trials (underwater detonations)

• Life cycle activities (active sonar, underwater detonations)

• Range Activities (active sonar, underwater detonations)

• Anti-surface warfare/anti-submarine warfare testing (active sonar, underwater detonations)

• Mine warfare testing (active sonar, underwater detonations)

• Ship protection systems and swimmer defense testing (active sonar, airguns)

• Unmanned vehicle testing (active sonar)

• Other testing (active sonar)

• Office of Naval Research (ONR) and Naval Research Laboratory (NRL) Testing

• ONR/NRL Research, Development, Test & Evaluation (active sonar)

Other Navy testing activities that do not involve underwater non-impulse sources or impulse sources that could result in marine mammal harassment are not discussed further.

Naval Air Systems Command Testing (NAVAIR)

NAVAIR events include testing of new aircraft platforms, weapons, and systems before delivery to the fleet for training activities. NAVAIR also conducts lot acceptance testing of weapons and systems, such as sonobuoys. In general, NAVAIR conducts its testing activities the same way the fleet conducts its training activities. However, NAVAIR testing activities may occur in different locations than equivalent fleet training activities and testing of a particular system may differ slightly from the way the fleet trains with the same system.

Anti-Surface Warfare Testing

Anti-surface warfare testing includes air-to-surface gunnery, missile, and rocket exercises. Testing is required to ensure the equipment is fully functional for defense from surface threats. Testing may be conducted on new guns or gun rounds, missiles, rockets, and aircraft, and also in support of scientific research to assess new and emerging technologies. Testing events are often integrated into training activities and in most cases the systems are used in the same manner in which they are used for fleet training activities.

Anti-Submarine Warfare Testing

Anti-submarine warfare testing addresses basic skills such as detection and classification of submarines, distinguishing between sounds made by enemy submarines and those of friendly submarines, ships, and marine life. More advanced, integrated anti-submarine warfare testing is conducted in coordinated, at-sea training events involving submarines, ships, and

aircraft. This testing integrates the full spectrum of anti-submarine warfare from detecting and tracking a submarine to attacking a target using various torpedoes and weapons.

Mine Warfare Testing

Mine warfare testing includes activities in which aircraft detection systems are used to search for and record the location of mines for subsequent neutralization. Mine neutralization tests evaluate a system's effectiveness at intentionally detonating or otherwise disabling the mine. Different mine neutralization systems are designed to neutralize mines either at the sea surface or deployed deeper within the water column. All components of these systems are tested in the at-sea environment to ensure they meet mission requirements.

Naval Sea Systems Command Testing (NAVSEA)

NAVSEA testing activities are aligned with its mission of new ship construction, shock trials, life cycle activities, range activities, and other weapon systems development and testing.

New Ship Construction Activities

Ship construction activities include pierside testing of ship systems, tests to determine how the ship performs at-sea (sea trials), and developmental and operational test and evaluation programs for new technologies and systems. Pierside and at-sea testing of systems aboard a ship may include sonar, acoustic countermeasures, radars, and radio equipment. During sea trials, each new ship propulsion engine is operated at full power and subjected to high-speed runs and steering tests. At-sea test firing of shipboard weapon systems, including guns, torpedoes, and missiles, are also conducted.

Shock Trials

One ship of each new class (or major upgrade) of combat surface ships constructed for the Navy may undergo an at-sea shock trial. A shock trial is a series of underwater detonations that send a shock wave through the ship's hull to simulate near misses during combat. A shock trial allows the Navy to validate the shock hardness of the ship and assess the survivability of the hull and ship's systems in a combat environment as well as the capability of the ship to protect the crew.

Life Cycle Activities

Testing activities are conducted throughout the life of a Navy ship to verify performance and mission capabilities. Sonar system testing occurs pierside during maintenance, repair, and overhaul availabilities, and at sea immediately following most major overhaul periods. A Combat System Ship Qualification Trial is conducted for new ships and for ships that have undergone modification or overhaul of their combat systems.

Radar cross signature testing of surface ships is conducted on new vessels and periodically throughout a ship's life to measure how detectable the ship is by radar. Electromagnetic measurements of off-board electromagnetic signatures are also conducted for submarines, ships, and surface craft periodically.

Range Activities

NAVSEA's testing ranges are used to conduct principal testing, analysis, and assessment activities for ship and submarine platforms, including ordnance, mines, and machinery technology for surface combat systems. Naval Surface Warfare Center, Panama City Division Testing Range focuses on surface warfare tests that often involve mine countermeasures. Naval Undersea Warfare Center Division, Newport Testing Range focuses on the undersea aspects of warfare and is, therefore, structured to test systems such as torpedoes and unmanned underwater vehicles. The South Florida Ocean Measurement Facility Testing Range retains a unique capability that focuses on signature analysis operations and mine warfare testing events.

Other Weapon Systems Development and Testing

Numerous test activities and technical evaluations, in support of NAVSEA's systems development mission, often occur with fleet activities within the Study Area. Tests within this category include, but are not limited to, anti-surface, anti-submarine, and mine warfare, using torpedoes, sonobuoys, and mine detection and neutralization systems.

Office of Naval Research (ONR) and Naval Research Laboratory (NLR) Testing

As the Navy's Science and Technology provider, ONR and NRL provide technology solutions for Navy and Marine Corps needs. ONR's mission, defined by law, is to plan, foster, and encourage scientific research in recognition of its paramount importance as related to the maintenance of future naval power, and the preservation of national security. Further, ONR manages the Navy's basic, applied, and advanced research to foster transition from science and technology to higher levels of research, development, test and evaluation. The Ocean Battlespace Sensing Department explores science and technology in the areas of oceanographic and meteorological observations, modeling, and prediction in the battlespace environment; submarine detection and classification (anti-submarine warfare); and mine warfare applications for detecting and neutralizing mines in both the ocean and littoral environments. ONR events include: Research, development, test and evaluation activities; surface processes acoustic communications experiments; shallow water acoustic propagation experiments; and long range acoustic propagation experiments.

Sonar, Ordnance, Targets, and Other Systems

The Navy uses a variety of sensors, platforms, weapons, and other devices to meet its mission. Training and testing with these systems may introduce acoustic (sound) energy into the environment. This section describes and organizes sonar systems, ordnance, munitions, targets, and other systems to facilitate understanding of the activities in which these systems are used. Underwater sound is described as one of two types for the purposes of the Navy's application: Impulsive and non-impulsive. Underwater detonations of explosives and other percussive events are impulsive sounds. Sonar and similar sound producing systems are categorized as non-impulsive sound sources.

Sonar and Other Non-Impulsive Sources

Modern sonar technology includes a variety of sonar sensor and processing systems. The simplest active sonar emits sound waves, or “pings,” sent out in multiple directions and the sound waves then reflect off of the target object in multiple directions. The sonar source calculates the time it takes for the reflected sound waves to return; this calculation determines the distance to the target object. More sophisticated active sonar systems emit a ping and then rapidly scan or listen to the sound waves in a specific area. This provides both distance to the target and directional information. Even more advanced sonar systems use multiple receivers to listen to echoes from several directions simultaneously and provide efficient detection of both direction and distance. The Navy rarely uses active sonar continuously throughout activities. When sonar is in use, the pings occur at intervals, referred to as a duty cycle, and the signals themselves

are very short in duration. For example, sonar that emits a 1-second ping every 10 seconds has a 10 percent duty cycle. The Navy utilizes sonar systems and other acoustic sensors in support of a variety of mission requirements. Primary uses include the detection of, and defense against, submarines (anti-submarine warfare) and mines (mine warfare); safe navigation and effective communications; use of unmanned undersea vehicles; and oceanographic surveys.

Ordnance and Munitions

Most ordnance and munitions used during training and testing events fall into three basic categories: projectiles (such as gun rounds), missiles (including rockets), and bombs. Ordnance can be further defined by their net explosive weight, which considers the type and quantity of the explosive substance without the packaging, casings, bullets, etc. Net explosive weight (NEW) is the trinitrotoluene (TNT) equivalent of energetic material, which is the standard measure of strength of bombs and other explosives. For example, a 5-inch shell fired from a Navy gun is analyzed at about 9.5 pounds (lb) (4.3 kg) of NEW. The Navy also uses non-explosive ordnance in place of high explosive ordnance in many training and testing events. Non-explosive ordnance munitions look and perform similarly to high explosive ordnance, but lack the main explosive charge.

Defense Countermeasures

Naval forces depend on effective defensive countermeasures to protect themselves against missile and torpedo attack. Defensive countermeasures are devices designed to confuse, distract, and confound precision guided munitions. Defensive countermeasures analyzed in this LOA application include acoustic countermeasures, which are used by surface ships and submarines to defend against torpedo attack. Acoustic countermeasures are either released from ships and submarines, or towed at a distance behind the ship.

Mine Warfare Systems

The Navy divides mine warfare systems into two categories: Mine detection and mine neutralization. Mine detection systems are used to locate, classify, and map suspected mines, on the surface, in the water column, or on the sea floor. The Navy analyzed the following mine detection systems for potential impacts on marine mammals:

• Towed or hull-mounted mine detection systems. These detection systems use acoustic and laser or video sensors to locate and classify suspect mines. Fixed and rotary wing platforms, ships, and unmanned vehicles are used for towed systems, which can rapidly assess large areas.

• Unmanned/remotely operated vehicles. These vehicles use acoustic and video or lasers to locate and classify mines and provide unique capabilities in nearshore littoral areas, surf zones, ports, and channels.

Mine Neutralization Systems

Mine neutralization systems disrupt, disable, or detonate mines to clear ports and shipping lanes, as well as littoral, surf, and beach areas in support of naval amphibious operations. The Navy analyzed the following mine neutralization systems for potential impacts to marine mammals:

• Towed influence mine sweep systems. These systems use towed equipment that mimic a particular ship's magnetic and acoustic signature triggering the mine and causing it to explode.

• Unmanned/remotely operated mine neutralization systems. Surface ships and helicopters operate these systems, which place explosive charges near or directly against mines to destroy the mine.

• Airborne projectile-based mine clearance systems. These systems neutralize mines by firing a small or medium-caliber non-explosive, supercavitating projectile from a hovering helicopter.

• Diver emplaced explosive charges. Operating from small craft, divers put explosive charges near or on mines to destroy the mine or disrupt its ability to function.

Classification of Non-Impulsive and Impulsive Sources Analyzed

In order to better organize and facilitate the analysis of about 300 sources of underwater non-impulsive sound or impulsive energy, the Navy developed a series of source classifications, or source bins. This method of analysis provides the following benefits:

• Allows for new sources to be covered under existing authorizations, as long as those sources fall within the parameters of a “bin;”

• Simplifies the data collection and reporting requirements anticipated under the MMPA;

• Ensures a conservative approach to all impact analysis because all sources in a single bin are modeled as the most powerful source (e.g., lowest frequency, highest source level, longest duty cycle, or largest net explosive weight within that bin);

• Allows analysis to be conducted more efficiently, without compromising the results;

• Provides a framework to support the reallocation of source usage (hours/explosives) between different source bins, as long as the total number of marine mammal takes remain within the overall analyzed and authorized limits. This flexibility is required to support evolving Navy training and testing requirements, which are linked to real world events.

A description of each source classification is provided in Tables 1-3. Non-impulsive sources are grouped into bins based on the frequency, source level when warranted, and how the source would be used. Impulsive bins are based on the net explosive weight of the munitions or explosive devices. The following factors further describe how non-impulsive sources are divided:

• Frequency of the non-impulsive source:

○ Low-frequency sources operate below 1 kilohertz (kHz)

○ Mid-frequency sources operate at and above 1 kHz, up to and including 10 kHz

○ High-frequency sources operate above 10 kHz, up to and including 100 kHz

○ Very high-frequency sources operate above 100 kHz, but below 200 kHz

• Source level of the non-impulsive source:

○ Greater than 160 decibels (dB), but less than 180 dB

○ Equal to 180 dB and up to 200 dB

○ Greater than 200 dB

How a sensor is used determines how the sensor's acoustic emissions are analyzed. Factors to consider include pulse length (time source is “on”); beam pattern (whether sound is emitted as a narrow, focused beam, or, as with most explosives, in all directions); and duty cycle (how often a transmission occurs in a given time period during an event).

