# Taking and Importing Marine Mammals; U.S. Navy Training in the Southern California Range Complex

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URL: https://www.frixlaw.com/law-library/documents/fr%3AE8-23618

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** October 14, 2008
- **Citation:** 73 FR 60836

## Text

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 0808061069-81171-01]
RIN 0648-AW91
Taking and Importing Marine Mammals; U.S. Navy Training in the Southern California Range Complex

AGENCY:

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

ACTION:

Proposed rule; request for comments.

SUMMARY:

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to training activities conducted in the Southern California Range Complex (SOCAL), which extends south and southwest off the southern California coast, for the period of January 2009 through January 2014. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requesting information, suggestions, and comments on these proposed regulations.

DATES:

Comments and information must be received no later than November 13, 2008.

ADDRESSES:

You may submit comments, identified by 0648-AW91, by any one of the following methods:

• Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal,
http://www.regulations.gov.

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

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. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT:

Jolie Harrison, Office of Protected Resources, NMFS, (301) 713-2289, ext. 166.

SUPPLEMENTARY INFORMATION:

Availability

A copy of the Navy's application may be obtained by writing to the address specified above (see
ADDRESSES
), telephoning the contact listed above (see
FOR FURTHER INFORMATION CONTACT
), or visiting the internet at:
http://www.nmfs.noaa.gov/pr/permits/incidental.htm
. The Navy's Draft Environmental Impact Statement (DEIS) for SOCAL was published on April 4, 2008, and may be viewed at
http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
NMFS is participating in the development of the Navy's EIS as a cooperating agency under NEPA.

Background

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

Authorization 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, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as:

An impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.

The National Defense Authorization Act of 2004 (NDAA) (Pub. L. 108-136) modified the MMPA by removing the “small numbers” and “specified geographical region” limitations and amended the definition of “harassment” as it applies to a “military readiness activity” to read as follows (Section 3(18)(B) of the MMPA):

(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild [Level A Harassment]; or

(ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered [Level B Harassment].

Summary of Request

On April 1, 2008, NMFS received an application from the Navy requesting authorization for the take of individuals of 37 species of marine mammals incidental to upcoming Navy training activities, maintenance, and research, development, testing, and evaluation (RDT&E) activities to be conducted within SOCAL, which extends southwest approximately 600 nm in the general shape of a 200-nm wide rectangle (see the Navy's application), over the course of 5 years. These training activities are military readiness activities under the provisions of the NDAA. The Navy states, and NMFS concurs, that these military readiness activities may incidentally take marine mammals present within SOCAL by exposing them to sound from mid-frequency or high frequency active sonar (MFAS/HFAS) or underwater detonations. The Navy requests authorization to take individuals of 37 species of marine mammals by Level B Harassment. Further, though they do not anticipate it to occur, the Navy requests authorization to take, by injury or mortality, up to 10 beaked whales over the course of the 5-yr regulations.

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. Title 10, U.S. Code (U.S.C.) 5062 directs the Chief of Naval Operations to train all naval forces for combat. The Chief of Naval Operations meets that direction, 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 weapons systems.

The Navy proposes to implement actions within the SOCAL Range Complex to:

• Increase training and RDT&E operations from current levels as necessary to support the Navy-wide training plan, known as the Fleet Readiness Training Plan (FRTP);

• Accommodate mission requirements associated with force structure changes and introduction of new weapons and systems to the Fleet; and

• Implement enhanced range complex capabilities.

The Proposed Action would result in selectively focused but critical increases in training, and range enhancements (including the establishment and use of a shallow-water minefield and construction of a shallow-water training range) to address testing and training resource shortfalls, as necessary to ensure the SOCAL Range Complex supports Navy and Marine Corps training and readiness objectives. The proposed action would result in approximately a 12-percent increase in the amount of MFAS/HFAS currently used.

Overview of SOCAL Range Complex

The U.S. Navy has been training and operating in the area now defined as the SOCAL Range Complex for over 70 years. The SOCAL Range Complex has three primary components: Ocean Operating Areas (SOCAL OPAREAs), Special Use Airspace (SUA), and San Clemente Island (SCI). The Range Complex is situated between Dana Point and San Diego, and extends more than 600 nautical miles (nm) (1,111 kilometers (km)) southwest into the Pacific Ocean (See the Navy's application). The components of the SOCAL Range Complex encompass 120,000 square nm (nm
2
) (411,600 square km (km
2
)) of sea space, 113,000 nm
2
(387,500 km
2
) of SUA, and over 42 nm
2
(144 km
2
) of land (SCI). To facilitate range management and scheduling, the SOCAL Range Complex is divided into numerous sub-component ranges and training areas, which are described below.

SOCAL OPAREAS

The ocean areas of the SOCAL Range Complex include surface and subsurface OPAREAs extending generally southwest from the coastline of southern California between Dana Point and San Diego for approximately 600 nm into international waters to the west of Baja California, Mexico. Most of the SOCAL OPAREAS are located under the Warning Area 291 Airspace mentioned below. Several SOCAL OPAREAs do not lie under W-291. These OPAREAS are used for ocean surface and subsurface training. Military aviation activities may be conducted in airspace that is not designated as SUA, however, these aviation activities do not include use of live or inert ordnance.

Special Use Airspace (SUA)

The SOCAL Range Complex includes military airspace designated as Warning Area 291 (W-291). W-291 comprises 113,000 nm
2
(209,276 km
2
) of SUA that generally overlies the SOCAL OPAREAs and SCI, extending to the southwest from approximately 12 nm (22 km) off the coast to approximately 600 nm (1,111 km). W-291 is the largest component of SUA in the Navy's range inventory.

San Clemente Island (SCI)

SCI, a component part of the SOCAL Range Complex, is comprised of existing land ranges and training areas that are integral to training of Pacific Fleet air, surface, and subsurface units; First Marine Expeditionary Force (I MEF) units; Naval Special Warfare (NSW) units; and selected formal schools. SCI provides instrumented ranges, operating areas, and associated facilities to conduct and evaluate a wide range of exercises within the scope of naval warfare. SCI also provides ranges and services for RDT&E activities. Over 20 Navy and Marine Corps commands conduct training and testing activities on SCI. Due to its unique capabilities to support multiple training operations, SCI training activities encompass every Navy primary mission area (PMAR), and SCI provides critical training resources for Expeditionary Strike Group (ESG), Carrier Strike Group (CSG), and Marine Expeditionary Unit (MEU) certification exercises.

SCI provides an extensive suite of range capabilities for tactical training. SCI includes a Shore Bombardment Area (SHOBA), landing beaches, several live-fire training areas and ranges (TARs) for small arms, maneuver areas, and other dedicated ranges for the conduct of training in all Primary Mission Areas (PMARs). SCI includes extensive instrumentation, and provides robust opposing force simulation and targets for use in land, sea-based, and air live-fire training. SCI also contains an airfield and other infrastructure for training and logistical support.

Overlap With Point Mugu Sea Range for Certain Anti-Submarine Warfare Training (ASW)

The Point Mugu Sea Range is a Navy ocean range area north of and generally adjacent to the SOCAL Range Complex. ASW training conducted in the course of major exercises occurs across the boundaries of the SOCAL Range Complex into the Point Mugu Sea Range. These cross-boundary events are addressed in this authorization request.

Description of Specified Activities

As mentioned above, the Navy has requested MMPA authorization to take marine mammals incidental to training activities in the SOCAL Range Complex that would result in the generation of sound or pressure waves in the water at or above levels that NMFS has determined will likely result in take (see Acoustic Take Criteria Section), either through the use of MFAS/HFAS or the detonation of explosives in the water. These activities are discussed below.

Activities Utilizing Active Sonar Sources

For the SOCAL Range Complex, the training activities that utilize active tactical sonar sources fall into the category of Anti-submarine Warfare (ASW) exercises. This section includes a description of ASW, the active acoustic devices used in ASW exercises, as well as the exercise types in which these acoustic sources are used.

ASW Training and Active Sonar

ASW involves helicopter and sea control aircraft, ships, and submarines, operating alone or in combination, in operations to locate, track, and neutralize submarines. Controlling the undersea battlespace is a unique naval capability and a vital aspect of sea control. Undersea battlespace dominance requires proficiency in ASW. Every deploying strike group and individual ASW-capable combatant must possess this capability.

Various types of active and passive sonars are used by the Navy to determine water depth, locate mines, and identify, track, and target submarines. Passive sonar “listens” for sound waves by using underwater microphones, called hydrophones, which receive, amplify and process underwater sounds. No sound is introduced into the water when using passive sonar. Passive sonar can indicate the presence, character and movement of submarines. Passive sonar, alternatively, provides only a bearing (direction) to a sound-emitting source; it does not provide an accurate range (distance) to the source. Active sonar is needed to locate objects because active sonar provides both bearing and range to the detected contact (such as an enemy submarine).

Active sonar transmits pulses of sound that travel through the water, reflect off objects and return to a receiver. By knowing the speed of sound in water and the time taken for the sound wave to travel to the object and back, active sonar systems can quickly calculate direction and distance from the sonar platform to the underwater

object. There are three types of active sonar: Low-frequency, mid-frequency, and high-frequency.

Low-frequency sonar operates below 1 kilohertz (kHz) and is designed to detect extremely quiet diesel-electric submarines at ranges far beyond the capabilities of mid-frequency active sonars. There are only two ships in use by the U.S. Navy that are equipped with low-frequency sonar; both are ocean surveillance vessels operated by Military Sealift Command. Low-frequency active sonar is not presently utilized in the SOCAL Range Complex, and use of low-frequency active sonar is not contemplated in the Proposed Action.

High-frequency active sonar (HFAS), operates at frequencies greater than 10 kilohertz (kHz). At higher acoustic frequencies, sound rapidly dissipates in the ocean environment, resulting in short detection ranges, typically less than five nm. High-frequency sonar is used primarily for determining water depth, hunting mines and guiding torpedoes.

Mid-frequency active sonar (MFAS) operates between 1 and 10 kHz, with detection ranges up to 10 nautical miles (nm). Because of this detection ranging capability, MFAS is the Navy's primary tool for conducting ASW. Many ASW experiments and exercises have demonstrated that this improved capability for long range detection of adversary submarines before they are able to conduct an attack is essential to U.S. ship survivability. Today, ASW is the Navy's #1 war-fighting priority. Navies across the world utilize modern, quiet, diesel-electric submarines which pose the primary threat to the U.S. Navy's ability to perform a number of critically necessary missions. Extensive training is necessary of sailors, ASW-capable units, and strike groups are to gain proficiency in using MFAS. If a strike group does not demonstrate MFAS proficiency, it cannot be certified as combat ready.

Acoustic Sources Used for ASW Exercises in SOCAL

Modern sonar technology has developed a multitude of sonar sensor and processing systems. In concept, the simplest active sonars emit omni-directional pulses (“pings”) and time the arrival of the reflected echoes from the target object to determine range. More sophisticated active sonar emits an omni-directional ping and then rapidly scans a steered receiving beam to provide directional, as well as range, information. More advanced active sonars transmit multiple preformed beams, listening to echoes from several directions simultaneously and providing efficient detection of both direction and range. The types of active sonar sources employed during ASW active sonar training exercises in the SOCAL Range Complex are identified in Table 1.

