# Taking and Importing Marine Mammals; Military Training Activities and Research, Development, Testing and Evaluation Conducted Within the Mariana Islands Range Complex (MIRC)

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URL: https://www.frixlaw.com/law-library/documents/fr%3AE9-24837

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** October 20, 2009
- **Citation:** 74 FR 53796

## Text

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 218
[Docket No. 0907281180-91190-01]
RIN 0648-AX90
Taking and Importing Marine Mammals; Military Training Activities and Research, Development, Testing and Evaluation Conducted Within the Mariana Islands Range Complex (MIRC)

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 for the Department of Defense (including the Navy, the U.S. Air Force (USAF), and the U.S. Marine Corps (USMC)) to take marine mammals incidental to training activities conducted in the Mariana Islands Range Complex (MIRC) study area for the period of March 2010 through February 2015 (amended from the initial request for January 2010 through December 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 19, 2009.

ADDRESSES:

You may submit comments, identified by 0648-AX90, 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 (enter N/A in the required fields if you wish to remain anonymous). 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, as well as the draft Monitoring Plan and the draft Stranding Response Plan for MIRC, 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#applications
. The Navy's Draft Environmental Impact Statement (DEIS) for MIRC was published on January 30, 2009, and may be viewed at
http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications
. 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

In August 2008, NMFS received an application from the Navy (which was updated in February, March, and June 2009) requesting authorization for the take of individuals of 28 species of marine mammals incidental to upcoming Department of Defense (including Navy, USMC, and USAF) training activities to be conducted from March 2010 through February 2015 within the MIRC study area, which encompasses a 501,873-square-nautical mile (nm
2
) area around the islands of Guam, Tinian, Saipan, Rota, Fallaron de Medenillia, and others and includes ocean areas in both the Pacific Ocean and the Philippine Sea. These training activities are classified as 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 the MIRC Study Area 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 27 species of marine mammals by Level B Harassment and 2 individuals of 2 species by Level A Harassment, although injury will likely be avoided through the implementation of the Navy's proposed mitigation measures. Further, although it does not anticipate that it will occur, the Navy requests authorization to take, by injury or mortality, up to 10 beaked whales over the course of the 5-yr regulations.

Description of Specified Activities

Purpose and Background

The Navy's mission is to maintain, train, and equip combat-ready naval forces capable of winning wars, deterring aggression, and maintaining freedom of the seas. Section 5062 of

Title 10 of the United States Code directs the Chief of Naval Operations to train all military forces for combat. The Chief of Naval Operations meets that 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 weapons systems.

The specified training and RDT&E activities addressed in this proposed rule are a subset of the Proposed Action described in the MIRC DEIS, which would support and maintain Department of Defense training and assessments of current capabilities, RDT&E activities, and associated range capabilities (including hardware and infrastructure improvements in the MIRC). Training and RDT&E do not include combat operations, operations in direct support of combat, or other activities conducted primarily for purposes other than training. The Department of Defense proposes to implement actions within the MIRC to:

• Maintain baseline training and RDT&E activities at mandated levels;

• Provide the potential to increase training activities and exercises from current levels;

• Accommodate increased readiness activities associated with the force structure changes (human resources, new platforms, additional weapons systems, including underwater tracking capabilities and training activities to support Intelligence, Surveillance, Reconnaissance, Strike [ISR/Strike]); and

• Implement range complex investment strategies that sustain, upgrade, modernize, and transform the MIRC to accommodate increased use and more realistic training scenarios.

The proposed action would result in the following increases (above those conducted in previous years, i.e., the No Action Alternative in the Navy's DEIS) in activities associated with the annual take of marine mammals:

• Multistrike Exercises and Joint Expeditionary Exercises (most extensive at sea exercises utilizing MFAS)—increase from one exercise in alternate years to one exercise every year.

• Other Major Exercises utilizing MFAS (shorter and less MFAS use)—increase from 1 to 7 exercises.

• Unit Level Anti-submarine Warfare (ASW) Exercises (TRACKEX and TORPEX)—an increase from 34 to 83 exercises.

• Mine Warfare Exercises—an increase from 32 to 53 exercises.

• Bombing Exercises (non-inert)—an increase from 1 to 4 exercises.

• Sinking Exercises—an increase from 1 to 2 exercises.

• Gunnery Exercises—an increase from 32 to 54 exercises.

• Missile Exercises (Air to Surface, live HELLFIRE missile)—an increase from 0 to 2 exercises.

Overview of the MIRC

The U.S. military has been training and operating in the area now defined as the MIRC for over 100 years. The MIRC Study Area (see figure 1-1 in the Navy's application) is located in the Western Pacific (WestPac) and consists of three primary components: ocean surface and undersea areas, special use airspace (SUA), and training land areas. The ocean surface and undersea areas extend from the international waters south of Guam to north of Pagan (CNMI), and from the Pacific Ocean east of the Mariana Islands to the middle of the Philippine Sea to the west, encompassing 501,873 square nautical miles (nm
2
) (1,299,851 square kilometers [km
2
]) of open ocean and littorals (coastal areas). The MIRC Study Area includes ocean areas in the Philippine Sea, Pacific Ocean, and exclusive economic zones (EEZs) of the United States and Federal States of Micronesia (FSM). The MIRC Study Area includes land ranges and training area/facilities on Guam, Rota, Tinian, Saipan, and Farallon de Medinilla (FDM), encompassing 64 nm
2
(220 km
2
) of land. Special Use Airspace (SUA) consists of Warning Area 517 (W-517), restricted airspace over FDM (R-7201), and Air Traffic Control Assigned Airspace (ATCAA) encompassing 63,000 nm
2
(216,000 km
2
) of airspace. For range management and scheduling purposes, the MIRC is divided into training areas under different controlling authorities.

Guam is located roughly three quarters of the distance from Hawaii to the Philippines, about 1,600 miles east of Manila and 1,550 miles southeast of Tokyo. The southern extent of the Commonwealth of the Northern Mariana Islands (CNMI) is located 40 miles north of Guam (Rota Island) and extends 330 miles to the northwest. Saipan, the CNMI capital, is 3,300 miles west of Honolulu and 1,470 miles south-southeast of Tokyo. The MIRC is of particular significance for the training of U.S. military forces in the Western Pacific because of its location. As the westernmost complex in U.S. territory, it provides the only opportunity for forward-deployed U.S. forces to train on U.S.-owned lands without having to return to Hawaii or the continental United States.

The seafloor of the MIRC is characterized by the Mariana Trench, the Mariana Basin, the Mariana Ridge, ridges, numerous seamounts, hydrothermal vents, and volcanic activity. These areas are comprised of very deep water with a very rapid transition from the shelf to deep water. The Mariana Trench is located east to south-east of Guam and the Mariana Islands and is characterized by deep depths of 16,404 to 32,808 feet [ft] (5,000 to 10,000 m) (Fryer
et al.
, 2003). The Mariana Basin is located west of Guam and the Mariana Islands, and is characterized by an average depth of 11,483 ft (Taylor and Martinez 2003; Yamazaki
et al.
, 1993). The Mariana Ridge consists of Guam and the Mariana Islands and the waters out to the Mariana Trench, and is characterized by shallow water transitioning to deep water of 11,483 ft (3,500 m) (Taylor and Martinez 2003; Yamazaki
et al.
, 1993). The bottom substrate covering the seafloor in the MIRC is primarily volcanic or marine in nature (Eldredge, 1983).