There are also non-impulsive sources with characteristics that are not anticipated to result in takes of marine mammals. These sources have low source levels, narrow beam widths, downward directed transmission, short pulse lengths, frequencies beyond known hearing ranges of marine mammals, or some combination of these factors. These sources were not modeled by the Navy, but are qualitatively analyzed in Table 1-5 of the LOA application and Table 2.3.3 of the AFTT Draft EIS/OEIS.

Table 1—Explosive (Impulsive) Training and Testing Source Classes Analyzed

Source class
Representative munitions
Net Explosive weight (lbs)

E1
Medium-caliber projectiles
0.1-0.25

E2
Medium-caliber projectiles
0.26-0.5

E3
Large-caliber projectiles
>0.5-2.5

E4
Improved Extended Echo Ranging Sonobuoy
>2.5-5.0

E5
5 in. projectiles
>5-10

E6
15 lb. shaped charge
>10-20

E7
40 lb. demo block/shaped charge
>20-60

E8
250 lb. bomb
>60-100

E9
500 lb. bomb
>100-250

E10
1,000 lb. bomb
>250-500

E11
650 lb. mine
>500-650

E12
2,000 lb. bomb
>650-1,000

E13
1,200 lb. HBX charge
>1,000-1,740

E14
2,500 lb HBX charge
>1,740-3,625

E15
5,000 lb HBX charge
>3,625-7,250

Table 2—Active Acoustic (Non-Impulsive) Source Classes Analyzed

Source class category
Source class
Description

Low-Frequency (LF): Sources that produce low-frequency (less than 1 kHz) signals
LF3
Low-frequency sources greater than 200 dB.

LF4
Low-frequency sources equal to 180 dB and up to 200 dB.

LF5
Low-frequency sources greater than 160 dB, but less than 180 dB.

Mid-Frequency (MF): Tactical and non-tactical sources that produce mid-frequency (1 to 10 kHz) signals
MF1
Hull-mounted surface ship sonar (e.g., AN/SQS-53C and AN/SQS-60).

MF1K
Kingfisher mode associated with MF1 sonar.

MF2
Hull-mounted surface ship sonar (e.g., AN/SQS-56).

MF2K
Kingfisher mode associated with MF2 sonar.

MF3
Hull-mounted submarine sonar (e.g., AN/BQQ-10).

MF4
Helicopter-deployed dipping sonar (e.g., AN/AQS-22 and AN/AQS-13).

MF5
Active acoustic sonobuoys (e.g., DICASS).

MF6
Active sound underwater signal devices (e.g., MK-84).

MF8
Active sources (greater than 200 dB) not otherwise binned.

MF9
Active sources (equal to 180 dB and up to 200 dB) not otherwise binned.

MF10
Active sources (greater than 160 dB, but less than 180 dB) not otherwise binned.

MF11
Hull-mounted surface ship sonar with an active duty cycle greater than 80%.

MF12
Towed array surface ship sonar with an active duty cycle greater than 80%

High-Frequency (HF): Tactical and non-tactical sources that produce high-frequency (greater than 10 kHz but less than 180 kHz) signals
HF1
Hull-mounted submarine sonar (e.g., AN/BQQ-10).

HF2
High-Frequency Marine Mammal Monitoring System.

HF3
Other hull-mounted submarine sonar (classified).

HF4
Mine detection and classification sonar (e.g., Airborne Towed Minehunting Sonar System).

HF5
Active sources (greater than 200 dB) not otherwise binned.

HF6
Active sources (equal to 180 dB and up to 200 dB) not otherwise binned.

HF7
Active sources (greater than 160 dB, but less than 180 dB) not otherwise binned.

HF8
Hull-mounted surface ship sonar (e.g., AN/SQS-61).

Anti-Submarine Warfare (ASW): Tactical sources such as active sonobuoys and acoustic countermeasures systems used during the conduct of anti-submarine warfare training and testing activities
ASW1
Mid-frequency Deep Water Active Distributed System (DWADS).

ASW2
Mid-frequency Multistatic Active Coherent sonobuoy (e.g., AN/SSQ-125)—Sources that are analyzed by item.

ASW2
Mid-frequency Multistatic Active Coherent sonobuoy (e.g., AN/SSQ-125)—Sources that are analyzed by hours.

ASW3
Mid-frequency towed active acoustic countermeasure systems (e.g., AN/SLQ-25).

ASW4
Mid-frequency expendable active acoustic device countermeasures (e.g., MK-3).

Torpedoes (TORP): Source classes associated with the active acoustic signals produced by torpedoes
TORP1
Lightweight torpedo (e.g., MK-46, MK-54, or Anti-Torpedo Torpedo).

TORP2
Heavyweight torpedo (e.g., MK-48).

Doppler Sonars (DS): Sonars that use the Doppler effect to aid in navigation or collect oceanographic information
DS1
Low-frequency Doppler sonar (e.g., Webb Tomography Source).

Forward Looking Sonar (FLS): Forward or upward looking object avoidance sonars
FLS2-FLS3
High-frequency sources with short pulse lengths, narrow beam widths, and focused beam patterns used for navigation and safety of ships.

Acoustic Modems (M): Systems used to transmit data acoustically through the water
M3
Mid-frequency acoustic modems (greater than 190 dB).

Swimmer Detection Sonars (SD): Systems used to detect divers and submerged swimmers
SD1-SD2
High-frequency sources with short pulse lengths, used for detection of swimmers and other objects for the purposes of port security.

Synthetic Aperture Sonars (SAS): Sonars in which active acoustic signals are post-processed to form high-resolution images of the seafloor

SAS1
SAS2
SAS3

MF SAS systems.
HF SAS systems.
VHF SAS systems.

Table 3—Explosive Source Classes Analyzed for Non-Annual Training and Testing Activities

Source class
Representative munitions

Net explosive weight
1
(lbs)

E1
Medium-caliber projectiles
0.1-0.25

E2
Medium-caliber projectiles
0.26-0.5

E4
Improved Extended Echo Ranging Sonobuoy
2.6-5

E16
10,000 lb. HBX charge
7,251-14,500

E17
40,000 lb. HBX charge
14,501-58,000

Table 4—Active Acoustic (Non-Impulsive) Sources Analyzed for Non-Annual Training and Testing

Source class category
Source class
Description

Low-Frequency (LF): Sources that produce low-frequency (less than 1 kHz) signals
LF5
Low-frequency sources greater than 160 dB, but less than 180 dB.

Mid-Frequency (MF): Tactical and non-tactical sources that produce mid-frequency (1 to 10 kHz) signals
MF9
Active sources (equal to 180 dB and up to 200 dB) not otherwise binned.

High-Frequency (HF): Tactical and non-tactical sources that produce high-frequency (greater than 10 kHz but less than 180 kHz) signals
HF4
Mine detection and classification sonar (e.g., AN/AQS-20).

HF5
Active sources (greater than 200 dB) not otherwise binned.

HF6
Active sources (equal to 180 dB and up to 200 dB) not otherwise binned.

HF7
Active sources (greater than 160 dB, but less than 180 dB) not otherwise binned.

Forward Looking Sonar (FLS): Forward or upward looking object avoidance sonars
FLS2-FLS3
High-frequency sources with short pulse lengths, narrow beam widths, and focused beam patterns used for navigation and safety of ships.

Sonars (SAS): Sonars in which active acoustic signals are post-processed to form high-resolution images of the seafloor
SAS2
HF SAS systems.

Proposed Action

The Navy proposes to continue conducting training and testing activities within the AFTT Study Area. The Navy has been conducting similar military readiness training and testing activities in the AFTT Study Area since the 1940s. Recently, these activities were analyzed in separate EISs completed between 2009 and 2011. These documents, among others, and their associated MMPA regulations and authorizations, describe the baseline of training and testing activities currently conducted in the AFTT Study Area.

To meet all future training and testing requirements, the Navy has prepared the AFTT DEIS/OEIS to analyze changes to these activities due to fluctuations in the tempo and types of training and testing activities due to changing requirements; the introduction of new technologies; the dynamic nature of

international events; advances in warfighting doctrine and procedures; and changes in basing locations for ships, aircraft, and personnel (force structure changes). Such developments have influenced the frequency, duration, intensity, and location of required training and testing. In addition, the Study Area has expanded beyond the areas included in previous NMFS authorizations. The expansion of the Study Area does not represent an increase in areas where the Navy will train and test, but is merely an expansion of the area to be included in the proposed incidental take authorization.

Training

The Navy proposes to conduct training activities in the AFTT Study Area as described in Table 5 of this proposed rule. Detailed information about each proposed activity (stressor, training event, description, sound source, duration, and geographic location) can be found in Appendix A of the AFTT DEIS/OEIS. The Navy's proposed action is an adjustment to existing baseline training activities to accommodate the following:

• Force structure changes including the relocation of ships, aircraft, and personnel to meet Navy needs. As forces are moved within the existing Navy structure, training needs will necessarily change as the location of forces change.

• Development and introduction of new ships, aircraft, and new weapons systems;

• Current training activities that were not addressed in previous documents.

Table 5—Training Activities Within the Study Area

Stressor
Training event
Description
Source class

Number of
events per
year

Anti-Submarine Warfare (ASW)

Non-Impulsive
Tracking Exercise/Torpedo Exercise—Submarine (TRACKEX/TORPEX—Sub)
Submarine crews search, track, and detect submarines. Exercise torpedoes may be used during this event
ASW4; MF3; HF1; TORP2
102

Non-Impulsive
Tracking Exercise/Torpedo Exercise—Surface (TRACKEX/TORPEX—Surface)
Surface ship crews search, track and detect submarines. Exercise torpedoes may be used during this event
ASW1,3,4; MF1,2,3,4,5,11,12; HF1; TORP1
764

Non-Impulsive
Tracking Exercise/Torpedo Exercise—Helicopter (TRACKEX/TORPEX—Helo)
Helicopter crews search, detect and track submarines. Recoverable air launched torpedoes may be employed against submarine targets
ASW4; MF4,5; TORP1
432

Non-Impulsive
Tracking Exercise/Torpedo Exercise—Maritime Patrol Aircraft (TRACKEX/TORPEX—MPA)
Maritime patrol aircraft crews search, detect, and track submarines. Recoverable air launched torpedoes may be employed against submarine targets
MF5; TORP1
752

Non-Impulsive
Tracking Exercise—Maritime Patrol Aircraft Extended Echo Ranging Sonobuoy (TRACKEX—MPA sonobuoy)
Maritime patrol aircraft crews search, detect, and track submarines with extended echo ranging sonobuoys. Recoverable air launched torpedoes may be employed against submarine targets
ASW2
160

Non-Impulsive
Anti-Submarine Warfare Tactical Development Exercise
Multiple ships, aircraft and submarines coordinate their efforts to search, detect and track submarines with the use of all sensors. Anti-Submarine Warfare Tactical Development Exercise is a dedicated ASW event
ASW3,4; HF1; MF1,2,3,4,5
4

Non-Impulsive
Integrated Anti-Submarine Warfare Course (IAC)
Multiple ships, aircraft, and submarines coordinate the use of their sensors, including sonobuoys, to search, detect and track threat submarines. IAC is an intermediate level training event and can occur in conjunction with other major exercises
ASW 3,4; HF1; MF1,2,3,4,5
5

Non-Impulsive
Group Sail
Multiple ships and helicopters integrate the use of sensors, including sonobuoys, to search, detect and track a threat submarine. Group sails are not dedicated ASW events and involve multiple warfare areas
ASW 2,3; HF1; MF1,2,3,4,5
20

Non-Impulsive
ASW for Composite Training Unit Exercise (COMPTUEX)
Anti-Submarine Warfare activities conducted during a COMPTUEX
ASW 2,3,4; HF1; MF1,2,3,4,5,12
5

Non-Impulsive
ASW for Joint Task Force Exercise (JTFEX)/Sustainment Exercise (SUSTAINEX)
Anti-Submarine Warfare activities conducted during a JTFEX/SUSTAINEX
ASW2,3,4; HF1; MF1,2,3,4,5,12
4

Mine Warfare (MIW)

Non-Impulsive
Mine Countermeasures Exercise (MCM)—Ship Sonar
Littoral combat ship crews detect and avoid mines while navigating restricted areas or channels using active sonar
HF4
116

Non-Impulsive
Mine Countermeasures—Mine Detection
Ship crews and helicopter aircrews detect mines using towed and laser mine detection systems (e.g., AN/AQS-20, ALMDS)
HF4
2,538

Non-Impulsive
Coordinated Unit Level Helicopter Airborne Mine Countermeasure Exercises
Helicopters aircrew members train as a squadron in the use of airborne mine countermeasures, such as towed mine detection and neutralization systems
HF4
8

Non-Impulsive
Civilian Port Defense
Maritime security operations for military and civilian ports and harbors. Marine mammal systems may be used during the exercise
HF4
1 event every other year.

