[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Notices]
[Pages 4189-4193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1175]
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DEPARTMENT OF DEFENSE
Department of the Navy
Decision Memorandum Accepting Alternative Arrangements for the
U.S. Navy's Southern California Operating Area Composite Training Unit
Exercises (COMPTUEXs) and Joint Task Force Exercises (JTFEXs) Scheduled
To Occur Between Today and January 2009
AGENCY: Department of the Navy, DoD.
ACTION: Notice of Decision Memorandum.
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SUMMARY: The Department of the Navy announces its decision to accept
alternative arrangements approved by the Council on Environmental
Quality (CEQ) pursuant to 40 CFR 1506.11 for implementing the
procedural provisions of the National Environmental Policy Act (NEPA),
42 U.S.C. 4321 et seq., for the Navy's Southern California (SOCAL)
Operating Area Composite Training Unit Exercises (COMPTUEXs) and Joint
Task Force Exercises (JTFEXs) scheduled to occur between today and
January 2009.
SUPPLEMENTARY INFORMATION: The text of the entire Decision Memorandum
is provided as follows:
On January 10, 2008, the Department of the Navy (Navy) sought
Council on Environmental Quality (CEQ) approval of alternative
arrangements pursuant to 40 CFR 1506.11 for implementing the procedural
provisions of the National Environmental Policy Act, 42 U.S.C. 4321 et
seq. (NEPA), for MFA sonar training during the remaining five COMPTUEXs
and four JTFEXs scheduled to occur between today and January 23, 2009,
in the Southern California (SOCAL) Operating Area. On January 11, 2008,
the Navy reaffirmed its request. On January 15 CEQ concluded
consultation and approved alternative arrangements pursuant to 40 CFR
1506.11 for implementing the procedural provisions of (NEPA). This
memorandum documents the Navy's decision to accept the alternative
arrangements.
Background
Framework
NEPA: NEPA requires Navy to undertake an assessment of the
environmental effects of its proposed actions prior to making
decisions. The CEQ Regulations for Implementing the Procedural
Provisions of the National Environmental Policy Act provide for
situations when emergency circumstances make it necessary to make
decisions and take action with significant environmental impact without
observing the provisions of the CEQ Regulations (40 CFR Sec. 1506.11).
Specifically, the agency should consult with CEQ about alternative
arrangements for actions necessary to control the immediate impacts of
the emergency.
Title 10: The Fleet Response Training Plan (FRTP) is one of the
processes used to ensure the Chief of Naval Operation's (CNO)
obligation under Section 5062 of Title 10 of the U.S. Code, which
requires organization, training and equipping of all naval forces for
combat. The FRTP is an arduous training cycle that ensures Navy forces
achieve the highest possible readiness levels prior to deployment. As
part of the FRTP, the Navy conducts COMPTUEXs and JTFEXs to achieve
required Navy
[[Page 4190]]
capabilities and missions in support of combatant commander and Navy
requirements. Both JTFEX and COMPTUEX exercises are included in the
integrated phase of training for U.S. and some allied forces, which
requires a synthesis of unit and staff actions into a coordinated
Strike Group necessary for surge and readiness certification.
The Vital Importance of Training with Mid-Frequency Active (MFA)
Sonar during These Major Exercises: Anti-submarine warfare (ASW) is the
Pacific Fleet's 1 war-fighting priority and critical to our
national defense. Today's modern, quiet diesel-electric submarines
employ state-of-the-art sound silencing technologies and sound
isolation technologies. Additionally, they operate advanced propulsion
systems that include high endurance battery systems and air-independent
propulsion systems. These advances, combined with special hull
treatments that significantly dampen submarine noise and reduce
vulnerability to active sonar prosecution, make them highly potent
adversaries. Diesel-electric submarines so equipped can covertly
operate in coastal and open ocean areas, blocking Navy access to combat
zones and increasing United States vessels' vulnerability to torpedo
and anti-ship missile attacks. Detecting, identifying, locating,
tracking, and if necessary, neutralizing a diesel-electric submarine is
vitally important to the Navy's ability to conduct operations,
accomplish its missions and ultimately prevail in conflict.