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ASW sonar systems are deployed from certain classes of surface ships, submarines, helicopters, and fixed wing maritime patrol aircraft (Table 1). The surface ships used are typically equipped with hull-mounted sonars (active and passive) and towed-array passive sonar for the detection of submarines. Helicopters equipped with dipping sonar or sonobuoys are utilized to locate submarines or submarine targets within the training area. In addition, fixed wing marine patrol aircraft (MPA) are used to deploy both active and passive sonobuoys to assist in locating and tracking submarines during the duration of the exercise. Submarines are equipped with hull-mounted sonars sometimes used to locate and prosecute other submarines and/or surface ships during the exercise. The platforms used in ASW exercises are identified below.

Surface Ship Sonars
—A variety of surface ships participate in testing and training events. Some ships (e.g., aircraft carriers, amphibious assault ships) do not have any onboard active sonar systems, other than fathometers. Others, like guided missile cruisers, are equipped with active as well as passive tactical sonars for mine avoidance and submarine detection and tracking. For purposes of the analysis, the SQS-53 was modeled as having a nominal source level of 235 decibels (dB) re 1 μPa @ 1 m, and the SQS-56 was modeled as having a nominal source level of 225 decibels (dB) re 1 μPa @ 1 m. Sonar ping transmission durations were modeled as lasting 1 second per ping and omni-directional, which is a conservative assumption that will overestimate potential effects. Actual ping durations will be less than 1 second. The SQS-53 hull-mounted sonar transmits at center frequencies of 2.6 kHz and 3.5 kHz. The SQS-56 sonar transmits at a center frequency of 7.5 kHz. Details concerning the tactical use of specific frequencies and the repetition rate for the sonar pings is classified but was modeled based on the required tactical training setting.

Hull-mounted active sonars occasionally operate in a mode called “Kingfisher,” which is designed to better detect smaller objects. The Kingfisher mode uses the same source level and frequency as normal search modes, however, it uses a different waveform (designed for small objects), a shorter pulse length (< 1 sec), a higher pulse repetition rate (due to the short ranges), and the ping is not omnidirectional, but directed forward.

Submarine Sonars
—Submarine active and passive sonars are used to detect and target enemy submarines and surface ships. Because submarine MF active sonar (AN/BQQ-10) use is very rare and in those rare instances, very brief (only approximately 2 pings per hour), it is extremely unlikely that use of active sonar by submarines would have any measurable effect on marine mammals. However, submarine sonar was included in the modeling for estimating exposures of marine mammals to sonar sounds. Estimates of exposure are also included for the HF AN/BQQ-15 which is used for navigation.

Aircraft Sonar Systems
—Aircraft sonar systems that would operate in the SOCAL Range Complex include DICASS sonobuoys (AN/SSQ-62; source level of 201 dB) and dipping sonar (AN/AQS-22). Sonobuoys may be deployed by maritime patrol aircraft or helicopters; dipping sonars are used by carrier-based helicopters. A sonobuoy is an expendable device used by aircraft for the detection of underwater acoustic energy and for conducting vertical water column temperature measurements. Most sonobuoys are passive, but some can generate active acoustic signals, as well as listen passively. Dipping sonar is an active or passive sonar device lowered on cable by helicopters to detect or maintain contact with underwater targets. During ASW training, these systems active modes are only used briefly for localization of contacts and are not used in primary search capacity. Because active mode dipping sonar use is very brief and has a lower normal source level than hull-mounted active sonars, it is extremely unlikely its use would have any effect on marine mammals. However, the AN/AQS-22 dipping sonar was modeled based on estimated use during major training exercises within the SOCAL Range Complex.

Extended Echo Ranging and Improved Extended Echo Ranging (EER/IEER) Systems
—EER/IEER are airborne ASW systems used in conducting large area searches for submarines. These systems are made up of airborne avionics, ASW acoustic processing and sonobuoy types that are deployed in pairs. The IEER System's active sonobuoy component, the AN/SSQ-110A Sonobuoy, would generate a sonar “ping” (actually small explosive detonation) and the passive AN/SSQ-101A ADAR Sonobuoy would “listen” for the return echo of the sonar ping that has been bounced off the surface of a submarine. These sonobuoys are designed to provide underwater acoustic data necessary for naval aircrews to quickly and accurately detect submerged submarines. The sonobuoy pairs are dropped from a fixed-wing aircraft into the ocean in a predetermined pattern with a few buoys covering a very large area. The AN/SSQ-110A Sonobuoy Series is an expendable and commandable sonobuoy. Upon command from the aircraft, the bottom payload is released to sink to a designated operating depth. A second command is required from the aircraft to cause the second payload to release and detonate generating a “ping”. There is only one detonation in the pattern of buoys at a time. The AN/SSQ-110A is listed in this table because it functions like a sonar ping, however, the source creates an explosive detonation and its effects are considered in the underwater explosive section.

Torpedoes
—Torpedoes are the primary ASW weapon used by surface ships, aircraft, and submarines. The guidance systems of these weapons can be autonomous or electronically controlled from the launching platform through an attached wire. The autonomous guidance systems are acoustically based. They operate either passively, exploiting the emitted sound energy by the target, or actively, by reflecting a sonar signal off the target and using the received echoes for guidance. The MK-48 torpedo was modeled for active sonar transmissions during specified training operations within the SOCAL Range Complex. The MK-48 sonar with a higher source level was also conservatively used to account for MK-46 torpedo exercises.

Other Acoustic Sources
—The Navy also utilizes the sources listed below in ASW exercises. However, based on operational characteristics (such as frequency and source level), the Navy determined that use of the following acoustic sources would not likely result in the take of marine mammals:

• Acoustic Device Countermeasures (ADC)—Several types of acoustic counter measure devices could be deployed during Fleet training exercises, including the free-floating submarine launched Acoustic Device Countermeasure (MK-1, MK-2, MK-3, MK-4), the free-floating submarine launched Noise Acoustic Emitter (NAE), and the surface ship towed AN/SLQ-25A (NIXIE). Countermeasure devices are submarine simulators and act as decoys to avert localization and torpedo attacks.

• Training Targets—ASW training targets consisting of MK-30 and/or MK-39 EMATT are used to simulate opposition submarines. They are equipped with one or a combination of the following devices: (1) Acoustic projectors emanating sounds to simulate submarine acoustic signatures; (2) echo repeaters to simulate the characteristics

of the echo of a particular sonar signal reflected from a specific type of submarine; and (3) magnetic sources to trigger magnetic detectors.

• Range Sources. Range pingers are active acoustic devices that allow each of the in-water platforms on the range (e.g., ships, submarines, target simulators, and exercise torpedoes) to be tracked by the instrumented range hydrophones on the Southern California ASW Range (SOAR) west of San Clemente Island. In addition to passively tracking the pinger signal from each range participant, the range transducer nodes also are capable of transmitting acoustic signals for a limited set of functions. These functions include submarine warning signals, acoustic commands to submarine target simulators (acoustic command link), and occasional voice or data communications (received by participating ships and submarines on range).

Types of ASW Exercises in the SOCAL

The Navy's ASW training plan, including the use of active sonar in at-sea training scenarios, includes multiple levels of training. Independent Unit-level ASW training (such as TRACKEX and TORPEX exercises) addresses basic skills such as detection and classification of contacts, distinguishing discrete acoustic signatures including those of ships, submarines, and marine life, and identifying the characteristics, functions, and effects of controlled jamming and evasion devices.

The Navy must execute training involving ships, aircraft, submarines, and Marine Corps forces operating in multiple dimensions (at sea, undersea, in the air, and on land) in order to ensure the readiness of naval forces. Unit training proceeds on a continuum, ranging from events involving a small number of ships, submarines, or aircraft engaged in training tailored to specific tasks, to large-scale pre-deployment or readiness exercises involving Strike Groups. Exercises involving an entire Strike Group are referred to as major range events (JTFEX and COMPTUEX). Smaller, integrated unit-level exercises are complex events (SHAREM, IAC2, or sustainment exercise), but of lesser scope than major range events, which pursue tailored training objectives for components of a Strike Group. It is useful to view larger exercises as being composed of individual training events conducted in a coordinated fashion. For example, the ASW portions of a major range event might include multiple TRACKEX and TORPEX events, conducted simultaneously with aviation or amphibious training. Table 2, at the end of this section, summarizes the exercise types (both sonar and explosive) and they are further described below. Note that the names and exact composition of these exercises may change, however, the basic components are described here and the total hours of sonar sound source and explosive use will not exceed those described in this document.

Antisubmarine Warfare Tracking Exercise (TRACKEX)

A TRACKEX, which is an independent unit-level exercise, tests the Naval Strike Group's (NSG) ability to locate and track an unknown or hostile submarine over a predetermined time. This operation tests the NSG's ability to coordinate the positioning of assets including surface, air, and subsurface, and the effective communication and turnover of responsibility for maintaining coverage of the unknown submarine.

The TRACKEX-surface involves a surface ship employing hull mounted and/or towed array sonar against a target which may be an Expendable Mobile Anti-submarine Warfare Training Target (EMATT) or live submarine. The target may be either non-evading and assigned to a specified track or fully evasive depending on the state of training of the ship and crew. Passive and active sonar may be employed depending on the type of threat submarine, the tactical situation, and water conditions that may affect sonar effectiveness. Active sonar transmits at varying power levels, pulse types, and intervals, while passive sonar listens for noise emitted by the threat submarine. Passive sonar is typically employed first for tactical reasons, followed by active sonar to determine an exact target location; however, active sonar may be employed during the initial search phase against an extremely quiet submarine or in situations where the water conditions do not support acceptable passive reception. There is no ordnance expended in this exercise. An ASW TRACKEX-Surface usually lasts two to four hours.

This exercise may involve a single ship, or may be undertaken in the context of a coordinated larger exercise involving multiple aircraft and/or ships, including a major range event.

The Navy also conducts Submarine TRACKEX exercises. However, during this event, passive sonar is used almost exclusively; active sonar use is tactically proscribed because it would reveal the tracking submarine's presence to the target submarine.

Torpedo Exercise (TORPEX)

Anti-submarine Warfare Torpedo Exercises (ASW TORPEX) operations, which are independent unit-level exercises, train crews in tracking and attack of submerged targets, firing one or two exercise torpedoes (EXTORPs) or recoverable exercise torpedoes (REXTORPs). TORPEX targets used in the Offshore Areas include live submarines, MK 48 torpedoes, MK-30 ASW training targets, and MK-39 Expendable Mobile ASW Training Targets (EMATT). The target may be non-evading while operating on a specified track, or it may be fully evasive, depending on the training requirements of the operation.

The ASW TORPEX-Surface involves a surface ship using hull-mounted and towed sonar arrays to search for, detect, classify, localize, and track a simulated threat submarine. Submarines periodically conduct TORPEXs within the SOCAL Range Complex. Typical duration of a submarine TORPEX exercise is 10 hours, while air and surface ASW platform TORPEX operations are considerably shorter.

Ship ASW Readiness and Evaluation Measuring (SHAREM)

SHAREM is a Chief of Naval Operations (CNO) chartered program with the overall objective to collect and analyze high-quality data to quantitatively “assess” surface ship ASW readiness and effectiveness. The SHAREM is an integrated unit-level event and will typically involve multiple ships, submarines, and aircraft in several coordinated events over a period of a week or less. A SHAREM may take place once per year in SOCAL.