Other Training Activities

Non-Impulsive
Submarine Navigational (SUB NAV)
Submarine crews locate underwater objects and ships while transiting in and out of port
HF1; MF3
282

Non-Impulsive
Submarine Navigation Under Ice Certification
Submarine crews train to operate under ice. During training and certification other submarines and ships simulate ice
HF1
24

Non-Impulsive
Surface Ship Object Detection
Surface ship crews locate underwater objects that may impede transit in and out of port
MF1K; MF2K
144

Non-Impulsive
Surface Ship Sonar Maintenance
Pierside and at-sea maintenance of sonar systems
MF1,2
824

Non-Impulsive
Submarine Sonar Maintenance
Pierside and at-sea maintenance of sonar systems
MF3
220

Amphibious Warfare (AMW)

Impulsive
Naval Surface Fire Support Exercise—At Sea (FIREX [At Sea])
Surface ship crews use large-caliber guns to support forces ashore; however, the land target is simulated at sea. Rounds impact the water and are scored by passive acoustic hydrophones located at or near the target area
E5
50

Anti-Surface Warfare (ASUW)

Impulsive
Maritime Security Operations (MSO)—Anti-swimmer Grenades
Helicopter and surface ship crews conduct a suite of Maritime Security Operations (e.g., Visit, Board, Search, and Seizure; Maritime Interdiction Operations; Force Protection; and Anti-Piracy Operation)
E2
12

Impulsive
Gunnery Exercise (Surface-to-Surface) (Ship)—Medium-Caliber (GUNEX [S-S]—Ship)
Ship crews engage surface targets with ship's medium-caliber guns
E1; E2
827

Impulsive
Gunnery Exercise (Surface-to-Surface) (Ship)—Large-Caliber (GUNEX [S-S]—Ship)
Ship crews engage surface targets with ship's large-caliber guns
E3; E5
294

Impulsive
Gunnery Exercise (Surface-to-Surface) (Boat) (GUNEX [S-S]—Boat)
Small boat crews engage surface targets with small and medium-caliber guns
E1; E2
434

Impulsive
Missile Exercise (Surface-to-Surface) (MISSILEX [S-S])
Surface ship crews defend against threat missiles and other surface ships with missiles
E10
20

Impulsive
Gunnery Exercise (Air-to-Surface) (GUNEX [A-S])
Fixed-wing and helicopter aircrews, including embarked personnel, use small and medium-caliber guns to engage surface targets
E1; E2
715

Impulsive
Missile Exercise (Air-to-Surface)—Rocket (MISSILEX [A-S])
Fixed-wing and helicopter aircrews fire both precision-guided missiles and unguided rockets against surface targets
E5
210

Impulsive
Missile Exercise (Air-to-Surface) (MISSILEX [A-S])
Fixed-wing and helicopter aircrews fire both precision-guided missiles and unguided rockets against surface targets
E6; E8
248

Impulsive
Bombing Exercise (Air-to-Surface) (BOMBEX [A-S])
Fixed-wing aircrews deliver bombs against surface targets
E8; E9; E10; E12
930

Impulsive
Sinking Exercise (SINKEX)
Aircraft, ship, and submarine crews deliver ordnance on a seaborne target, usually a deactivated ship, which is deliberately sunk using multiple weapon systems
E3; E5; E8; E9; E10;E11;E12
1

Anti-Submarine Warfare (ASW)

Impulsive
Tracking Exercise—Maritime Patrol Aircraft Extended Echo Ranging Sonobuoy (TRACKEX—MPA sonobuoy)
Maritime patrol aircraft crews search, detect, and track submarines with extended echo ranging sonobuoys. Recoverable air launched torpedoes may be employed against submarine targets.
E4
160

Impulsive
Group Sail
Multiple ships and helicopters integrate the use of sensors, including sonobuoys, to search, detect and track a threat submarine. Group sails are not dedicated ASW events and involve multiple warfare areas
E4
20

Impulsive
ASW for Composite Training Unit Exercise (COMPTUEX)
Anti-Submarine Warfare activities conducted during a COMPTUEX
E4
4

Impulsive
ASW for Joint Task Force Exercise (JTFEX)/Sustainment Exercise (SUSTAINEX)
Anti-Submarine Warfare activities conducted during a JTFEX/SUSTAINEX
E4
4

Mine Warfare (MIW)

Impulsive
Explosive Ordnance Disposal (EOD)/Mine Neutralization
Personnel disable threat mines. Explosive charges may be used
E1; E4; E5; E6; E7; E8
618

Impulsive
Mine Countermeasures—Mine Neutralization—Remotely Operated Vehicles
Ship crews and helicopter aircrews disable mines using remotely operated underwater vehicles
E4
508

Impulsive
Civilian Port Defense
Maritime security operations for military and civilian ports and harbors. Marine mammal systems may be used during the exercise
E2; E4
1 event every other year.

Pile Driving and Pile Removal

Impulsive
Elevated Causeway System (ELCAS)
A temporary pier is constructed off the beach. Supporting pilings are driven into the sand and then later removed. The Elevated Causeway System is a portion of a larger activity Joint Logistics Over the Shore (JLOTS) which is covered under separate documentation. Construction would involve intermittent impact pile driving of 24-inch, uncapped, steel pipe piles over approximately 2 weeks. Crews work 24 hours a day and can drive approximately 8 piles in that period. Each pile takes about 10 minutes to drive. When training events that use the elevated causeway system are complete, the piles would be removed using vibratory methods over approximately 6 days. Crews can remove about 14 piles per 24-hour period, each taking about 6 minutes to remove

1

Testing

The Navy's proposed testing activities are described in Tables 6 and 7. Detailed information about each proposed activity (stressor, testing event, description, sound source, duration, and geographic location) can be found in Appendix A of the AFTT DEIS/OEIS. NMFS used the detailed information in Appendix A of the AFTT DEIS/OEIS to analyze the potential impacts on marine mammals; however, the Navy's proposed action is summarized in the Tables based on the type of sound source.

Table 6—Naval Air Systems Command Testing Activities Within the Study Area

Stressor
Testing event
Description
Source class

Number of
events per
year

Anti-Submarine Warfare (ASW)

Non-Impulsive
Anti-Submarine Warfare Torpedo Test
This event is similar to the training event Torpedo Exercise. The test evaluates anti-submarine warfare systems onboard rotary wing and fixed wing aircraft and the ability to search for, detect, classify, localize, and track a submarine or similar target
TORP1
242

Non-Impulsive
Kilo Dip
A kilo dip is the operational term used to describe a functional check of a helicopter deployed dipping sonar system. The sonar system is briefly activated to ensure all systems are functional. A kilo dip is simply a precursor to more comprehensive testing
MF4
43

Non-Impulsive
Sonobuoy Lot Acceptance Test
Sonobuoys are deployed from surface vessels and aircraft to verify the integrity and performance of a lot, or group, of sonobuoys in advance of delivery to the Fleet for operational use
ASW2; MF5,6
39

Non-Impulsive
ASW Tracking Test—Helicopter
This event is similar to the training event anti-submarine warfare Tracking Exercise—Helicopter. The test evaluates the sensors and systems used to detect and track submarines and to ensure that helicopter systems used to deploy the tracking systems perform to specifications
MF4,5
428

Non-Impulsive
ASW Tracking Test—Maritime Patrol Aircraft
This event is similar to the training event anti-submarine warfare Tracking Exercise—Maritime Patrol Aircraft. The test evaluates the sensors and systems used by maritime patrol aircraft to detect and track submarines and to ensure that aircraft systems used to deploy the tracking systems perform to specifications and meet operational requirements
ASW2; MF5,6
75

Mine Warfare (MIW)

Non-Impulsive
Airborne Towed Minehunting Sonar System Test
Tests of the Airborne Towed Minehunting Sonar System to evaluate the search capabilities of this towed, mine hunting, detection, and classification system. The sonar on the Airborne Towed Minehunting Sonar System identifies mine-like objects in the deeper parts of the water column
HF4
155

Anti-Surface Warfare (ASUW)

Impulsive
Air to Surface Missile Test
This event is similar to the training event Missile Exercise Air to Surface. Test may involve both fixed wing and rotary wing aircraft launching missiles at surface maritime targets to evaluate the weapons system or as part of another systems integration test
E6; E10
239

Impulsive
Air to Surface Gunnery Test
This event is similar to the training event Gunnery Exercise Air to Surface. Strike fighter and helicopter aircrews evaluate new or enhanced aircraft guns against surface maritime targets to test that the gun, gun ammunition, or associated systems meet required specifications or to train aircrew in the operation of a new or enhanced weapons system
E1
165

Impulsive
Rocket Test
Rocket testing evaluates the integration, accuracy, performance, and safe separation of laser-guided and unguided 2.75-in rockets fired from a hovering or forward flying helicopter or from a fixed wing strike aircraft
E5
332

Anti-Submarine Warfare (ASW)

Impulsive
Sonobuoy Lot Acceptance Test
Sonobuoys are deployed from surface vessels and aircraft to verify the integrity and performance of a lot, or group, of sonobuoys in advance of delivery to the Fleet for operational use
E3; E4
39

Impulsive
ASW Tracking Test—Helicopter
This event is similar to the training event anti-submarine warfare Tracking Exercise—Helicopter. The test evaluates the sensors and systems used to detect and track submarines and to ensure that helicopter systems used to deploy the tracking systems perform to specifications
E3
428

Impulsive
ASW Tracking Test—Maritime Patrol Aircraft
This event is similar to the training event anti-submarine warfare Tracking Exercise—Maritime Patrol Aircraft. The test evaluates the sensors and systems used by maritime patrol aircraft to detect and track submarines and to ensure that aircraft systems used to deploy the tracking systems perform to specifications and meet operational requirements
E3; E4
75

Mine Warfare (MIW)

Impulsive
Airborne Mine Neutralization System Test
Airborne mine neutralization tests evaluate the system's ability to detect and destroy mines. The Airborne Mine Neutralization System Test uses up to four unmanned underwater vehicles equipped with HF sonar, video cameras, and explosive neutralizers
E4; E11
165

Impulsive
Airborne Projectile-based Mine Clearance System
An MH-60S helicopter uses a laser-based detection system to search for mines and to fix mine locations for neutralization with an airborne projectile-based mine clearance system. The system neutralizes mines by firing a small or medium-caliber inert, supercavitating projectile from a hovering helicopter
E11
237

Impulsive
Airborne Towed Minesweeping Test
Tests of the Airborne Towed Minesweeping System would be conducted by a MH-60S helicopter to evaluate the functionality of the system and the MH-60S at sea. The system is towed from a forward flying helicopter and works by emitting an electromagnetic field and mechanically generated underwater sound to simulate the presence of a ship. The sound and electromagnetic signature cause nearby mines to explode
E11
72

Table 7—Naval Sea Systems Command Testing Activities Within the Study Area

Stressor
Testing event
Description
Source class
Number of events per year

New Ship Construction

Non-Impulsive
Surface Combatant Sea Trials—Pierside Sonar Testing
Tests ship's sonar systems pierside to ensure proper operation
MF1,9,10; MF1K
12.