Submarines are operated by numerous navies, including potential
adversaries in the Asia-Pacific and Middle East areas. Navy Strike
Groups are continuously deployed to these high-threat areas. These
missions require being able to access and operate in waters near shore,
control strategic maritime transit routes and international straits,
and protect sea lines of communications supporting international
commerce. In preparing for these missions, the thousands of individuals
in a Pacific Fleet Strike Group must train in the use of MFA sonar in a
coordinated manner in a realistic environment prior to deployment. MFA
sonar is defined as an active sonar system that operates within the 1
kHz to 10 kHz frequency range. MFA sonar capability allows the Strike
Group to defend itself against quiet diesel-electric submarines that
may come within range or attack any of the ships in the Strike Group.
Training in the use of MFA sonar in the COMTUEX and JTFEX exercises is
a vital component of certification and employment of these assets in
support of national security interests around the globe. The five
COMPTUEXs and four JTFEXs scheduled to occur between today and January
23, 2009, in the Southern California (SOCAL) Operating Area are the
only opportunities for these Strike Groups to achieve their required
combat training.
The SOCAL Operating Area is uniquely suited to conducting the Navy
COMPTUEX and JTFEX because it contains all of the land, air, and at-sea
bases necessary for conducting the exercises, and the shallow coastal
areas in SOCAL realistically simulate areas where the Navy is likely to
encounter hostile submarines. The SOCAL Operating Area includes Warning
Area 291 (W-291), and the Southern California Antisubmarine Warfare
Range (SOAR) that is an instrumented underwater range which allows the
Navy to monitor and evaluate the success of the Strike Group training.
The use of MFA sonar will be within W-291 and SOAR.
Environmental Effects: The habitat and species in the SOCAL
operating area have been monitored and studied over the last 40 years,
and the Navy has extensively used MFA sonar in the area over the same
period. Over that period, the intensity (i.e., the dB level of the
sonar source) of the Navy's MFA sonar systems has remained the same.
Since 1992, the Navy's use of MFA sonar in terms of the number of
training hours has declined. It is emphasized that there have been no
documented incidents of harm, injury, or death to marine mammals
resulting from exposure to MFA sonar in the SOCAL Operating Area. There
have also been no stranding incidents or population-level effects
attributable to MFA sonar in the SOCAL Operating Area. No systematic
declines in the stocks of marine mammals have occurred and the stocks
of many species, such as humpback whales, blue whales, harbor seals,
and common dolphins, are stable or improving. The Eastern North Pacific
gray whale stock increased and the species was delisted, but is
currently experiencing habitat changes due to sea ice melting patterns,
and undersized gray whales have been reported in the media lately.
Strandings of small cetaceans and California sea lions are common,
usually attributed to fishery interaction, disease, or harmful algal
blooms. There have also been several individual beaked whale
strandings, usually attributed to disease or fishery interaction. In
several of these individual strandings, the cause is unknown, but there
has been no apparent link to sonar.
The Navy is evaluating the environmental impact of MFA sonar
training exercises through its development of the SOCAL Range Complex
environmental impact statement (SOCAL EIS). The Navy began the SOCAL
EIS process in late 2006 and published its notice of intent on December
21, 2006. That EIS will meet the procedural requirements of NEPA for
all training, including MFA sonar training in SOCAL. To comply with
NEPA procedural requirements, while developing the EIS, the Navy
prepared an environmental assessment of the SOCAL training proposed for
the time period prior to completion of the EIS. In addition, the Navy
issued a consistency determination per the procedural requirements of
the Coastal Zone Management Act (CZMA), 16 U.S.C. 1451 et seq.