The waters of the MIRC Study Area undergo an annual cycle of temperature change, however this temperature flux is only a few degrees each year, as would be expected from a tropical climate. The temperature throughout the year ranges from about 25° to 31 °C with an annual mean temperature of 27° to 28 °C for the years ranging from 1984 to 2003 (National Oceanic and Atmospheric Administration [NOAA] 2004). Temperatures increase during the summer and autumn months with peak temperatures occurring in September/October.

The water column in the MIRC Study Area contains a well-mixed surface layer ranging from 295 ft to 410 ft (90 to 125 m). Immediately below the mixed layer is a rapid decline in temperature to the cold deeper waters. Unlike more temperate climates, the thermocline is relatively stable, rarely turning over and mixing the more nutrient-rich waters of the deeper ocean in to the surface layer. This constitutes what has been defined as a “significant” surface duct (a mixed layer of constant water temperature extending from the sea surface to 100 feet or more), which influences the transmission of sound in the water. This factor has been included in the modeling analysis of marine mammal impacts.

Marianas Trench Marine National Monument

The Marianas Trench Marine National Monument (the ‘Monument’) was

established in January 2009 by Presidential Proclamation under the authority of the Antiquities Act (16 U.S.C. 431). The Monument consists of approximately 71,897 square nautical miles (246,600 square kilometers) of submerged lands and waters of the Mariana Archipelago and was designated with the purpose of protecting the submerged volcanic areas of the Mariana Ridge, the coral reef ecosystems of the waters surrounding the islands of Farallon de Pajaros, Maug, and Asuncion in the Commonwealth of the Northern Mariana Islands, and the Mariana Trench. The Monument includes the waters and submerged lands of the three northernmost Mariana Islands (the ‘Islands Unit’) and only the submerged lands of designated volcanic sites (the ‘Volcanic Unit’) and the Mariana Trench (the ‘Trench Unit’) to the extent described as follows: The seaward boundaries of the Islands Unit of the monument extend to the lines of latitude and longitude which lie approximately 50 nautical miles (93 kilometers) from the mean low water line of Farallon de Pajaros (Uracas), Maug, and Asuncion. The inland boundary of the Islands Unit of the monument is the mean low water line. The boundary of the Trench Unit of the Monument extends from the northern limit of the EEZ of the United States in the Commonwealth of the Northern Mariana Islands to the southern limit of the Exclusive Economic Zone of the United States in Guam approximately following the points of latitude and longitude identified in Figure 3.6-1 of the MIRC DEIS. The boundaries of the Volcanic Unit of the Monument include a 1 nautical mile radius centered on each of the islands' volcanic features.

The Monument contains objects of scientific interest, including the largest active mud volcanoes on Earth. The Champagne vent, located at the Eifuku submarine volcano, produces almost pure liquid carbon dioxide. This phenomenon has only been observed at one other site in the world. The Sulfur Cauldron, a pool of liquid sulfur, is found at the Daikoku submarine volcano. The only other known location of molten sulfur is on Io, a moon of Jupiter. Unlike other reefs across the Pacific, the northernmost Mariana reefs provide unique volcanic habitats that support marine biological communities requiring basalt. Maug Crater represents one of only a handful of places on Earth where photosynthetic and chemosynthetic communities of life are known to come together.

The waters of the Monument's northern islands are among the most biologically diverse in the Western Pacific and include the greatest diversity of seamount and hydrothermal vent life yet discovered. These volcanic islands are ringed by coral ecosystems with very high numbers of apex predators, including large numbers of sharks. They also contain one of the most diverse collections of stony corals in the Western Pacific. The northern islands and shoals in the Monument have substantially higher large fish biomass, including apex predators, than the southern islands and Guam. The waters of Farallon de Pajaros (also known as Uracas), Maug, and Asuncion support some of the largest biomass of reef fishes in the Mariana Archipelago.

A portion of the Monument lies within the MIRC, including a small area on the northern border of the MIRC as well as the Volcanic Unit and the Trench Unit (See Figure 3.6-1). Any of the activities identified under the Proposed Action could take place within areas included in the Monument, where they overlap. The Presidential Proclamation establishing the Monument indicates that the prohibitions required by the Proclamation shall not apply to activities and exercises of the Armed Forces, but also that the Armed Forces shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities, that its vessels and aircraft act in a manner consistent, so far as is reasonable and practicable, with the Proclamation.

Specified Activities

As mentioned above, the Navy has requested MMPA authorization to take marine mammals incidental to training or RDT&E activities in the MIRC 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 in the subsections below. In addition to use of active sonar sources and explosives, these activities include the operation and movement of vessels that are necessary to conduct the training, and the effects of this part of the activities are also analyzed in this document.

The Navy's application also briefly summarizes Maritime and Air Interdiction of Maritime Targets and Air Combat Maneuvers; however, these activities are primarily air based and do not utilize sound sources or explosives in the water. No take of marine mammals is anticipated to result from these activities and, therefore, they are not discussed further.

Activities Utilizing Active Sonar Sources

For the MIRC, the training activities that utilize active tactical sonar sources fall primarily into the category of Anti-submarine Warfare (ASW). This section includes a description of ASW, the active acoustic devices used in ASW exercises, and 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, to locate, track, and neutralize submarines. 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. However, passive sonar provides information about only the bearing (direction) to a sound-emitting source; it does not provide an accurate range (distance) to the source. Also, passive sonar relies on the underwater target itself to provide sufficient sound to be detected by hydrophones. Active sonar is needed to locate objects that emit little or no noise (such as mines or diesel-electric submarines operating in electric mode) and to establish both bearing and range to the detected contact.

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.

MFAS, as defined in the Navy's MIRC LOA application, operates between 1 and 10 kHz, with detection ranges up to 10 nm (19 km). Because of this detection ranging capability, MFAS is the Navy's primary tool for conducting ASW. Many ASW experiments and exercises have demonstrated that the improved capability (of MFAS over other sources) 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 number one war-fighting priority. Navies across the world utilize modern, quiet, diesel-electric submarines that pose the primary threat to the U.S. Navy's ability to perform a number of critical missions. Extensive training is necessary if Sailors on ships and in 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.

HFAS, as defined in the Navy's MIRC LOA application, 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 (9 km). High-frequency sonar is used primarily for determining water depth, hunting mines and guiding torpedoes.

Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar operates below 1 kHz and is designed to detect extremely quiet diesel-electric submarines at ranges far beyond the capabilities of MFA sonars. There are currently only two ships in use by the Navy that are equipped with LFA sonar; both are ocean surveillance vessels operated by Military Sealift Command (MSC).