Non-Impulsive
Surface Combatant Sea Trials—Anti-Submarine Warfare Testing
Ships demonstrate capability of countermeasure systems and underwater surveillance and communications systems
ASW3; MF 1,9,10; MF1K
10.

Non-Impulsive
Submarine Sea Trials—Pierside Sonar Testing
Tests ship's sonar systems pierside to ensure proper operation
M3; HF1; MF3,10
6

Non-Impulsive
Submarine Sea Trials—Anti-Submarine Warfare Testing
Submarines demonstrate capability of underwater surveillance and communications systems
M3; HF1; MF3,10
12.

Non-Impulsive
Anti-submarine Warfare Mission Package Testing
Ships and their supporting platforms (e.g., helicopters, unmanned aerial vehicles) detect, localize, and prosecute submarines
ASW1,3; MF4,5,12; TORP1
24.

Non-Impulsive
Mine Countermeasure Mission Package Testing
Ships conduct mine countermeasure operations
HF4
8.

Life Cycle Activities

Non-Impulsive
Surface Ship Sonar Testing/Maintenance
Pierside and at-sea testing of ship systems occurs periodically following major maintenance periods and for routine maintenance
ASW3; MF1, 9,10; MF1K
16.

Non-Impulsive
Submarine Sonar Testing/Maintenance
Pierside and at-sea testing of submarine systems occurs periodically following major maintenance periods and for routine maintenance
HF1,3; M3; MF3
28.

Non-Impulsive
Combat System Ship Qualification Trial (CSSQT)—In-port Maintenance Period
All combat systems are tested to ensure they are functioning in a technically acceptable manner and are operationally ready to support at-sea CSSQT events
MF1
12.

Non-Impulsive
Combat System Ship Qualification Trial (CSSQT)—Undersea Warfare (USW)
Tests ships ability to track and defend against undersea targets
HF4; MF1,2,4,5; TORP1
9.

NAVSEA Range Activities

Naval Surface Warfare Center, Panama City Division (NSWC PCD)

Non-Impulsive
Unmanned Underwater Vehicles Demonstration
Testing and demonstrations of multiple Unmanned Underwater Vehicles and associated acoustic, optical, and magnetic systems
HF5,6,7; LF5; FLS2; MF9; SAS2
1 per 5 year period.

Non-Impulsive
Mine Detection and Classification Testing
Air, surface, and subsurface vessels detect and classify mines and mine-like objects
HF1,4; MF1K; SAS2
81.

Non-Impulsive
Stationary Source Testing
Stationary equipment (including swimmer defense systems) is deployed to determine functionality
LF4; MF8; SD1,2
11.

Non-Impulsive
Special Warfare Testing
Testing of submersibles capable of inserting and extracting personnel and/or payloads into denied areas from strategic distances
MF9
110.

Non-Impulsive
Unmanned Underwater Vehicle Testing
Unmanned Underwater Vehicles are deployed to evaluate hydrodynamic parameters, to full mission, multiple vehicle functionality assessments
FLS2; HF 5,6,7; LF5; MF9; SAS2
88.

Naval Undersea Warfare Center Division, Newport (NUWCDIVNPT)

Non-Impulsive
Torpedo Testing
Non-explosive torpedoes are launched to record operational data. All torpedoes are recovered
TORP1; TORP2
30.

Non-Impulsive
Towed Equipment Testing
Surface vessel or Unmanned Underwater Vehicle deploys equipment to determine functionality of towed systems
LF4; MF9; SAS1
33.

Non-Impulsive
Unmanned Underwater Vehicle Testing
Unmanned Underwater Vehicles are deployed to evaluate hydrodynamic parameters, to full mission, multiple vehicle functionality assessments
HF6,7; LF5; MF10; SAS2
123.

Non-Impulsive
Semi-Stationary Equipment Testing
Semi-stationary equipment (e.g., hydrophones) is deployed to determine functionality
ASW3,4; HF 5,6; LF 4,5; MF9,10
154.

Non-Impulsive
Unmanned Underwater Vehicle Demonstrations
Testing and demonstrations of multiple Unmanned Underwater Vehicles and associated acoustic, optical, and magnetic systems
FLS2; HF5,6,7; LF5; MF9; SAS2
1 per 5 year period.

Non-Impulsive
Pierside Integrated Swimmer Defense Testing
Swimmer defense testing ensures that systems can effectively detect, characterize, verify, and defend against swimmer/diver threats in harbor environments
LF4; MF8; SD1
6.

South Florida Ocean Measurement Facility (SFOMF)

Non-Impulsive
Signature Analysis Activities
Testing of electromagnetic, acoustic, optical, and radar signature measurements of surface ship and submarine
ASW2; HF1,6; LF4; M3; MF9
18.

Non-Impulsive
Mine Testing
Air, surface, and sub-surface systems detect, counter, and neutralize ocean-deployed mines
HF4
33.

Non-Impulsive
Surface Testing
Various surface vessels, moored equipment and materials are testing to evaluate performance in the marine environment
FLS2; HF5,6,7; LF5; MF9; SAS2
33.

Non-Impulsive
Unmanned Underwater Vehicles Demonstrations
Testing and demonstrations of multiple Unmanned Underwater Vehicles and associated acoustic, optical, and magnetic systems
FLS2; HF5,6,7; LF5; MF9; SAS2
1 per 5 year period.

Additional Activities at Locations Outside of NAVSEA Ranges

Anti-Surface Warfare (ASUW)/Anti-Submarine Warfare (ASW) Testing

Non-Impulsive
Torpedo (Non-explosive) Testing
Air, surface, or submarine crews employ inert torpedoes against submarines or surface vessels. All torpedoes are recovered
ASW3,4; HF1; M3; MF1,3,4,5; TORP1,2
26.

Non-Impulsive
Torpedo (Explosive) Testing
Air, surface, or submarine crews employ explosive torpedoes against artificial targets or deactivated ships
TORP1; TORP2
2.

Non-Impulsive
Countermeasure Testing
Towed sonar arrays and anti-torpedo torpedo systems are employed to detect and neutralize incoming weapons
ASW3; HF5; TORP 1,2
3.

Non-Impulsive
Pierside Sonar Testing
Pierside testing to ensure systems are fully functional in a controlled pierside environment prior to at-sea test activities
ASW3; HF1,3; M3; MF1,3
23.

Non-Impulsive
At-sea Sonar Testing
At-sea testing to ensure systems are fully functional in an open ocean environment
ASW4; HF1; M3; MF3
15.

Mine Warfare (MIW) Testing

Non-Impulsive
Mine Detection and Classification Testing
Air, surface, and subsurface vessels detect and classify mines and mine-like objects
HF4
66.

Non-Impulsive
Mine Countermeasure/Neutralization Testing
Air, surface, and subsurface vessels neutralize threat mines that would otherwise restrict passage through an area
HF4; M3
14.

Shipboard Protection Systems and Swimmer Defense Testing

Non-Impulsive
Pierside Integrated Swimmer Defense Testing
Swimmer defense testing ensures that systems can effectively detect, characterize, verify, and defend against swimmer/diver threats in harbor environments
LF4; MF8; SD1
3.

Unmanned Vehicle Testing

Non-Impulsive
Unmanned Vehicle Development and Payload Testing
Vehicle development involves the production and upgrade of new unmanned platforms on which to attach various payloads used for different purposes
MF9; SAS2
111.

Other Testing Activities

Non-Impulsive
Special Warfare Testing
Special warfare includes testing of submersibles capable of inserting and extracting personnel and/or payloads into denied areas from strategic distances
HF1; M3; MF9
4.

Ship Construction and Maintenance

New Ship Construction

Impulsive
Aircraft Carrier Sea Trials—Gun Testing—Medium-Caliber
Medium-caliber gun systems are tested using non-explosive and explosive rounds
E1
410.

Impulsive
Surface Warfare Mission Package—Gun Testing- Medium Caliber
Ships defense against surface targets with medium-caliber guns
E1
5.

Impulsive
Surface Warfare Mission Package—Gun Testing- Large Caliber
Ships defense against surface targets with large-caliber guns
E3
5.

Impulsive
Surface Warfare Mission Package—Missile/Rocket Testing
Ships defense against surface targets with medium range missiles or rockets
E6
15.

Impulsive
Mine Countermeasure Mission Package Testing
Ships conduct mine countermeasure operations.
E4
8.

Ship Shock Trials

Impulsive
Aircraft Carrier Full Ship Shock Trial
Explosives are detonated underwater against surface ships
E17
1 per 5 year period.

Impulsive
DDG 1000 Zumwalt Class Destroyer Full Ship Shock Trial
Explosives are detonated underwater against surface ships
E16
1 per 5 year period.

Impulsive
Littoral Combat Ship Full Ship Shock Trial
Explosives are detonated underwater against surface ships
E16
2 per 5 year period.

NAVSEA Range Activities

Naval Surface Warfare Center, Panama City Division (NSWC PCD)

Impulsive
Mine Countermeasure/Neutralization Testing
Air, surface, and subsurface vessels neutralize threat mines and mine-like objects
E4
15.

Impulsive
Ordnance Testing
Airborne and surface crews defend against surface targets with small-, medium-, and large-caliber guns, as well as line charge testing
E5; E14
37.

Additional Activities at Locations Outside of NAVSEA Ranges

Anti-Surface Warfare (ASUW)/Anti-Submarine Warfare (ASW) Testing

Impulsive
Torpedo (Explosive) Testing
Air, surface, or submarine crews employ explosive torpedoes against artificial targets or deactivated ships
E8; E11
2.

Mine Warfare (MIW) Testing

Impulsive
Mine Countermeasure/Neutralization Testing
Air, surface, and subsurface vessels neutralize threat mines that would otherwise restrict passage through an area
E4; E8
14.

Other Testing Activities

Impulsive
At-Sea Explosives Testing
Explosives are detonated at sea
E5
4.

Vessels

Vessels used as part of the proposed action include ships, submarines, Unmanned Undersea Vehicles (UUVs), and boats ranging in size from small, 16 ft (5 m) Rigid Hull Inflatable Boats to 1,092-ft (333 m) long aircraft carriers. Representative Navy vessel types, lengths, and speeds used in both training and testing activities are shown in Table 5 of this proposed rule. While these speeds are representative, some vessels operate outside of these speeds due to unique training, testing, or safety requirements for a given event. Examples include increased speeds needed for flight operations, full speed runs to test engineering equipment, time critical positioning needs, etc. Examples of decreased speeds include speeds less than 5 knots or completely stopped for launching small boats, certain tactical maneuvers, target launch or retrievals, UUVs, etc.

The number of Navy vessels in the Study Area varies based on training and testing schedules. These activities could be widely dispersed throughout the Study Area, but would be more concentrated near naval ports, piers, and range areas. Activities involving vessel movements occur intermittently and are variable in duration, ranging from a few hours up to 2 weeks. Navy vessel traffic would especially be concentrated near Naval Station Norfolk in Norfolk, VA and Naval Station Mayport in Jacksonville, FL. Surface and sub-surface vessel operations in the Study Area may result in marine mammal strikes.

Table 8—Typical Navy Boat and Vessel Types With Length Greater Than 18 Meters Used Within the AFTT Study Area

Vessel Type
(>18 m)

Example(s) (specifications in meters (m) for length, metric tons (mt) for mass, and knots for speed)

Typical operating speed
(knots)

Aircraft Carrier
Aircraft Carrier (CVN)
10 to 15.

length: 333 m beam: 41 m draft: 12 m displacement: 81,284 mt max. speed: 30+ knots.

