Proposed Rule2022-16509

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training Activities in the Gulf of Alaska Study Area

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
August 11, 2022

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS has received a request from the U.S. Navy (Navy) to take marine mammals incidental to training activities conducted in the Gulf of Alaska (GOA) Study Area (hereafter referred to as the GOA Study Area). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations and a subsequent Letter of Authorization (LOA) to the Navy to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to issuing any final rule and making final decisions on the issuance of the requested LOA. Agency responses to public comments will be provided in the notice of the final decision. The Navy's activities qualify as military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA).

Full Text

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[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Proposed Rules]
[Pages 49656-49765]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16509]



[[Page 49655]]

Vol. 87

Thursday,

No. 154

August 11, 2022

Part II





Department of Commerce





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National Oceanic and Atmospheric Administration





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50 CFR Part 218





Taking and Importing Marine Mammals; Taking Marine Mammals Incidental 
to the U.S. Navy Training Activities in the Gulf of Alaska Study Area; 
Proposed Rule

Federal Register / Vol. 87 , No. 154 / Thursday, August 11, 2022 / 
Proposed Rules

[[Page 49656]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 218

[Docket No. 220726-0163]
RIN 0648-BK46


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the U.S. Navy Training Activities in the Gulf of Alaska 
Study Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) to take 
marine mammals incidental to training activities conducted in the Gulf 
of Alaska (GOA) Study Area (hereafter referred to as the GOA Study 
Area). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to issue regulations and a 
subsequent Letter of Authorization (LOA) to the Navy to incidentally 
take marine mammals during the specified activities. NMFS will consider 
public comments prior to issuing any final rule and making final 
decisions on the issuance of the requested LOA. Agency responses to 
public comments will be provided in the notice of the final decision. 
The Navy's activities qualify as military readiness activities pursuant 
to the MMPA, as amended by the National Defense Authorization Act for 
Fiscal Year 2004 (2004 NDAA).

DATES: Comments and information must be received no later than 
September 26, 2022.

ADDRESSES: Submit all electronic public comments via the Federal e-
Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-
NMFS-2022-0060 in the Search box. Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. 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, or Adobe PDF file formats only.
    A copy of the Navy's application and other supporting documents and 
documents cited herein may be obtained online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-training-activities-gulf-alaska-temporary-maritime-0">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-training-activities-gulf-alaska-temporary-maritime-0</a>. In case of 
problems accessing these documents, please use the contact listed here 
(see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Leah Davis, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Purpose of Regulatory Action

    These proposed regulations, issued under the authority of the MMPA 
(16 U.S.C. 1361 et seq.), would provide the framework for authorizing 
the take of marine mammals incidental to the Navy's training activities 
(which qualify as military readiness activities), including the use of 
sonar and other transducers, and in-air detonations at or near the 
surface (within 10 m above the water surface) in the GOA Study Area. 
The GOA Study Area is comprised of three areas: the Temporary Maritime 
Activities Area (TMAA), a warning area, and the Western Maneuver Area 
(WMA) (see Figure 1). The TMAA and WMA are temporary areas established 
within the GOA for ships, submarines, and aircraft to conduct training 
activities. The warning area overlaps and extends slightly beyond the 
northern corner of the TMAA. The WMA is located south and west of the 
TMAA and provides additional surface, sub-surface, and airspace in 
which to maneuver in support of activities occurring within the TMAA. 
The use of sonar and other transducers, and explosives would not occur 
within the WMA.
    NMFS received an application from the Navy requesting 7-year 
regulations and an authorization to incidentally take individuals of 
multiple species of marine mammals (``Navy's rulemaking/LOA 
application'' or ``Navy's application''). Take is anticipated to occur 
by Level A harassment and Level B harassment incidental to the Navy's 
training activities. No lethal take is anticipated or proposed for 
authorization.

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA direct the 
Secretary of Commerce (as delegated to NMFS) to allow, upon request, 
the incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are proposed or, if the taking 
is limited to harassment, the public is provided with notice of the 
proposed incidental take authorization and provided the opportunity to 
review and submit comments.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stocks and will not have an unmitigable adverse impact on the 
availability of the species or stocks for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other means of effecting the least practicable adverse 
impact on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to in this rule as 
``mitigation measures''); and requirements pertaining to the monitoring 
and reporting of such takings. The MMPA defines ``take'' to mean to 
harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or 
kill any marine mammal. The Preliminary Analysis and Negligible Impact 
Determination section below discusses the definition of ``negligible 
impact.''
    The NDAA for Fiscal Year 2004 (2004 NDAA) (Pub. L. 108-136) amended 
section 101(a)(5) of the MMPA to remove the ``small numbers'' and 
``specified geographical region'' provisions indicated above and 
amended the definition of ``harassment'' as applied to a ``military 
readiness activity.'' The definition of harassment for military 
readiness activities (Section 3(18)(B) of the MMPA) is (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

[[Page 49657]]

point where such behavioral patterns are abandoned or significantly 
altered (Level B harassment). In addition, the 2004 NDAA amended the 
MMPA as it relates to military readiness activities such that the least 
practicable adverse impact analysis shall include consideration of 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.
    More recently, Section 316 of the NDAA for Fiscal Year 2019 (2019 
NDAA) (Pub. L. 115-232), signed on August 13, 2018, amended the MMPA to 
allow incidental take rules for military readiness activities under 
section 101(a)(5)(A) to be issued for up to 7 years. Prior to this 
amendment, all incidental take rules under section 101(a)(5)(A) were 
limited to 5 years.

Summary and Background of Request

    On October 9, 2020, NMFS received an adequate and complete 
application from the Navy requesting authorization for take of marine 
mammals, by Level A harassment and Level B harassment, incidental to 
training from the use of active sonar and other transducers and 
explosives (in-air, occurring at or above the water surface) in the 
TMAA over a 7-year period beginning when the current authorization 
expires. On March 12, 2021, the Navy submitted an updated application 
that provided revisions to the Northern fur seal take estimate and 
incorporated additional best available science. In August 2021, the 
Navy communicated to NMFS that it was considering an expansion of the 
GOA Study Area and an expansion of the Portlock Bank Mitigation Area 
proposed in its previous applications. On February 2, 2022, the Navy 
submitted a second updated application that described the addition of 
the WMA to the GOA Study Area (which previously just consisted of the 
TMAA) and the replacement of the Portlock Bank Mitigation Area with the 
Continental Shelf and Slope Mitigation Area. The Navy is not planning 
to conduct any testing activities.
    On January 8, 2021 (86 FR 1483), we published a notice of receipt 
(NOR) of application in the Federal Register, requesting comments and 
information related to the Navy's request for 30 days. We received one 
comment on the NOR that was non-substantive in nature.
    The following types of training, which are classified as military 
readiness activities pursuant to the MMPA, as amended by the 2004 NDAA, 
would be covered under the regulations and LOA (if issued): surface 
warfare (detonations at or above the water surface) and anti-submarine 
warfare (sonar and other transducers). The Navy is also conducting Air 
Warfare, Electronic Warfare, Naval Special Warfare, Strike Warfare, and 
Support Operations, but these activities do not involve sonar and other 
transducers, detonations at or above the water surface, or any other 
stressors that could result in the take of marine mammals. (See the 
2020 GOA Draft SEIS/OEIS for more detail on those activities). The 
activities would not include in-water explosives, pile driving/removal, 
or use of air guns.
    This would be the third time NMFS has promulgated incidental take 
regulations pursuant to the MMPA relating to similar military readiness 
activities in the GOA, following those effective beginning May 4, 2011 
(76 FR 25479; May 4, 2011) and April 26, 2017 (82 FR 19530; April 27, 
2017).
    The Navy's mission is to organize, train, equip, and maintain 
combat-ready naval forces capable of winning wars, deterring 
aggression, and maintaining freedom of the seas. This mission is 
mandated by Federal law (10 U.S.C. 8062), which requires the readiness 
of the naval forces of the United States. The Navy executes this 
responsibility by establishing and executing training programs, 
including at-sea training and exercises, and ensuring naval forces have 
access to the ranges, operating areas (OPAREA), and airspace needed to 
develop and maintain skills for conducting naval activities.
    The Navy has conducted training activities in the TMAA portion of 
the GOA Study Area since the 1990s. Since the 1990s, the Department of 
Defense has conducted a major joint training exercise in Alaska and off 
the Alaskan coast that involves the Departments of the Navy, Army, Air 
Force, and Coast Guard participants reporting to a unified or joint 
commander who coordinates the activities. These activities are planned 
to demonstrate and evaluate the ability of the services to engage in a 
conflict and successfully carry out plans in response to a threat to 
national security. The Navy's planned activities for the period of this 
proposed rule would be a continuation of the types and level of 
training activities that have been ongoing for more than a decade. 
While the specified activities have not changed, there are changes in 
the platforms and systems used in those activities, as well as changes 
in the bins (source classifications) used to analyze the activities. 
(For example, two new sonar bins were added (MF12 and ASW1) and another 
bin was eliminated (HF6). This was due to changes in platforms and 
systems.) Further, the Navy expanded the GOA Study Area to include the 
WMA, though the vast majority of the training activities would still 
occur only in the TMAA.
    The Navy's rulemaking/LOA application reflects the most up-to-date 
compilation of training activities deemed necessary by senior Navy 
leadership to accomplish military readiness requirements. The types and 
numbers of activities included in the proposed rule account for 
fluctuations in training in order to meet evolving or emergent military 
readiness requirements. These proposed regulations would become 
effective in December of 2022 and would cover training activities that 
would occur for a 7-year period following the expiration of the current 
MMPA authorization for the GOA, which expired on April 26, 2022.