In January 2007, the Deputy Secretary of Defense issued a National
Defense Exemption (NDE) under the Marine Mammal Protection Act (MMPA)
(16 U.S.C. 1371(f)). The NDE provides for protection of marine mammals,
in the absence of an MMPA Letter of Authorization, by including 29
specific conditions to minimize potential impacts on marine mammals.
These 29 mitigation measures were developed in coordination with the
National Marine Fisheries Service (NMFS), the agency with substantive
responsibility for marine mammals. The NDE provides the Navy the
ability to execute the plan coordinated with the Department of Commerce
to obtain a Letter of Authorization under the usual procedural
requirements of the MMPA. The plan requires the Navy to come into
compliance with the MMPA as part of the SOCAL EIS process which will be
completed when the NDE expires on January 23, 2009. The potential
effects of MFA sonar training on threatened and endangered marine
mammals were further analyzed in consultation with NMFS under section 7
of the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq. In February
of 2007, the Navy concluded consultation with NMFS, which issued a
Biological Opinion on February 9, 2007. NMFS issued a Biological
Opinion that includes an incidental take statement that exempts the
Navy from the prohibitions in section 9 of the ESA through January
2009. The Biological Opinion found that the Navy's actions were not
likely to result in jeopardy to any listed species nor adversely modify
any designated critical habitat, and includes an incidental take
statement that exempts the Navy from the prohibitions in section 9 of
the Endangered Species Act through January 2009.
[[Page 4191]]
For the planned exercises, the Navy conducted acoustic propagation
modeling and effects analysis and determined that there would be no
permanent physical effects on marine mammals from MFA sonar exposure.
The NMFS further reviewed the environmental effects and found any
potential behavioral or physiological effects would be temporary
effects to individual marine mammals.
In January 2008, NMFS further reviewed the environmental effects of
Navy training exercises in SOCAL on marine mammals in and adjacent to
SOCAL, determining that while there is some potential for injury, the
mitigation measures employed as a result of the NDE and the reporting
and monitoring measures outlined in the Biological Opinion will
minimize that risk to marine mammals in and adjacent to the exercise
area. The review concluded that NMFS does not expect the COMPTUEX and
JTFEX exercises through January 23, 2009 to result in adverse
population level effects for any of the marine mammal populations.
Nature and Scope of the Emergency: The use of MFA sonar is complex
and requires constant training to achieve and maintain combat
proficiency and effectiveness. MFA sonar is the Navy's best means of
detecting potentially hostile diesel-electric submarines. The primary
Strike Group targets of hostile submarines are the Navy's aircraft
carriers, which typically carries over 5,300 personnel and the
Amphibious Assault Ship carry the Marine Expeditionary Unit. Thus, the
inability to train effectively with MFA sonar literally puts the lives
of thousands of Americans at risk. If a Strike Group does not gain
proficiency in MFA sonar, and cannot be certified as combat ready, the
national security implications would be enormous. This harm compounds
quickly if additional Strike Groups cannot be certified.
On August 7, 2007, the U.S. District Court for the Central District
of California in Natural Resources Defense Council v. Winter (CV 07-
335) issued an order enjoining all MFA sonar use during the Navy's
remaining SOCAL Operating Area COMPTUEXs and JTFEXs scheduled to occur
through January 2009. This order was stayed by an emergency panel of
the Ninth Circuit Court of Appeals on August 31, 2007, pending full
hearing of the Navy's appeal of the injunction. On November 13, 2007, a
different panel of the Ninth Circuit ruled on the appeal, finding that
the District Court had abused its discretion, leaving the stay in place
long enough for the Navy to complete an ongoing exercise, and then
reinstating the August 7 injunction until the District Court issued a
new, tailored injunction ``under which the Navy may conduct its
training exercises.'' The panel set a deadline of January 4, 2008, for
the District Court to issue the tailored injunction.