Surface Combatants
Cruiser (CG)
10 to 15.

length: 173 m beam: 17 m draft: 10 m displacement: 9,754 mt max. speed: 30+ knots.

Destroyer (DDG).

length: 155 m beam: 18 m draft: 9 m displacement: 9,648 mt max. speed: 30+ knots.

Frigate (FFG).

length: 136 m beam: 14 m draft: 7 m displacement: 4,166 mt max. speed: 30+ knots.

Littoral Combat Ship (LCS).

length: 115 m beam: 18 m draft: 4 m displacement: 3,000 mt max. speed: 40+ knots.

Amphibious Warfare Ships
Amphibious Assault Ship (LHA, LHD)
10 to 15.

length: 253 m beam: 32 m draft: 8 m displacement: 42,442 mt max. speed: 20+knots.

Amphibious Transport Dock (LPD).

length: 208 m beam: 32 m draft: 7 m displacement: 25,997 mt max. speed: 20+knots.

Dock Landing Ship (LSD).

length: 186 m beam: 26 m draft: 6 m displacement: 16,976 mt max. speed: 20+knots.

Mine Warship Ship
Mine Countermeasures Ship (MCM)
5 to 8.

length: 68 m beam: 12 m draft: 4 m displacement: 1,333 max. speed: 14 knots.

Submarines
Attack Submarine (SSN)
8 to 13.

length: 115 m beam: 12 m draft: 9 m displacement: 12,353 mt max. speed: 20+knots.

Guided Missile Submarine (SSGN).

length: 171 m beam: 13 m draft: 12 m displacement: 19,000 mt max. speed: 20+knots.

Combat Logistics Force Ships
Fast Combat Support Ship (T-AOE)
8 to 12.

length: 230 m beam: 33 m draft: 12 m displacement: 49,583 max. speed: 25 knots.

Dry Cargo/Ammunition Ship (T-AKE).

length: 210 m beam: 32 m draft: 9 m displacement: 41,658 mt max speed: 20 knots.

Fleet Replenishment Oilers (T-AO).

length: 206 m beam: 30 m draft: 11 m displacement: 42,674 mt max. speed: 20 knots.

Fleet Ocean Tugs (T-ATF).

length: 69 m beam: 13 m draft: 5 m displacement: 2,297 max. speed: 14 knots.

Support Craft/Other
Landing Craft, Utility (LCU)
3 to 5.

length: 41m beam: 9 m draft: 2 m displacement: 381 mt max. speed: 11 knots.

Landing Craft, Mechanized (LCM).

length: 23 m beam: 6 m draft: 1 m displacement: 107 mt max. speed: 11 knots.

Support Craft/Other Specialized High Speed

MK V Special Operations Craft
length: 25 m beam: 5 m displacement: 52 mt max. speed: 50 knots

Variable.

Duration and Location

Training and testing activities would be conducted in the AFTT Study Area throughout the year from January 2014 to January 2019. The AFTT Study Area is in the western Atlantic Ocean and encompasses the east coast of North America and the Gulf of Mexico. The Study Area has expanded slightly beyond the areas included in previous Navy authorizations. However, this expansion is not an increase in the Navy's training and testing area, but merely an increase in the area to be analyzed under an incidental take authorization in support of the AFTT EIS/OEIS. The Study Area includes several existing study areas, range complexes, and testing ranges: The Atlantic Fleet Active Sonar Training (AFAST) Study Area; Northeast Range Complexes; Naval Undersea Warfare Center Division, Newport (NUWCDIVNPT) Testing Range; Virginia Capes (VACAPES) Range Complex; Cherry Point (CHPT) Range Complex; Jacksonville (JAX) Range Complex; Naval Surface Warfare Center (NSWC) Carderock Division, South Florida Ocean Measurement Facility (SFOMF) Testing Range; Key West Range Complex; Gulf of Mexico (GOMEX); and Naval Surface Warfare Center, Panama City Division (NSWC PCD) Testing Range. In addition, the Study Area includes Narragansett Bay, the lower Chesapeake Bay and St. Andrew Bay for training and testing activities. Ports included for Civilian Port Defense training events include Earle, New Jersey; Groton, Connecticut; Norfolk, Virginia; Morehead City, North Carolina; Wilmington, North Carolina; Kings Bay, Georgia; Mayport, Florida; Beaumont, Texas; and Corpus Christi, Texas.

The Study Area includes pierside locations where Navy surface ship and submarine sonar maintenance and testing occur. Pierside locations include channels and transit routes in ports and facilities associated with ports and shipyards. These locations in the AFTT Study Area are located at the following Navy ports and naval shipyards:

• Portsmouth Naval Shipyard, Kittery, Maine;

• Naval Submarine Base New London, Groton, Connecticut;

• Naval Station Norfolk, Norfolk, Virginia;

• Joint Expeditionary Base Little Creek—Fort Story, Virginia Beach, Virginia;

• Norfolk Naval Shipyard, Portsmouth, Virginia;

• Naval Submarine Base Kings Bay, Kings Bay, Georgia;

• Naval Station Mayport, Jacksonville, Florida; and

• Port Canaveral, Cape Canaveral, Florida.

Navy-contractor shipyards in the following cities are also in the Study Area:

• Bath, Maine;

• Groton, Connecticut;

• Newport News, Virginia; and

• Pascagoula, Mississippi.

More detailed information is provided in the Navy's LOA application (
http://www.nmfs.noaa.gov/pr/permits/incidental.htm
).

Description of Marine Mammals in the Area of the Specified Activities

There are 48 marine mammal species with possible or known occurrence in the AFTT Study Area, 45 of which are managed by NMFS. As indicated in Table 9, there are 39 cetacean species (8 mysticetes and 31 odontocetes) and six pinnipeds. Seven marine mammal species are listed under the Endangered Species Act: Bowhead whale, North Atlantic right whale, humpback whale, sei whale, fin whale, blue whale, and sperm whale.

Table 9—Marine Mammal Occurrence Within the AFTT Study Area

Common name

Scientific name
1

ESA/MMPA

status
2

Stock
3

Stock

abundance
3

best (CV)/min

Occurrence in study area
4

Open ocean

Large marine
ecosystems

Bays, rivers, and
estuaries

Order Cetacea

Suborder Mysticeti (baleen whales)

Family Balaenidae (right whales)

North Atlantic right whale
Eubalaena glacialis
Endangered, Strategic, Depleted
Western North Atlantic
361 (0)/361
Gulf Stream, Labrador Current
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Bowhead whale
Balaena mysticetus
Endangered, Strategic, Depleted
West Greenland

1,230
5
/490-2,940

Labrador Current
Newfoundland-Labrador Shelf, West Greenland Shelf.

Family Balaenopteridae (rorquals)

Humpback whale
Megaptera novaeangliae
Endangered, Strategic, Depleted
Gulf of Maine
847 (0.55)/549
Gulf Stream, North Atlantic Gyre, Labrador Current
Gulf of Mexico, Caribbean Sea, Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Minke whale
Balaenoptera acutorostrata

Canadian east coast
8,987 (0.32)/6,909
Gulf Stream, North Atlantic Gyre, Labrador Current
Caribbean Sea, Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Bryde's whale
Balaenoptera brydei/edeni

Gulf of Mexico Oceanic
15 (1.98)/5
Gulf Stream, North Atlantic Gyre
Gulf of Mexico, Caribbean Sea, Southeast U.S. Continental Shelf.

Sei whale
Balaenoptera borealis
Endangered, Strategic, Depleted
Nova Scotia
386 (0.85)/208
Gulf Stream, North Atlantic Gyre, Labrador Current
Gulf of Mexico, Caribbean Sea, Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Fin whale
Balaenoptera physalus
Endangered, Strategic, Depleted
Western North Atlantic
3,985 (0.24)/3,269
Gulf Stream, North Atlantic Gyre, Labrador Current
Caribbean Sea, Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Blue whale
Balaenoptera musculus
Endangered, Strategic, Depleted
Western North Atlantic

NA/440
6

Gulf Stream, North Atlantic Gyre, Labrador Current
Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Suborder Odontoceti (toothed whales)

Family Physeteridae (sperm whale)

Sperm whale
Physeter macrocephalus
Endangered, Strategic, Depleted
North Atlantic
4,804 (0.38)/3,539
Gulf Stream, North Atlantic Gyre, Labrador Current
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Endangered, Strategic, Depleted
Gulf of Mexico Oceanic
1,665 (0.2)/1,409

Gulf of Mexico.

Endangered, Strategic, Depleted
Puerto Rico and U.S. Virgin Islands
unknown
North Atlantic Gyre
Caribbean Sea.

Family Kogiidae (sperm whales)

Pygmy sperm whale
Kogia breviceps
Strategic
Western North Atlantic

395 (0.4)/285
7

Gulf Stream, North Atlantic Gyre
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Gulf of Mexico Oceanic

453(0.35)/340
7

Gulf of Mexico, Caribbean Sea.

Dwarf sperm whale
Kogia sima

Western North Atlantic

395 (0.4)/285
7

Gulf Stream, North Atlantic Gyre
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf.

Gulf of Mexico Oceanic

453(0.35)/340
7

Gulf of Mexico, Caribbean Sea

Family Monodontidae (beluga whale and narwhal)

Beluga whale
Delphinapterus leucas

NA8

NA
8

Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Narwhal
Monodon monoceros

NA9

NA
9

Newfoundland-Labrador Shelf, West Greenland Shelf.

Family Ziphiidae (beaked whales)

Cuvier's beaked whale
Ziphius cavirostris

Western North Atlantic

3,513 (0.63)/2,154
10

Gulf Stream, North Atlantic Gyre, Labrador Current
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Gulf of Mexico Oceanic
65 (0.67)/39

Gulf of Mexico, Caribbean Sea.

True's beaked whale
Mesoplodon mirus

Western North Atlantic

3,513 (0.63)/2,154
10

Gulf Stream, North Atlantic Gyre, Labrador Current
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Gervais' beaked whale
Mesoplodon europaeus

Western North Atlantic

3,513 (0.63)/2,154
10

Gulf Stream, North Atlantic Gyre
Southeast U.S. Continental Shelf, Northeast United States Continental Shelf.

Gulf of Mexico Oceanic

57 (1.4)/24
11

Gulf Stream, North Atlantic Gyre
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf.

Sowerby's beaked whale
Mesoplodon bidens

Western North Atlantic

3,513 (0.63)/2,154
10

Gulf Stream, North Atlantic Gyre
Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Blainville's beaked whale
Mesoplodon densirostris

Western North Atlantic

3,513 (0.63)/2,154
10

Gulf Stream, North Atlantic Gyre, Labrador Current
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Gulf of Mexico Oceanic

57 (1.4)/24
11

Gulf of Mexico, Caribbean Sea.

Northern bottlenose whale
Hyperoodon ampullatus

Western North Atlantic
Unknown
Gulf Stream, North Atlantic Gyre, Labrador Current
Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Family Delphinidae (dolphins)

Rough-toothed dolphin
Steno bredanensis

Western North Atlantic
Unknown
Gulf Stream, North Atlantic Gyre
Caribbean Sea, Southeast U.S. Continental Shelf.

Gulf of Mexico (Outer continental shelf and Oceanic)
Unknown

Gulf of Mexico, Caribbean Sea.

Bottlenose dolphin
Tursiops truncatus
Strategic, Depleted

Western North Atlantic, offshore
12

81,588 (0.17)/70,775
Gulf Stream, North Atlantic Gyre
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf.

Strategic, Depleted
Western North Atlantic, coastal, northern migratory
9,604 (0.36)/7,147

Southeast U.S. Continental Shelf
Island Sound, Sandy Hook Bay, Lower Chesapeake Bay, James River, Elizabeth River.