Description of the Specified Activity

    The Navy requests authorization to take marine mammals incidental 
to conducting training activities. The Navy has determined that 
acoustic and explosives stressors are most likely to result in impacts 
on marine mammals that could rise to the level of harassment, and NMFS 
concurs with this determination. Detailed descriptions of these 
activities are provided in Chapter 2 of the 2020 GOA Draft Supplemental 
Environmental Impact Statement (SEIS)/Overseas EIS (OEIS) (2020 GOA 
DSEIS/OEIS) (<a href="https://www.goaeis.com/">https://www.goaeis.com/</a>) and in the Navy's rulemaking/LOA 
application (<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-training-activities-gulf-alaska-temporary-maritime-0">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-training-activities-gulf-alaska-temporary-maritime-0</a>) and are summarized here.

Dates and Duration

    Training activities would be conducted intermittently in the GOA 
Study Area over a maximum time period of up to 21 consecutive days 
annually from April to October to support a major joint training 
exercise in Alaska and off the Alaskan coast that involves the 
Departments of the Navy, Army, Air Force, and Coast Guard. The 
participants report to a unified or joint commander who coordinates the 
activities planned to demonstrate and evaluate the ability of the 
services to engage in a conflict and carry out plans in response to a 
threat to national security. The specified activities would occur over 
a maximum time period of up to 21 consecutive days each year during the 
7-year period of validity of the regulations. The proposed number of 
training activities are described in the Detailed Description of 
Proposed Activities section (Table 3) of this proposed rule.

[[Page 49658]]

Geographical Region

    The GOA Study Area (see Figure 1 below and Figure ES-1 of the 2022 
Supplement to the 2020 GOA DSEIS/OEIS) is entirely at sea and is 
comprised of the TMAA and a warning area in the Gulf of Alaska, and the 
WMA. The term ``at-sea'' refers to training activities in the Study 
Area (both the TMAA and WMA) that occur (1) on the ocean surface, (2) 
beneath the ocean surface, and (3) in the air above the ocean surface. 
Navy training activities occurring on or over the land outside the GOA 
Study Area are not included in this proposed rule, and are covered 
under separate environmental documentation prepared by the U.S. Air 
Force and the U.S. Army. As depicted in Figure 1 of this proposed rule, 
the TMAA is a polygon roughly resembling a rectangle oriented from 
northwest to southeast, approximately 300 nmi (556 km) in length by 150 
nmi (278 km) in width, located south of Montague Island and east of 
Kodiak Island. The GOA Study Area boundary was intentionally designed 
to avoid ESA-designated Steller sea lion critical habitat. The WMA is 
located south and west of the TMAA, and provides an additional 185,806 
nmi\2\ of surface, sub-surface, and airspace training to support 
activities occurring within the TMAA (Figure 1). The boundary of the 
WMA follows the bottom of the slope at the 4,000 m contour line, and 
was configured to avoid overlap and impacts to ESA-designated critical 
habitat, biologically important areas (BIAs), migration routes, and 
primary fishing grounds. The WMA provides additional airspace and sea 
space for aircraft and vessels to maneuver during training activities 
for increased training complexity. The TMAA and WMA are temporary areas 
established within the GOA for ships, submarines, and aircraft to 
conduct training activities.
    Additional detail can be found in Chapter 2 of the Navy's 
rulemaking/LOA application.
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Primary Mission Areas

    The Navy categorizes many of its training activities into 
functional warfare areas called primary mission areas. The Navy's 
planned activities for the GOA Study Area generally fall into the 
following six primary mission areas: Air Warfare; Surface Warfare; 
Anti-Submarine Warfare; Electronic Warfare; Naval Special Warfare; and 
Strike Warfare. Most activities conducted in the GOA are categorized 
under one of these primary mission areas; activities that do not fall 
within one of these areas are listed as ``support operations'' or 
``other training activities.'' Each warfare community (aviation, 
surface, and subsurface) may train in some or all of these primary 
mission areas. A description of the sonar, munitions, targets, systems, 
and other materials used during training activities within these 
primary mission areas is provided in Appendix A (Navy Activities 
Descriptions) of the 2020 GOA DSEIS/OEIS and section ES.2.2 (Proposed 
Activities in the Western Maneuver Area) of the 2022 Supplement to the 
2020 GOA DSEIS/OEIS.
    The Navy describes and analyzes the effects of its training 
activities within the 2020 GOA DSEIS/OEIS and 2022 Supplement to the 
2020 GOA DSEIS/OEIS. In its assessment, the Navy concluded that of the 
activities to be conducted within the GOA Study Area, sonar use and in-
air explosives occurring at or above the water surface were the 
stressors resulting in impacts on marine mammals that could rise to the 
level of harassment as defined under the MMPA. (The Navy is not 
proposing to conduct any activities that use in-water or underwater 
explosives.) Further, these activities are limited to the TMAA. No 
activities involving sonar use or explosives would occur in the WMA or 
the portion of the warning area that extends beyond the TMAA. 
Therefore, the Navy's rulemaking/LOA application provides the Navy's 
assessment of potential effects from sonar use and explosives occurring 
at or above the water surface in terms of the various warfare mission 
areas they are associated with. Those mission areas include the 
following:
    <bullet> surface warfare (in-air detonations at or above the water 
surface); \1\ and
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    \1\ Defined herein as being within 10 meters of the ocean 
surface.
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    <bullet> anti-submarine warfare (sonar and other transducers).
    The Navy's activities in Air Warfare, Electronic Warfare, Naval 
Special Warfare, Strike Warfare, Support Operations, and Other Training 
Activities do not involve sonar and other transducers, detonations at 
or near the surface, or any other stressors that could result in 
harassment, serious injury, or mortality of marine mammals. Therefore, 
the activities in these warfare areas are not discussed further in this 
proposed rule, but are analyzed fully in the 2020 GOA DSEIS/OEIS and 
2022 Supplement to the 2020 GOA DSEIS/OEIS. The specific acoustic 
sources analyzed in this proposed rule are contained in the 2020 GOA 
DSEIS/OEIS and are presented in the following sections based on the 
primary mission areas.
Surface Warfare
    The mission of surface warfare (named anti-surface warfare in the 
2011 GOA Final Environmental Impact Statement (FEIS)/Overseas 
Environmental Impact Statement (OEIS) and 2016 GOA Final Supplemental 
Environmental Impact Statement (FSEIS)/OEIS, but since changed by the 
Navy to ``Surface Warfare'') is to obtain control of sea space from 
which naval forces may operate, which entails offensive action against 
surface targets while also defending against enemy forces. In surface 
warfare, aircraft use guns, air-launched cruise missiles, or other 
precision-guided munitions; ships employ naval guns and surface-to-
surface missiles; and submarines attack surface ships using anti-ship 
cruise missiles.
Anti-Submarine Warfare
    The mission of anti-submarine warfare is to locate, neutralize, and 
defeat hostile submarine forces that threaten Navy surface forces. 
Anti-submarine warfare can involve various assets such as aircraft, 
ships, and submarines which all search for hostile submarines. These 
forces operate together or independently to gain early warning and 
detection, and to localize, track, target, and attack submarine 
threats.
    Anti-submarine warfare training addresses basic skills such as 
detecting and classifying submarines, as well as evaluating sounds to 
distinguish between enemy submarines and friendly submarines, ships, 
and marine life. These integrated anti-submarine warfare training 
exercises are conducted in coordinated, at-sea training events 
involving submarines, ships, and aircraft.

Overview of the Major Training Exercise Within the GOA Study Area

    The training activities in the GOA Study Area are considered to be 
a major training exercise (MTE). A MTE, for purposes of this 
rulemaking, is comprised of several unit-level activities conducted by 
several units operating together, commanded and controlled by a single 
Commander, and potentially generating more than 100 hours of active 
sonar. These exercises typically employ an exercise scenario developed 
to train and evaluate the exercise participants in tactical and 
operational tasks. In a MTE, most of the activities being directed and 
coordinated by the Commander in charge of the exercise are identical in 
nature to the activities conducted during individual, crew, and smaller 
unit-level training events. In a MTE, however, these disparate training 
tasks are conducted in concert, rather than in isolation. At most, only 
one MTE would occur in the GOA Study Area per year (over a maximum of 
21 days).

Description of Stressors

    The Navy uses a variety of sensors, platforms, weapons, and other 
devices, including ones used to ensure the safety of Sailors and 
Marines, to meet its mission. Training with these systems may introduce 
sound and energy into the environment. The proposed training activities 
were evaluated to identify specific components that could act as 
stressors by having direct or indirect impacts on the environment. This 
analysis included identification of the spatial variation of the 
identified stressors. The following subsections describe the acoustic 
and explosive stressors for marine mammals and their habitat (including 
prey species) within the GOA Study Area. Each description contains a 
list of activities that may generate the stressor. Stressor/resource 
interactions that were determined to have de minimis or no impacts 
(e.g., vessel noise, aircraft noise, weapons noise, and high-altitude 
(greater than 10 m above the water surface) explosions) were not 
carried forward for analysis in the Navy's rulemaking/LOA application. 
The Navy fully considered the possibility of vessel strike, conducted 
an analysis, and determined that requesting take of marine mammals by 
vessel strike was not warranted. Although the Navy did not request take 
for vessel strike, NMFS also fully analyzed the potential for vessel 
strike of marine mammals as part of this rulemaking. Therefore, this 
stressor is discussed in detail below. No Sinking Exercise (SINKEX) 
events are proposed in the GOA Study Area for this rulemaking, nor is 
establishment and use of a Portable Undersea Tracking Range (PUTR) 
proposed. NMFS reviewed the Navy's analysis and conclusions on de 
minimis and no-impact sources, included in Section 3.8.3 (Environmental 
Consequences) of

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the 2020 GOA DSEIS/OEIS and finds them complete and supportable.