Sustainment Exercise

Included in the FRTP is a requirement to conduct post-deployment sustainment, training, and maintenance. The sustainment exercise, which is an integrated unit-level exercise, ensures that the components of a Strike Group maintain an acceptable level of readiness after returning from deployment. A sustainment exercise is an exercise designed to challenge the strike group in all warfare areas. This exercise is similar to a COMPTUEX but of shorter duration. One to two sustainment exercises may occur each year in SOCAL.

Integrated ASW Course Phase II (IAC2)

IAC2 exercises are combined aircraft and surface ship events. The IAC2 consists of two 12-hour events conducted primarily on SOAR over a 2-3 day period. SOAR is an undersea warfare range providing instrumented

three dimensional tracking over a 670 sq nm area within the large Southern California Offshore Range (SCORE). The typical participants include four helicopters, two P-3 aircraft, two adversary submarines, and two Mk 30 or Mk 39 targets. Frequently, IAC2s include the introduction of an off-range Mk 30 target. Four IAC2 exercises may occur per year.

Major Range Events

The Navy conducts large-scale exercises, or major ranges events, in the SOCAL Range Complex. These exercises are required for pre-deployment certification of naval formations. The composition of the force to be trained, and the nature of its mission upon deployment, determines the scope of the exercise. The Navy currently conducts up to eight major range events per year. Major range events bring together the component elements of a Strike Group or Strike Force (that is, all of the various ships, submarines, aircraft, and Marine Corps forces) to train in complex command, control, operational coordination, and logistics functions. Major range events require vast areas of sea space and airspace for the exercise of realistic training, as well as land areas for conducting land attack training events. The training space required for these events is a function of naval warfighting doctrine, which favors widely dispersed units capable of projecting forces and firepower at high speeds across distances of up to several hundred miles in a coordinated fashion, to concentrate on an objective. The three-dimensional space required to conduct a major range event involving a carrier strike group (CSG) or expeditionary strike group (ESG) is a complicated polygon covering an area as large as 50,000 nm
2
.

A major range event is comprised of several “unit level” range operations conducted by several units operating together while commanded and controlled by a single commander. These exercises typically employ an exercise scenario developed to train and evaluate the Strike Group/Force in required naval tactical tasks. In a major range event, most of the operations and activities being directed and coordinated by the Strike Group commander are identical in nature to the operations conducted in the course of individual, crew, and smaller-unit training events. In a major range event, however, these disparate training tasks are conducted in concert, rather than in isolation.

Major range events include:

• Composite Training Unit Exercise (COMPTUEX). The COMPTUEX is an Integration Phase, at-sea, major range event. For the CSG, this exercise integrates the aircraft carrier and carrier air wing with surface and submarine units in a challenging operational environment. For the ESG, this exercise integrates amphibious ships with their associated air wing, surface ships, submarines, and Marine Expeditionary Unit. Live-fire operations that may take place during COMPTUEX include long-range air strikes, Naval Surface Fire Support (NSFS), and surface-to-air, surface-to-surface, and air-to-surface missile exercises. The MEU also conducts realistic training based on anticipated operational requirements and to further develop the required coordination between Navy and Marine Corps forces. Special Operations training may also be integrated with the exercise scenario. The COMPTUEX is typically 21 days in length. The exercise is conducted in accordance with a schedule of events, which may include two 1-day, scenario-driven, “mini” battle problems, culminating with a scenario-driven free play (as opposed to scripted) 3-day Final Battle Problem where the strike group is required to respond to dynamic maneuvers.” COMPTUEX occurs three to four times per year.

• Joint Task Force Exercise (JTFEX). The JTFEX is a dynamic and complex major range event that is the culminating exercise in the Sustainment Phase training and certification event for the CSGs and ESGs. For an ESG, the exercise incorporates an Amphibious Ready Group (ARG) Certification Exercise (ARG CERT) for the amphibious ships and a Special Operations Capable Certification (SOCCERT) for the MEU. When schedules align, the JTFEX may be conducted concurrently for an ESG and CSG. JTFEX emphasizes mission planning and effective execution by all primary and support warfare commanders, including command and control, surveillance, intelligence, logistics support, and the integration of tactical fires. JTFEX is mostly a free-play (as opposed to scripted) event. JTFEX is normally 10 days long, not including a 3-day in-port Force Protection Exercise, and is the final at-sea exercise for the CSG or ESG prior to deployment. JTFEX occurs three to four times per year.

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Activities Utilizing Underwater Detonations

Underwater detonation activities can occur at various depths depending on the activity (sinking exercise [SINKEX] and mine neutralization), but may also include activities which may have detonations at or just below the surface (SINKEX, gunnery exercise [GUNEX], or missile exercise [MISSILEX]). When the weapons hit the target, except for live torpedo shot, there is no explosion in the water, and so a “hit” is not modeled (i.e., the energy (either acoustic or pressure) from the hit is not expected to reach levels that would result in take of marine mammals). When a live weapon misses, it is modeled as exploding below the water surface at 1 ft (5-inch naval gunfire, 76-mm rounds), 2 meters (Maverick, Harpoon, MK-82, MK-83, MK-84), or 50 ft (MK-48 torpedo) as shown in Appendix A of the Navy's application, Table A-7 (the depth is chosen to represent the worst case of the possible scenarios as related to potential marine mammals impacts). Exercises may utilize either live or inert ordnance of the types listed in Table 3. Additionally, successful hit rates are known to the Navy and are utilized in the effects modeling. Training events that involve explosives and underwater detonations occur throughout the year and are described below and summarized in Table 2.

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Sinking Exercise (SINKEX)

In a SINKEX, a specially prepared, deactivated vessel is deliberately sunk using multiple weapons systems. The exercise provides training to ship and aircraft crews in delivering both live and inert ordnance on a real target. These target vessels are empty, cleaned, and environmentally remediated ship hulk (i.e., a hulk that has been stripped of all hazardous materials and potential marine water contaminants in accordance with the requirements of 40 CFR 229.2 [Transport of target vessels]). A SINKEX target is towed to sea and set adrift at the SINKEX location. The duration of a SINKEX is unpredictable since it ends when the target sinks, sometimes immediately after the first weapon impact and sometimes only after multiple impacts by a variety of weapons. Typically, the exercise lasts for 4 to 8 hours over 1 to 2 days. SINKEXs occur only occasionally during SOCAL Range Complex exercises.

Some or all of the following weapons may be employed in a SINKEX:

• Three HARPOON surface-to-surface and air-to-surface missiles.

• Two to eight air-to-surface Maverick missiles.

• Two to four MK-82 General Purpose Bombs.

• Two Hellfire air-to-surface missiles.

• One SLAM-ER air-to-surface missile.

• Two-hundred and fifty rounds for a 5-inch gun.

• One MK-48 heavyweight submarine-launched torpedo.

Air-to-Surface Gunnery Exercise (A-S GUNEX)

Air-to-Surface GUNEX operations, which may be conducted in W291, are conducted by fixed or rotary-wing aircraft against stationary targets (Floating at-sea Target [FAST] and smoke buoy). Rotary-wing aircraft involved in this operation would include a single SH-60 using either 7.62-mm or .50-caliber door-mounted machine guns. A typical A-S GUNEX will last approximately one hour and involve the expenditure of approximately 400 rounds of 0.50-caliber or 7.62-mm ammunition. Due to the inert nature of the ammunition and the small size of the rounds, they are not considered to have an underwater detonation impact.

Surface-to-Surface Gunnery Exercise (S-S GUNEX)

Surface gunnery exercises (GUNEX) take place in the open ocean (W291 and SOAR) to provide gunnery practice for Navy and Coast Guard ship crews. This exercise may involve a single firing ship, or be undertaken in the context of a coordinated larger exercise involving multiple ships, including a major range event. GUNEX training operations conducted in the Offshore OPAREA involve stationary targets such as a MK-42 FAST or a MK-58 marker (smoke) buoy. The gun systems employed against surface targets include the 5-inch, 76 millimeter (mm), 57-mm, 25-mm chain gun, 20-mm Close-in Weapon System (CIWS), and .50 caliber machine gun. Typical ordnance expenditure for a single GUNEX is 21-70 rounds of 5-inch, 76-mm, or 57-mm ammunition, and approximately 150 rounds of 25-mm or .50-caliber ammunition. Both live and inert training rounds are used. After impacting the water, the rounds and fragments sink to the bottom of the ocean. A GUNEX lasts up to 2.5 hours, depending on target services and weather conditions. The live 5-inch, 57-mm and 76-mm rounds are considered in the underwater detonation modeling.

Naval Surface Fire Support exercises (NSFS), in which crews train in naval gunnery against shore targets using the same ammunition as a GUNEX, are included with GUNEX both in Table 2 and further discussion (though separate mitigation is described in the Mitigation section). NSFS may be conducted in SOAR, MIR, or SHOBA.

Air-to-Surface Missile Exercise (A-S MISSILEX)

The air-to-surface missile exercise (MISSILEX [A-S]) consists of the attacking platform releasing a forward-fired, guided weapon at the designated towed target. The exercise involves locating the target, then designating the target, usually with a laser. MISSILEX (A-S) training that does not involve the

release of a live weapon can take place if the attacking platform is carrying a captive air training missile (CATM) simulating the weapon involved in the training. The CATM MISSILEX is identical to a live-fire exercise in every aspect except that a weapon is not released. The operation requires a laser-safe range as the target is designated just as in a live-fire exercise.

From 1 to 16 aircraft, carrying live, inert, or CATMs, or flying without ordnance (dry runs) are used during the exercise. At sea, seaborne powered targets (SEPTARs), Improved Surface Towed Targets (ISTTs), and decommissioned hulks are used as targets. MISSILEX (A-S) assets include helicopters and/or 1 to 16 fixed wing aircraft with air-to-surface missiles and anti-radiation missiles (electromagnetic radiation source seeking missiles). When a high-speed anti-radiation missile (HARM) is used, the exercise is called a HARMEX. Targets include SEPTARs, ISTTs, and excess ship hulks.

Surface-to-Surface Missile Exercise (S-S MISSILEX)

Surface-to-surface missile exercise (MISSILEX [S-S]) involves the attack of surface targets at sea by use of cruise missiles or other missile systems, usually by a single ship conducting training in the detection, classification, tracking and engagement of a surface target. Engagement is usually with Harpoon missiles or Standard missiles in the surface-to-surface mode. Targets could include virtual targets or the SEPTAR or ship deployed surface target. MISSILEX (S-S) training is routinely conducted on individual ships with embedded training devices.

A MISSILEX (S-S) could include 4 to 20 surface-to-surface missiles, SEPTARs, a weapons recovery boat, and a helicopter for environmental and photo evaluation. All missiles are equipped with instrumentation packages or a warhead. Surface-to-air missiles can also be used in a surface-to-surface mode. MISSILEX (S-S) activities are conducted withinW-291. Each exercise typically lasts five hours. Future MISSILEX S-S could range from 4 to 35 hours.

S-S MISSILEX exercises only occur during SINKEX exercises, and the hours of S-S MISSILEX are included in the total hours of SINKEX indicated in Table 2.