Strategic, Depleted
Western North Atlantic, coastal, southern migratory
12,482 (0.32)/9,591

Southeast U.S. Continental Shelf
Lower Chesapeake Bay, James River, Elizabeth River, Beaufort Inlet, Cape Fear River, Kings Bay, St. Johns River.

Strategic, Depleted
Western North Atlantic, coastal, South Carolina/Georgia
7,738 (0.23)/6,399

Southeast U.S. Continental Shelf
Kings Bay, St. Johns River.

Strategic, Depleted
Western North Atlantic, coastal, Northern Florida
3,064 (0.24)/2,511

Southeast U.S. Continental Shelf
Kings Bay, St. Johns River.

Strategic
Western North Atlantic, coastal, Central Florida
6,318 (0.26)/5,094

Southeast U.S. Continental Shelf
Port Canaveral.

Strategic
Northern North Carolina Estuarine System
Unknown

Southeast U.S. Continental Shelf
Beaufort Inlet, Cape Fear River.

Strategic
Southern North Carolina Estuarine System
2,454 (0.53)/1,614

Southeast U.S. Continental Shelf
Beaufort Inlet, Cape Fear River.

Strategic
Charleston Estuarine System
Unknown

Southeast U.S. Continental Shelf.

Strategic
Northern Georgia/Southern South Carolina Estuarine System
Unknown

Southeast U.S. Continental Shelf.

Strategic
Southern Georgia Estuarine System
Unknown

Southeast U.S. Continental Shelf
Kings Bay, St. Johns River.

Strategic
Jacksonville Estuarine System
Unknown

Southeast U.S. Continental Shelf
Kings Bay, St. Johns River.

Strategic
Indian River Lagoon Estuarine System
Unknown

Southeast U.S. Continental Shelf
Port Canaveral.

Strategic
Biscayne Bay
Unknown

Southeast U.S. Continental Shelf.

Florida Bay
514 (0.17)/447

Gulf of Mexico.

Gulf of Mexico Continental Shelf
Unknown

Gulf of Mexico.

Gulf of Mexico, eastern coastal
7,702 (0.19)/6,551

Gulf of Mexico.

Gulf of Mexico, northern coastal
2,473 (0.25)/2,004

Gulf of Mexico
St. Andrew Bay, Pascagoula River.

Strategic
Gulf of Mexico, western coastal
Unknown

Gulf of Mexico
Corpus Christi Bay, Galveston Bay.

Gulf of Mexico Oceanic
3,708 (0.42)/2,641

Gulf of Mexico.

Strategic
Gulf of Mexico bay, sound, and estuarine
Unknown

Gulf of Mexico
St. Andrew Bay, Pascagoula River, Sabine Lake, Corpus Christi Bay, and Galveston Bay.

Pantropical spotted dolphin
Stenella attenuata

Western North Atlantic
4,439 (0.49)/3,010
Gulf Stream, North Atlantic Gyre
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf.

Gulf of Mexico Oceanic
34,067 (0.18)/29,311

Gulf of Mexico, Caribbean Sea.

Atlantic spotted dolphin
Stenella frontalis

Western North Atlantic
50,978 (0.42)/36,235
Gulf Stream
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Gulf of Mexico (Continental shelf and Oceanic)
Unknown

Gulf of Mexico, Caribbean Sea.

Spinner dolphin
Stenella longirostris

Western North Atlantic
Unknown
Gulf Stream, North Atlantic Gyre
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf.

Gulf of Mexico Oceanic
1,989 (0.48)/1,356

Gulf of Mexico, Caribbean Sea.

Clymene dolphin
Stenella clymene

Western North Atlantic
Unknown
Gulf Stream
Southeast U.S. Continental Shelf.

Gulf of Mexico Oceanic
6,575 (0.36)/4,901

Gulf of Mexico, Caribbean Sea.

Striped dolphin
Stenella coeruleoalba

Western North Atlantic
94,462 (0.4)/68,558
Gulf Stream.

Gulf of Mexico Oceanic
3,325 (0.48)/2,266

Gulf of Mexico, Caribbean Sea.

Fraser's dolphin
Lagenodelphis hosei

Western North Atlantic
Unknown
North Atlantic Gyre
Southeast U.S. Continental Shelf.

Gulf of Mexico Oceanic
Unknown

Gulf of Mexico, Caribbean Sea.

Risso's dolphin
Grampus griseus

Western North Atlantic
20,479 (0.59)/12,920
Gulf Stream
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Gulf of Mexico Oceanic
1,589 (0.27)/1,271

Gulf of Mexico, Caribbean Sea.

Atlantic white-sided dolphin
Lagenorhynchus acutus

Western North Atlantic
63,368 (0.27)/50,883
Labrador Current
Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

White-beaked dolphin
Lagenorhynchus albirostris

Western North Atlantic
2,003 (0.94)/1,023
Labrador Current
Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Long-beaked common dolphin
Delphinus capensis

NA
13

Unknown
13

Caribbean Sea 13.

Short-beaked common dolphin
Delphinus delphis

Western North Atlantic
120,743 (0.23)/99,975
Gulf Stream
Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Melon-headed whale
Peponocephala electra

Western North Atlantic
Unknown
Gulf Stream, North Atlantic Gyre
Southeast U.S. Continental Shelf.

Gulf of Mexico Oceanic
2,283 (0.76)/1,293

Gulf of Mexico, Caribbean Sea.

Pygmy killer whale
Feresa attenuata

Western North Atlantic
Unknown
Gulf Stream, North Atlantic Gyre
Southeast U.S. Continental Shelf.

Gulf of Mexico Oceanic
323 (0.6)/203

Gulf of Mexico, Caribbean Sea, Southeast U.S. Continental Shelf.

False killer whale
Pseudorca crassidens

Gulf of Mexico Oceanic
777 (0.56)/501
Gulf Stream, North Atlantic Gyre
Gulf of Mexico, Caribbean Sea, Southeast U.S. Continental Shelf.

Killer whale
Orcinus orca

Western North Atlantic
Unknown
Gulf Stream, North Atlantic Gyre, Labrador Current
Southeast U.S. Continental Shelf, Northeast U.S. Continental shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Gulf of Mexico Oceanic
49 (0.77)/28

Gulf of Mexico, Caribbean Sea.

Long-finned pilot whale
Globicephala melas

Western North Atlantic
12,619 (0.37)/9,333
Gulf Stream
Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Short-finned pilot whale
Globicephala macrorhynchus

Western North Atlantic
24,674 (0.45)/17,190
Gulf Stream
Northeast U.S. Continental Shelf, Southeast U.S. Continental Shelf.

Gulf of Mexico Oceanic
716 (0.34)/542

Gulf of Mexico, Caribbean Sea.

Family Phocoenidae (porpoises)

Harbor porpoise
Phocoena phocoena

Gulf of Maine/Bay of Fundy
89,054 (0.47)/60,970

Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf
Narragansett Bay, Rhode Island Sound, Block Island Sound, Buzzards Bay, Vineyard Sound, Long Island Sound, Piscataqua River, Thames River, Kennebec River.

Order Carnivora

Suborder Pinnipedia

Family Phocidae (true seals)

Ringed seal
Pusa hispida

Proposed
15

NA
14

Unknown

Newfoundland-Labrador Shelf, West Greenland Shelf.

Bearded seal
Erignathus barbatus

NA
14

Unknown

Scotian Shelf, Newfoundland-Labrador Shelf, West Greenland Shelf.

Hooded seal
Cystophora cristata

Western North Atlantic
592,100/512,000

Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf, West Greenland Shelf
Narragansett Bay, Rhode Island Sound, Block Island Sound, Buzzards Bay, Vineyard Sound, Long Island Sound, Piscataqua River, Thames River, Kennebec River.

Harp seal
Pagophilus groenlandicus

Western North Atlantic
Unknown

Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf.

Gray seal
Halichoerus grypus

Western North Atlantic
Unknown

Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf
Narragansett Bay, Rhode Island Sound, Block Island Sound, Buzzards Bay, Vineyard Sound, Long Island Sound, Piscataqua River, Thames River, Kennebeck River.

Harbor seal
Phoca vitulina

Western North Atlantic

Unknown
16

Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Scotian Shelf, Newfoundland-Labrador Shelf

Narragansett Bay, Rhode Island Sound, Block Island Sound, Buzzards Bay, Vineyard Sound, Long Island Sound, Piscataqua River, Thames River, Kennebeck River.

1
Taxonomy follows Perrin 2009.

2
ESA listing status. All marine mammals are protected under MMPA. Populations or stocks for which the level of direct human-caused mortality exceeds the potential biological removal level, which, based on the best available scientific information, is declining and is likely to be listed as a threatened species under the ESA within the foreseeable future, or is listed as a threatened or endangered species under the ESA, or is designated as depleted under the MMPA are considered “strategic” under MMPA.

3
Best CV/Min is a statistic measurement used as an indicator of the accuracy of the estimate. Stock designations for the U.S. Exclusive Economic Zone and abundance estimates from 2010 Stock Assessment Report (Waring
et al.
2010).

4
Occurrence in the Study Area includes open ocean areas—Labrador Current, North Atlantic Gyre, and Gulf Stream, and coastal/shelf waters of seven Large Marine Ecosystems—Gulf of Mexico, Southeast U.S. Continental Shelf, Northeast U.S. Continental Shelf, Caribbean Sea, Scotian Shelf, Newfoundland-Labrador Shelf, West Greenland Shelf, and inland waters of—Kennebec River, Piscataqua River, Thames River, Narragansett Bay, Rhode Island Sound, Block Island Sound, Buzzards Bay, Vineyard Sound, Long Island Sound, Sandy Hook Bay, Lower Chesapeake Bay, James River, Elizabeth River, Beaufort Inlet, Cape Fear River, Kings Bay, St. Johns River, Port Canaveral, St. Andrew Bay, Pascagoula River, Sabine Lake, Corpus Christi Bay, and Galveston Bay.

5
This species occurs in the Atlantic outside of the U.S. Exclusive Economic Zone; and therefore has no associated Stock Assessment Report. See the appropriate subsections below for details of populations that may be found within the Study Area. Abundance and 95 percent confidence interval are provided by the International Whaling Commission.

6
Photo identification catalogue count of 440 recognizable blue whale individuals from the Gulf of St. Lawrence is considered to be a minimum population estimate for the western North Atlantic stock.

7
Estimate may include both the pygmy and dwarf sperm whales.

8
This species occurs in the Atlantic outside of the U.S. Exclusive Economic Zone; and therefore has no associated Stock Assessment Report. See the appropriate subsections below for details of populations that may be found within the Study Area.

9
Narwhals in the Atlantic are not managed by NMFS and have no associated Stock Assessment Report.

10
Estimate includes Cuvier's beaked whales and undifferentiated Mesoplodon species.

11
Estimate includes Gervais' and Blainville's beaked whales.

12
Estimate may include sightings of the coastal form.

13
Long-beaked common dolphins are only known in the western Atlantic from a discrete population off the east coast of South America.

14
This species occurs in the Atlantic outside of the U.S. Exclusive Economic Zone; and therefore has no associated Stock Assessment Report. See the appropriate subsections below for details of populations that may be found within the Study Area.

15
Arctic sub-species of ringed seal has been proposed as threatened under the ESA (75
Federal Register
[FR] 77476).

16
2010 Stock Assessment Report states that present data are insufficient to calculate a minimum population estimate for this stock, however, the 2009 Stock Assessment Report indicated the “best” population estimate was 99,340 (CV = .097) and minimum population estimate was 91,546.

NMFS has reviewed the information complied by the Navy on the abundance, behavior, status and distribution, and vocalizations of marine mammal species in the waters of the AFTT Study Area, which was derived from peer reviewed literature, the Navy Marine Resource Assessments, NMFS Stock Assessment Reports, and marine mammal surveys using acoustic or visual observations from aircraft or ships. NMFS considers this information to be the best available science with which we can conduct the analyses necessary to propose these regulations and future LOAs. This information may be viewed in the Navy's LOA application and the Navy's EIS for AFTT (
see
Availability). Additional information is available in the NMFS Stock Assessment Reports, which may be viewed at:
http://www.nmfs.noaa.gov/pr/sars/species.htm
.