Acoustic Sources Used for ASW Exercises in the MIRC

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 MIRC are identified in Table 1.

The SURTASS LFA system may also be used during some of the Navy's training and testing scenarios within the MIRC Study Area (see SURTASS LFA subsection below), however, that system's use was analyzed in other environmental documentation (DON 1999, 2002b, 2007a; NOAA 2002a, 2007).

BILLING CODE 3510-22-P

EP20OC09.000

BILLING CODE 3510-22-C

ASW sonar systems are deployed from certain classes of surface ships, submarines, helicopters, and fixed-wing maritime patrol aircraft (MPA). Maritime patrol aircraft is a category of fixed-wing aircraft that includes the current P-3C Orion, and the future P-8 Poseidon multimission maritime aircraft. The surface ships used are typically equipped with hull-mounted sonars (passive and active) for the detection of submarines. Fixed-wing MPA are used to deploy both active and passive sonobuoys to assist in locating and tracking submarines or ASW targets during the exercise. Helicopters are used to deploy both active and passive sonobuoys to assist in locating and tracking submarines or ASW targets during the exercise, and to deploy dipping sonar. Submarines are equipped with passive sonar sensors 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 training events, including the Fast Frigate (FFG) and the Guided Missile Destroyer (DDG), and the guided missile cruiser (CG). These three classes of ship are equipped with active as well as passive tactical sonars for mine avoidance and submarine detection and tracking. DDG and CG class ships are equipped with the AN/SQS-53 sonar system (the most powerful system), with a nominal source level of 235 decibels (dB) re 1 μPa @ 1 m. The FFG class ship uses the SQS-56 sonar system, with 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 AN/SQS-53 hull-mounted sonar transmits at a center frequency of 3.5 kHz. The SQS-56 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.

Submarine Sonars
—Submarine sonars (e.g., AN/BQQ-10) are used to detect and target enemy submarines and surface ships. Because submarine active sonar use is very rare and in those rare instances, very brief, it is extremely unlikely that use of active sonar by submarines would have any measurable effect on marine mammals. In addition, submarines have a high frequency AN/BQS-15 sonar used for navigation safety and mine avoidance that is not unlike a fathometer in source level or output. There is, at present, no mine training range in the MIRC area. Therefore, given its limited use and rapid attenuation as a high frequency source, the AN/BQS-15 is not expected to result in the take of marine mammals.

Aircraft Sonar Systems
—Aircraft sonar systems that would operate in the MIRC include sonobuoys and dipping sonar. 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. 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.

Extended Echo Ranging and Improved Extended Echo Ranging (EER/IEER) Systems
—EER/IEER are airborne ASW systems used to conduct “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 EER/IEER System's active sonobuoy component, the AN/SSQ-110A Sonobuoy, generates an explosive sound impulse and a passive sonobuoy (ADAR, AN/SSQ-101A) that would “listen” for the return echo 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 maritime patrol 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 explosive charge would detonate, creating the sound impulse. Within the sonobuoy pattern, only one detonation is commanded at a time. Twelve to twenty SSQ-110A source sonobuoys are used in a typical exercise. Both charges of each sonobuoy would be detonated independently during the course of the training, either tactically to locate the submarine, or when the sonobuoys are commanded to scuttle at the conclusion of the exercise. The AN/SSQ-110A is listed in Table 1 because it functions like a sonar ping, however, the source creates an explosive detonation and its effects are considered in the underwater explosive section.

Advanced Extended Echo Ranging (AEER) System
—The proposed AEER system is operationally similar to the existing EER/IEER system. The AEER system will use the same ADAR sonobuoy (SSQ-101A) as the acoustic receiver and will be used for a large area ASW search capability in both shallow and deep water. However, instead of using an explosive AN/SQS-110A as an impulsive source for the active acoustic wave, the AEER system will use a battery powered (electronic) source for the AN/SSQ 125 sonobuoy. The output and operational parameters for the AN/SSQ-125 sonobuoy (source levels, frequency, wave forms, etc.) are classified. However, this sonobuoy is intended to replace the EER/IEER's use of explosives and is scheduled to enter the fleet in 2011. For purposes of analysis, replacement of the EER/IEER system by the AEER system will be assumed to occur at 25% per year as follows: 2011—25% replacement; 2012—50% replacement; 2013—75% replacement; 2014—100% replacement with no further use of the EER/IEER system beginning in 2015 and beyond.

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, ensonifying the target and using the received echoes for guidance. The MK-48 submarine-launched torpedo was modeled for active sonar transmissions as a high frequency source during specified training activities within the MIRC. The use of the less powerful MK-46 and MK-54 torpedoes will also occur in the MIRC, however, their use was accounted for by modeling all torpedo use in MIRC as if they were MK-48 torpedoes.

Portable Undersea Tracking Range
—The Portable Undersea Tracking Range (PUTR) would be developed to support ASW training in areas where the ocean depth is between 400 m and 3500 m. In MIRC it would likely be deployed in a TORPEX area or in W-517. This system would temporarily instrument up to a 100 square-nautical mile or smaller areas on the seafloor, and would provide high fidelity crew feedback and scoring of crew performance during ASW training activities. No on-shore

construction would take place. Seven electronics packages, each approximately 3 ft long by 2 ft in diameter, would be temporarily installed on the seafloor by a range boat. The anchors used to keep the electronics packages on the seafloor are made of steel, approximately 1.5 ft-by-1.5 ft and 300 pounds. PUTR use is planned for Navy training areas other than MIRC including the Northwest Training Range Complex and Gulf of Alaska. PUTR equipment can be recovered for maintenance or when training is completed. The Navy proposes to deploy this system year round, and to conduct TRACKEX and TORPEX activities for up to 35 days per year at any time of year. During each of the 35 days of annual operation, the PUTR would be in use for up to 8 hours each day. Two separate sound sources are associated with the operation of the PUTR:

• Range tracking pingers—Range tracking pingers would be used on ships, submarines, and ASW targets when training is conducted on the PUTR. A typical MK 84 range tracking pinger generates a 12.9 kHz pulse with a duty cycle of 15 milliseconds and has a design power of 194 dB re 1 micro-Pascal at 1 meter. Ping rate is selectable and typically one pulse every two seconds. Under the proposed action, up to four range pingers would operate simultaneously for 8 hours each of the 35 PUTR operating days per year. Total time operated would be 280 hours annually.

• Transponders—Each transponder package consists of a hydrophone that receives pinger signals, and a transducer that sends an acoustic “uplink” of locating data to the range boat. The uplink signal is transmitted at 8.8 kilohertz (kHz) or 40 kHz, at a source level of 190 decibels (dB) at 40 kHz, and 186 dB at 8.8 kHz. The uplink frequency is selectable and typically uses the 40 kHz signal, however the lower frequency may be used when PUTR is deployed in deep waters where conditions may not permit the 40 kHz signal to establish and maintain the uplink. The PUTR system also incorporates an emergency underwater voice capability that transmits at 8-11 kHz and a source level of 190 dB. Under the proposed action, the uplink transmitters would operate 35 days per year, for 8 hours each day of use. Total time operated would be 280 hours annually.