Bombing Exercise (BOMBEX)

Fixed-wing aircraft conduct bombing exercise (BOMBEX [Sea]) operations against stationary targets (MK-42 FAST or MK-58 smoke buoy) at sea. An aircraft will clear the area, deploy a smoke buoy or other floating target, and then set up a racetrack pattern, dropping on the target with each pass. A BOMBEX may involve either live or inert ordnance.

Mine Warfare (MIW)/ Mine Countermeasures (MCM)

MIW is the naval warfare area involving the detection, avoidance, and neutralization of mines to protect Navy ships and submarines, and offensive mine laying in naval operations. A naval mine is a self-contained explosive device placed in water to destroy ships or submarines. Naval mines are deposited and left in place until triggered by the approach of or a contact with an enemy ship, or are destroyed or removed. Naval mines can be laid by purpose-built minelayers, other ships, submarines, or airplanes. MIW training includes Mine Countermeasures (MCM) Exercises and Mine Laying Exercises (MINEX). MCM training is currently conducted on the Kingfisher Range and offshore areas in the Tanner and Cortes Banks. MCM training engages ships' crews in the use of sonar for mine detection and avoidance, and minefield navigation and reporting. The proposed extension of the SOAR is intended for use in such training. MINEX events involve aircraft dropping inert training shapes, and less frequently submarine mine laying. MINEX events are conducted on the MINEX Training Ranges in the Castle Rock, Eel Point, China Point, and Pyramid Head areas offshore of SCI.

Mine Neutralization operations involve the detection, identification, evaluation, rendering safe, and disposal of mines and unexploded ordnance (UXO) that constitutes a threat to ships or personnel. Mine neutralization training can be conducted by a variety of air, surface and sub-surface assets. Potential harassment would be from underwater detonation.

Tactics for neutralization of ground or bottom mines involve the diver placing a specific amount of explosives, which when detonated underwater at a specific distance from a mine results in neutralization of the mine. Floating, or moored, mines involve the diver placing a specific amount of explosives directly on the mine. Floating mines encountered by Fleet ships in open-ocean areas will be detonated at the surface. In support of an expeditionary assault, divers and Navy marine mammal assets deploy in very shallow water depths (10 to 40 feet) to locate mines and obstructions. Divers are transported to the mines by boat or helicopter. Inert dummy mines are used in the exercises. The total net explosive weight used against each mine ranges from less than 1 pound to 20 pounds.

Various types of surveying equipment may be used during mine detection. Examples include the Canadian Route Survey System that hydrographically maps the ocean floor using multi-beam side scan sonar and the Bottom Object Inspection Vehicle used for object identification. These units can help in supporting mine detection prior to Special Warfare Operations (SPECWAROPS) and amphibious exercises.

All demolition activities are conducted in accordance with established Navy guidelines and procedures for disposal of explosives at sea. Before any explosive is detonated, divers are transported a safe distance away from the explosive.

Standard practices for tethered mines in the SOCAL Range Complex require ground mine explosive charges to be suspended 10 feet below the surface of the water.

Mine neutralization exercises would involve training using Organic Airborne Mine Countermeasures (OAMCM) systems employed by helicopters in simulated threat minefields with the goal of clearing a safe channel through the minefield for the passage of friendly ships. Once a mine shape is located, mine neutralization is simulated. Helicopters engaged in MCM training would be configured with one or more of the following systems:

• AN/AQS-20 Mine Hunting System: The AQS-20 is an active high resolution, side-looking, multibeam sonar system used for mine hunting of deeper mine threats along the ocean bottom. It is towed by a helicopter. A small diameter electromechanical cable is used to tow the rapidly-deployable system that provides real-time sonar images to operators in the helicopter.

• AN/AES-1 Airborne Laser Mine Detection System (ALMDS): ALMDS is a helicopter-mounted system that uses Light Detection and Ranging (LIDAR) blue-green laser technology to detect, classify, and localize floating and near-surface moored mines in shallow water.

• AN/ALQ-220 Organic Airborne Surface Influence Sweep (OASIS). OASIS is a helicopter deployed, towed-body, 10 ft long and 20 inches in diameter that is self-contained, allowing for the emulation of magnetic and acoustic signatures of the ships.

• Airborne Mine Neutralization System (AMNS): AMNS is a helicopter-deployed underwater vehicle that searches for, locates, and destroys mines. This vehicle is a self-propelled, unmanned, wire-guided munition with

homing capability that expends itself during the mine destruction process.

• AN/AWS-2 Rapid Airborne Mine Clearance System (RAMCIS): RAMICS is a helicopter-borne weapon system that fires a 30mm projectile from a gun or cannon to neutralize surface and near-surface mines. RAMICS uses LIDAR technology to detect mines.

Mine neutralization exercises also would involve shipboard MCM systems, including the Remote Minehunting System (RMS). The RMS is an unmanned, semi-submersible vehicle that tows a variable-depth sensor to detect, localize, classify and identify mines. The RMS includes a shipboard launch and recovery system.

Mine neutralization exercises also would involve submarine-deployed MCM systems, the Long-term Mine Reconnaissance System (LMRS). The LMRS employs a self-propelled underwater vehicle equipped with forward-looking search sonar and side-looking classification sonar.

Locations proposed for mine neutralization training are: Pyramid Cove; Northwest Harbor; Kingfisher Training Range; MTR-1, MTR-2, and Advanced Research Project Agency (ARPA).

The unusual physical bathymetries, the low numbers of protected species and the training routines at the sites where these exercises are conducted combine with the unusual pressure-wave propagation characteristics of the Northwest Harbor, where multiple charges are used, to allow exceptionally reliable and effective mitigation procedures. The exceptional reliability of visual detection of protected species at these sites allows for complete mitigation within a radius that extends out to the distance at which only the lowest degree of temporary auditory threshold shift (onset-TTS) would be expected to occur (if mitigation were not so effective at the site). Therefore, the Navy and NMFS do not expect mine neutralization exercises to result in the take of marine mammals and no take authorization pursuant to this activity type has been proposed.

Shallow Water Minefield

Currently, the Navy conducts mine countermeasures (MCM) training on two existing ranges in the SOCAL Range Complex: the Kingfisher Range off SCI and the ARPA Training Minefield off La Jolla. The ARPA has historically been used for shallow water submarine and MCM training, and is the desired location for expanding MCM training. ARPA currently supports the submarine training requirement for a shallow water minefield to train in small object avoidance. Use of the ARPA shallow water minefield would be expanded from its current use by submarines to include surface ships and helicopters.

On the ARPA, 35 mine shapes approximately 30-35 inches in diameter, constructed of cylinders weighted with cement, are placed approximately 500-700 yards apart, either moored (no drilling is required) or simply set on the sea floor. Mine shapes are recoverable and replaceable, and typically need maintenance or cleaning every two years.

In addition to expanded use of the ARPA, the Navy proposes to establish an offshore shallow water minefield on Tanner Banks. The training area would be approximately 2 by 3 nm in size. Mine shapes like those used at ARPA would be placed on the ocean floor, with a total of 15 mine shapes in three rows of five. This offshore MCM range would be utilized by surface ships training to detect, classify and localize underwater mines.

MCM training involving ships or helicopters typically employ mid-to high-frequency navigation and mine detecting sonar systems. Once a mine shape is located, mine neutralization is simulated. Surface ships engaged in MCM training at ARPA and Tanner Banks MCM ranges would utilize the Remote Mine Hunting System (RMS). The RMS is an unmanned, semi-submersible vehicle that will be deployed from both the DDG-51 Class destroyer and the LCS. The RMS is launched and recovered by the host ship using a davit system. After deployment, the RMS enters the target zone to perform reconnaissance for bottom-laid mines. An area search is conducted following an operator-programmed search pattern. The RMS searches using low-power (< 85dB) acoustic sonar. Upon detecting a mine, the RMS unit will localize and photograph the object for classification, and then continue on its programmed search. When the search portion of the mission is completed, the RMS will proceed to a programmed location for recovery.

The exercises that will be conducted on these minefields have been described in previous sections and any expected take of marine mammals will be included when those exercise types are analyzed in later sections. NMFS does not expect the actual expansion and formation of the minefields to result in any take of marine mammals.

Shallow Water Training Range (SWTR) Extension

The SWTR component of the Proposed Action would provide underwater instrumentation for two additional areas of the current SOAR, one 250nm
2
(463-km
2
) area to the west of the already instrumented (deep water) section, in the area of Tanner/Cortes Banks, and one 250 nm
2
(463-km
2
) area between the deep water section and the southern section of SCI (See Figure 2-3). Once in place, the new instrumentation in the SWTR would expand the areas of the Navy's existing program on SOAR to enhance the ability to use passive hydrophones to detect and track marine mammals. If installed in these areas, use of the SWTR would increase the use of these areas for ASW training involving MFAS.

The proposed instrumentation would be in the form of undersea cables and sensor nodes. The cables and sensors would be similar to those that instrument the current deep water range at (SOAR). The new areas would form an integral SWTR capability for SOAR. The combination of deep water and shallow water instrumentation would support a seamless tracking interface from deep to shallow water, which is an essential element of effective ASW training. The instrumented area would be connected to shore via multiple trunk cables.

The SWTR instrumentation would be an undersea cables system integrated with hydrophone and underwater telephone sensors, called nodes, connected to each other and then connected by up to eight trunk cable(s) to a land-based facility where the collected range data are used to evaluate the performance of participants in shallow water (120'-600'deep) training exercises. The basic proposed features of the instrumentation and construction follow.

The transducer nodes are capable of both transmitting and receiving acoustic signals from ships operating within the instrumented areas of SOAR (a transducer is an instrument that converts one form of energy into another [in this case, underwater sound into an electrical signal or vice-versa]). Some nodes are configured to only support receiving signals, some can both transmit and receive, and others are transmit-only versions. The acoustic signals that are sent from the exercise participants (e.g., submarines, torpedoes, ships) to the receive-capable range nodes allow the position of the participants to be determined and stored electronically for both real-time and future evaluation. The transmit-capable nodes allow communication from the range to ships or other devices that are being tracked. More specifically:

• The SWTR extension would consist of no more than 500 sensor nodes spread on the ocean floor over a 500-nm

area. The distance between nodes would vary between 0.5nm and 3nm, depending on water depth. Each sensor node would be similar on construction to the existing SOAR instrumentation. The sensor nodes are small spherical shapes of less than 6 inches in diameter. The sensors would be either suspended up to 15 feet in the water column or lie flat on the seafloor. Sensor nodes located in shallow water with a presence of commercial fishing activity would have an additional protective device surrounding or overlaying a sensor. These mechanical protective devices would be 3-4 feet round or rectangular with a shallow height. The final physical characteristics of the sensor nodes would be determined based upon local geographic conditions and to accommodate man-made threats such as fishing activity. Sensor nodes would be connected to each other by interconnect cable (standard submarine telecommunications cable with diameters less than 1 inch). Approximately 900nm of interconnect cable would be deployed.

• A series of sensor nodes would be connected via the interconnect cable to an underwater junction box(es) located in diver-accessible water depths. A junction box is rectangular in shape with dimensions of 10-15 feet on each side. The junction box(es) would connect to a shore-based facility via trunk cable(s) (submarine cables up to 2 inch diameter with additional data capacity). The trunk cable(s) eliminate the need to have numerous interconnect cables running to shore. Up to 8 trunk cables with a combined length of 375nm would be employed. Trunk cables would be protected in the sea-shore area by horizontally directionally drilled pipes running beneath the shoreline.