Acoustic Stressors

    Acoustic stressors include acoustic signals emitted into the water 
for a specific purpose, such as sonar, other transducers (devices that 
convert energy from one form to another--in this case, into sound 
waves), incidental sources of broadband sound produced as a byproduct 
of vessel movement, aircraft transits, and use of weapons or other 
deployed objects. Explosives also produce broadband sound but are 
characterized separately from other acoustic sources due to their 
unique hazardous characteristics. Characteristics of each of these 
sound sources are described in the following sections.
    In order to better organize and facilitate the analysis of 
approximately 300 sources of underwater sound used by the Navy, 
including sonar and other transducers and explosives, a series of 
source classifications, or source bins, were developed. The source 
classification bins do not include the broadband noise produced 
incidental to vessel movement, aircraft transits, and weapons firing. 
Noise produced from vessel movement, aircraft transits, and use of 
weapons or other deployed objects is not carried forward because those 
activities were found to have de minimis or no impacts, as described 
above.
    The use of source classification bins provides the following 
benefits:
    <bullet> Provides the ability for new sensors or munitions to be 
covered under existing authorizations, as long as those sources fall 
within the parameters of a ``bin;''
    <bullet> Improves efficiency of source utilization data collection 
and reporting requirements anticipated under the MMPA authorizations;
    <bullet> Ensures a precautionary approach to all impact estimates, 
as all sources within a given class are modeled as the most impactful 
source (highest source level, longest duty cycle, or largest net 
explosive weight) within that bin;
    <bullet> Allows analyses to be conducted in a more efficient 
manner, without any compromise of analytical results; and
    <bullet> Provides a framework to support the reallocation of source 
usage (hours/explosives) between different source bins, as long as the 
total numbers of takes remain within the overall analyzed and 
authorized limits. This flexibility is required to support evolving 
Navy training and testing requirements, which are linked to real world 
events.
Sonar and Other Transducers
    Active sonar and other transducers emit non-impulsive sound waves 
into the water to detect objects, navigate safely, and communicate. 
Passive sonars differ from active sound sources in that they do not 
emit acoustic signals; rather, they only receive acoustic information 
about the environment, or listen. In this proposed rule, the terms 
sonar and other transducers will be used to indicate active sound 
sources unless otherwise specified.
    The Navy employs a variety of sonars and other transducers to 
obtain and transmit information about the undersea environment. Some 
examples are mid-frequency hull-mounted sonars used to find and track 
enemy submarines; high-frequency small object detection sonars used to 
detect mines; high-frequency underwater modems used to transfer data 
over short ranges; and extremely high-frequency (greater than 200 
kilohertz (kHz)) doppler sonars used for navigation, like those used on 
commercial and private vessels. The characteristics of these sonars and 
other transducers, such as source level, beam width, directivity, and 
frequency, depend on the purpose of the source. Higher frequencies can 
carry more information or provide more information about objects off 
which they reflect, but attenuate more rapidly. Lower frequencies 
attenuate less rapidly, so they may detect objects over a longer 
distance, but with less detail.
    Propagation of sound produced underwater is highly dependent on 
environmental characteristics such as bathymetry, bottom type, water 
depth, temperature, and salinity. The sound received at a particular 
location will be different than near the source due to the interaction 
of many factors, including propagation loss; how the sound is 
reflected, refracted, or scattered; the potential for reverberation; 
and interference due to multi-path propagation. In addition, absorption 
greatly affects the distance over which higher-frequency sounds 
propagate. The effects of these factors are explained in Appendix B 
(Acoustic and Explosive Concepts) of the 2020 GOA DSEIS/OEIS. Because 
of the complexity of analyzing sound propagation in the ocean 
environment, the Navy relies on acoustic models in its environmental 
analyses that consider sound source characteristics and varying ocean 
conditions across the TMAA. As noted above, the Navy does not propose 
to use sonar and other transducers within the WMA.
    The sound sources and platforms typically used in naval activities 
analyzed in the Navy's rulemaking/LOA application are described in 
Appendix A (Navy Activities Descriptions) of the 2020 GOA DSEIS/OEIS. 
Sonars and other transducers used to obtain and transmit information 
underwater during Navy training activities generally fall into several 
categories of use described below.

Anti-Submarine Warfare

    Sonar used during anti-submarine warfare would impart the greatest 
amount of acoustic energy of any category of sonar and other 
transducers analyzed in this proposed rule. Types of sonars used to 
detect potential enemy vessels include hull-mounted, towed, line array, 
sonobuoy, and helicopter dipping sonars. In addition, acoustic targets 
and decoys (countermeasures) may be deployed to emulate the sound 
signatures of vessels or repeat received signals.
    Most anti-submarine warfare sonars are mid-frequency (1-10 kHz) 
because mid-frequency sound balances sufficient resolution to identify 
targets with distance over which threats can be identified. However, 
some sources may use higher or lower frequencies. Duty cycles can vary 
widely, from rarely used to continuously active. For example, anti-
submarine warfare sonars can be wide angle in a search mode or highly 
directional in a track mode.
    Most anti-submarine warfare activities involving submarines or 
submarine targets would occur in waters greater than 600 feet (ft; 183 
m) deep due to safety concerns about running aground at shallower 
depths.

Navigation and Safety

    Similar to commercial and private vessels, Navy vessels employ 
navigational acoustic devices, including speed logs, Doppler sonars for 
ship positioning, and fathometers. These may be in use at any time for 
safe vessel operation. These sources are typically highly directional 
to obtain specific navigational data.

Communication

    Sound sources used to transmit data (such as underwater modems), 
provide location (pingers), or send a single brief release signal to 
bottom-mounted devices (acoustic release) may be used throughout the 
TMAA. These sources typically have low duty cycles and are usually only 
used when it is desirable to send a detectable acoustic message.

Classification of Sonar and Other Transducers

    Sonars and other transducers are grouped into classes that share an

[[Page 49662]]

attribute, such as frequency range or purpose. As detailed below, 
classes are further sorted by bins based on the frequency or bandwidth; 
source level; and, when warranted, the application for which the source 
would be used. Unless stated otherwise, a reference distance of 1 meter 
(m) is used for sonar and other transducers.
    <bullet> Frequency of the non-impulsive acoustic source:
    [cir] Low-frequency sources operate below 1 kHz;
    [cir] Mid-frequency sources operate at and above 1 kHz, up to and 
including 10 kHz;
    [cir] High-frequency sources operate above 10 kHz, up to and 
including 100 kHz; and
    [cir] Very-high-frequency sources operate above 100 kHz but below 
200 kHz.
    <bullet> Sound pressure level:
    [cir] Greater than 160 decibels (dB) referenced to 1 micropascal 
(re: 1 [micro]Pa), but less than 180 dB re: 1 [micro]Pa;
    [cir] Equal to 180 dB re: 1 [micro]Pa and up to and including 200 
dB re: 1 [micro]Pa; and
    [cir] Greater than 200 dB re: 1 [micro]Pa.
    <bullet> Application for which the source would be used:
    [cir] Sources with similar functions that have similar 
characteristics, such as pulse length (duration of each pulse), beam 
pattern, and duty cycle.
    The bins used for classifying active sonars and transducers that 
are quantitatively analyzed in the TMAA are shown in Table 1. While 
general parameters or source characteristics are shown in the table, 
actual source parameters are classified.

                    Table 1--Sonar and Other Transducers Quantitatively Analyzed in the TMAA
----------------------------------------------------------------------------------------------------------------
                                         For annual training activities
-----------------------------------------------------------------------------------------------------------------
    Source class category            Bin          Description         Units           Annual       7-Year total
----------------------------------------------------------------------------------------------------------------
Mid-Frequency (MF) Tactical               MF1   Hull-mounted                  H              271           1,897
 and non-tactical sources                        surface ship
 that produce signals from 1                     sonars (e.g.,
 to 10 kHz.                                      AN/SQS-53C and
                                                 AN/SQS-60).
                                          MF3   Hull-mounted                  H               25             175
                                                 submarine
                                                 sonars (e.g.,
                                                 AN/BQQ-10).
                                          MF4   Helicopter-                   H               27             189
                                                 deployed
                                                 dipping sonars
                                                 (e.g., AN/AQS-
                                                 22).
                                          MF5   Active acoustic               I              126             882
                                                 sonobuoys
                                                 (e.g., DICASS).
                                          MF6   Active                        I               14              98
                                                 underwater
                                                 sound signal
                                                 devices (e.g.,
                                                 MK 84).
                                         MF11   Hull-mounted                  H               42             294
                                                 surface ship
                                                 sonars with an
                                                 active duty
                                                 cycle greater
                                                 than 80%.
                                         MF12   Towed array                   H               14              98
                                                 surface ship
                                                 sonars with an
                                                 active duty
                                                 cycle greater
                                                 than 80%.
High-Frequency (HF) Tactical              HF1   Hull-mounted                  H               12              84
 and non-tactical sources                        submarine
 that produce signals greater                    sonars (e.g.,
 than 10 kHz but less than                       AN/BQQ-10).
 100 kHz.
Anti-Submarine Warfare (ASW)             ASW1   MF systems                    H               14              98
 Tactical sources used during                    operating
 ASW training activities.                        above 200 dB.
                                         ASW2   MF Multistatic                H               42             294
                                                 Active
                                                 Coherent
                                                 sonobuoy
                                                 (e.g., AN/SSQ-
                                                 125).
                                         ASW3   MF towed active               H              273           1,911
                                                 acoustic
                                                 countermeasure
                                                 systems (e.g.,
                                                 AN/SLQ-25).
                                         ASW4   MF expendable                 I                7              49
                                                 active
                                                 acoustic
                                                 device
                                                 countermeasure
                                                 s (e.g., MK3).
----------------------------------------------------------------------------------------------------------------
Notes: H = hours, I = count (e.g., number of individual pings or individual sonobuoys), DICASS = Directional
  Command Activated Sonobuoy System.