Acoustic Device Countermeasures (ADCs)
—ADCs (e.g., AN/SLQ-25 (“NIXIE”), MK-2 and MK-3 are, in effect, decoys to avert localization and/or torpedo attacks. These do not represent a significant source of sound given their intermittent use and operational characteristics (source output level and/or frequency). Given the sporadic use of these devices, the potential to affect marine mammals is unlikely, therefore these sources were not modeled or considered further in this analysis.

Training Targets
—ASW training targets 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. Based on the operational characteristics (source output level and/or frequency) of these acoustic sources, the potential to affect marine mammals is unlikely, and therefore they were not modeled for this analysis.

SURTASS LFA
—SURTASS LFA is a long-range, all-weather, sonar system that operates in the low frequency band (100-500 Hz). The system has both passive and active components. The active system component, LFA, is an augmentation to the passive detection system, and is planned for use when passive system performance proves inadequate. LFA is a set of acoustic transmitting source elements suspended by cable from underneath a ship. These elements, called projectors, are devices that produce the active sound pulse, or ping. The projectors transform electrical energy to mechanical energy that set up vibrations or pressure disturbances within the water to produce a ping. The passive, or listening, part of the system is SURTASS, which detects returning echoes from submerged objects, such as submarines, through the use of hydrophones. The SURTASS hydrophones are mounted on a receive array that is towed behind the vessel. The return signals or echoes, which are usually below background or ambient sound level, are then processed and evaluated to identify and classify potential underwater targets.

In the MIRC Study Area, the military intends to conduct three exercises (multi-strike group exercises) that will include an LFA component during a five-year period that may include both SURTASS LFA and MFA active sonar sources. The expected duration of these combined exercises is approximately 14 days. Based on an exercise of this length, an LFA system would be active (i.e., actually transmitting) for no more than approximately 25 hours. In the combined exercise, LFA sonar is used as a long-range search tool (to find a potential target at long range) while MFA sonar is generally used as a closer-range search tool (to find a target at closer range). The LFA sonar and the MFA sonar would not normally be operated in close proximity to each other. Tactical and technical considerations dictate that the LFA ship would typically be tens of miles from the MFA ship when using active sonar.

Analysis of the environmental impacts of the SURTASS LFA system, including the potential for synergistic and cumulative effects with MFAS operation, was previously presented in a series of Navy EISs and the August, 2009 biological opinion for SURTASS LFA 2009 LOA, and the take of marine mammals incidental to the operation of LFA in the MIRC and elsewhere has been previously authorized by NOAA/NMFS (2002a, 2007). Although the authorization of take of marine mammals incidental to the operation of LFA sonar will not be considered here, NMFS describes and considers the limited manner in which the two separately analyzed systems (LFAS and MFAS) may interact in a multi-strike group exercise in the MIRC.

Exercises Utilizing MFAS in the MIRC

As described above, ASW Exercises are the primary type of exercises that utilize MFAS and HFAS sources in the MIRC. Unit level tracking and torpedo ASW exercises occur regularly in the MIRC. Additionally, in a single year the MIRC will either have several major exercises, or one multi-strike group exercise, that integrate ASW training with other types of training such as air, surface, or strike warfare. ASW exercise descriptions are included below and summarized (along with the exercises utilizing explosives) in Table 2.

ASW Tracking Exercise (TRACKEX)
—Generally, TRACKEXs train aircraft, ship, and submarine crews in tactics, techniques, and procedures for search, detection, localization, and tracking of submarines with the goal of determining a firing solution that could be used to launch a torpedo and destroy the submarine. ASW Tracking Exercises occur during both day and night. A typical unit-level exercise involves one (1) ASW unit (aircraft, ship, or submarine) versus one (1) target—either a MK-39 Expendable Mobile ASW Training Target (EMATT), or a live submarine. The target may be non-evading while operating on a specified track or fully evasive. Participating units use active and passive sensors, including hull-mounted sonar, towed arrays, and sonobuoys for tracking. If

the exercise continues into the firing of a practice torpedo it is termed a Torpedo Exercise (TORPEX). The ASW TORPEX usually starts as a TRACKEX to achieve the firing solution. The different types of TORPEXs are further described below.

Torpedo Exercise (TORPEX)
—Anti-submarine Warfare (ASW) TORPEX activities train crews in tracking and attack of submerged targets, firing one or two exercise torpedoes (EXTORPs) or recoverable exercise torpedoes (REXTORPs). TORPEX targets and systems used in the Offshore Areas may include live submarines, MK-46, MK-54, and MK-48 torpedoes, MK-30 ASW training targets, and MK-39 Expendable Mobile ASW Training Targets (EMATTs). 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 training exercise. Submarines periodically conduct torpedo firing training exercises within the MIRC. Typical duration of a submarine TORPEX exercise is 10 hours, while air and surface ASW platform TORPEX exercises using the MK-46 and MK-54 torpedoes are considerably shorter.

Joint Expeditionary Exercise
—The Joint Expeditionary Exercise brings different branches of the U.S. military together in a joint environment that includes planning and execution efforts as well as military operations at sea, in the air, and ashore. The purpose of the exercise is to train a U.S. Joint Task Force staff in crisis action planning for execution of contingency operations. It provides U.S. forces an opportunity to practice training together in a joint environment as well as a combined environment with partner nation forces, where more than 8,000 personnel may participate.

The participants and assets could include: Carrier Strike Group with its aircraft carrier, guided missile cruisers and Guided missile destroyers; Amphibious command and assault ships, submarines, logistic ships. It may also include Fleet and Battle Group Staffs, Naval and Air Force aircraft, Marine Expeditionary Units (MEU), and Army Infantry Units. This type of exercise would include activities conducted at sea and in the air and near-shore and ashore activities on Tinian, FDM, Guam, and Saipan.

ASW active sonar activity may include: Single and multi-unit TRACKEX and TORPEX in coordinated ASW events; active ASW sources may include SQS-53; SQS-56; DICASS; IEER/AEER; AQS-22; BQQ-10; MK-48 EXTORP; and, Portable Underwater Tracking Range operation including transponders and MK-84 range tracking pingers.

Marine Air Ground Task Force (Amphibious) (MAGTF) Exercise
—This major exercise includes over the horizon, ship to objective maneuver and activities of the ESG and Amphibious MAGTF for up to 10 days. The exercise utilizes all elements of the MAGTF to secure the battlespace (air, land, and sea), maneuver to and seize the objective, and conduct self-sustaining operations ashore with continual logistic support of the ESG. Tinian is the primary MIRC training area for this exercise; however elements of the exercise may be rehearsed nearshore and on Guam.

