NMFS Biological Opinion on U.S. Navy training ... - Govsupport.us

FINAL PROGRAMMATIC BIOLOGICAL OPINION ON U.S. NAVY ACTIVITIES IN THE HAWAII RANGE COMPLEX 2008-2013
mental Impact Statement for the Hawai'i Range Complex; and after-action reports and monitoring reports associated
with the 2006 and 2008 Rim of the Pacific exercises and Undersea Warfare Exercises that have been conducted in
the Hawai'i Range Complex between 2006 and 2008.
As a separate but related action, the U.S. Navy also proposes to employ the Surveillance Towed Array Sensor
System Low Frequency Active (SURTASS LFA) Sonar system in the Hawai'i Range Complex. Those portions of this
<strong>Opinion</strong> that address this proposal are based on the Final Overseas Environmental Impact Statement and Environmental
Impact Statement for Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar
(U.S. Navy 1999b, 2001a, 2001b), the Final Supplemental Environmental Impact Statement for Surveillance Towed
Array Sensor System Low Frequency Active (SURTASS LFA) Sonar (U.S. Navy 2007d), the October 1999 <strong>Biological</strong>
Assessment for the Employment of the Surveillance Towed Array Sensor System Low Frequency Active (SURTASS
LFA) Sonar (Navy 1999a); a February 1999 report on Marine Vertebrates and Low Frequency Sound: Technical
Report for LFA EIS prepared by the Marine Mammal and Seabird Ecology Group of the University of California,
Santa Cruz, Institute of Marine Sciences (Croll et al. 1999); unclassified monitoring reports the U.S. Navy submitted
to comply with the reporting requirements of the Incidental Take Statements contained in previous biological
opinions on MMPA letters of authorization for the employment of the SURTASS LFA sonar system (2002, 2003, 2004,
2005, 2006, 2007c), and various documents <strong>NMFS</strong>’ Permits, Conservation, and Education Division prepared in
support of proposed and final regulations that authorize the U.S. Navy to take small numbers of marine mammals
incidental to the employment of SURTASS LFA.
This <strong>Opinion</strong> has been prepared in accordance with section 7 of the ESA and is based on information provided in the
applications for regulations and associated letters of authorization, published and unpublished scientific information
on the biology and ecology of threatened and endangered whales, monk seals, and sea turtles in the action area, and
other sources of information that are discussed in greater.detail in the Approach to the Assessment section of this
<strong>Opinion</strong>.
Consultation History
On 3 April 2007, the U.S. Navy sent a letter to the National Marine Fisheries Service’s Permits, Conservation, and
Education Division (hereafter, Permits Division) asking for that Division to initiate early consultation with <strong>NMFS</strong>’
Endangered Species Division pursuant to section 7(a)(3) of the Endangered Species Act of 1973, as amended (16
U.S.C. 1539(a)(3)). That request asked <strong>NMFS</strong>’ Permits Division to initiate early consultation on the U.S. Navy’s
intention to request a letter of authorization, pursuant to the Marine Mammal Protection Act of 1972, to “take”
marine mammals incidental to incidental to training activities in the Hawai'i Range Complex that use mid- or highfrequency
active sonar or underwater explosives.
On June 25, 2007, the U.S. Navy submitted an application to the Permits Division that requested authorization for
the “take” of 24 species of marine mammals incidental to upcoming Navy training activities to be conducted within
the Hawai'i Range Complex over the course of five years. The Navy requested authorization to “take” individuals of
24 species of marine mammals by Level B Harassment (as the term “take” is defined by the Marine Mammal
Protection Act); although the U.S. Navy did not anticipate it to occur, it requested authorization to take, by injury or
mortality, up to 10 individuals each of 10 species over the course of the 5-year period (bottlenose dolphin, Kogia
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