Explosive Stressors

    The near-instantaneous rise from ambient to an extremely high peak 
pressure is what makes an explosive shock wave potentially damaging. 
Farther from an explosive, the peak pressures decay and the explosive 
waves propagate as an impulsive, broadband sound. Several parameters 
influence the effect of an explosive: the weight of the explosive in 
the warhead, the type of explosive material, the boundaries and 
characteristics of the propagation medium, and the detonation depth in 
water. The net explosive weight, which is the explosive power of a 
charge expressed as the equivalent weight of trinitrotoluene (TNT), 
accounts for the first two parameters. The effects of these factors are 
explained in Appendix B (Acoustic and Explosive Concepts) of the 2020 
GOA DSEIS/OEIS.
Explosive Use
    Explosive detonations during training activities are from the use 
of explosive bombs, and naval gun shells; however, no in-water 
explosive detonations are included as part of the training activities. 
For purposes of the analysis in this proposed rule, detonations 
occurring in air at a height of 33 ft (10 m) or less above the water 
surface, and detonations occurring directly on the water surface, were 
modeled to detonate at a depth of 0.3 ft (0.1 m) below the water 
surface since there is currently no other identified methodology for 
modeling potential effects to marine

[[Page 49663]]

mammals that are underwater as a result of detonations occurring in-air 
at or above the surface of the ocean (within 10 m above the surface). 
This conservative approach over-estimates the potential underwater 
impacts due to low-altitude and surface explosives by assuming that all 
explosive energy is released and remains under the water surface.
    Explosive stressors resulting from the detonation of some 
munitions, such as missiles and gun rounds used in air-air and surface-
air scenarios, occur at high altitude. The resulting sound energy from 
those detonations in air would not impact marine mammals. The explosive 
energy released by detonations in air has been well studied, and basic 
methods are available to estimate the explosive energy exposure with 
distance from the detonation (e.g., U.S. Department of the Navy 
(1975)). In air, the propagation of impulsive noise from an explosion 
is highly influenced by atmospheric conditions, including temperature 
and wind. While basic estimation methods do not consider the unique 
environmental conditions that may be present on a given day, they do 
allow for approximation of explosive energy propagation under neutral 
atmospheric conditions. Explosions that occur during Air Warfare would 
typically be at a sufficient altitude that a large portion of the sound 
refracts upward due to cooling temperatures with increased altitude. 
Based on an understanding of the explosive energy released by 
detonations in air, detonations occurring in air at altitudes greater 
than 10 m above the surface of the ocean are not likely to result in 
acoustic impacts on marine mammals; therefore, these types of explosive 
activities will not be discussed further in this document. (Note that 
most of these in-air detonations would occur at altitudes substantially 
greater than 10 m above the surface of the ocean, as described in 
further detail in section 3.0.4.2.2 (Explosions in Air) of the 2020 GOA 
DSEIS/OEIS.) Activities such as air-surface bombing or surface-surface 
gunnery scenarios may involve the use of explosive munitions that 
detonate upon impact with targets at or above the water surface (within 
10 m above the surface). For these activities, acoustic effects 
modeling was undertaken as described below.
    In order to organize and facilitate the analysis of explosives, 
explosive classification bins were developed. The use of explosive 
classification bins provides the same benefits as described for 
acoustic source classification bins in the Acoustic Stressors section, 
above.
    The explosive bin types and the number of explosives detonating at 
or above the water surface in the TMAA are shown in Table 2.

   Table 2--Explosive Sources Quantitatively Analyzed That Detonate At or Above the Water Surface in the TMAA
----------------------------------------------------------------------------------------------------------------
                                                                                           Number of explosives
   Explosives  (source class and net explosive weight (NEW))      Number of explosives      with the specified
                            (lb.) *                                with the specified       activity  (7-year
                                                                  activity  (annually)            total)
----------------------------------------------------------------------------------------------------------------
E5 (>5-10 lb. NEW)............................................                       56                      392
E9 (>100-250 lb. NEW).........................................                       64                      448
E10 (>250-500 lb. NEW)........................................                        6                       42
E12 (>650-1,000 lb. NEW)......................................                        2                       14
----------------------------------------------------------------------------------------------------------------
* All of the E5, E9, E10, and E12 explosives would occur in-air, at or above the surface of the water, and would
  also occur offshore away from the continental shelf and slope beyond the 4,000-meter isobath.

    Propagation of explosive pressure waves in water is highly 
dependent on environmental characteristics such as bathymetry, bottom 
type, water depth, temperature, and salinity, which affect how the 
pressure waves are reflected, refracted, or scattered; the potential 
for reverberation; and interference due to multi-path propagation. In 
addition, absorption greatly affects the distance over which higher-
frequency components of explosive broadband noise can propagate. 
Appendix B (Acoustic and Explosive Concepts) of the 2020 GOA DSEIS/OEIS 
explains the characteristics of explosive detonations and how the above 
factors affect the propagation of explosive energy in the water. 
Because of the complexity of analyzing sound propagation in the ocean 
environment, the Navy relies on acoustic models in its environmental 
analyses that consider sound source characteristics and varying ocean 
conditions across the TMAA.
    For in-air explosives detonating at or above the water surface, the 
model estimating acoustic impacts assumes that all acoustic energy from 
the detonation is underwater with no loss of sound or energy into the 
air. Important considerations must be factored into the analysis of 
results with these modeling assumptions, given that the peak pressure 
and sound from a detonation in air significantly decreases across the 
air-water interface as it is partially reflected by the water's surface 
and partially transmitted underwater, as detailed in the following 
paragraphs.
    Detonation of an explosive in air creates a supersonic high 
pressure shock wave that expands outward from the point of detonation 
(Kinney and Graham, 1985; Swisdak, 1975). The near-instantaneous rise 
from ambient to an extremely high peak pressure is what makes the 
explosive shock wave potentially injurious to an animal experiencing 
the rapid pressure change (U.S. Department of the Navy, 2017a). As the 
shock wave-front travels away from the point of detonation, it slows 
and begins to behave as an acoustic wave-front travelling at the speed 
of sound. Whereas a shock wave from a detonation in-air has an abrupt 
peak pressure, that same pressure disturbance when transmitted through 
the water surface results in an underwater pressure wave that begins 
and ends more gradually compared with the in-air shock wave, and 
diminishes with increasing depth and distance from the source (Bolghasi 
et al., 2017; Chapman and Godin, 2004; Cheng and Edwards, 2003; Moody, 
2006; Richardson et al., 1995; Sawyers, 1968; Sohn et al., 2000; 
Swisdak, 1975; Waters and Glass, 1970; Woods et al., 2015). The 
propagation of the shock wave in-air and then transitioning underwater 
is very different from a detonation occurring deep underwater where 
there is little interaction with the surface. In the case of an 
underwater detonation occurring just below the surface, a portion of 
the energy from the detonation would be released into the air (referred 
to as surface blow off), and at greater depths a pulsating, air-filled 
cavitation bubble would form, collapse, and reform around the 
detonation point (Urick, 1983). The Navy's acoustic effects model for 
analyzing underwater impacts on marine species does not account for the 
loss of energy due to surface blow-

[[Page 49664]]

off or cavitation at depth. Both of these phenomena would diminish the 
magnitude of the acoustic energy received by an animal under real-world 
conditions (U.S. Department of the Navy, 2018b).
    To more completely analyze the results predicted by the Navy's 
acoustic effects model from detonations occurring in-air above the 
ocean surface, it is necessary to consider the transfer of energy 
across the air-water interface. Much of the scientific literature on 
the transferal of shock wave impulse across the air-water interface has 
focused on energy from sonic booms created by fast moving aircraft 
flying at low altitudes above the ocean (Chapman and Godin, 2004; Cheng 
and Edwards, 2003; Moody, 2006; Sawyers, 1968; Waters and Glass, 1970). 
The shock wave created by a sonic boom is similar to the propagation of 
a pressure wave generated by an explosion (although having a 
significantly slower rise in peak pressure) and investigations of sonic 
booms are somewhat informative. Waters and Glass (1970) were also 
investigating sonic booms, but their methodology involved actual in-air 
detonations. In those experiments, they detonated blasting caps 
elevated 30 ft (9 m) above the surface in a flooded quarry and measured 
the resulting pressure at and below the surface to determine the 
penetration of the shock wave across the air-water interface. 
Microphones above the water surface recorded the peak pressure in-air, 
and hydrophones at various shallow depths underwater recorded the 
unreflected remainder of the pressure wave after transition across the 
air-water interface. The peak pressure measurements were compared and 
the results supported the theoretical expectations for the penetration 
of a pressure wave from air into water, including the predicted 
exponential decay of energy with distance from the source underwater. 
In effect, the air-water interface acted as a low-pass filter 
eliminating the high-frequency components of the shock wave. At 
incident angles greater than 14 degrees perpendicular to the surface, 
most of the shock wave from the detonation was reflected off the water 
surface, which is consistent with results from similar research (Cheng 
and Edwards, 2003; Moody, 2006; Yagla and Stiegler, 2003). Given that 
marine mammals spend, on average, up to 90 percent of their time 
underwater (Costa, 1993; Costa and Block, 2009), and the shock wave 
from a detonation is only a few milliseconds in duration, marine 
mammals are unlikely to be exposed in-air when surfaced.