On January 3, 2008, the District Court issued a new preliminary
injunction that bars any training with MFA sonar within 12 nautical
miles of the California coastline or anywhere in the Santa Catalina
basin, except that Navy can use MFA sonar in the San Clemente Island
Range Complex if the location is at least 5 nautical miles from the
western shore of San Clemente Island. The new injunction also imposed a
2,200 yard (2,000 meter) sonar shutdown zone for ships, sonobuoys, and
helicopters; 6 decibel (dB) power down when surface ducting conditions
are detected regardless of the presence of marine mammals; 60 minutes
of monitoring each day before use of MFA sonar; two dedicated (no other
duties) NOAA- and NMFS-trained lookouts during MFA sonar use; use of
passive acoustic monitoring to the maximum extent practicable; and
aerial monitoring 60 minutes before and during MFA sonar exercises. The
aerial monitoring included at least one dedicated aircraft. Helicopters
must monitor for marine mammals for 10 minutes before use of dipping
sonar. Finally, Navy must continue to comply with all 29 mitigation
measures required by the NDE under the MMPA issued on January 23, 2007,
unless superseded by one or more of the restrictions imposed by the
court.
On January 10, 2008, the District Court modified the new injunction
to ``correct clerical errors and omissions.'' The court ordered that
(1) the 2,200 yard shutdown zone does not apply to dolphins or
porpoises that are ``bow riding''; (2) dedicated monitoring aircraft
are no longer required during the entire exercise (Navy aircraft
engaged in the exercise are now sufficient); and (3) the requirement to
reduce power by 6 dB when surface ducting conditions are present only
apply when ``significant'' surface ducting conditions are present.
These changes left the 2,200 yard shutdown requirement in place.
Accounting for the court's recent changes to the new injunction
made on January 10, 2008, the order's training restrictions, in
particular the unaltered 2,200 yard shut down requirement and 6 dB
power down when significant surface ducting conditions are present,
create a significant and unreasonable risk that Strike Groups will not
be able to train effectively and certify as fully mission capable. The
COMPTUEXs and JTFEXs scheduled to occur in the SOCAL operating area
this month through January 2009 enable critical training. Effective MFA
sonar training is necessary to certify Strike Groups for deployment in
support of world-wide operational and combat activities.
While the Navy continues to prepare the SOCAL EIS that will analyze
potential effects to marine mammals from exposure to MFA sonar,
including use during COMPTUEXs and JTFEXs, it cannot delay this
critical training and subsequent certification. The inability to
conduct effective MFA sonar training and certify Strike Groups
constitutes an emergency with significant consequences to the national
security of the United States. Therefore, based upon the court's
preliminary determination as to the need for the Navy to prepare an EIS
that analyzes MFA sonar exposure effects during these exercises, per
the provisions of 40 CFR 1506.11, the Navy initiated consultation with
CEQ and requested alternative arrangements.
The Navy's request that CEQ provide for alternative arrangements
for NEPA compliance was limited to the Navy's proposed use of MFA sonar
during Commander THIRD Fleet's nine (9) training exercises, 4 COMPTUEXs
and 5 JTFEXs, in the SOCAL Operating Area. The Navy affirmed that any
alternative arrangements would remain in effect during the preparation
and completion of the SOCAL EIS or until January 23, 2009, whichever is
earlier. Applying these alternative arrangements to any other area or
exercise would not be appropriate absent an analysis tailored to such
other area and exercise.
Alternative Arrangements
The Navy accepts the alternative arrangements prescribed by CEQ for
the remaining MFA sonar training exercises in the SOCAL Operating Area
between today and January 23, 2009.
Mitigation Measures: The Navy will adhere to 29 mitigation measures
developed in cooperation with NMFS. These mitigation measures were
developed and included as an integral part of the NDE under the MMPA
invoked by the Deputy Secretary of Defense under Title 16, Section
1371(f) of the U.S. Code on January 23, 2007. That exemption applies to
all Department of Defense (DoD) military readiness activities employing
MFA sonar during major exercises or within established DoD maritime
ranges or established operating areas through January 23, 2009.