• The interconnect and trunk cables would be deployed using a ship with a length overall up to 300 feet. The trunk cable paths would be routed through the deep water as much as is possible. Trunk cable deployed in shallow water may require cable burial. Burial equipment would cut (hard bottom) or plow (soft sediment) a furrow 4 inches (10 cm) wide by up to 36 inches deep. Burial equipment (tracked vehicle or towed plow) would be deployed from a ship. The trunk cable, which passes through the sea-shore area, would terminate in SOAR's current cable termination facility (CTF) at West Cove. From there, information gathered on the SWTR would be transmitted via an existing microwave datalink to the Southern California Offshore Range (SCORE) Range Operations Center (ROC) on Naval Air Station North Island. The adjacent SOAR has a single junction box located outside the nearshore area and places the trunk cable in a horizontally directionally drilled bore that terminates on shore. The size of the SWTR may require up to 8 junction boxes and 8 trunk cables. Multiple horizontal bores are in the SOAR. Every effort would be made to take advantage of any excess bore capacity available in the SOAR.

• The in-water instrumentation system would be structured to achieve a long operating life, with a goal of 20 years and with a minimum of maintenance and repair throughout the life-cycle. This is due to the high cost of performing at-sea repairs on transducer nodes and cables, the inherently long lead-time to plan, permit, fund and conduct such repairs (6-18 months) and the loss of range capability while awaiting completion. The long life performance would be achieved by using high quality components, proven designs, and multiple levels of redundancy in the system design. This includes back-up capacity for key electronic components and fault tolerance to the loss of individual sensors or even an entire sensor string. The use of materials capable of withstanding long term exposure to high water pressure and salt water-induced corrosion is also important. Periodic inspection and maintenance in accessible areas also extends system life.

The Navy would submit cable area coordinates to the National Geospatial Intelligence Agency (NGA) and request that the combined SWTR/SOAR area be noted on charts within the appropriate warning area. This area would be noted in the U.S. Coast Pilot as a Military Operating Area (MOA), as are other areas on the West Coast. The Navy may promulgate a Notice to Mariners (NOTMAR) and a Notice to Airmen (NOTAM) within 72 hours of the training activities, as appropriate.

Installation of the SWTR instrumentation array may be done in phases. For example, the Tanner Bank area could be installed first, followed by the eastern area. The decision as to whether or not to proceed in phases, how many phases, and the order in which the phases are executed is based on multiple factors, including weather, ship availability and capacity, production schedules for nodes and cable, installation time, total environmental impact of installation, funding availability, and efficiency.

RDT&E

Space and Naval Warfare Systems Center (SPAWARSYSCEN) conducts research, development, testing, and evaluation (RDT&E), engineering, and fleet support for command, control, and communications systems and ocean surveillance in the SOCAL Range Complex, primarily in the vicinity of SCI. Specific events include ship tracking and torpedo tests, unmanned underwater vehicle (UUV) tests; and sonobuoy quality assurance/quality control.

The San Diego Division of the Naval Undersea Warfare Center (NUWC) is a Naval Sea Systems Command (NAVSEA) organization supporting the Pacific Fleet. NUWC operates and maintains the SCI Underwater Range (SCIUR). NUWC conducts tests, analysis, and evaluation of submarine USW exercises and test programs. NUWC also provides engineering and technical support for Undersea Warfare (USW) programs and exercises, design cognizance of underwater weapons acoustic and tracking ranges and associated range equipment, and provides proof testing and evaluation for underwater weapons, weapons systems, and components.

Additional information on the Navy's proposed activities may be found in the LOA Application and Appendix A of the Navy's SOCAL DEIS.

Description of Marine Mammals in the Area of the Specified Activities

The California Current passes through the SOCAL Range Complex, creating a mixing of temperate and tropical waters, and making this area one of the most productive ocean systems in the world (Hickey 1979, Hickey 1992, Daily
et al.
1993, DoN 2002a). Because of this productive environment, there is a rich marine mammal fauna, as evidenced in abundance and species diversity (Leatherwood
et al.
, 1988; Bonnell and Dailey, 1993). In addition to many marine mammal species that live in the area year-round and use the region's coasts and islands for breeding and hauling out, there is a community of seasonal residents and migrants. The narrow continental shelf along the Pacific coast and the presence of the cold California Current sweeping down from Alaska allows cold-water marine mammal species to reach nearshore waters as far south as Baja California. The Southern California Bight (SCB) is the major geological region occurring within the SOCAL Range Complex and can be described as a complex combination of islands, ridges, and basins that exhibit wide ranges in water temperature. San Diego Bay, a naturally formed, crescent-shaped embayment is located along the southern end of the SCB (Largier, 1995; DoN, 2000); the bay provides habitat for a number of oceanic

and estuarine species as the ebb and flood of tides within the Bay circulate and mix ocean and Bay waters, creating for distinct circulation zones within San Diego Bay (
see
Chapter 2 of the application for further detail regarding these zones) (Largier
et al.
, 1996; DoN, 2000).

Populations/stocks of forty-one marine mammal species have been confirmed or may possibly occur in the study area off southern California (see Table 4), including 34 cetacean (whales, dolphins, and porpoises), six pinniped (seals, sea lions, and fur seals), and one fissiped species (the sea otter, which is managed by the U.S. Fish and Wildlife Service and will not be addressed further here). Information on marine mammal occurrence at the Point Mugu Sea Range (just to the north of the SOCAL Range Complex) is analyzed in Koski
et al.
(1998). Temperate and warm-water toothed whales often change their distribution and abundance as oceanographic conditions vary both seasonally (Forney and Barlow, 1998) and interannually (Forney 2000). Forney and Barlow (1998) noted significant north/south shifts in distribution for Dall's porpoises, common dolphins, and Pacific white-sided dolphins, and they identified significant inshore/offshore differences for northern right whale dolphins and humpback whales. Several authors have noted the impact of the El Niño events of 1982/1983 and 1997/1998 on marine mammal occurrence patterns and population dynamics in the waters off California (Wells
et al.
, 1990; Forney and Barlow, 1998; Benson
et al.
, 2002).

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The Navy has compiled information on the abundance, behavior, status and distribution, and vocalizations of marine mammal species in SOCAL Range Complex waters from peer reviewed literature, the Navy Marine Resource Assessment for the SOCAL Operating Area, NMFS Stock Assessment Reports, and marine mammal surveys using acoustics or visual observations from aircraft or ships. This information may be viewed in the Navy's LOA application and/or the Navy's DEIS for SOCAL (see Availability). Additional information is available in NMFS Stock Assessment Reports, which may be viewed at:

http://www.nmfs.noaa.gov/pr/sars/species.htm
.

Species Not Considered Further

Killer whale, Southern Resident Stock
—The Southern Resident stock of killer whale is not likely to be present within Southern California. This stock is most commonly seen in the inland waters of Washington state and southern Vancouver Island; however, individuals from this stock have been observed in Monterey Bay, California in January, 2000 and March, 2003, near the Farallon Islands in February 2005 and off Point Reyes in January 2006 (Pacific Fishery Management Council (PFMC) and NMFS 2006). Based on the above known information, there is a very low likelihood of Southern Resident killer whales being present in the action area, so this species will not be considered in greater detail.

North Pacific right whale
—The likelihood of a North Pacific right whale being present in the action area is extremely low. It may be the most endangered of the large whale species (Perry
et al.
1999) and currently there is no reliable population estimate, although the population in the eastern North Pacific Ocean is considered to be very small, perhaps in the tens to low hundreds of animals. Despite many years of systematic aerial and ship-based surveys for marine mammals off the western coast of the U.S., only seven documented sightings of right whales were made from 1990 through 2000 (Waite
et al.
, 2003). Based on this information, it is highly unlikely for this species to be present in the action area. Consequently, this species will not be considered in greater detail.

Steller sea lion (Eumetopias jubatus) Eastern Distinct Population Segment
—Steller sea lions are also not expected to be present in the action area. Steller sea lions range along the North Pacific Rim from northern Japan to California (Loughlin
et al.
, 1984), with centers of abundance and distribution in the Gulf of Alaska and Aleutian Islands, respectively. In U.S. waters, there are two separate stocks of Steller sea lions: an eastern U.S. stock, which includes animals east of Cape Suckling, Alaska (144° W longitude), and a western U.S. stock, which includes animals at and west of Cape Suckling (Loughlin 1997). The closest rookery to the action area is Año Nuevo Island, which declined by 85% between 1970 and 1987 (LeBoeuf
et al.
, 1991). Steller sea lions are rarely sighted in Southern California waters and have not been documented interacting with southern California fisheries in over a decade. The last documented interaction with California-based fisheries was in northern California, in 1994, with the California/Oregon drift gillnet fishery (NMFS, 2000). The last sighting of a Steller sea lion in Southern California was that of a subadult male that was briefly on San Miguel Island in 1998 (Thorson
et al.
, 1998). For the reasons listed above, Steller sea lions are not likely to be present in the action area, and will not be considered in greater detail.

Marine Mammal Density Estimates

The southern California region has been systematically surveyed for several years (1991-1993, 1996, 2001, 2005) by the National Marine Fisheries Service (NMFS), both via aircraft (e.g., Carretta and Forney, 1993) and vessel (e.g., Ferguson and Barlow, 2003; Barlow, 2003; Forney, 2007). The most recent vessel survey was conducted in the U.S. Exclusive Economic Zone (EEZ) out to 300 nm offshore of California, Oregon and Washington by NMFS in summer and fall 2005 (Barlow, 2007; Forney, 2007). There has also been regional survey effort in the area of the proposed action, particularly around San Clemente Island and in extreme near shore areas (e.g., Carretta
et al.
, 2000; Carretta, 2003). Consequently there are several density estimates available for most cetacean species in southern California.

For this LOA, NMFS Southwest Fisheries Science Center calculated marine mammal density estimates based on compiled densities from vessel surveys conducted from 1986 to 2005, and provided it to the Navy as Government Furnished Information (GFI). A new multiple-covariate, line-transect approach (Marques and Buckland, 2003) was used to account for multiple factors that affect the distance at which cetaceans can be seen in different conditions. Other computational procedures were as described in Barlow (2007) and Forney (2007).

These density compilations prorate densities of “unidentified” species groups (such as unidentified dolphins, small whales, rorquals, large whales, etc.) with densities of identified species, so likely represent the most conservative densities at this time for the southern California region. Densities are presented for warm (May-October) and cold water (November-April) seasons north of 30° N, which is the southern extent of NMFS marine mammal survey cruises. Gray whale densities were taken from Carretta
et al.
(2000), and are applicable for January-April only. The geographic distributions of cetacean species for which densities are available off southern California overlap completely with all eight sonar areas (shown in Figure 3-1 of the application), so further refinement of densities to sonar areas was not necessary. Area 8 includes all areas outside the previous seven areas that are within the quasi-rectangular region bounded in latitude by 29° N and 34° N, and in longitude by 120°30′ W and 116°30′ W but is not indicated in Figure 3-1 of the application.