Vessel Strike

    NMFS also considered the chance that a vessel utilized in training 
activities could strike a marine mammal in the GOA Study Area, 
including both the TMAA and WMA portions of the Study Area. Vessel 
strikes have the potential to result in incidental take from serious 
injury and/or mortality. Vessel strikes are not specific to any 
particular training activity, but rather are a limited, sporadic, and 
incidental result of Navy vessel movement within a study area. Vessel 
strikes from commercial, recreational, and military vessels are known 
to seriously injure and occasionally kill cetaceans (Abramson et al., 
2011; Berman-Kowalewski et al., 2010; Calambokidis, 2012; Douglas et 
al., 2008; Laggner, 2009; Lammers et al., 2003; Van der Hoop et al., 
2012; Van der Hoop et al., 2013), although reviews of the literature on 
ship strikes mainly involve collisions between commercial vessels and 
whales (Jensen and Silber, 2003; Laist et al., 2001). Vessel speed, 
size, and mass are all important factors in determining both the 
potential likelihood and impacts of a vessel strike to marine mammals 
(Conn and Silber, 2013; Gende et al., 2011; Silber et al., 2010; 
Vanderlaan and Taggart, 2007; Wiley et al., 2016). For large vessels, 
speed and angle of approach can influence the severity of a strike.
    Navy vessels transit at speeds that are optimal for fuel 
conservation and to meet training requirements. Vessels used as part of 
the proposed specified activities include ships, submarines, unmanned 
vessels, and boats ranging in size from small, 22 ft (7 m) rigid hull 
inflatable boats to aircraft carriers with lengths up to 1,092 ft (333 
m). The average speed of large Navy ships ranges between 10 and 15 
knots (kn; 19-28 km/hr), and submarines generally operate at speeds in 
the range of 8 to 13 kn (15 to 24 km/hr), while a few specialized 
vessels can travel at faster speeds. Small craft (for purposes of this 
analysis, less than 18 m in length) have much more variable speeds (0 
to 50+ kn (0 to 93+ km/hr)), dependent on the activity), but generally 
range from 10 to 14 kn (19-26 km/hr). From unpublished Navy data, 
average median speed for large Navy ships in the other Navy ranges from 
2011-2015 varied from 5 to 10 kn (9 to 19 km/hr) with variations by 
ship class and location (i.e., slower speeds close to the coast). 
Similar patterns would occur in the GOA Study Area. A full description 
of Navy vessels that are used during training activities can be found 
in Section 1.2.1 and Section 2.4.2.1 of the 2011 GOA FEIS/OEIS.
    While these speeds are representative of most events, some vessels 
need to temporarily operate outside of these parameters for certain 
times or during certain activities. For example, to produce the 
required relative wind speed over the flight deck, an aircraft carrier 
engaged in flight operations must adjust its speed through the water 
accordingly. Also, there are other instances, such as launch and 
recovery of a small rigid hull inflatable boat; vessel boarding, 
search, and seizure training events; or retrieval of a target when 
vessels would be dead in the water or moving slowly ahead to maintain 
steerage.
    Large Navy vessels (greater than 18 m in length) within the 
offshore areas of range complexes operate differently from commercial 
vessels in ways that may reduce potential whale collisions. Surface 
ships operated by or for the Navy have multiple personnel assigned to 
stand watch at all times when a ship or surfaced submarine is moving 
through the water (underway). A primary duty of personnel standing 
watch on surface ships is to detect and report all objects and 
disturbances sighted in the water that may indicate a threat to the 
vessel and its crew, such as debris, a periscope, surfaced submarine, 
or surface disturbance. Per vessel safety requirements, personnel 
standing watch also report any marine mammals sighted in the path of 
the vessel as a standard collision avoidance procedure. All vessels 
proceed at a safe speed so they can take proper and effective action to 
avoid a collision with any sighted object or disturbance, and can be 
stopped within a distance appropriate to the prevailing circumstances 
and conditions.

Detailed Description of Proposed Activities

Proposed Training Activities

    The Navy proposes to conduct a single carrier strike group (CSG) 
exercise which would last for a maximum of 21 consecutive days in a 
year. The CSG exercise is comprised of several individual training 
activities. Table 3 lists and describes those individual activities 
that may result in takes of marine mammals. The events listed would 
occur intermittently during the 21 days and could be simultaneous and 
in the same general area within the TMAA or could be independent and 
spatially separate from other ongoing activities. The table is 
organized according to primary mission areas and includes the activity 
name, associated stressor(s), description and duration of the activity, 
sound source bin, the areas

[[Page 49665]]

where the activities are conducted in the GOA Study Area, the maximum 
number of events per year in the 21-day period, and the maximum number 
of events over 7 years. Not all sound sources are used with each 
activity. The ``Annual # of Events'' column indicates the maximum 
number of times that activity could occur during any single year. The 
``7-Year # of Events'' is the maximum number of times an activity would 
occur over the 7-year period of the proposed regulations if the 
training occurred each year and at the maximum levels requested. The 
events listed would occur intermittently during the exercise over a 
maximum of 21 days. The maximum number of activities may not occur in 
some years, and historically, training has occurred only every other 
year. However, to conduct a conservative analysis, NMFS analyzed the 
maximum times these activities could occur over one year and 7 years. 
The 2020 GOA DSEIS/OEIS includes more detailed activity descriptions. 
(Note the Navy proposes no low-frequency active sonar (LFAS) use for 
the activities in this rulemaking.)

           Table 3--Proposed Training Activities Analyzed for the 7-Year Period in the GOA Study Area
----------------------------------------------------------------------------------------------------------------
                                                                                    Annual # of     7-year # of
      Stressor  category           Activity       Description       Source bin        events          events
----------------------------------------------------------------------------------------------------------------
                                                 Surface Warfare
----------------------------------------------------------------------------------------------------------------
Explosive....................  Gunnery          Surface ship     E5.............               6              42
                                Exercise,        crews fire
                                Surface-to-      inert small-
                                Surface (GUNEX-  caliber, inert
                                S-S).            medium-
                                                 caliber, or
                                                 large-caliber
                                                 explosive
                                                 rounds at
                                                 surface
                                                 targets.
Explosive....................  Bombing          Fixed-wing       E9, E10, E12...              18             126
                                Exercise (Air-   aircraft
                                to-Surface)      conduct
                                (BOMBEX [A-S]).  bombing
                                                 exercises
                                                 against
                                                 stationary
                                                 floating
                                                 targets, towed
                                                 targets, or
                                                 maneuvering
                                                 targets.
----------------------------------------------------------------------------------------------------------------
                                          Anti-Submarine Warfare (ASW)
----------------------------------------------------------------------------------------------------------------
Acoustic.....................  Tracking         Helicopter       MF4, MF5, MF6..              22             154
                                Exercise--Heli   crews search
                                copter           for, track,
                                (TRACKEX--Helo   and detect
                                ).               submarines.
Acoustic.....................  Tracking         Maritime patrol  MF5, MF6, ASW2.              13              91
                                Exercise--Mari   aircraft crews
                                time Patrol      search for,
                                Aircraft         track, and
                                (TRACKEX--MPA).  detect
                                                 submarines.
Acoustic.....................  Tracking         Surface ship     ASW1, ASW3,                   2              14
                                Exercise--Ship   crews search     MF1, MF11,
                                (TRACKEX--Ship   for, track,      MF12.
                                ).               and detect
                                                 submarines.
Acoustic.....................  Tracking         Submarine crews  ASW4, HF1, MF3.               2              14
                                Exercise--Subm   search for,
                                arine            track, and
                                (TRACKEX--Sub).  detect
                                                 submarines.
----------------------------------------------------------------------------------------------------------------
Notes: S-S = Surface to Surface, A-S = Air to Surface.

Standard Operating Procedures

    For training to be effective, personnel must be able to safely use 
their sensors and weapon systems as they are intended to be used in 
military missions and combat operations and to their optimum 
capabilities. Standard operating procedures applicable to training have 
been developed through years of experience, and their primary purpose 
is to provide for safety (including public health and safety) and 
mission success. Because standard operating procedures are essential to 
safety and mission success, the Navy considers them to be part of the 
proposed specified activities, and has included them in the analysis. 
In many cases, there are benefits to natural and cultural resources 
resulting from standard operating procedures. Standard operating 
procedures that are recognized as having a potential benefit to marine 
mammals during training activities are noted below and discussed in 
more detail within the 2020 GOA DSEIS/OEIS.
    <bullet> Vessel Safety;
    <bullet> Weapons Firing Procedures;
    <bullet> Target Deployment and Retrieval Safety; and
    <bullet> Towed In-Water Device Procedures.
    Standard operating procedures (which are implemented regardless of 
their secondary benefits) are different from mitigation measures (which 
are designed entirely for the purpose of avoiding or reducing impacts). 
Information on mitigation measures is provided in the Proposed 
Mitigation Measures section below. Additional information on standard 
operating procedures is presented in Section 2.3.2 (Standard Operating 
Procedures) in the 2020 GOA DSEIS/OEIS.