ASW active sonar activity may include: single and multi-unit TRACKEX and TORPEX in coordinated ASW event; active ASW sources may include SQS-53C/D; SQS-56; DICASS; IEER/AEER; AQS-22; BQQ-10; MK-48 EXTORP and Portable Underwater Tracking Range operation including transponders and MK-84 range tracking pingers.

Joint Multi-Strike Group Exercise
—The Joint Multi-Strike Group conducts training involving Navy assets engaging in a schedule of events (SOE) battle scenario, with U.S. forces pitted against a notional opposition force (OPFOR). Participants use and build upon previously gained training skill sets to maintain and improve the proficiency needed for a mission-capable, deployment-ready unit.

The exercise includes several at-sea activities. In Command and Control (C2), a command organization exercises operational control of the assets involved in the exercise. This control includes monitoring for safety and compliance with protective measures. Air Warfare (AW) includes missile exercises which involve firing live missiles at air targets. Ships and aircraft fire missiles against air targets. AW also includes non-firing events such as Defensive Counter Air (DCA). DCA exercises ship and aircrew capabilities at detecting and reacting to incoming airborne threats. In Anti-Surface Warfare (ASUW), Naval forces control sea lanes by countering hostile surface combatant ships.

ASW active sonar activity in this exercise may include: Single and multi-unit TRACKEX and TORPEX in coordinated ASW events; active ASW sources may include SQS-53C/D; SQS-56; DICASS; IEER/AEER; AQS-22; BQQ-10; MK-48 EXTORP; Portable Underwater Tracking Range operation including transponders and MK-84 range tracking pingers.

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Activities Utilizing Underwater Detonations

Underwater detonation activities can occur at various depths depending on the activity, but may also include activities with detonations at or just below the surface (such as SINKEX or gunnery exercise [GUNEX]). When the weapons hit the target, except for live torpedo shots, 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 (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
—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. 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 MIRC exercises. Potential harassment would be from underwater detonation. SINKEX events have been conducted in the open ocean of the western Pacific and within the MIRC, in compliance with 40 CFR 229.2.

The Environmental Protection Agency (EPA) grants the Navy a general permit through the Marine Protection, Research, and Sanctuaries Act to transport vessels “for the purpose of sinking such vessels in ocean waters…” (40 CFR 229.2). Subparagraph (a)(3) of this regulation states “All such vessel sinkings shall be conducted in water at least 1,000 fathoms (6,000 feet) deep and at least 50 nautical miles from land.”

SINKEX events typically include at least one surface combatant (frigate, destroyer, or cruiser); one submarine; and numerous fixed-wing and rotary-wing aircraft. One surface ship will serve as a surveillance platform to ensure the hulk does not pose a hazard to navigation prior to and during the SINKEX. The weapons actually expended during a SINKEX can vary greatly. Table 1-2 in the Navy's application indicates the typical ordnance used in a SINKEX, which include HARPOON, HELLFIRE, and MAVERICK missiles, 5′ gunfire, MK-48 torpedoes, and underwater demolitions. This table reflects the planning for weapons, which may be expended during one SINKEX in the MIRC Study Area. This level of ordnance is expected for each of the SINKEX events in the Joint Multi-strike Group exercise. With the exception of the torpedo, which is designed to explode below the target hulk in the water column, the weapons deployed during a SINKEX are intended to strike the target hulk, and thus not explode within the water column.

Surface-to-Surface Gunnery Exercise
—S-S GUNEX take place in the open ocean to provide gunnery practice for Navy and Coast Guard ship crews. GUNEX training activities conducted in the offshore study area involve stationary targets such as a MK-42 floating at-sea target (FAST) or a MK-58 marker (smoke) buoy. The gun systems employed against surface targets include the 5-inch, 76 millimeter (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 a minimum of 21 rounds of 5-inch or 76-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 approximately 1 to 2 hours, depending on target services and weather conditions. The live 5-inch and 76-mm rounds are considered in the underwater detonation modeling.

Air-to-Surface Gunnery Exercise (A-S GUNEX)
—A-S GUNEX training activities are conducted by rotary-wing aircraft against stationary targets (Floating at-sea Target [FAST] and smoke buoy). Rotary-wing aircraft involved in this activity would include a single helicopter using either 7.62-mm or .50-caliber door-mounted machine guns. A typical 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 their being inert and the small size of the rounds, they are not considered to have an underwater detonation impact.

Air-to-Surface Missile Exercise (A-S MISSILEX
)—The A-S MISSILEX 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. A-S MISSILEX 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 training 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. A-S MISSILEX 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). Targets include SEPTARs, ISTTs, and excess ship hulks. When HELLFIRE Missiles are used the exercise is called a HELLFIRE MISSILEX. HELLFIRE MISSILEXs would occur 2 times per year in an area approximately 30-35 nm south of Apra Harbor in W-517. Potential harassment would be from underwater detonation.

Surface-to-Surface Missile Exercise (S-S MISSILEX)
—S-S MISSILEX 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. S-S MISSILEXs always occur during a SINKEX. 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. S-S MISSILEX training is routinely conducted on individual ships with embedded training devices. A S-S MISSILEX 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. Each exercise typically lasts five hours. Future S-S MISSILEX could range from 4 to 35 hours. Potential harassment would be from underwater detonation.

Air-to-Surface Bombing Exercise
—During an Air-to-Surface Bombing Exercise (BOMBEX A-S), fixed-wing aircraft deliver bombs against simulated surface maritime targets, typically a smoke float, with the goal of destroying or disabling enemy ships or boats. Typically, a flight of two aircraft will approach the target from an altitude of between 15,000 ft to less than 3,000 ft, and will adhere to designated ingress and egress routes. Typical bomb release altitude is below 3,000 ft and within a range of 1000 yards for unguided munitions, and above 15,000 ft and in excess of 10 nm for precision-guided munitions. In most training exercises, the aircrew drops inert training ordnance, such as the Bomb Dummy Unit (BDU-45) on a MK-58 smoke float used as the target. Some BOMBEXs include the use of the MK-84/GBU-31 JDAM, the largest bomb proposed for use. JDAM training would occur 4 times per year in W-517 and generally in the southern portion avoiding known fishing areas. The surface danger zone requires a 25 nm buffer around the aim point, so that all operations occur within W-517. Each BOMBEX A-S can take up to 4 hours to complete.

Mine Neutralization
—Mine Neutralization involves 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 undersea 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 are 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.

All demolition activities are conducted in accordance with Commander, Naval Surface Forces Pacific (COMNAVSURFPAC) Instruction 3120.8F, Procedures for Disposal of Explosives at Sea/Firing of Depth Charges and Other Underwater Ordnance (DoN 2003). Before any explosive is detonated, divers are transported a safe distance away from the explosive. Standard practices for tethered mines require ground mine explosive charges to be suspended 10 feet below the surface of the water.

EER-IEER AN/SSQ-110A
—The Extended Echo Ranging and Improved Extended Echo Ranging (EER/IEER) Systems 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, generates a sound similar to a “sonar ping” using a small explosive and the passive AN/SSQ-101A ADAR Sonobuoy “listens” 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 the explosive to generate a “ping”. There is only one detonation in the pattern of buoys at a time. Potential harassment would be from underwater detonations.

