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
spp., melon-headed whale, pantropical spotted dolphin, pygmy killer whale, short-finned pilot whale, striped
dolphin, and Cuvier’s, Longman’s, and Blainville’s beaked whales).
In July 2007, the U.S. Navy published a Draft Environmental Impact Statement and Overseas Environmental Impact
Statement on activities the U.S. Navy planned to conduct in the Hawai'i Range Complex. The DEIS evaluated the
potential effects of alternatives to the Navy’s use of the range, including current and additional training activities and
Research, Development, Test and Evaluation activities in the range.
Between October 2007 and December 2007, personnel from the U.S. Navy and <strong>NMFS</strong> met numerous times to discuss
(1) different approaches and methods that could be used to estimate the number of marine mammals that might be
exposed to mid-frequency active sonar during exercises; (2) different methods that could be used to estimate the
proportion of a “population” of marine mammals that might experience behavioral “harassment” (as that term is
defined by the ESA and Marine Mammal Protection Act of 1972, as amended) given their exposure to mid-frequency
active sonar; and (3) different approaches and methods to monitor and mitigate the potential effects of midfrequency
active sonar on marine animals (marine mammals, sea turtles, and fish).
In February 2008, the U.S. Navy prepared a Supplement to its July 2007 Draft Environmental Impact Statement and
Overseas Environmental Impact Statement on activities the U.S. Navy planned to conduct in the Hawai'i Range
Complex. In this supplement to the DEIS, the U.S. Navy developed and selected a new preferred alternative. On 9
May 2008, the U.S. Navy published its Final Environmental Impact Statement and Overseas Environmental Impact
Statement on activities the U.S. Navy planned to conduct in the Hawai'i Range Complex.
On 6 June 2008, <strong>NMFS</strong> provided the U.S. Navy with an electronic copy of its draft preliminary biological opinion on
the activities the U.S. Navy planned to conduct in the Hawai’i Range Complex from January 2009 through January
2014. On 15 June 2008, the Navy provided its comments on that draft document. On 21 June 2008, <strong>NMFS</strong> issued a
final biological opinion on the U.S. Navy’s proposal to conduct Rim of the Pacific Exercises in the Hawai’i Range
Complex in July 2008 and other training activities in the Hawai’i Range Complex from July 2008 through the third
week of January 2009.
On 23 June 2008, <strong>NMFS</strong> published a proposed rule in the Federal Register on the U.S. Navy’s request for a letter of
authorization to “take” marine mammals incidental to training activities the U.S. Navy planned to conduct in the
Hawai’i Range Complex.
On 26 June 2008, <strong>NMFS</strong> provided copies of its preliminary biological opinion to the U.S. Navy and the Permits
Division. After <strong>NMFS</strong> issued that preliminary biological opinion, the timing and scope of the action changed from the
timing and scope that had been considered in <strong>NMFS</strong>’ preliminary biological opinion. Specifically, the duration of the
proposed permit changed from January 2009 – January 2014 to December 2008 – December 2013 and the proposed
action expanded to include a series of multi-strike exercises that had not been included in the preliminary biological
opinion. Those changes were sufficient to require <strong>NMFS</strong> to prepare a new, final biological opinion on the proposed
action rather than affirm its preliminary biological opinion as final.
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