Description of Marine Mammals and Their Habitat in the Area of the 
Specified Activities

    Marine mammal species and their associated stocks that have the 
potential to occur in the GOA Study Area are presented in Table 4 along 
with each stock's ESA and MMPA statuses, abundance estimate and 
associated coefficient of variation value, minimum abundance estimate, 
and expected occurrence in the GOA Study Area. The Navy requested 
authorization to take individuals of 16 marine mammal species by Level 
A harassment and Level B harassment, and NMFS has conservatively 
analyzed and proposes to authorize incidental take of two additional 
species. The Navy does not request authorization for any serious 
injuries or mortalities of marine mammals, and NMFS agrees that serious 
injury and mortality is unlikely to occur from the Navy's activities. 
NMFS recently designated critical habitat under the Endangered Species 
Act (ESA) for humpback whales in the TMAA portion of the GOA Study 
Area, and this designated critical habitat is considered below (86 FR 
21082; April 21, 2021). The WMA portion of the GOA Study Area does not 
overlap ESA-designated critical habitat for humpback whales or any 
other species.
    Information on the status, distribution, abundance, population 
trends, habitat, and ecology of marine mammals in the GOA Study Area 
may be found in Chapter 4 of the Navy's rulemaking/LOA application. 
NMFS has reviewed this information and found it

[[Page 49666]]

to be accurate and complete. Additional information on the general 
biology and ecology of marine mammals is included in the 2020 GOA 
DSEIS/OEIS. Table 4 incorporates the best available science, including 
data from the 2020 U.S. Pacific and the Alaska Marine Mammal Stock 
Assessment Reports (SARs; Carretta et al., 2021; Muto et al., 2021), 
2021 draft U.S. Pacific and Alaska Marine Mammal SARs, as well as 
monitoring data from the Navy's marine mammal research efforts.
    To better define marine mammal occurrence in the TMAA, the portion 
of the GOA Study Area where take of marine mammals is anticipated to 
occur, four regions within the TMAA were defined (and are depicted in 
Figure 3-1 of the Navy's rulemaking/LOA application), consistent with 
the survey strata used by Rone et al. (2017) during the most recent 
marine mammal surveys in the TMAA. The four regions are: inshore, 
slope, seamount, and offshore.

Species Not Included in the Analysis

    There has been no change in the species unlikely to be present in 
the GOA Study Area since the last MMPA rulemaking process (82 FR 19530; 
April 27, 2017). The species carried forward for analysis are those 
likely to be found in the GOA Study Area based on the most recent data 
available and do not include species that may have once inhabited or 
transited the area but have not been sighted in recent years (e.g., 
species which were extirpated from factors such as 19th and 20th 
century commercial exploitation). Several species and stocks that may 
be present in the northeast Pacific Ocean generally have an extremely 
low probability of presence in the GOA Study Area. These species and 
stocks are considered extralimital (may be sightings, acoustic 
detections, or stranding records, but the GOA Study Area is outside the 
species' range of normal occurrence) or rare (occur in the GOA Study 
Area sporadically, but sightings are rare). These species and stocks 
include the Eastern North Pacific Northern Resident and the West Coast 
Transient stocks of killer whale (Orcinus orca), beluga whale 
(Delphinapterus leucas), false killer whale (Pseudorca crassidens), 
short-finned pilot whale (Globicephala macrorhynchus), northern right 
whale dolphin (Lissodelphis borealis), and Risso's dolphin (Grampus 
griseus).
    The Eastern North Pacific Northern Resident and the West Coast 
Transient stocks of killer whale are considered extralimital in the GOA 
Study Area. Given the paucity of any beluga whale sightings in the GOA 
(Laidre et al. 2000), the occurrence of this species within the GOA 
Study Area is considered extralimital. The GOA Study Area is also 
outside of the normal range of the false killer whale's distribution in 
the Pacific Ocean, and despite rare stranding or sighting reports, the 
GOA Study Area is outside of the normal range of the short-finned pilot 
whale as well. There are two sighting records of northern right whale 
dolphins in the Gulf of Alaska, but these are considered extremely rare 
(U.S. Department of the Navy 2006; NOAA 2012) and extralimital in the 
GOA Study Area. There are a few records of Risso's dolphins near the 
GOA Study Area; however, their occurrence within the GOA Study Area is 
rare, and therefore Risso's dolphin is considered extralimital. NMFS 
agrees with the Navy's assessment that these species are unlikely to 
occur in the GOA Study Area and they are not discussed further.
    One species of marine mammal, the Northern sea otter, occurs in the 
Gulf of Alaska but is managed by the U.S. Fish and Wildlife Service and 
is not considered further in this document.

                                               Table 4--Marine Mammal Occurrence Within the GOA Study Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Stock abundance
                                                                             ESA  status,   (CV, Nmin, year of
           Common name              Scientific name           Stock          MMPA status,       most recent        PBR     Annual M/   Occurrence in GOA
                                                                            strategic  (Y/   abundance survey)               SI \3\     study area \4\
                                                                                N) \1\              \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Order Cetacea--Suborder Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenidae (right
 whales):
    North Pacific right whale...  Eubalaena japonica.  Eastern North        E, D, Y         31 (0.226, 26,       \5\ 0.05          0  Rare.
                                                        Pacific.                             2008).
Family Balaenopteridae
 (rorquals):
    Humpback whale..............  Megaptera            Central North        -, -, Y         10,103 (0.3,               83         26  Seasonal; highest
                                   novaeangliae.        Pacific \6\.                         7,891, 2006).                             likelihood June
                                                                                                                                       to September.
                                                       California, Oregon,  -, -, Y         4,973 (0.05,             28.7     >=48.6  Seasonal; highest
                                                        and Washington \6\.                  4,776, 2018).                             likelihood June
                                                                                                                                       to September.
                                                       Western North        E, D, Y         1,107 (0.3, 865,            3        2.8  Seasonal; highest
                                                        Pacific.                             2006).                                    likelihood June
                                                                                                                                       to September.
    Blue whale..................  Balaenoptera         Eastern North        E, D, Y         1,898 (0.085,             4.1     >=19.4  Seasonal; highest
                                   musculus.            Pacific.                             1,767, 2018).                             likelihood June
                                                                                                                                       to December.
                                                       Central North        E, D, Y         133 (1.09, 63,            0.1          0  Seasonal; highest
                                                        Pacific.                             2010).                                    likelihood June
                                                                                                                                       to December.
    Fin whale...................  Balaenoptera         Northeast Pacific..  E, D, Y         3,168 (0.26,              5.1        0.6  Likely.
                                   physalus.                                                 2,554, 2013) \7\.
    Sei whale...................  Balaenoptera         Eastern North        E, D, Y         519 (0.4, 374,           0.75      >=0.2  Rare.
                                   borealis.            Pacific \8\.                         2014).
    Minke whale.................  Balaenoptera         Alaska.............  -, -, N         UNK...............        UND          0  Likely.
                                   acutorostrata.
Family Eschrichtiidae (gray
 whale):
    Gray whale..................  Eschrichtius         Eastern North        -, -, N         26,960 (0.05,             801        131  Likely: Highest
                                   robustus.            Pacific.                             25,849, 2016).                            numbers during
                                                                                                                                       seasonal
                                                                                                                                       migrations (fall,
                                                                                                                                       winter, spring).

[[Page 49667]]