The AEER system (described in the sonar source section) will eventually replace use of the EER/IEER system and was analyzed for this proposed rule.

Vessel Movement

The operation and movement of vessels that is necessary to conduct the training described above is also analyzed here. Training exercises involving vessel movements occur intermittently and are variable in duration, ranging from a few hours up to 10 days. During training, speeds vary and depend on the specific type of activity, although 10-14 knots is considered the typical speed. The Navy logs about 1,000 total vessel days within

the MIRC Study Area during a typical year. Training activities are widely dispersed throughout the large OPAREA, which encompasses 501,873 nm
2
(1,299,851 km
2
). Consequently, the density of Navy ships within the Study Area at any given time is low.

Research, Development, Testing, and Evaluation

The Services may conduct RDT&E, engineering, and fleet support for command, control, and communications systems and ocean surveillance in the MIRC. These activities may include ocean engineering, missile firings, torpedo testing, manned and unmanned submersibles testing, unmanned aerial vehicle (UAV) tests, electronic combat (EC), and other DoD weapons testing.

RDT&E activities, if they have a potential for takes of marine mammals, will be reviewed to assure they are included within the parameters of existing sonar and explosive activities as modeled for this rule and the LOAs. As an example, if a new model of SQS 53 sonar were tested, as long as it's operating parameters are within the parameters modeled, an equal number of hours of SQS 53C use in training would be deducted to ensure that the total SQS 53C hours for the year (training plus RDT&E) remain within those described in the rule. The same would apply for explosives, overall NET explosive weights for similar munitions would be reviewed to assure compliance with existing rules.

Additional information on the Navy's proposed activities may be found in the LOA Application and the Navy's MIRC DEIS.

Description of Marine Mammals in the Area of the Specified Activities

Thirty-two marine mammal species or populations/stocks have confirmed or possible occurrence within the MIRC, including seven species of baleen whales (mysticetes), 22 species of toothed whales (odontocetes), two species of seal (pinnipeds), and the dugong (sirenian). Table 4 summarizes their abundance, Endangered Species Act (ESA) status, occurrence, and density in the area. Seven of the species are ESA-listed and considered depleted under the MMPA: Blue whale; fin whale; humpback whale; sei whale; sperm whale; North Pacific right whale; Hawaiian monk seal; and dugong. The dugong is managed by the U.S. Fish and Wildlife Service and will not be addressed further here.

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Species Not Considered Further

North Pacific right whale
—The likelihood of a North Pacific right whale (Eubalaena japonica) occurring in the action area is extremely low. The North Pacific right whale population is the most endangered of the large whale species (Perry
et al.,
1999) and, currently, there is no reliable population estimate for this species, although the population in the western 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 2005 near Alaska (Waite
et al.,
2003; Wade
et al.,
2006). Based on this information, it is highly unlikely for a right whale to be present in the action area. Consequently, this species will not be considered in the remainder of this analysis.

Hawaiian monk seal
—The likelihood of a Hawaiian monk seal (Monachus schauinslandi) being present in the action area is extremely low. There are no confirmed records of Hawaiian monk seals in the Micronesia region; however, Reeves
et al.
(1999) and Eldredge (1991, 2003) have noted occurrence records for

seals (unidentified species) in the Marshall and Gilbert islands. It is possible that Hawaiian monk seals wander from the Hawaiian Islands to appear at the Marshall or Gilbert Islands in the Micronesia region (Eldredge 1991). However, given the extremely low likelihood of this species occurrence in the action area, the Hawaiian monk seal will not be considered in the remainder of this analysis.

Hubbs Beaked Whale
—The likelihood of a Hubbs beaked whale (Mesoplodon carlhubbsi) occurring in the action area is extremely low. There are no occurrence records for the Mariana Islands and the nearest records are from strandings in Japan (DoN 2005). Recent data suggests that the distribution is likely north of 30° N (MacCleod
et al.,
2006). Given the extremely low likelihood of this species occurrence in the action area, the Hubbs beaked whale will not be considered in the remainder of this analysis.

Indo-Pacific Bottlenose Dolphin
—The likelihood of an Indo-Pacific bottlenose dolphin (Tursiops aduncas) occurring in the action area is extremely low. The Indo-Pacific bottlenose dolphin is generally associated with continental margins and does not appear to occur around offshore islands that are great distances from a continent, such as the Marianas (Jefferson as cited in DoN 2005). Given the extremely low likelihood of this species occurrence in the action area, the Indo-Pacific bottlenose dolphin will not be considered in the remainder of this analysis.

Northern Elephant Seal
—Northern elephant seals (Mirounga angustirostris) are common on islands and mainland haul-out sites in Baja California, Mexico north through central California. Elephant seals spend several months at sea feeding and travel as far as the Gulf of Alaska. Occasionally juveniles wander great distances with several individuals being observed in Hawaii and Japan. Although elephant seals may wander great distances it is very unlikely that they would travel to Japan or Hawaii and then continue traveling to the MIRC. Given the extremely low likelihood of this species occurrence in the action area, the northern elephant seal will not be considered in the remainder of this analysis.

The Navy has compiled information on the abundance, behavior, status and distribution, and vocalizations of marine mammal species in the MIRC waters from the Navy Marine Resource Assessment and has supplemented this information with additional citations derived from new survey efforts and scientific publications. NMFS has not designated stocks of marine mammals in the waters surrounding the MIRC and, therefore, does not compile stock assessment reports for this area. This information may be viewed in the Navy's LOA application and/or the Navy's DEIS for MIRC (see Availability), and is incorporated by reference herein.

There are no designated marine mammal critical habitats or known breeding areas within the MIRC. Much is unknown about the reproductive habits of the dolphin species in MIRC, but they are thought to mate throughout their range (like better studied species and stocks are known to do) and possibly throughout the year. Even less is known about the mating habits of beaked whales. Baleen whales and sperm whales are thought to breed seasonally in areas within and around the MIRC and some calves have been seen with sperm, Bryde's and sei whales (DoN 2007b), although it is not known where exactly breeding and calving occurs.

Spinner dolphins, which rest primarily during the day in relatively large groups, are known to consistently use certain areas (usually bays) for this function. Because of this, they are regularly visited by whalewatching boats or other members of the public interested in viewing or interacting with them, which could potentially put them at increased energetic risk if their resting cycles are repeatedly interrupted in a significant manner. There are several recognized resting areas for spinner dolphins in the MIRC Study Area: Agat Bay, Bile/Tougan Bay, and Double Reef. These areas are in clear, calm, shallow waters sheltered from prevailing tradewinds.