The Navy's proposed use of MFA sonar during the Commander THIRD
[[Page 4192]]
Fleet's proposed nine training exercises (four COMPTUEXs and five
JTFEXs), in the SOCAL Operating Area is based on the current knowledge
of the SOCAL Operating Area and the 29 NDE mitigation measures, some of
which are more fully described below:
The Navy will continue to ensure that watchstanders and lookouts
will include at a minimum: (1) Three non-dedicated watchstanders on all
surface ships required to look out for marine mammals during all
exercises; and (2) two lookouts on all surface ships required to look
out for marine mammals during all exercises. Furthermore, all sightings
of marine mammals by all watchstanders and all lookouts will be
reported directly to the Combat Information Center (CIC) or via the
appropriate watch stations for submission to the CIC, and the CIC will
disseminate the sighting information to all platforms in the area with
a recommendation for appropriate action (e.g., power down sonar;
surface or subsurface vessels to avoid area or increase distance from
mammals; aerial platforms to increase vigilance). Similarly, all aerial
platforms will monitor the area for marine mammals during their
assigned missions and report marine mammal presence and confirmed
sightings to Aircraft Control Unit for submission to the CIC, and the
CIC will disseminate the sighting information to all platforms in the
area to ensure they are aware of the presence of marine mammals and can
take steps to increase vigilance or execute mitigation measures
applicable to these exercises (e.g., power down sonar; surface or
subsurface vessels to avoid area or increase distance from mammals;
aerial platforms to increase vigilance).
The Navy will continue to submit after action reports (AARs) to
NMFS 120 days after the conclusion of any COMPTUEX or JTFEX that
contain: (1) An assessment of the mitigation and monitoring measures
and how to improve them; and (2) the results of marine mammal
monitoring, including all instances where marine mammals were observed
and the levels of MFA sonar to which they were exposed, based on the
NDE sonar mitigation measures and the requirements of the Biological
Opinion dated February 9, 2007.
Use of MFA sonar in the SOCAL Operating Area for COMPTUEX and JTFEX
training will occur in W-291 and SOAR. The training exercises in SOAR
will occur at least 5 nautical miles away from the western shoreline of
San Clemente Island. Aside from San Clemente Island, there are no other
islands located within W-291 or SOAR. The Channel Islands National
Marine Sanctuary is located entirely outside of W-291 and SOAR.
The Navy will use meters rather than yards to describe the safety
zone set forth in NDE mitigation measure 20, and the safety zone used
in the SOCAL Operating Area will be 1000 meters. The Navy will power
down 6dB if a marine mammal is detected within the safety zone. The
Navy will power down an additional 4 dB at 500 meters and will shut off
sonar transmissions at 200 meters. The remaining features of the safety
zone described in NDE measure 20 will remain the same.
Public Participation: The Navy will ensure active public
participation during the development of the SOCAL EIS and all other
range EISs underway and scheduled for completion in 2008 that analyze
MFA sonar effects. For the SOCAL EIS, the Navy will release the draft
EIS (DEIS) for public review in early April 2008 with a public comment
period of 45 days that will span the month of April and extend to mid-
May. In addition to publication of the Notice of Availability by the
Environmental Protection Agency (EPA) in the Federal Register, the Navy
will publish a Notice of Availability in three local California
newspapers: San Diego Union Tribune, North County Times (San Diego
County), and The Press-Telegram (Long Beach).
The Navy will mail a postcard to all those who attended scoping
meetings and those who submitted comments or requested copies of the
DEIS. The postcard will announce availability of the DEIS and provide
information on how and where to obtain copies. Three public hearings
will be held in or near the following California communities: Coronado,
Oceanside, and Long Beach. The locations of the meetings will be
publicly announced in the Federal Register, the California newspapers
San Diego Union Tribune, North County Times (San Diego County), and The
Press-Telegram (Long Beach) and posted on the Web site http://www.socalrangecomplexeis.com at least 15 days beforehand.