 
                                                       Western North        E, D, Y         290 (N/A, 271,           0.12        UNK  Rare: Individuals
                                                        Pacific.                             2016).                                    migrate through
                                                                                                                                       GOA.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Order Cetacea--Suborder Odontoceti (toothed whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Physeteridae (sperm
 whale):
    Sperm whale.................  Physeter             North Pacific......  E, D, Y         345 (0.43, 244,           UND        3.5  Likely; More
                                   macrocephalus.                                            2015) \9\.                                likely in waters
                                                                                                                                       >1,000 m depth,
                                                                                                                                       most often >2,000
                                                                                                                                       m.
Family Delphinidae (dolphins):
    Killer whale................  Orcinus orca.......  Eastern North        -, -, N         \10\ 2,347 (N/A,           24          1  Likely.
                                                        Pacific Alaska                       2,347, 2012).
                                                        Resident.
                                                       Eastern North        -, -, N         300 (0.1, 276,            2.8          0  Likely.
                                                        Pacific Offshore.                    2012).
                                                       AT1 Transient......  -, D, Y         \10\ 7 (N/A, 7,          0.01          0  Rare; more likely
                                                                                             2018).                                    inside Prince
                                                                                                                                       William Sound and
                                                                                                                                       Kenai Fjords.
                                                       Eastern North        -, -, N         \10\ 587 (N/A,           5.87        0.8  Likely.
                                                        Pacific GOA,                         587, 2012).
                                                        Aleutian Island,
                                                        and Bering Sea
                                                        Transient.
    Pacific white-sided dolphin.  Lagenorhynchus       North Pacific......  -, -, N         26,880 (N/A, N/A,         UND          0  Likely.
                                   obliquidens.                                              1990).
Family Phocoenidae (porpoises):
    Harbor porpoise.............  Phocoena phocoena..  GOA................  -, -, Y         31,046 (0.21, N/A,        UND         72  Rare; Inshore and
                                                                                             1998).                                    Slope Regions, if
                                                                                                                                       present.
                                                       Southeast Alaska...  -, -, Y         1,354 (0.12,               12         34  Rare.
                                                                                             1,224, 2012).
    Dall's porpoise.............  Phocoenoides dalli.  Alaska.............  -, -, N         83,400 (0.097,            UND         37  Likely.
                                                                                             3,110, 2015).
Family Ziphiidae (beaked
 whales):
    Cuvier's beaked whale.......  Ziphius cavirostris  Alaska.............  -, -, N         UNK...............        UND          0  Likely.
    Baird's beaked whale........  Berardius bairdii..  Alaska.............  -, -, N         UNK...............        UND          0  Likely.
    Stejneger's beaked whale....  Mesoplodon           Alaska.............  -, -, N         UNK...............        UND          0  Likely.
                                   stejnegeri.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Order Carnivora--Suborder Pinnipedia \8\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otarieidae (fur seals and
 sea lions):
    Steller sea lion............  Eumetopias jubatus.  Eastern U.S........  -, -, N         \11\ 43,201 (N/A,       2,592        112  Rare.
                                                                                             43,201, 2017).
                                                       Western U.S........  E, D, Y         \11\ 52,932 (N/A,         318        254  Likely; Inshore
                                                                                             52,932, 2013).                            region.
    California sea lion.........  Zalophus             U.S................  -, -, N         257,606 (N/A,          14,011       >320  Rare (highest
                                   californianus.                                            233,515, 2014).                           likelihood April
                                                                                                                                       and May).
    Northern fur seal...........  Callorhinus ursinus  Eastern Pacific....  -, D, Y         626,618 (0.2,          11,403        373  Likely.
                                                                                             530,376, 2019).
                                                       California.........  -, D, N         14,050 (N/A,              451        1.8  Rare.
                                                                                             7,524, 2013).
Family Phocidae (true seals):
    Northern elephant seal......  Mirounga             California Breeding  -, -, N         187,386 (N/A,           5,122        5.3  Seasonal (highest
                                   angustirostris.                                           85,369, 2013).                            likelihood July-
                                                                                                                                       September).
    Harbor seal.................  Phoca vitulina.....  N Kodiak...........  -, -, N         8,677 (N/A, 7,609,        228         38  Likely; Inshore
                                                                                             2017).                                    region.
                                                       S Kodiak...........  -, -, N         26,448 (N/A,              939        127  Likely; Inshore
                                                                                             22,351, 2017).                            region.
                                                       Prince William       -, -, N         44,756 (N/A,            1,253        413  Likely; Inshore
                                                        Sound.                               41,776, 2015).                            region.
                                                       Cook Inlet/Shelikof  -, -, N         28,411 (N/A,              807        107  Likely; Inshore
                                                                                             26,907, 2018).                            region.
    Ribbon seal.................  Histriophoca         Unidentified.......  -, -, N         184,697 (N/A,           9,785        163  Rare.
                                   fasciata.                                                 163,086, 2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: CV = coefficient of variation, ESA = Endangered Species Act, GOA = Gulf of Alaska, m = meter(s), MMPA = Marine Mammal Protection Act, N/A = not
  available, U.S. = United States, M/SI = mortality and serious injury, UNK = unknown, UND = undetermined.

[[Page 49668]]

 
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds potential biological removal (PBR) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future.
  Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ The stocks and stock abundance number are as provided in Carretta et al., 2021 and Muto et al., 2021. Nmin is the minimum estimate of stock
  abundance. In some cases, CV is not applicable. NMFS marine mammal stock assessment reports online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>.
\3\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality and serious injury (M/SI) from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual mortality and serious injury (M/SI) often cannot be determined precisely and is in some cases presented as
  a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
\4\ RARE: The distribution of the species is near enough to the GOA Study Area that the species could occur there, or there are a few confirmed
  sightings. LIKELY: Year-round sightings or acoustic detections of the species in the GOA Study Area, although there may be variation in local
  abundance over the year. SEASONAL: Species absence and presence as documented by surveys or acoustic monitoring. Regions within the GOA Study Area
  follow those presented in Rone et al. (2015); Rone et al. (2009); Rone et al. (2014); Rone et al. (2017): inshore, slope, seamount, and offshore.
\5\ See SAR for more details
\6\ Humpback whales in the Central North Pacific stock and the California, Oregon, and Washington stock are from three Distinct Population Segments
  based on animals identified in breeding areas in Hawaii, Mexico, and Central America (Carretta et al., 2021; Muto et al., 2021; National Marine
  Fisheries Service, 2016c).
\7\ The SAR reports this stock abundance assessment as provisional and notes that it is an underestimate for the entire stock because it is based on
  surveys which covered only a small portion of the stock's range.
\8\ This analysis assumes that these individuals are from the Eastern North Pacific stock; however, they are not discussed in the West Coast or the
  Alaska Stock Assessment Reports (Carretta et al., 2021; Muto et al., 2021).
\9\ The SAR reports that this is an underestimate for the entire stock because it is based on surveys of a small portion of the stock's extensive range
  and it does not account for animals missed on the trackline or for females and juveniles in tropical and subtropical waters.
\10\ Stock abundance is based on counts of individual animals identified from photo-identification catalogues. Surveys for abundance estimates of these
  stocks are conducted infrequently.
\11\ Stock abundance is the best estimate of pup and non-pup counts, which have not been corrected to account for animals at sea during abundance
  surveys.

    Below, we consider additional information about the marine mammals 
in the area of the specified activities that informs our analysis, such 
as identifying known areas of important habitat or behaviors, or where 
Unusual Mortality Events (UME) have been designated.

Critical Habitat

    On April 21, 2021 (86 FR 21082), NMFS published a final rule 
designating critical habitat for the endangered Western North Pacific 
DPS, the endangered Central America DPS, and the threatened Mexico DPS 
of humpback whales, including specific marine areas located off the 
coasts of California, Oregon, Washington, and Alaska. Based on 
consideration of national security, economic impacts, and data 
deficiency in some areas, NMFS excluded certain areas from the 
designation for each DPS.
    NMFS identified prey species, primarily euphausiids and small 
pelagic schooling fishes (see the final rule for particular prey 
species identified for each DPS; 86 FR 21082; April 21, 2021) of 
sufficient quality, abundance, and accessibility within humpback whale 
feeding areas to support feeding and population growth, as an essential 
habitat feature. NMFS, through a critical habitat review team (CHRT), 
also considered inclusion of migratory corridors and passage features, 
as well as sound and the soundscape, as essential habitat features. 
However, NMFS did not include either, as the CHRT concluded that the 
best available science did not allow for identification of any 
consistently used migratory corridors or definition of any physical, 
essential migratory or passage conditions for whales transiting between 
or within habitats of the three DPSs. The best available science also 
currently does not enable NMFS to identify a sound-related habitat 
feature that is essential to the conservation of humpback whales.
    NMFS considered the co-occurrence of this designated humpback whale 
critical habitat and the GOA Study Area. Figure 4-1 of the Navy's 
rulemaking/LOA application shows the overlap of the humpback whale 
critical habitat with the TMAA. As shown in the Navy's rulemaking/LOA 
application, the TMAA overlaps with humpback whale critical habitat 
Unit 5 (destination for whales from the Hawaii, Mexico, and Western 
North Pacific DPSs; Calambokidis et al., 2008) and Unit 8 (destination 
for whales from the Hawaii and Mexico DPSs (Baker et al., 1986, 
Calambokidis et al., 2008); Western North Pacific DPS whales have not 
been photo-identified in this specific area, but presence has been 
inferred based on available data indicating that humpback whales from 
Western North Pacific wintering areas occur in the Gulf of Alaska (NMFS 
2020, Table C5)). Approximately 4 percent of the humpback whale 
critical habitat in the GOA region overlaps with the TMAA, and 
approximately 2 percent of critical habitat in both the GOA and U.S. 
west coast regions combined overlaps with the TMAA. The WMA portion of 
the GOA Study Area does not overlap ESA-designated critical habitat for 
humpback whales.
    As noted above in the Geographical Region section, the TMAA 
boundary was intentionally designed to avoid ESA-designated Western DPS 
(MMPA Western U.S. stock) Steller sea lion critical habitat.

Biologically Important Areas

    BIAs include areas of known importance for reproduction, feeding, 
or migration, or areas where small and resident populations are known 
to occur (Van Parijs, 2015). Unlike ESA critical habitat, these areas 
are not formally designated pursuant to any statute or law, but are a 
compilation of the best available science intended to inform impact and 
mitigation analyses. An interactive map of BIAs may be found here: 
<a href="https://cetsound.noaa.gov/biologically-important-area-map">https://cetsound.noaa.gov/biologically-important-area-map</a>.
    The WMA does not overlap with any known BIAs. BIAs in the GOA that 
overlap portions of the TMAA include the following feeding and 
migration areas: North Pacific right whale feeding BIA (June-
September); Gray whale migratory corridor BIA (November-January, 
southbound; March-May, northbound) (Ferguson et al., 2015). Fin whale 
feeding areas (east, west, and southwest of Kodiak Island) occur to the 
west of the TMAA and gray whale feeding areas occur both east 
(Southeast Alaska) and west (Kodiak Island) of the TMAA; however, these 
feeding areas are located well outside of (> 20 nmi (37 km)) the TMAA 
and beyond the Navy's estimated range to effects for take by Level A 
harassment and Level B harassment.
    A portion of the North Pacific right whale feeding BIA overlaps 
with the western side of the TMAA by approximately 2,051 square 
kilometers (km\2\; approximately 1.4 percent of the TMAA, and 7 percent 
of the feeding BIA). A small portion of the gray whale migration 
corridor BIA also overlaps with the western side of the TMAA by 
approximately 1,582 km\2\ (approximately 1 percent of the TMAA, and 1 
percent of the migration corridor BIA). To mitigate impacts to marine 
mammals in these BIAs, the Navy would implement several procedural 
mitigation measures and mitigation areas (described in the Proposed 
Mitigation Measures section).