Pinniped at-sea density is not often known because pinniped abundance is obtained via shore counts of animals at known rookeries and haulouts. Therefore, densities of pinnipeds were derived quite differently from those of cetaceans. Several parameters were identified from the literature, including area of stock occurrence, number of animals (which may vary seasonally) and season, and those parameters were then used to calculate density. Once density per “pinniped season” was determined, those values were prorated to fit the warm water (May-October) and cold water (November-April) seasons. Pinniped geographic distributions do not overlap all sonar areas, so density was further refined as the percentage of each sonar area actually overlapped by the species distribution. Determining density in this manner is risky as the parameters used usually contain error (e.g., geographic range is not exactly known and needs to be estimated, abundance estimates usually have large variances) and, as is true of all density estimates, it assumes that animals are always distributed evenly within an area which is likely never true. However, this remains one of the few means available to determine at-sea density for pinnipeds.

The detailed density estimate methods and results may be viewed in Section 3.5 of the Navy's LOA application. Density and abundance are summarized in Table 13.

Depth Distribution of Marine Mammals

There are limited depth distribution data for most marine mammals. This is especially true for cetaceans, as they must be tagged at-sea and by using a tag that either must be implanted in the skin/blubber in some manner or adhere to the skin. There is slightly more data for some pinnipeds, as they can be tagged while on shore during breeding or molting seasons and the tags can be glued to the pelage rather than implanted. There are a few different methodologies/techniques that can be used to determine depth distribution percentages, but by far the most widely used technique currently is the time-depth recorder. These instruments are attached to the animal for a fairly short

period of time (several hours to a few days) via a suction cup or glue, and then retrieved immediately after detachment or when the animal returns to the beach. Depth information can also be collected via satellite tags, sonic tags, digital tags, and, for sperm whales, via acoustic tracking of sounds produced by the animal itself.

There are somewhat suitable depth distribution data for a few marine mammal species. Sample sizes are usually extremely small, nearly always fewer than 10 animals total and often only one or two animals. Depth distribution information often must be interpreted from other dive and/or preferred prey characteristics. Depth distributions for species for which no data are available can be extrapolated from similar species.

Density is nearly always reported for an area, e.g., animals/km
2
. Analyses of survey results using Distance Sampling techniques include correction factors for animals at the surface but not seen as well as animals below the surface and not seen. Therefore, although the area (e.g., km
2
) appears to represent only the surface of the water (two-dimensional), density actually implicitly includes animals anywhere within the water column under that surface area. Density assumes that animals are uniformly distributed within the prescribed area, even though this is likely rarely true. Marine mammals are usually clumped in areas of greater importance, for example, areas of high productivity, lower predation, safe calving, etc. Density estimates are typically derived for large areas by NMFS, for instance the All California and Point Conception south stratas presented in Forney and Barlow, 2007. Often scientific information on smaller scale distribution and density within discrete areas such as the SOCAL modeling areas used in the acoustic impact analysis is lacking and larger scale densities have to be used as an approximate. The available NMFS derived density estimates are therefore used in lieu of small scale density estimates. In addition, as a further conservative approach, these densities are evenly distributed across a given model area since the degree of daily, seasonal, and yearly presence/absence or spatial clumping is currently not well known for many species.

Assuming that marine mammals are distributed evenly within the water column is not accurate. The ever-expanding database of marine mammal behavioral and physiological parameters obtained through tagging and other technologies has demonstrated that marine mammals use the water column in various ways, with some species capable of regular deep dives (<800 m) and others regularly diving to <200 m, regardless of the bottom depth. Assuming that all species are evenly distributed from surface to bottom is almost never appropriate and can present a distorted view of marine mammal distribution in any region.

By combining marine mammal density with depth distribution information, as is done for the SOCAL Range Complex, a more accurate three-dimensional density estimate is possible. These 3-D estimates allow more accurate modeling of potential marine mammal exposures from specific noise sources. Complete details on species biological parameters used in sonar and explosives modeling are provided in Appendix F to the SOCAL DEIS.

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 (for the MFAS/HFAS considered in this proposed rule, the medium is marine water). Pressure variations are created by compressing and relaxing the medium. 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, it is derived 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 power (e.g., 20 dB is a 100-fold increase, 30 dB is a 1,000-fold increase). Humans perceive a 10-dB increase in noise as a doubling of loudness, or a 10 dB decrease in noise 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 water and air, a sound with the same intensity (i.e., power) in air and in water would be approximately 63 dB quieter in air. Thus a sound that is 160 dB loud underwater would have the same approximate effective intensity as a sound that is 97 dB loud 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”; explosives are an example of a broadband sound source and active tactical sonars are an example of a narrowband 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) designate “functional hearing groups” for marine mammals and estimate 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 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 22 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.

Because ears adapted to function underwater are physiologically different from human ears, comparisons using decibel measurements in air would still not be adequate to describe the effects of a sound on a whale. When sound travels away from its source, its loudness decreases as the distance traveled (propagates) 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 measured one meter from the source) as the source level and the loudness of sound elsewhere as the received level. For example, a humpback whale three kilometers from an airgun that has a source level of 230 dB may only be exposed to sound that is 160 dB loud, depending on how the sound propagates (in this example, it is spherical spreading). As a result, it is important not to confuse 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 MFAS/HFAS 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 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. The commonly used reference pressure level in underwater acoustics is 1 μPa, and the units for SPLs are dB re: 1 μPa.

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

SPL is an instantaneous measurement and can be expressed as the peak, the peak-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 risk continuum, which is used to estimate behavioral harassment takes (see Level B Harassment Risk Function (Behavioral Harassment) Section).

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 MFAS/HFAS, 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 higher SEL.

If an animal is exposed to multiple pings, the SEL in each individual ping is summed to calculate the total SEL. The total SEL depends on the SPL, duration, and number of pings received. The thresholds that NMFS uses to indicate at what received level the onset of temporary threshold shift (TTS) and permanent threshold shift (PTS) in hearing are likely to occur are expressed in SEL.

Potential Effects of Specified Activities on Marine Mammals

Exposure to MFAS/HFAS

The Navy has requested authorization for the take of marine mammals that may occur incidental to training activities in the SOCAL Range Complex utilizing MFAS/HFAS or underwater detonations. The Navy has analyzed the potential impacts to marine mammals from training activities in the SOCAL Range Complex, including ship strike, entanglement in or direct strike by expended materials, ship noise, and others, and in consultation with NMFS as a cooperating agency for the SOCAL EIS, has determined that take of marine mammals incidental to these non-acoustic components of SOCAL is unlikely and, therefore, has not requested authorization for take of marine mammals that might occur incidental to these non-acoustic components. In this document, NMFS analyzes the potential effects on marine mammals from exposure to MFAS/HFAS and underwater detonations from the IEER.

For the purpose of MMPA authorizations, NMFS' effects assessments serve three primary purposes: (1) to put forth the permissible methods of taking within the context of MMPA Level B Harassment (behavioral harassment), Level A Harassment (injury), and mortality (i.e., identify the number and types of take that will occur); (2) to determine whether the specified activity will have a negligible impact on the affected species or stocks of marine mammals (based on the likelihood that the activity will adversely affect the species or stock through effects on annual rates of recruitment or survival); and (3) to determine whether the specified activity will have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (however, there are no subsistence communities that would be affected in the SOCAL Range Complex, so this determination is inapplicable for SOCAL).

More specifically, for activities involving sonar or underwater detonations, NMFS' analysis will identify the probability of lethal responses, physical trauma, sensory impairment (permanent and temporary

threshold shifts and acoustic masking), physiological responses (particular stress responses), behavioral disturbance (that rises to the level of harassment), and social responses that would be classified as behavioral harassment or injury and/or would be likely to adversely affect the species or stock through effects on annual rates of recruitment or survival. In this section, we will focus qualitatively on the different ways that MFAS/HFAS and underwater explosive detonations (IEER) may affect marine mammals (some of which NMFS would not classify as harassment). Then, in the Estimated Take of Marine Mammals Section, NMFS will relate the potential effects to marine mammals from MFAS/HFAS and underwater detonation of explosives to the MMPA regulatory definitions of Level A and Level B Harassment and attempt to quantify those effects.

In its June 21, 2008, Biological Opinion of the U.S. Navy's proposal to conduct MFAS in the Hawaii Range Complex, NMFS presented a conceptual model of the potential responses of endangered and threatened species upon being exposed to MFAS/HFAS and the pathways by which those responses might affect the fitness of individual animals that have been exposed, which may then affect the reproduction and/or survival of those individuals. Literature supporting the framework, with examples drawn from many taxa (both aquatic and terrestrial) was included in the “Application of this Approach” and “Response Analyses” sections of that document (available at:
http://www.nmfs.noaa.gov/pr/permits/incidental.htm
). This conceptual framework may also be used to describe the responses and pathways for non-endangered and non-threatened species and is included in Biological Opinion of the U.S. Navy's proposal to conduct MFAS in the Hawaii Range Complex.

Direct Physiological Effects

Based on the literature, there are two basic ways that MFAS/HFAS might directly result in physical trauma or damage: Noise-induced loss of hearing sensitivity (more commonly called “threshold shift”) and acoustically mediated bubble growth. Separately, an animal's behavioral reaction to an acoustic exposure might lead to physiological effects that might ultimately lead to injury or death, which is discussed later in the Stranding section.

Threshold Shift (Noise-Induced Loss of Hearing)

When animals exhibit reduced hearing sensitivity (i.e., sounds must be louder for an animal to recognize them) following exposure to a sufficiently intense sound, it is referred to as a noise-induced threshold shift (TS). An animal can experience temporary threshold shift (TTS) or permanent threshold shift (PTS). TTS can last from minutes or hours to days (i.e., there is recovery), occurs in specific frequency ranges (i.e., an animal might only have a temporary loss of hearing sensitivity between the frequencies of 1 and 10 kHz), and can be of varying amounts (for example, an animal's hearing sensitivity might be reduced by only 6 dB or reduced by 30 dB). PTS is permanent (i.e., there is no recovery), but also occurs in a specific frequency range and amount as mentioned above for TTS.

The following physiological mechanisms are thought to play a role in inducing auditory TSs: Effects to sensory hair cells in the inner ear that reduce their sensitivity, modification of the chemical environment within the sensory cells, residual muscular activity in the middle ear, displacement of certain inner ear membranes, increased blood flow, and post-stimulatory reduction in both efferent and sensory neural output (Southall
et al.
, 2007). The amplitude, duration, frequency, temporal pattern, and energy distribution of sound exposure all affect the amount of associated TS and the frequency range in which it occurs. As amplitude and duration of sound exposure increase, so, generally, does the amount of TS, along with the recovery time. For continuous sounds, exposures of equal energy (the same SEL) will lead to approximately equal effects. For intermittent sounds, less TS will occur than from a continuous exposure with the same energy (some recovery will occur between intermittent exposures) (Kryter
et al.
, 1966; Ward, 1997). For example, one short but loud (higher SPL) sound exposure may induce the same impairment as one longer but softer sound, which in turn may cause more impairment than a series of several intermittent softer sounds with the same total energy (Ward, 1997). Additionally, though TTS is temporary, very prolonged exposure to sound strong enough to elicit TTS, or shorter-term exposure to sound levels well above the TTS threshold, can cause PTS, at least in terrestrial mammals (Kryter, 1985) (although in the case of MFAS/HFAS, animals are not expected to be exposed to levels high enough or durations long enough to result in PTS).