Copies of the DEIS will also be available at four libraries in
Southern California--the San Diego Central Library, the Coronado Public
Library, the San Clemente Library, and the San Pedro Regional Branch
Library--and at http://www.socalrangecomplexeis.com. The DEIS will be
accompanied by fact sheets (presently under development) that will
address the proposed action (including the use of MFA sonar during
these exercises), marine mammals in the Range Complex, and major events
(including these major exercises). These fact sheets will track with
facts made available during the public scoping process. The DEIS will
be distributed to federal, state, and local elected and tribal
officials and government and tribal agencies, non-governmental
organizations (NGOs), and citizens, many of whom participated in the
scoping process. NGOs on the distribution list include those known to
have an interest in the ocean, ocean resources, or use of sonar and its
effects on marine animals, including recreationists, sport and
commercial fishing groups, environmental interest organizations,
chambers of commerce, business entities, museums, and universities. In
addition, prior to the public hearings, Navy will offer elected
officials and agencies the opportunity to participate in briefings on
the content and conclusions of the DEIS.
The Navy will provide notice of these alternative arrangements and
publish this Decision Memorandum in the Federal Register. In addition,
Navy will publish notice of these alternative arrangements in the
following newspapers: (1) Los Angeles Times; (2) Sacramento Bee; (3)
San Diego Union-Tribune; (4) North County Times (San Diego County); and
(5) Daily Breeze (San Pedro, California).
Concurrent with the Federal Register notice, the Navy will include
notices to the parties identified in its request to CEQ of January 10,
2008, as well as World Wildlife Fund, Nature Conservancy, National
Wildlife Federation, Whale and Dolphin Conservation Society, Ocean
Mammal Institute, Center for Whale Research, Consortium for
Oceanographic Research and Education, National Fisheries Institute,
American Sportfishing Association, Coastal Conservation Association,
International Fund for Animal Welfare, American Tunaboat Association,
Pacific Fisheries Management Council, Western Fish Boat Owners
Association, Southern California Lobster and Trap Fisherman's
Association, Southern California Trawler's Association, Morro Bay
Commercial Fisherman Organization, Southern California Commercial
Fishing Association, California Wetfish Producers Association, United
Anglers of Southern California, Tuna Club of Santa Catalina Island,
International Game Fish Association, Long Beach Sportfishing,
Recreational Fishing Alliance, United Anglers of Southern California,
United Pier & Shore Anglers of California, Scripps Research Institute,
University of California at Santa Cruz, and the Applied Physics
Laboratory--University of Washington.
[[Page 4193]]
The notices will specifically seek input on the process for
reviewing post-exercise assessments and include an offer to meet
jointly with Navy representatives from the office of the Assistant
Secretary of the Navy (Installations & Environment) and the office of
the Chief of Naval Operations, and CEQ to discuss the alternative
arrangements.
CEQ will be provided copies of any notices made in accordance with
the alternative arrangements and the notices will be posted on the Web
site at http://www.socalrangecomplexeis.com.
The Navy will also provide CEQ notice of the post-exercise
assessments which the Navy prepares for each exercise within 120 days
of completion of each exercise (or 120 days after completion of an
exercise which is reported as part of a group of exercises) to which
these alternative arrangements apply. Further dissemination of the
post-exercise assessments will be determined after considering input
received in response to the Navy notice of alternative arrangements,
and the further dissemination of the post-exercise assessments will be
incorporated into the alternative arrangements.