Bowhead whales, beluga whales, and narwhal are considered rare in the AFTT Study Area. Bowhead whales inhabit only the arctic and subarctic regions, often close to the ice edge. The St. Lawrence estuary is at the southern limit of the beluga whales' distribution (Lesage and Kingsley, 1998). Beluga distribution does not include the Gulf of Mexico or the southeastern Atlantic coast and they are considered extralimital in the Northeast. Narwhals inhabit Arctic waters, but populations from the Hudson Strait and Davis Strait—at the northwest extreme of the Study Area—may extend into the AFTT Study Area, but the possibility of narwhal actually occurring is considered remote. Based on the rare occurrence of these species in the AFTT Study Area, the Navy and NMFS do not anticipate any take of bowhead whales, beluga whales, or narwhals; therefore, these species are not addressed further in this proposed rule.

Important Areas

NMFS identifies biologically important areas when considering an application to authorize the incidental take of marine mammals. The negligible impact finding necessary for the issuance of an MMPA authorization requires NMFS to consider areas where marine mammals are known to selectively breed or calve/pup. In addition, NMFS must prescribe regulations setting forth the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammals species or stocks by paying particular attention to rookeries, mating grounds, and other areas of similar significance. This section identifies and discusses known important reproductive and feeding areas within the AFTT Study Area.

Little is known about the breeding and calving behaviors of many of the marine mammals that occur within the AFTT Study Area. For rorquals (humpback whale, minke whale, Bryde's whale, sei whale, fin whale, and blue whale) and sperm whales, mating is generally thought to occur in tropical and sub-tropical waters between mid-winter and mid-summer in deep offshore waters. Delphinids (Melon-headed whale, killer whale, pygmy killer whale, false killer whale, pilot whale, common dolphin, Atlantic spotted dolphin, clymene dolphin, pantropical spotted dolphin, spinner dolphin, striped dolphin, rough-toothed dolphin, bottlenose dolphin, Risso's dolphin, Fraser's dolphin, Atlantic white-sided dolphin, white-beaked dolphin) may mate throughout their distribution during any time of year. For pinnipeds, mating and pupping typically occur in coastal waters near northeast rookeries. With one notable exception, no specific areas for breeding or calving/pupping have been identified in the AFTT Study Area for the species that occur there. However, under the Endangered Species Act (ESA), critical habitat has been designated for the North Atlantic right whale. Additional biologically important areas have been identified for humpback whales and sperm whales. Biologically important areas for all three species are discussed below.

North Atlantic Right Whale

Most North Atlantic right whale sightings follow a well-defined seasonal migratory pattern through several consistently utilized habitats (Winn
et al.,
1986). It should be noted, however, that some individuals may be sighted in these habitats outside of the typical time of year and that migration routes are not well known (there may be a regular offshore component). The population migrates as two separate components, although some whales may remain in the feeding grounds throughout the winter (Winn
et al.,
1986, Kenney
et al.,
2001). Pregnant females and some juveniles migrate from the feeding grounds to the calving grounds off the southeastern United States in late fall to winter. The cow-calf pairs return northward in late winter to early spring. The majority of the right whale population leaves the feeding grounds for unknown habitats in the winter but returns to the feeding grounds coinciding with the return of the cow-calf pairs. Some individuals as well as cow-calf pairs can be seen through the fall and winter on the feeding grounds

with feeding being observed (e.g., Sardi
et al.,
2005).

During the spring through early summer, North Atlantic right whales are found on feeding grounds off the northeastern United States and Canada. Individuals may be found in Cape Cod Bay in February through April (Winn
et al.,
1986; Hamilton and Mayo, 1990) and in the Great South Channel east of Cape Cod in April through June (Winn
et al.,
1986; Kenney
et al.,
1995). Right whales are found throughout the remainder of summer and into fall (June through November) on two feeding grounds in Canadian waters (Gaskin, 1987 and 1991), with peak abundance in August, September, and early October. The majority of summer/fall sightings of mother/calf pairs occur east of Grand Manan Island (Bay of Fundy), although some pairs might move to other unknown locations (Schaeff
et al.,
1993). Jeffreys Ledge appears to be important habitat for right whales, with extended whale residences; this area appears to be an important fall feeding area for right whales and an important nursery area during summer (Weinrich
et al.,
2000). The second feeding area is off the southern tip of Nova Scotia in the Roseway Basin between Browns, Baccaro, and Roseway banks (Mitchell
et al.,
1986; Gaskin, 1987; Stone
et al.,
1988; Gaskin, 1991). The Cape Cod Bay and Great South Channel feeding grounds have been designated as critical habitat under the ESA (Silber and Clapham, 2001).

During the winter (as early as November and through March), North Atlantic right whales may be found in coastal waters off North Carolina, Georgia, and northern Florida (Winn
et al.,
1986). The waters off Georgia and northern Florida are the only known calving ground for western North Atlantic right whales and they have been designated as critical habitat under the ESA. Calving occurs from December through March (Silber and Clapham, 2001). On 1 January 2005, the first observed birth on the calving grounds was reported (Zani
et al.,
2005). The majority of the population is not accounted for on the calving grounds, and not all reproductively active females return to this area each year (Kraus
et al.,
1986a).

The coastal waters of the Carolinas are suggested to be a migratory corridor for the right whale (Winn
et al.,
1986). This area, consisting of coastal waters between North Carolina and northern Florida, was mainly a winter and early spring (January-March) right whaling ground during the late 1800s (Reeves and Mitchell, 1986). The whaling ground was centered along the coasts of South Carolina and Georgia (Reeves and Mitchell, 1986). An examination of sighting records from all sources between 1950 and 1992 found that wintering right whales were observed widely along the coast from Cape Hatteras, North Carolina, to Miami, Florida (Kraus
et al.,
1993). Sightings off the Carolinas were comprised of single individuals that appeared to be transients (Kraus
et al.,
1993). These observations are consistent with the hypothesis that the coastal waters of the Carolinas are part of a migratory corridor for the North Atlantic right whale (Winn
et al.,
1986). Knowlton
et al.
(2002) analyzed sightings data collected in the mid-Atlantic from northern Georgia to southern New England and found that the majority of North Atlantic right whale sightings occurred within approximately 30 NM (56 km) from shore. Critical habitat for the north Atlantic population of the North Atlantic right whale exists in portions of the JAX and Northeast OPAREAs (Figure 4-1 of the Navy's Application). The following three areas occur in U.S. waters and were designated by NMFS as critical habitat in June 1994 (NMFS, 2005):

• Coastal Florida and Georgia (Sebastian Inlet, Florida, to the Altamaha River, Georgia),

• The Great South Channel, east of Cape Cod, and

• Cape Cod and Massachusetts Bays.

The northern critical habitat areas serve as feeding and nursery grounds, while the southern area from the mid-Georgia coast extending southward along the Florida coast serves as calving grounds. A large portion of this habitat lies within the coastal waters of the JAX OPAREA. The physical features correlated with the distribution of right whales in the southern critical habitat area provide an optimum environment for calving. For example, the bathymetry of the inner and nearshore middle shelf area minimizes the effect of strong winds and offshore waves, limiting the formation of large waves and rough water. The average temperature of critical habitat waters is cooler during the time right whales are present due to a lack of influence by the Gulf Stream and cool freshwater runoff from coastal areas. The water temperatures may provide an optimal balance between offshore waters that are too warm for nursing mothers to tolerate, yet not too cool for calves that may only have minimal fatty insulation. On the calving grounds, the reproductive females and calves are expected to be concentrated near the critical habitat in the JAX OPAREA from December through April.

Two additional biologically important habitat areas are located in Canadian waters—Grand Manan Basin and Roseway Basin. These areas were identified in Canada's final recovery strategy for the North Atlantic right whale. On October 6, 2010, NMFS published a notice announcing 90-day finding and 12-month determination on a petition to revise critical habitat for the North Atlantic right whale (75 FR 61690). NMFS found that the petition, in addition with the information readily available, presents substantial scientific information indicating that the requested revision may be warranted. NMFS determined that we would proceed with the ongoing rulemaking process for revising critical habitat for the North Atlantic right whale.

Humpback Whale

In the North Atlantic Ocean, humpbacks are found from spring through fall on feeding grounds that are located from south of New England to northern Norway (NMFS, 1991). The Gulf of Maine is one of the principal summer feeding grounds for humpback whales in the North Atlantic. The largest numbers of humpback whales are present from mid-April to mid- November. Feeding locations off the northeastern United States include Stellwagen Bank, Jeffreys Ledge, the Great South Channel, the edges and shoals of Georges Bank, Cashes Ledge, Grand Manan Banks, the banks on the Scotian Shelf, the Gulf of St. Lawrence, and the Newfoundland Grand Banks (CETAP, 1982; Whitehead, 1982; Kenney and Winn, 1986; Weinrich
et al.,
1997). Distribution in this region has been largely correlated to prey species and abundance, although behavior and bottom topography are factors in foraging strategy (Payne
et al.,
1986; Payne
et al.,
1990b). Humpbacks typically return to the same feeding areas each year.

Feeding most often occurs in relatively shallow waters over the inner continental shelf and sometimes in deeper waters. Large multi-species feeding aggregations (including humpback whales) have been observed over the shelf break on the southern edge of Georges Bank (CETAP, 1982; Kenney and Winn, 1987) and in shelf break waters off the U.S. mid-Atlantic coast (Smith
et al.,
1996).

Sperm Whale

The region of the Mississippi River Delta (Desoto Canyon) has been recognized for high densities of sperm whales and may potentially represent an important calving and nursery, or feeding area for these animals

(Townsend, 1935; Collum and Fritts, 1985; Mullin
et al.,
1994a; Würsig
et al.,
2000; Baumgartner
et al.,
2001; Davis
et al.,
2002; Mullin
et al.,
2004; Jochens
et al.,
2006). Sperm whales typically exhibit a strong affinity for deep waters beyond the continental shelf, though in the area of the Mississippi Delta they also occur on the outer continental shelf break.

Marine Mammal Density Estimates

A quantitative analysis of impacts on a species requires data on the abundance and distribution of the species population in the potentially impacted area. One metric for performing this type of analysis is density, which is the number of animals present per unit area. The Navy compiled existing, publically available density data for use in the quantitative acoustic impact analysis.

There is no single source of density data for every area of the world, species, and season because of the costs, resources, and effort required to provide adequate survey coverage to sufficiently estimate density. Therefore, to estimate the marine mammal densities for large areas like the AFTT Study Area, the Navy compiled data from several sources. To compile and structure the most appropriate database of marine species density data, the Navy developed a protocol to select the best available data sources based on species, area, and time (season). The resulting Geographic Information System database, called the Navy Marine Species Density Database, includes seasonal density values for every marine mammal species present within the AFTT Study Area (Navy, 2012).

The Navy Marine Species Density Database includes a compilation of the best available density data from several primary sources and published works including survey data from NMFS within the U.S. Exclusive Economic Zone.

Additional information on the density data sources and how the database was applied to the AFTT Study Area is detailed in the Navy Marine Species Density Database Technical Report (
aftteis.com/DocumentsandReferences/AFTTDocuments/SupportingTechnicalDocuments.aspx
).

