Composite Training Unit Exercises and Joint Task ... - Govsupport.us

COMPTUEX/JTFEX EA/OEA Final Chapter 44.3.1.8 Summary of Regulatory Framework4.3.1.8.1 Endangered Species Act (ESA)The EA/OEA analyzes potential effects to species listed under the Endangered Species Act (ESA). Inaccordance with ESA requirements, the Navy completed consultation under Section 7 of the ESA with theNational Marine Fisheries Service (NMFS) on the potential that COMPTUEX/JTFEX activities mayaffect listed species in the action area. In concluding the Section 7 consultation, NMFS issued aBiological Opinion (BO) (February 9, 2007) finding that conduct of the JTFEX and COMPTUEX mayaffect but are not likely to adversely affect the white abalone (Haliotis sorenseni), four sea turtles(loggerhead [Caretta caretta], leatherback [Dermochelys coriacea], eastern Pacific green [Cheloniaagassizi], and olive ridley [Lepidochelys olivacea]), listed fish (Chinook salmon [Oncorhynchustshawytscha], steelhead [Oncorhynchus mykiss], and green sturgeon [Acipenser medirostris]), the NorthPacific right whale (Eubalaena japonica), the Southern Resident killer whale (Orcinus orca), or theStellar sea lion (Eumetopias jubatus). The opinion further concludes that conduct of these exercises willnot likely result in fitness consequences for the blue whale (Balaenoptera musculus) and is not likely tojeopardize the continued existence of the fin whale (Balaenoptera physalus), the sei whale (Balaenopteraborealis), the humpback whale (Megaptera novaeangliae), the sperm whale (Physeter macrocephalus) orthe Guadalupe fur seal (Arctocephalus townsendi). In addition, NMFS issued the Navy an incidental takestatement requiring terms and conditions to be implemented in order to be exempt from the prohibitionsof Section 9 of the ESA. In accordance with these terms and conditions the Navy will implement“measures to reduce the probability of exposing” any endangered mammals, implement a monitoringprogram in association with COMPTUEX/JTFEX to evaluate assumptions contained in the BiologicalOpinion, and to provide NMFS with reports (verbal and written) regarding the observed marine mammalsduring the exercises. Land-based activities will be conducted in accordance with existing biologicalopinions. Based on receipt of the BO, the Navy concludes that no significant impacts to Federally-listedspecies will occur as a result of COMPTUEX/JTFEX.4.3.1.8.2 Marine Mammal Protection Act (MMPA)No incidental harassment of marine mammals is expected as a result of underwater detonations. Thepredicted incidents of harassment from the acoustic modeling were considered in the context of themitigation measures in Chapter 5. As a result, takes of marine mammals associated with underwaterdetonations are not reasonably foreseeable.As a result of acoustic effects associated with mid-frequency active sonar use, the proposed action mayresult in incidental Level B harassment of 23 species of marine mammals. By Navy policy developed inconjunction with NMFS, modeled Level B harassment of beaked whale species are considered aspotential Level A harassment. In addition, common dolphins may be exposed to Level A harassmentfrom mid-frequency active sonar. Mitigation measures are expected to be effective in reducing thepotential for Level A harassment. No serious injury or mortality of any marine mammal species isreasonably foreseeable. No adverse effects on the annual rates of recruitment or survival of any of thespecies and stocks assessed in this document are expected as a result of the estimated incidents of Level Band very limited estimated Level A harassment. In addition, the mitigation measures presented inChapter 5 result in the action having the least practicable adverse impact on species or stocks.Title 16 United States Code, Section 1371(f) of the MMPA provides that [t]he Secretary of Defense, afterconferring with the Secretary of Commerce, the Secretary of the Interior or both as appropriate, mayexempt any action or category of actions undertaken by the Department of Defense or its componentsfrom compliance with any requirement of this chapter, if the Secretary determines that it is necessary for4-79 February 2007