PTS is considered auditory injury (Southall
et al.
, 2007). Irreparable damage to the inner or outer cochlear hair cells may cause PTS; however, other mechanisms are also involved, such as exceeding the elastic limits of certain tissues and membranes in the middle and inner ears and resultant changes in the chemical composition of the inner ear fluids (Southall
et al.
, 2007).

Although the published body of scientific literature contains numerous theoretical studies and discussion papers on hearing impairments that can occur with exposure to a loud sound, only a few studies provide empirical information on the levels at which noise-induced loss in hearing sensitivity occurs in nonhuman animals. For cetaceans, published data on the onset of TTS are limited to the captive bottlenose dolphin and beluga (Finneran
et al.
, 2000, 2002b, 2005a; Schlundt
et al.
, 2000; Nachtigall
et al.
, 2003, 2004). For pinnipeds in water, data are limited to Kastak
et al.
's measurement of TTS in one harbor seal, one elephant seal, and one California sea lion.

Marine mammal hearing plays a critical role in communication with conspecifics, and interpretation of environmental cues for purposes such as predator avoidance and prey capture. Depending on the degree (elevation of threshold in dB), duration (i.e., recovery time), and frequency range of TTS, and the context in which it is experienced, TTS can have effects on marine mammals ranging from discountable to serious (similar to those discussed in auditory masking, below). For example, a marine mammal may be able to readily compensate for a brief, relatively small amount of TTS in a non-critical frequency range that takes place during a time when the animal is traveling through the open ocean, where ambient noise is lower and there are not as many competing sounds present. Alternatively, a larger amount and longer duration of TTS sustained during time when communication is critical for successful mother/calf interactions could have more serious impacts. Also, depending on the degree and frequency range, the effects of PTS on an animal could range in severity, although it is considered generally more serious because it is a permanent condition. Of note, reduced hearing sensitivity as a simple function of development and aging has been observed in marine mammals, as well as humans and other taxa (Southall
et al.
, 2007), so we can infer that strategies exist for coping with

this condition to some degree, though likely not without cost. There is no empirical evidence that exposure to MFAS/HFAS can cause PTS in any marine mammals; instead the probability of PTS has been inferred from studies of TTS (see Richardson
et al.
, 1995).

Acoustically Mediated Bubble Growth

One theoretical cause of injury to marine mammals is rectified diffusion (Crum and Mao, 1996), the process of increasing the size of a bubble by exposing it to a sound field. This process could be facilitated if the environment in which the ensonified bubbles exist is supersaturated with gas. Repetitive diving by marine mammals can cause the blood and some tissues to accumulate gas to a greater degree than is supported by the surrounding environmental pressure (Ridgway and Howard, 1979). The deeper and longer dives of some marine mammals (for example, beaked whales) are theoretically predicted to induce greater supersaturation (Houser
et al.
, 2001b). If rectified diffusion were possible in marine mammals exposed to high-level sound, conditions of tissue supersaturation could theoretically speed the rate and increase the size of bubble growth. Subsequent effects due to tissue trauma and emboli would presumably mirror those observed in humans suffering from decompression sickness.

It is unlikely that the short duration of MFAS pings would be long enough to drive bubble growth to any substantial size, if such a phenomenon occurs. However, an alternative but related hypothesis has also been suggested: Stable bubbles could be destabilized by high-level sound exposures such that bubble growth then occurs through static diffusion of gas out of the tissues. In such a scenario the marine mammal would need to be in a gas-supersaturated state for a long enough period of time for bubbles to become of a problematic size.

Yet another hypothesis (decompression sickness) has speculated that rapid ascent to the surface following exposure to a startling sound might produce tissue gas saturation sufficient for the evolution of nitrogen bubbles (Jepson
et al.
, 2003; Fernandez
et al.
, 2005). In this scenario, the rate of ascent would need to be sufficiently rapid to compromise behavioral or physiological protections against nitrogen bubble formation. Collectively, these hypotheses can be referred to as “hypotheses of acoustically mediated bubble growth.”

Although theoretical predictions suggest the possibility for acoustically mediated bubble growth, there is considerable disagreement among scientists as to its likelihood (Piantadosi and Thalmann, 2004; Evans and Miller, 2003). Crum and Mao (1996) hypothesized that received levels would have to exceed 190 dB in order for there to be the possibility of significant bubble growth due to supersaturation of gases in the blood (i.e., rectified diffusion). More recent work conducted by Crum
et al.
(2005) demonstrated the possibility of rectified diffusion for short duration signals, but at SELs and tissue saturation levels that are highly improbable to occur in diving marine mammals. To date, Energy Levels (ELs) predicted to cause in vivo bubble formation within diving cetaceans have not been evaluated (NOAA, 2002b). Although it has been argued that traumas from some recent beaked whale strandings are consistent with gas emboli and bubble-induced tissue separations (Jepson
et al.
, 2003), there is no conclusive evidence of this. However, Jepson
et al.
(2003, 2005) and Fernandez
et al.
(2004, 2005) concluded that in vivo bubble formation, which may be exacerbated by deep, long-duration, repetitive dives may explain why beaked whales appear to be particularly vulnerable to MFAS/HFAS exposures. Further investigation is needed to further assess the potential validity of these hypotheses. More information regarding hypotheses that attempt to explain how behavioral responses to MFAS/HFAS can lead to strandings is included in the Behaviorally Mediated Bubble Growth Section, after the summary of strandings.

Acoustic Masking

Marine mammals use acoustic signals for a variety of purposes, which differ among species, but include communication between individuals, navigation, foraging, reproduction, and learning about their environment (Erbe and Farmer, 2000; Tyack, 2000). Masking, or auditory interference, generally occurs when sounds in the environment are louder than and of a similar frequency to, auditory signals an animal is trying to receive. Masking is a phenomenon that affects animals that are trying to receive acoustic information about their environment, including sounds from other members of their species, predators, prey, and sounds that allow them to orient in their environment. Masking these acoustic signals can disturb the behavior of individual animals, groups of animals, or entire populations.

The extent of the masking interference depends on the spectral, temporal, and spatial relationships between the signals an animal is trying to receive and the masking noise, in addition to other factors. In humans, significant masking of tonal signals occurs as a result of exposure to noise in a narrow band of similar frequencies. As the sound level increases, though, the detection of frequencies above those of the masking stimulus decreases also. This principle is expected to apply to marine mammals as well because of common biomechanical cochlear properties across taxa.

Richardson
et al.
(1995b) argued that the maximum radius of influence of an industrial noise (including broadband low-frequency sound transmission) on a marine mammal is the distance from the source to the point at which the noise can barely be heard. This range is determined by either the hearing sensitivity of the animal or the background noise level present. Industrial masking is most likely to affect some species' ability to detect communication calls and natural sounds (i.e., surf noise, prey noise, etc.; Richardson
et al.
, 1995).

The echolocation calls of toothed whales are subject to masking by high-frequency sound. Human data indicate low-frequency sound can mask high-frequency sounds (i.e., upward masking). Studies on captive odontocetes by Au
et al.
(1974, 1985, 1993) indicate that some species may use various processes to reduce masking effects (e.g., adjustments in echolocation call intensity or frequency as a function of background noise conditions). There is also evidence that the directional hearing abilities of odontocetes are useful in reducing masking at the high-frequencies these cetaceans use to echolocate, but not at the low-to-moderate frequencies they use to communicate (Zaitseva
et al.
, 1980). A recent study by Nachtigall and Supin (2008) showed that false killer whales adjust their hearing to compensate for ambient sounds and the intensity of returning echolocation signals.

Nachtigall, P.E. and A.Y. Supin. 2008

As mentioned previously, the functional hearing ranges of mysticetes, odontocetes, and pinnipeds underwater all encompass the frequencies of the MFAS/HFAS sources used in the Navy's MFAS/HFAS training exercises. Additionally, in almost all species, vocal repertoires span across the frequencies of these MFAS/HFAS sources used by the Navy. The closer the characteristics of the masking signal to the signal of interest, the more likely

masking is to occur. For hull-mounted MFAS/HFAS—which accounts for the largest part of the takes of marine mammals (because of the source strength and number of hours it's conducted), the pulse length and duty cycle of the MFAS/HFAS signal (~ 1 second pulse twice a minute) makes it less likely that masking will occur as a result.

Impaired Communication

In addition to making it more difficult for animals to perceive acoustic cues in their environment, anthropogenic sound presents separate challenges for animals that are vocalizing. When they vocalize, animals are aware of environmental conditions that affect the “active space” of their vocalizations, which is the maximum area within which their vocalizations can be detected before it drops to the level of ambient noise (Brenowitz, 2004; Brumm
et al.
, 2004; Lohr
et al.
, 2003). Animals are also aware of environmental conditions that affect whether listeners can discriminate and recognize their vocalizations from other sounds, which is more important than simply detecting that a vocalization is occurring (Brenowitz, 1982; Brumm
et al.
, 2004; Dooling, 2004, Marten and Marler, 1977; Patricelli
et al.
, 2006). Most animals that vocalize have evolved with an ability to make adjustments to their vocalizations to increase the signal-to-noise ratio, active space, and recognizability/distinguishability of their vocalizations in the face of temporary changes in background noise (Brumm
et al.
, 2004; Patricelli
et al.
, 2006). Vocalizing animals can make one or more of the following adjustments to their vocalizations: Adjust the frequency structure; adjust the amplitude; adjust temporal structure; or adjust temporal delivery (see Biological Opinion).

Many animals will combine several of these strategies to compensate for high levels of background noise. Anthropogenic sounds that reduce the signal-to-noise ratio of animal vocalizations, increase the masked auditory thresholds of animals listening for such vocalizations, or reduce the active space of an animal's vocalizations impair communication between animals. Most animals that vocalize have evolved strategies to compensate for the effects of short-term or temporary increases in background or ambient noise on their songs or calls. Although the fitness consequences of these vocal adjustments remain unknown, like most other trade-offs animals must make, some of these strategies probably come at a cost (Patricelli
et al.
, 2006). For example, vocalizing more loudly in noisy environments may have energetic costs that decrease the net benefits of vocal adjustment and alter a bird's energy budget (Brumm, 2004; Wood and Yezerinac, 2006). Shifting songs and calls to higher frequencies may also impose energetic costs (Lambrechts, 1996).

Stress Responses

Classic stress responses begin when an animal's central nervous system perceives a potential threat to its homeostasis. That perception triggers stress responses regardless of whether a stimulus actually threatens the animal; the mere perception of a threat is sufficient to trigger a stress response (Moberg, 2000; Sapolsky
et al.
, 2005; Seyle, 1950). Once an animal's central nervous system perceives a threat, it mounts a biological response or defense that consists of a combination of the four general biological defense responses: Behavioral responses, autonomic nervous system responses, neuroendocrine responses, or immune response.

In the case of many stressors, an animal's first and most economical (in terms of biotic costs) response is behavioral avoidance of the potential stressor or avoidance of continued exposure to a stressor. An animal's second line of defense to stressors involves the sympathetic part of the autonomic nervous system and the classical “fight or flight” response which includes the cardiovascular system, the gastrointestinal system, the exocrine glands, and the adrenal medulla to produce changes in heart rate, blood pressure, and gastrointestinal activity that humans commonly associate with “stress.” These responses have a relatively short duration and may or may not have significant long-term effect on an animal's welfare.