Marine Mammal Hearing and Vocalizations

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

Marine mammal vocalizations often extend both above and below the range of human hearing; vocalizations with frequencies lower than 18 Hertz (Hz) are labeled as infrasonic and those higher than 20 kHz as ultrasonic (National Research Council [NRC], 2003; Figure 4-1). Measured data on the hearing abilities of cetaceans are sparse, particularly for the larger cetaceans such as the baleen whales. The auditory thresholds of some of the smaller odontocetes have been determined in captivity. It is generally believed that cetaceans should at least be sensitive to the frequencies of their own vocalizations. Comparisons of the anatomy of cetacean inner ears and models of the structural properties and the response to vibrations of the ear's components in different species provide an indication of likely sensitivity to various sound frequencies. The ears of small toothed whales are optimized for receiving high-frequency sound, while baleen whale inner ears are best in low to infrasonic frequencies (Ketten, 1992; 1997; 1998).

Baleen whale vocalizations are composed primarily of frequencies below 1 kHz, and some contain fundamental frequencies as low as 16 Hz (Watkins
et al.,
1987; Richardson
et al.,
1995; Rivers, 1997; Moore
et al.,
1998; Stafford
et al.,
1999; Wartzok and Ketten, 1999) but can be as high as 24 kHz (humpback whale; Au
et al.,
2006). Clark and Ellison (2004) suggested that baleen whales use low frequency sounds not only for long-range communication, but also as a simple form of echo ranging, using echoes to navigate and orient relative to physical features of the ocean. Information on auditory function in mysticetes is extremely lacking. Sensitivity to low-frequency sound by baleen whales has been inferred from observed vocalization frequencies, observed reactions to playback of sounds, and anatomical analyses of the auditory system. Although there is apparently much variation, the source levels of most baleen whale vocalizations lie in the range of 150-190 dB re 1 μPa at 1

m. Low-frequency vocalizations made by baleen whales and their corresponding auditory anatomy suggest that they have good low-frequency hearing (Ketten, 2000), although specific data on sensitivity, frequency or intensity discrimination, or localization abilities are lacking. Marine mammals, like all mammals, have typical U-shaped audiograms that begin with relatively low sensitivity (high threshold) at some specified low frequency with increased sensitivity (low threshold) to a species specific optimum followed by a generally steep rise at higher frequencies (high threshold) (Fay, 1988).

The toothed whales produce a wide variety of sounds, which include species-specific broadband “clicks” with peak energy between 10 and 200 kHz, individually variable “burst pulse” click trains, and constant frequency or frequency-modulated (FM) whistles ranging from 4 to 16 kHz (Wartzok and Ketten, 1999). The general consensus is that the tonal vocalizations (whistles) produced by toothed whales play an important role in maintaining contact between dispersed individuals, while broadband clicks are used during echolocation (Wartzok and Ketten, 1999). Burst pulses have also been strongly implicated in communication, with some scientists suggesting that they play an important role in agonistic encounters (McCowan and Reiss, 1995), while others have proposed that they represent “emotive” signals in a broader sense, possibly representing graded communication signals (Herzing, 1996). Sperm whales, however, are known to produce only clicks, which are used for both communication and echolocation (Whitehead, 2003). Most of the energy of toothed whales social vocalizations is concentrated near 10 kHz, with source levels for whistles as high as 100-180 dB re 1 μPa at 1 m (Richardson
et al.,
1995). No odontocete has been shown audiometrically to have acute hearing (<80 dB re 1 μPa) below 500 Hz (DoN, 2001). Sperm whales produce clicks, which may be used to echolocate (Mullins
et al.,
1988), with a frequency range from less than 100 Hz to 30 kHz and source levels up to 230 dB re 1 μPa 1 m or greater (Mohl
et al.,
2000).

Table 5 includes a summary of the vocalizations of the species found in the MIRC. The “Brief Background on Sound” section below contains a description of the functional hearing groups designated by Southall
et al.
(2007), which includes the functional hearing range of various marine mammal groups (i.e., what frequencies that can actually hear).

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Marine Mammal Density Estimates

Understanding the distribution and abundance of a particular marine mammal species or stock is necessary to analyze the potential impacts of an action on that species or stock. Further, it is necessary to know the density of the animals in the affected area in order to quantitatively assess the likely acoustic impacts of a potential action on individuals and estimate take (discussed further in the Estimated Take section).

Prior to 2007 there was little information available on the abundance and density of marine mammals in the MIRC Study Area. Most information on the occurrence of marine mammals came from short surveys (several days) and opportunistic sightings (NMFS Platform of Opportunity, oceanographic cruises or strandings). The first comprehensive survey of the area, Mariana Islands Sea Turtle and Cetacean Survey (MISTCS), was funded by the Navy to gather data in support of this analysis and was conducted in early 2007 covering mid January to mid April (DoN 2007b). Densities were calculated for 13 species observed during this survey and are the only published densities derived for this area that are based upon actual sightings. For the purposes of the MIRC analysis, the Navy compiled published densities from other geographical areas with existing survey data and similar oceanography (e.g. sea surface temperature) such as the Hawaiian Islands (Barlow 2003, 2006), warm water areas of the eastern tropical Pacific (Ferguson and Barlow 2001, 2003) and Miyashita (1993). As shown in Table 3-2 of the MIRC application, for the species that MISTCS provided an estimate for, the estimated densities are either mid-range or higher than the other published densities. This, combined with the fact that the MISTCS survey was conducted in the actual MIRC Study Area, supports the Navy's decision to use MISTCS data as the primary source for modeling. Considering the similar habitat and species diversity with the MIRC Study Area, offshore survey data from the Hawaiian Islands (Barlow 2003, 2006) was used as a secondary source. Densities from the Eastern Tropical Pacific survey (Ferguson and Barlow 2001, 2003) were used for six remaining species. Miyashita 1993 was also reviewed; however, no densities from that report were ultimately utilized because the surveys were not conducted in the systematic line transect manner typically used by NMFS, but rather occurred while searching for cetaceans.

The draft MISTCS density report was reviewed by local biologists at NMFS-Pacific Fisheries Science Center (PIFSC) and Pacific Islands Regional Office (PIRO), whose recommendations were incorporated into the final document. The methods used in the final MISTCS report was approved by NMFS PIFSC and PIRO for use in preparation of environmental planning documents for the Mariana Islands.

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 over 10 dB, 30 dB is a 1,000-fold increase over 10dB). 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 (which are derived from the audiograms described above, see figure 1 in Southall
et al.
(2007) developed for each group. The functional groups and the associated frequencies are indicated below (though, again, animals are less sensitive to sounds at the outer edge of their functional range and most sensitive to sounds of frequencies within a smaller range somewhere in the middle of their functional hearing range):

• Low frequency cetaceans (13 species of mysticetes): functional hearing is estimated to occur between approximately 7 Hz and 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 (propagates) away from its source, its loudness decreases as the distance traveled by the sound increases. Thus, the loudness of a sound at its source is higher than the loudness of that same sound a kilometer distant. Acousticians often refer to the loudness of a sound at its source (typically 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 + 10log(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

The Navy has requested authorization for the take of marine mammals that may occur incidental to training and RDT&E activities in the MIRC utilizing MFAS/HFAS or underwater detonations. In addition to MFAS/HFAS and underwater detonations, the Navy has analyzed other potential impacts to marine mammals from training activities in the MIRC DEIS, including ship strike, aerial overflights, ship noise and movement, and others, and, in consultation with NMFS as a cooperating agency for the MIRC DEIS, has determined that take of marine mammals incidental to these non-acoustic components of the MIRC 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, but also includes some additional analysis of the potential impacts from vessel operations in the MIRC.