After the conclusion of the alternative arrangements, and no later
than March 23, 2009, the Navy will provide a report to CEQ on the use
of the alternative arrangements that reviews the value and
effectiveness of those arrangements. Notice of the report will be
provided in the Federal Register, the five newspapers (Los Angeles
Times; Sacramento Bee; San Diego Union-Tribune; North County Times (San
Diego County); and Daily Breeze (San Pedro, California)) and on the Web
site at http://www.socalrangecomplexeis.com.
Adaptive Management: Under the NDE, the Navy will continue to
submit to NMFS's Office of Protected Resources (OPR) a report, within
120 days of the completion of major exercises, containing a discussion
of the nature of effects on marine mammals from exposure to MFA sonar,
if observed, based upon both modeled results of real-time events and
sightings of marine mammals.
The Navy also consulted under the ESA with NMFS regarding the
effects of its sonar activities for these exercises on listed species.
NMFS issued a Biological Opinion finding that the Navy's actions were
not likely to result in jeopardy to any listed species nor adversely
modify any designated critical habitat. The Navy will continue to
adhere to monitoring and reporting requirements specified in the
Biological Opinion.
The Navy will continue to meet the requirements set out in the NDE
for AARs. To accelerate and improve the information on marine mammal
exposure effects or lack of effects, the Navy will modify its reporting
and recordation processes to enable a more comprehensive analysis of
impacts to marine mammals (including beaked whales that are not listed
under the ESA) and ASW training during these major exercises and
integrate these modifications into the reports prepared on the
exercises conducted between March 1, 2008, and January 23, 2009. The
reporting and monitoring program improvements identified using adaptive
management principles will also inform the EIS process for the SOCAL
Range Complex.
Research Measures: Efforts to obtain more information about the
quantity, distribution, migration, and reactions of marine mammals to
MFA sonar is ongoing and will continue. Consequently, information being
obtained will inform compliance with the substantive provisions of the
MMPA and ESA, and the procedural requirements of CZMA and NEPA. For
NEPA, this information will inform the ongoing SOCAL EIS process as
well as future exercise planning in the SOCAL Operating Area and serve
to provide the basis for integrated compliance with all environmental
statutes.
The Navy will continue to implement the following research measures
to provide for continual improvement in the quality of information
available:
The Navy will continue to improve information regarding marine
mammal presence and density in the SOCAL Operating Area by coordinating
with NMFS to determine the need to identify areas within the SOCAL
Operating Area for additional marine mammal surveys. If a need is
identified, an implementation plan identifying the areas and providing
a schedule for the surveys will be developed no later than July 2008.
The surveys will be designed to help determine where and when there are
concentrations of marine mammals in the SOCAL Operating Area. The
survey will occur over a two-year period through July 2010.
The Navy will continue to work on a program that will enhance its
ability to use passive hydrophones on the SOAR Instrumented Range to
detect and track marine mammals on those portions of the range where
the passive hydrophones are in place. To ensure that these efforts
remain focused, the Navy will develop an implementation plan and
schedule to expand the technical capability of existing hydrophones to
detect marine mammals by April 4, 2008. The implementation plan should
provide for completion of prototype classifiers for Cuvier's and
Blainesville's beaked whales and visual verification of other small
odontocetes detected by passive hydrophones by April 15, 2009.
As part of the SOCAL EIS, the Navy is evaluating a proposal to
extend the range areas monitored by passive hydrophones. If Navy
decides to extend the area covered by passive hydrophones as part of
its ROD for the SOCAL EIS, the Navy will determine a timetable for
acquisition and installation of additional hydrophones by March 30,
2009.
The Navy is evaluating current research regarding infrared (IR)
technology for use in collecting data regarding marine mammals,
assessing the feasibility of acquiring and deploying additional IR
capabilities during major exercises or for conducting surveys, and
developing a plan for acquiring and deploying IR in data collection
efforts. The plan will be published no later than June 15, 2008.
Dated: January 15, 2008.
Donald C. Winter,
Secretary of the Navy.
[FR Doc. E8-1175 Filed 1-23-08; 8:45 am]
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