An animal's third line of defense to stressors involves its neuroendocrine or sympathetic nervous systems; the system that has received the most study has been the hypothalamus-pituitary-adrenal system (also known as the HPA axis in mammals or the hypothalamus-pituitary-interrenal axis in fish and some reptiles). Unlike stress responses associated with the autonomic nervous system, virtually all neuro-endocrine functions that are affected by stress—including immune competence, reproduction, metabolism, and behavior—are regulated by pituitary hormones. Stress-induced changes in the secretion of pituitary hormones have been implicated in failed reproduction (Moberg, 1987; Rivier, 1995) and altered metabolism (Elasser
et al.
, 2000), reduced immune competence (Blecha, 2000) and behavioral disturbance. Increases in the circulation of glucocorticosteroids (cortisol, corticosterone, and aldosterone in marine mammals; see Romano
et al.
, 2004) have been equated with stress for many years.

The primary distinction between stress (which is adaptive and does not normally place an animal at risk) and distress is the biotic cost of the response. During a stress response, an animal uses glycogen stores that can be quickly replenished once the stress is alleviated. In such circumstances, the cost of the stress response would not pose a risk to the animal's welfare. However, when an animal does not have sufficient energy reserves to satisfy the energetic costs of a stress response, energy resources must be diverted from other biotic function, which impairs those functions that experience the diversion. For example, when mounting a stress response diverts energy away from growth in young animals, those animals may experience stunted growth. When mounting a stress response diverts energy from a fetus, an animal's reproductive success and its fitness will suffer. In these cases, the animals will have entered a pre-pathological or pathological state which is called “distress” (sensu Seyle, 1950) or “allostatic loading” (sensu McEwen and Wingfield, 2003). This pathological state will last until the animal replenishes its biotic reserves sufficient to restore normal function.

Relationships between these physiological mechanisms, animal behavior, and the costs of stress responses have also been documented fairly well through controlled experiment; because this physiology exists in every vertebrate that has been studied, it is not surprising that stress responses and their costs have been documented in both laboratory and free-living animals (for examples see, Holberton
et al.
, 1996; Hood
et al.
, 1998; Jessop
et al.
, 2003; Krausman
et al.
, 2004; Lankford
et al.
, 2005; Reneerkens
et al.
, 2002; Thompson and Hamer, 2000). Although no information has been collected on the physiological responses of marine mammals to exposure to anthropogenic sounds, studies of other marine animals and terrestrial animals would lead us to expect some marine mammals to experience physiological stress responses and, perhaps, physiological responses that would be classified as “distress” upon exposure to high frequency, mid-frequency and low-frequency sounds.

For example, Jansen (1998) reported on the relationship between acoustic

exposures and physiological responses that are indicative of stress responses in humans (for example, elevated respiration and increased heart rates). Jones (1998) reported on reductions in human performance when faced with acute, repetitive exposures to acoustic disturbance. Trimper
et al.
(1998) reported on the physiological stress responses of osprey to low-level aircraft noise while Krausman
et al.
(2004) reported on the auditory and physiology stress responses of endangered Sonoran pronghorn to military overflights. Smith
et al.
(2004a, 2004b) identified noise-induced physiological transient stress responses in hearing-specialist fish (
i.e.
, goldfish) that accompanied short- and long-term hearing losses. Welch and Welch (1970) reported physiological and behavioral stress responses that accompanied damage to the inner ears of fish and several mammals.

Hearing is one of the primary senses marine mammals use to gather information about their environment and to communicate with conspecifics. Although empirical information on the relationship between sensory impairment (TTS, PTS, and acoustic masking) on marine mammals remains limited, it seems reasonable to assume that reducing an animal's ability to gather information about its environment and to communicate with other members of its species would be stressful for animals that use hearing as their primary sensory mechanism. Therefore, we assume that acoustic exposures sufficient to trigger onset PTS or TTS would be accompanied by physiological stress responses because terrestrial animals exhibit those responses under similar conditions (NRC, 2003). More importantly, marine mammals might experience stress responses at received levels lower than those necessary to trigger onset TTS. Based on empirical studies of the time required to recover from stress responses (Moberg, 2000), NMFS also assumes that stress responses could persist beyond the time interval required for animals to recover from TTS and might result in pathological and pre-pathological states that would be as significant as behavioral responses to TTS.

Behavioral Disturbance

Behavioral responses to sound are highly variable and context-specific. Many different variables can influence an animal's perception of and response to (nature and magnitude) an acoustic event. An animal's prior experience with a sound or sound source effects whether it is less likely (habituation) or more likely (sensitization) to respond to certain sounds in the future (animals can also be innately pre-disposed to respond to certain sounds in certain ways) (Southall
et al.
, 2007). Related to the sound itself, the perceived nearness of the sound, bearing of the sound (approaching vs. retreating), similarity of a sound to biologically relevant sounds in the animal's environment (i.e., calls of predators, prey, or conspecifics), and familiarity of the sound may effect the way an animal responds to the sound (Southall
et al.
, 2007). Individuals (of different age, gender, reproductive status, etc.) among most populations will have variable hearing capabilities, and differing behavioral sensitivities to sounds that will be affected by prior conditioning, experience, and current activities of those individuals. Often, specific acoustic features of the sound and contextual variables (i.e., proximity, duration, or recurrence of the sound or the current behavior that the marine mammal is engaged in or its prior experience), as well as entirely separate factors such as the physical presence of a nearby vessel, may be more relevant to the animal's response than the received level alone.

Exposure of marine mammals to sound sources can result in (but is not limited to) the following observable responses: Increased alertness; orientation or attraction to a sound source; vocal modifications; cessation of feeding; cessation of social interaction; alteration of movement or diving behavior; habitat abandonment (temporary or permanent); and, in severe cases, panic, flight, stampede, or stranding, potentially resulting in death (Southall
et al.
, 2007). A review of marine mammal responses to anthropogenic sound was first conducted by Richardson (1995). A more recent review (Nowacek
et al.
, 2007) addresses studies conducted since 1995 and focuses on observations where the received sound level of the exposed marine mammal(s) was known or could be estimated. The following sub-sections provide examples of behavioral responses that provide an idea of the variability in behavioral responses that would be expected given the differential sensitivities of marine mammal species to sound and the wide range of potential acoustic sources to which a marine mammal may be exposed. Estimates of the types of behavioral responses that could occur for a given sound exposure should be determined from the literature that is available for each species, or extrapolated from closely related species when no information exists.

Flight Response
—A flight response is a dramatic change in normal movement to a directed and rapid movement away from the perceived location of a sound source. Relatively little information on flight responses of marine mammals to anthropogenic signals exist, although observations of flight responses to the presence of predators have occurred (Connor and Heithaus, 1996). Flight responses have been speculated as being a component of marine mammal strandings associated with MFAS activities (Evans and England, 2001).

Response to Predator
—Evidence suggests that at least some marine mammals have the ability to acoustically identify potential predators. For example, harbor seals that reside in the coastal waters off British Columbia are frequently targeted by certain groups of killer whales, but not others. The seals discriminate between the calls of threatening and non-threatening killer whales (Deecke
et al.
, 2002), a capability that should increase survivorship while reducing the energy required for attending to and responding to all killer whale calls.

Diving
—Changes in dive behavior can vary widely. They may consist of increased or decreased dive times and surface intervals as well as changes in the rates of ascent and descent during a dive. Variations in dive behavior may reflect interruptions in biologically significant activities (e.g., foraging) or they may be of little biological significance. Variations in dive behavior may also expose an animal to potentially harmful conditions (e.g., increasing the chance of ship-strike) or may serve as an avoidance response that enhances survivorship. The impact of a variation in diving resulting from an acoustic exposure depends on what the animal is doing at the time of the exposure and the type and magnitude of the response.

Nowacek
et al.
(2004) reported disruptions of dive behaviors in foraging North Atlantic right whales when exposed to an alerting stimulus, an action, they noted, that could lead to an increased likelihood of ship strike. However, the whales did not respond to playbacks of either right whale social sounds or vessel noise, highlighting the importance of the sound characteristics in producing a behavioral reaction. Conversely, Indo-Pacific humpback dolphins have been observed to dive for longer periods of time in areas where vessels were present and/or approaching (Ng and Leung, 2003). In both of these studies, the influence of the sound exposure cannot be decoupled from the physical presence of a surface vessel, thus complicating

interpretations of the relative contribution of each stimulus to the response. Indeed, the presence of surface vessels, their approach and speed of approach, seemed to be significant factors in the response of the Indo-Pacific humpback dolphins (Ng and Leung, 2003). Low frequency signals of the Acoustic Thermometry of Ocean Climate (ATOC) sound source were not found to affect dive times of humpback whales in Hawaiian waters (Frankel and Clark, 2000) or to overtly affect elephant seal dives (Costa
et al.
, 2003). They did, however, produce subtle effects that varied in direction and degree among the individual seals, illustrating the equivocal nature of behavioral effects and consequent difficulty in defining and predicting them.

Due to past incidents of beaked whale strandings associated with MFAS operations, feedback paths are provided between avoidance and diving and indirect tissue effects. This feedback accounts for the hypothesis that variations in diving behavior and/or avoidance responses can possibly result in nitrogen tissue supersaturation and nitrogen off-gassing, possibly to the point of deleterious vascular bubble formation (Jepson
et al.
, 2003).

Foraging
—Disruption of feeding behavior can be difficult to correlate with anthropogenic sound exposure, so it is usually inferred by observed displacement from known foraging areas, the appearance of secondary indicators (e.g., bubble nets or sediment plumes), or changes in dive behavior. Noise from seismic surveys was not found to impact the feeding behavior in western grey whales off the coast of Russia (Yazvenko
et al.
, 2007) and sperm whales engaged in foraging dives did not abandon dives when exposed to distant signatures of seismic airguns (Madsen
et al.
, 2006). Balaenopterid whales exposed to moderate low-frequency signals similar to the ATOC sound source demonstrated no variation in foraging activity (Croll
et al.
, 2001), whereas five out of six North Atlantic right whales exposed to an acoustic alarm interrupted their foraging dives (Nowacek
et al.
, 2004). Although the received sound pressure level at the animals was similar in the latter two studies, the frequency, duration, and temporal pattern of signal presentation were different. These factors, as well as differences in species sensitivity, are likely contributing factors to the differential response. A determination of whether foraging disruptions incur fitness consequences will require information on or estimates of the energetic requirements of the individuals and the relationship between prey availability, foraging effort and success, and the life history stage of the animal.

Breathing
—Variations in respiration naturally vary with different behaviors and variations in respiration rate as a function of acoustic exposure can be expected to co-occur with other behavioral reactions, such as a flight response or an alteration in diving. However, respiration rates in and of themselves may be representative of annoyance or an acute stress response. Mean exhalation rates of gray whales at rest and while diving were found to be unaffected by seismic surveys conducted adjacent to the whale feeding grounds (Gailey
et al.
, 2007). Studies with captive harbor porpoises showed increased respiration rates upon introduction of acoustic alarms (Kastelein
et al.
, 2001; Kastelein
et al.
, 2006a) and emissions for underwater data transmission (Kastelein
et al.
, 2005). However, exposure of the same acoustic alarm to a striped dolphin under the same conditions did not elicit a response (Kastelein
et al.
, 2006a), again highlighting the importance in understanding species differences in the tolerance of underwater noise when determining the potential for impacts resulti

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE8-23618. Public record. Not legal advice.