For the purpose of MMPA authorizations, NMFS' effects assessments serve four primary purposes: (1) To help identify the permissible methods of taking, meaning: the nature of the take (e.g., resulting from anthropogenic noise vs. from ship strike, etc.); the regulatory level of take (i.e., mortality vs. Level A or Level B harassment); and, the amount of take; (2) to inform the prescription of means of effecting the least practicable adverse impact on such species or stock and its habitat (i.e., mitigation); (3) to support the determination of 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 (4) 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 MIRC).

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 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.

Exposure to MFAS/HFAS

In the subsections below, the following types of impacts are discussed in more detail: direct physiological impacts, stress responses, acoustic masking and impaired communication, behavioral disturbance, and strandings. An additional useful graphic tool for better understanding the layered nature of potential marine mammal responses to anthropogenic sound is presented in Figure 1 of NMFS' August 13, 2009 biological opinion for SURTASS LFA (available at:
http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications
). That document presents a conceptual model of the potential responses of endangered and threatened species upon being exposed to active sonar and the pathways by which those responses might affect the fitness of individual animals that have been exposed, and the resulting impact on the individual animal's ability to reproduce or survive. 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.

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. Human non-impulsive noise exposure guidelines are based on exposures of equal energy (the same SEL) producing equal amounts of hearing impairment regardless of how the sound energy is distributed in time (NIOSH 1998). Until recently, previous marine mammal TTS studies have also generally supported this equal energy relationship (Southall
et al.,
2007). Three newer studies, two by Mooney
et al.
(2009a, 2009b) on a single bottlenose dolphin either exposed to playbacks of Navy MFAS or octave-band noise (4-8 kHz) and one by Kastak
et al.
(2007) on a single California sea lion exposed to airborne octave-band noise (centered at 2.5 kHz), concluded that for all noise exposure situations the equal energy relationship may not be the best indicator to predict TTS onset levels. All three of these studies highlight the inherent complexity of predicting TTS onset in marine mammals, as well as the importance of considering exposure duration when assessing potential impacts. Generally, with sound exposures of equal energy, those that were quieter (lower sound pressure level [SPL]) with longer duration were found to induce TTS onset more than those of louder (higher SPL) and shorter duration (more similar to MFAS). 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 in 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 a time when communication is critical for successful mother/calf interactions could have more serious impacts if it were in the same frequency band as the necessary vocalizations and of a severity that it impeded communication. The fact that animals exposed to levels and durations of sound that would be expected to result in this physiological response would also be expected to have behavioral responses of a comparatively more severe or sustained nature is also notable and potentially of more importance than the simple existence of a TTS.

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 than TTS 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) although recent preliminary empirical data suggests that there is no increase in blood nitrogen levels or formation of bubbles in diving bottlenose dolphins (Houser 2008). 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) 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. Alternatively, Tyack
et al.
(2006) studied the deep diving behavior of beaked whales and concluded that “Using current models of breath-hold diving, we infer that their natural diving behavior is inconsistent with known problems of acute nitrogen supersaturation and embolism.” 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; Cox
et al.,
2006; Rommel
et al.,
2006). 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 (Rommel
et al.,
2006). 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 as, 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.

As mentioned previously, the functional hearing ranges of odontocetes, pinnipeds underwater, and mysticetes all overlap the frequencies of the MFAS/HFAS sources used in the Navy's MFAS/HFAS training exercises (although some mysticete's best hearing capacities are likely at frequencies somewhat lower than MFAS). 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 they drop 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.

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 hypothalmus-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 functions, 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. Note that these examples involved a long term (days or weeks) stress response exposure to a stimuli.

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 (in both nature and magnitude) an acoustic event. An animal's prior experience with a sound or sound source affects 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 affect 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) no response or any of 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; avoidance; 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.

Alteration of Diving or Movement
—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, a reaction, 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 varied nature of behavioral effects and consequent difficulty in defining and predicting them.

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 SURTASS LFA 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.

Brownell (2004) reported the behavioral responses of western gray whales off the northeast coast of Sakhalin Island to sounds produced by seismic activities in that region. In 1997, the gray whales responded to seismic activities by changing their swimming speed and orientation, respiration rates, and distribution in waters around the seismic surveys. In 2001, seismic activities were conducted in a known feeding area of these whales and the whales left the feeding area and moved to areas farther south in the Sea of Okhotsk. They only returned to the feeding area several days after the seismic activities stopped. The potential fitness consequences of displacing these whales, especially mother-calf pairs and “skinny whales,” outside of their normal feeding area is not known; however, because gray whales, like other large whales, must gain enough energy during the summer foraging season to last them the entire year, sounds or other stimuli that cause them to abandon a foraging area for several days could disrupt their energetics and force them to make trade-offs like delaying their migration south, delaying reproduction, reducing growth, or migrating with reduced energy reserves.

Social relationships
—Social interactions between mammals can be affected by noise via the disruption of communication signals or by the displacement of individuals. Sperm whales responded to military sonar, apparently from a submarine, by dispersing from social aggregations, moving away from the sound source, remaining relatively silent and becoming difficult to approach (Watkins
et al.,
1985). In contrast, sperm whales in the Mediterranean that were exposed to submarine sonar continued calling (J. Gordon pers. Comm. cited in Richardson
et al.,
1995). Social disruptions must be considered, however, in context of the relationships that are affected. While some disruptions may not have deleterious effects, long-term or repeated disruptions of mother/calf pairs or interruption of mating behaviors have the potential to affect the growth and survival or reproductive effort/success of individuals, respectively.

Vocalizations
(also see Masking Section)—Vocal changes in response to anthropogenic noise can occur across the repertoire of sound production modes used by marine mammals, such as whistling, echolocation click production, calling, and singing. Changes may result in response to a need to compete with an increase in background noise or may reflect an increased vigilance or startle response. For example, in the presence of low-frequency active sonar, humpback whales have been observed to increase the length of their “songs” (Miller
et al.,
2000; Fristrup
et al.,
2003), possibly due to the overlap in frequencies between the whale song and the low-frequency active sonar. A similar compensatory effect for the presence of low frequency vessel noise has been suggested for right whales; right whales have been observed to shift the frequency content of their calls upward while reducing the rate of calling in areas of increased anthropogenic noise (Parks
et al.,
2007). Killer whales off the northwestern coast of the United States have been observed to increase the duration of primary calls once a threshold in observing vessel density (e.g., whale watching) was reached, which has been suggested as a response to increased masking noise produced by the vessels (Foote
et al.,
2004). In contrast, both sperm and pilot whales potentially ceased s

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE9-24837. Public record. Not legal advice.