Marine Mammal Hearing and Vocalizations

Cetaceans have an auditory anatomy that follows the basic mammalian pattern, with some changes to adapt to the demands of hearing underwater. The typical mammalian ear is divided into an outer ear, middle ear, and inner ear. The outer ear is separated from the inner ear by a tympanic membrane, or eardrum. In terrestrial mammals, the outer ear, eardrum, and middle ear transmit airborne sound to the inner ear, where the sound waves are propagated through the cochlear fluid. Since the impedance of water is close to that of the tissues of a cetacean, the outer ear is not required to transduce sound energy as it does when sound waves travel from air to fluid (inner ear). Sound waves traveling through the inner ear cause the basilar membrane to vibrate. Specialized cells, called hair cells, respond to the vibration and produce nerve pulses that are transmitted to the central nervous system. Acoustic energy causes the basilar membrane in the cochlea to vibrate. Sensory cells at different positions along the basilar membrane are excited by different frequencies of sound (Pickles, 1998).

Marine mammal vocalizations often extend both above and below the range of human hearing; vocalizations with frequencies lower than 20 Hz are labeled as infrasonic and those higher than 20 kHz as ultrasonic (National Research Council (NRC), 2003; Figure 4-1). Measured data on the hearing abilities of cetaceans are sparse, particularly for the larger cetaceans such as the baleen whales. The auditory thresholds of some of the smaller odontocetes have been determined in captivity. It is generally believed that cetaceans should at least be sensitive to the frequencies of their own vocalizations. Comparisons of the anatomy of cetacean inner ears and models of the structural properties and the response to vibrations of the ear's components in different species provide an indication of likely sensitivity to various sound frequencies. The ears of small toothed whales are optimized for receiving high-frequency sound, while baleen whale inner ears are best in low to infrasonic frequencies (Ketten, 1992; 1997; 1998).

Baleen whale vocalizations are composed primarily of frequencies below 1 kHz, and some contain fundamental frequencies as low as 16 Hz (Watkins
et al.,
1987; Richardson
et al.,
1995; Rivers, 1997; Moore
et al.,
1998; Stafford
et al.,
1999; Wartzok and Ketten, 1999) but can be as high as 24 kHz (humpback whale; Au
et al.,
2006). Clark and Ellison (2004) suggested that baleen whales use low-frequency sounds not only for long-range communication, but also as a simple form of echo ranging, using echoes to navigate and orient relative to physical features of the ocean. Information on auditory function in baleen whales is extremely lacking. Sensitivity to low-frequency sound by baleen whales has been inferred from observed vocalization frequencies, observed reactions to playback of sounds, and anatomical analyses of the auditory system. Although there is apparently much variation, the source levels of most baleen whale vocalizations lie in the range of 150-190 dB re 1 μPa at 1 m. Low-frequency vocalizations made by baleen whales and their corresponding auditory anatomy suggest that they have good low-frequency hearing (Ketten, 2000), although specific data on sensitivity, frequency or intensity discrimination, or localization abilities are lacking. Marine mammals, like all mammals, have typical U-shaped audiograms that begin with relatively low sensitivity (high threshold) at some specified low frequency with increased sensitivity (low threshold) to a species specific optimum followed by a generally steep rise at higher frequencies (high threshold) (Fay, 1988).

The toothed whales produce a wide variety of sounds, which include species-specific broadband “clicks” with peak energy between 10 and 200 kHz, individually variable “burst pulse” click trains, and constant frequency or frequency-modulated (FM) whistles ranging from 4 to 16 kHz (Wartzok and Ketten, 1999). The general consensus is that the tonal vocalizations (whistles) produced by toothed whales play an important role in maintaining contact between dispersed individuals, while broadband clicks are used during echolocation (Wartzok and Ketten, 1999). Burst pulses have also been strongly implicated in communication, with some scientists suggesting that they play an important role in agonistic encounters (McCowan and Reiss, 1995), while others have proposed that they represent “emotive” signals in a broader sense, possibly representing graded communication signals (Herzing, 1996). Sperm whales, however, are known to produce only clicks, which are used for both communication and echolocation (Whitehead, 2003). Most of the energy of toothed whale social vocalizations is concentrated near 10 kHz, with source levels for whistles as high as 100 to 180 dB re 1 μPa at 1 m (Richardson
et al.,
1995). No odontocete has been shown audiometrically to have acute hearing (<80 dB re 1 μPa) below 500 Hz (Southall
et al.,
2007). Sperm whales produce clicks, which may be used to echolocate (Mullins
et al.,
1988), with a frequency range from less than 100 Hz to 30 kHz and source levels up to 230 dB re 1 μPa 1 m or greater (Mohl
et al.,
2000).

Brief Background on Sound

An understanding of the basic properties of underwater sound is necessary to comprehend many of the concepts and analyses presented in this document. A summary is included below.

Sound is a wave of pressure variations propagating through a medium (e.g., water). Sound measurements can be expressed in two forms: intensity and pressure. Acoustic intensity is the average rate of energy transmitted through a unit area in a specified direction and is expressed in watts per square meter (W/m
2
). Acoustic intensity is rarely measured directly, but rather from ratios of pressures; the standard reference pressure for underwater sound is 1 microPascal (μPa); for airborne sound, the standard reference pressure is 20 μPa (Richardson
et al.,
1995).

Acousticians have adopted a logarithmic scale for sound intensities, which is denoted in decibels (dB). Decibel measurements represent the ratio between a measured pressure value and a reference pressure value (in this case 1 μPa or, for airborne sound, 20 μPa.). The logarithmic nature of the scale means that each 10-dB increase is a ten-fold increase in acoustic power (and a 20-dB increase is then a 100-fold increase in power; and a 30-dB increase is a 1,000-fold increase in power). A ten-fold increase in acoustic power does not mean that the sound is perceived as being ten times louder. Humans perceive a 10-dB increase in sound level as a doubling of loudness, and a 10-dB decrease in sound level as a halving of loudness. The term “sound pressure level” implies a decibel measure and a reference pressure that is used as the denominator of the ratio. Throughout this document, NMFS uses 1 microPascal (denoted re: 1μPa) as a standard reference pressure unless noted otherwise.

It is important to note that decibels underwater and decibels in air are not the same and cannot be directly compared. To estimate a comparison between sound in air and underwater, because of the different densities of air and water and the different decibel standards (i.e., reference pressures) in air and water, a sound with the same intensity (i.e., power) in air and in water would be approximately 62 dB lower in air. Thus a sound that measures 160 dB (re 1μPa) underwater would have the same approximate effective level as a sound that is 98 dB (re 20 1μPa) in air.

Sound frequency is measured in cycles per second, or Hertz (abbreviated Hz), and is analogous to musical pitch; high-pitched sounds contain high frequencies and low-pitched sounds contain low frequencies. Natural sounds in the ocean span a huge range of frequencies: From earthquake noise at 5 Hz to harbor porpoise clicks at 150,000 Hz (150 kHz). These sounds are so low or so high in pitch that humans cannot even hear them; acousticians call these infrasonic (typically below 20 Hz) and ultrasonic (typically above 20,000 Hz) sounds, respectively. A single sound may be made up of many different frequencies together. Sounds made up of only a small range of frequencies are called “narrowband,” and sounds with a broad range of frequencies are called “broadband”; tactical sonars are an example of a narrowband sound source and explosives are an example of a broadband sound source.

When considering the influence of various kinds of sound on the marine environment, it is necessary to understand that different kinds of marine life are sensitive to different frequencies of sound. Based on available behavioral data, audiograms derived using auditory evoked potential (AEP) techniques, anatomical modeling, and other data, Southall
et al.
(2007) designated “functional hearing groups” for marine mammals and estimated the lower and upper frequencies of functional hearing of the groups. Further, the frequency range in which each group's hearing is estimated as being most sensitive is represented in the flat part of the M-weighting functions (which are derived from the audiograms described above; see Figure 1 in Southall
et al.,
2007) developed for each group. The functional groups and the associated frequencies are indicated below (though, again, animals are less sensitive to sounds at the outer edge of their functional range and most sensitive to sounds of frequencies within a smaller range somewhere in the middle of their functional hearing range):

• Low frequency cetaceans (13 species of mysticetes): functional hearing is estimated to occur between approximately 7 Hz and 30 kHz.

• Mid-frequency cetaceans (32 species of dolphins, six species of larger toothed whales, and 19 species of beaked and bottlenose whales): functional hearing is estimated to occur between approximately 150 Hz and 160 kHz.

• High frequency cetaceans (eight species of true porpoises, six species of river dolphins,
Kogia,
the franciscana, and four species of cephalorhynchids): functional hearing is estimated to occur between approximately 200 Hz and 180 kHz.

• Pinnipeds in Water: functional hearing is estimated to occur between approximately 75 Hz and 75 kHz, with the greatest sensitivity between approximately 700 Hz and 20 kHz.

The estimated hearing range for low-frequency cetaceans has been slightly extended from previous analyses (from 22 to 30 kHz). This decision is based on data from Watkins
et al.
(1986) for numerous mysticete species, Au
et al.
(2006) for humpback whales, and abstract from Frankel (2005) and a paper from Lucifredi and Stein (2007) on gray whales, and an unpublished report (Ketten and Mountain, 2009) and abstract (Tubelli
et al.,
2012) for minke whales. As more data from additional species become available, these estimated hearing ranges may require modification.

When sound travels away (propagates) from its source, its loudness decreases as the distance traveled by the sound increases. Thus, the loudness of a sound at its source is higher than the loudness of that same sound a kilometer distant. Acousticians often refer to the loudness of a sound at its source (typically referenced to one meter from the source) as the source level and the loudness of sound elsewhere as the received level (i.e., typically the receiver). For example, a humpback whale 3 kilometers from a device that has a source level of 230 dB re 1 μPa may only be exposed to sound that is 160 dB re 1 μPa loud, depending on how the sound travels through the water (in this example, it is spherical spreading [3 dB reduction with doubling of distance]). As a result, it is important to understand the difference between source levels and received levels when discussing the loudness of sound in the ocean or its impacts on the marine environment.

As sound travels from a source, its propagation in water is influenced by various physical characteristics, including water temperature, depth, salinity, and surface and bottom properties that cause refraction, reflection, absorption, and scattering of sound waves. Oceans are not homogeneous and the contribution of each of these individual factors is extremely complex and interrelated. The physical characteristics that determine the sound's speed through the water will change with depth, season, geographic location, and with time of day (as a result, in actual sonar operations, crews will measure oceanic conditions, such as sea water temperature and depth, to calibrate models that determine the path the sonar signal will take as it travels through the ocean and how strong the

sound signal will be at a given range along a particular transmission path). As sound travels through the ocean, the intensity associated with the wavefront diminishes, or attenuates. This decrease in intensity is referred to as propagation loss, also commonly called transmission loss.

Metrics Used in This Document

This section includes a brief explanation of the two sound measurements (sound pressure level (SPL) and sound exposure level (SEL)) frequently used to describe sound levels in the discussions of acoustic effects in this document.

SPL

Sound pressure is the sound force per unit area, and is usually measured in micropascals (μPa), where 1 Pa is the pressure resulting from a force of one newton exerted over an area of one square meter. SPL is expressed as the ratio of a measured sound pressure and a reference level.

SPL (in dB) = 20 log (pressure/reference pressure)

The commonly used reference pressure level in underwater acoustics is 1 μPa, and the units for SPLs are dB re: 1 μPa. SPL is an instantaneous measurement and can be expressed as the peak, the peak-to-peak, or the root mean square (rms). Root mean square, which is the square root of the arithmetic average of the squared instantaneous pressure values, is typically used in discussions of the effects of sounds on vertebrates and all references to SPL in this document refer to the root mean square. SPL does not take the duration of a sound into account. SPL is the applicable metric used in the Behavioral Response Function (BRF), which is used to estimate behavioral harassment takes.

SEL

SEL is an energy metric that integrates the squared instantaneous sound pressure over a stated time interval. The units for SEL are dB re: 1 μPa
2
s.

SEL = SPL + 10 log(duration in seconds)

As applied to sonar and other active acoustic sources, the SEL includes both the SPL of a sonar ping and the total duration. Longer duration pings and/or pings with higher SPLs will have a high

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2013-01817. Public record. Not legal advice.