[[Page 49669]]

Unusual Mortality Events (UMEs)

    A UME is defined under Section 410(6) of the MMPA as a stranding 
that is unexpected; involves a significant die-off of any marine mammal 
population; and demands immediate response. There is one UME that is 
applicable to our evaluation of the Navy's activities in the GOA Study 
Area. The gray whale UME along the west coast of North America is 
active and involves ongoing investigations in the GOA that inform our 
analysis are discussed below.
Gray Whale UME
    Since January 1, 2019, elevated gray whale strandings have occurred 
along the west coast of North America, from Mexico to Canada. As of 
June 3, 2022, there have been a total of 578 strandings along the 
coasts of the United States, Canada, and Mexico, with 278 of those 
strandings occurring along the U.S. coast. Of the strandings on the 
U.S. coast, 118 have occurred in Alaska, 66 in Washington, 14 in 
Oregon, and 80 in California. Full or partial necropsy examinations 
were conducted on a subset of the whales. Preliminary findings in 
several of the whales have shown evidence of emaciation. These findings 
are not consistent across all of the whales examined, so more research 
is needed. As part of the UME investigation process, NOAA has assembled 
an independent team of scientists to coordinate with the Working Group 
on Marine Mammal Unusual Mortality Events to review the data collected, 
sample stranded whales, consider possible causal-linkages between the 
mortality event and recent ocean and ecosystem perturbations, and 
determine the next steps for the investigation. Please refer to: 
<a href="https://www.fisheries.noaa.gov/national/marine-life-distress/2019-2022-gray-whale-unusual-mortality-event-along-west-coast-and">https://www.fisheries.noaa.gov/national/marine-life-distress/2019-2022-gray-whale-unusual-mortality-event-along-west-coast-and</a> for more 
information on this UME.

Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals 
underwater, and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Current data indicate that not all marine 
mammal species have equal hearing capabilities (e.g., Richardson et 
al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect 
this, Southall et al. (2007) recommended that marine mammals be divided 
into functional hearing groups based on directly measured or estimated 
hearing ranges on the basis of available behavioral response data, 
audiograms derived using auditory evoked potential techniques, 
anatomical modeling, and other data. Note that no direct measurements 
of hearing ability have been successfully completed for mysticetes 
(i.e., low-frequency cetaceans). Subsequently, NMFS (2018) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65 dB 
threshold from the normalized composite audiograms, with the exception 
for lower limits for low-frequency cetaceans where the lower bound was 
deemed to be biologically implausible and the lower bound from Southall 
et al. (2007) retained. The functional groups and the associated 
frequencies are indicated below (note that these frequency ranges 
correspond to the range for the composite group, with the entire range 
not necessarily reflecting the capabilities of every species within 
that group):
    <bullet> Low-frequency cetaceans (mysticetes): generalized hearing 
is estimated to occur between approximately 7 Hz and 35 kHz;
    <bullet> Mid-frequency cetaceans (larger toothed whales, beaked 
whales, and most delphinids): generalized hearing is estimated to occur 
between approximately 150 Hz and 160 kHz;
    <bullet> High-frequency cetaceans (porpoises, river dolphins, and 
members of the genera Kogia and Cephalorhynchus; including two members 
of the genus Lagenorhynchus, on the basis of recent echolocation data 
and genetic data): generalized hearing is estimated to occur between 
approximately 275 Hz and 160 kHz;
    <bullet> Pinnipeds in water; Phocidae (true seals): generalized 
hearing is estimated to occur between approximately 50 Hz to 86 kHz; 
and
    <bullet> Pinnipeds in water; Otariidae (eared seals): generalized 
hearing is estimated to occur between 60 Hz and 39 kHz.
    The pinniped functional hearing group was modified from Southall et 
al. (2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 
2013).
    For more details concerning these groups and associated frequency 
ranges, please see NMFS (2018) for a review of the available 
information.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    This section includes a discussion of the ways that components of 
the specified activity may impact marine mammals and their habitat. The 
Estimated Take of Marine Mammals section later in this rule includes a 
quantitative analysis of the number of instances of take that could 
occur from these activities. The Preliminary Analysis and Negligible 
Impact Determination section considers the content of this section, the 
Estimated Take of Marine Mammals section, and the Proposed Mitigation 
Measures section to draw conclusions regarding the likely impacts of 
these activities on the reproductive success or survivorship of 
individuals and whether those impacts on individuals are likely to 
adversely affect the species through effects on annual rates of 
recruitment or survival.
    The Navy has requested authorization for the take of marine mammals 
that may occur incidental to training activities in the GOA Study Area. 
The Navy analyzed potential impacts to marine mammals in its 
rulemaking/LOA application. NMFS carefully reviewed the information 
provided by the Navy along with independently reviewing applicable 
scientific research and literature and other information to evaluate 
the potential effects of the Navy's activities on marine mammals, which 
are presented in this section. (As noted above, activities that would 
result in take of marine mammals would only occur in the TMAA portion 
of the GOA Study Area.)
    Other potential impacts to marine mammals from training activities 
in the GOA Study Area were analyzed in the Navy's rulemaking/LOA 
application as well as in the 2020 GOA DSEIS/OEIS and 2022 Supplement 
to the 2020 GOA DSEIS/OEIS, in consultation with NMFS as a cooperating 
agency, and determined to be unlikely to result in marine mammal take. 
These include incidental take from vessel strike and serious injury or 
mortality from explosives. Therefore, the Navy did not request 
authorization for incidental take of marine mammals by vessel strike or 
serious injury or mortality from explosives from its proposed specified 
activities. NMFS has carefully considered the information in the 2020 
GOA DSEIS/OEIS, the 2022 Supplement to the 2020 GOA DSEIS/OEIS, and all 
other pertinent information and agrees that incidental take is unlikely 
to occur from these sources. NMFS conducted a detailed analysis of the 
potential for vessel strike, and based on that analysis,

[[Page 49670]]

NMFS does not anticipate vessel strikes of large whales or smaller 
marine mammals in the GOA Study Area. In this proposed rule, NMFS 
analyzes the potential effects of the Navy's activities on marine 
mammals in the GOA Study Area, focusing primarily on the activity 
components that may cause the take of marine mammals: exposure to 
acoustic or explosive stressors including non-impulsive (sonar and 
other transducers) and impulsive (explosives) stressors.
    For the purpose of MMPA incidental take authorizations, NMFS' 
effects assessments serve four primary purposes: (1) to determine 
whether the specified activities would have a negligible impact on the 
affected species or stocks of marine mammals (based on whether it is 
likely that the activities would adversely affect the species or stocks 
through effects on annual rates of recruitment or survival); (2) to 
determine whether the specified activities would have an unmitigable 
adverse impact on the availability of the species or stocks for 
subsistence uses; (3) to prescribe the permissible methods of taking 
(i.e., Level B harassment (behavioral disturbance and temporary 
threshold shift (TTS)), Level A harassment (permanent threshold shift 
(PTS) and non-auditory injury), serious injury, or mortality), 
including identification of the number and types of take that could 
occur by harassment, serious injury, or mortality, and to prescribe 
means of effecting the least practicable adverse impact on the species 
or stocks and their habitat (i.e., mitigation measures); and (4) to 
prescribe requirements pertaining to monitoring and reporting.
    In this section, NMFS provides a description of the ways marine 
mammals potentially could be affected by these activities in the form 
of mortality, physical trauma, sensory impairment (permanent and 
temporary threshold shifts and acoustic masking), physiological 
responses (particularly stress responses), behavioral disturbance, or 
habitat effects. The Estimated Take of Marine Mammals section discusses 
how the potential effects on marine mammals from non-impulsive and 
impulsive sources relate to the MMPA definitions of Level A Harassment 
and Level B Harassment, and quantifies those effects that rise to the 
level of a take. The Preliminary Analysis and Negligible Impact 
Determination section assesses whether the proposed authorized take 
would have a negligible impact on the affected species and stocks.

Potential Effects of Underwater Sound

    Anthropogenic sounds cover a broad range of frequencies and sound 
levels and can have a range of highly variable impacts on marine life, 
from none or minor to potentially severe responses, depending on 
received levels, duration of exposure, behavioral context, and various 
other factors. The potential effects of underwater sound from active 
acoustic sources can possibly result in one or more of the following: 
temporary or permanent hearing impairment, non-auditory physical or 
physiological effects, behavioral response, stress, and masking 
(Richardson et al., 1995; Gordon et al., 2004; Nowacek et al., 2007; 
Southall et al., 2007; G[ouml]tz et al., 2009, Southall et al., 2019a). 
The degree of effect is intrinsically related to the signal 
characteristics, received level, distance from the source, and duration 
of the sound exposure. In general, sudden, high level sounds can cause 
hearing loss, as can longer exposures to lower level sounds. Temporary 
or permanent loss of hearing can occur after exposure to noise, and 
occurs almost exclusively for noise within an animal's hearing range. 
Note that in the following discussion, we refer in many cases to a 
review article concerning studies of noise-induced hearing loss 
conducted from 1996-2015 (i.e., Finneran, 2015). For study-specific 
citations, please see that work. We first describe general 
manifestations of acoustic effects before providing discussion specific 
to the Navy's activities.
    Richardson et al. (1995) described zones of increasing intensity of 
effect that might be expected to occur, in relation to distance from a 
source and assuming that the signal is within an animal's hearing 
range. First is the area within which the acoustic signal would be 
audible (potentially perceived) to the animal, but not strong enough to 
elicit any overt behavioral or physiological response. The next zone 
corresponds with the area where the signal is audible to the animal and 
of sufficient intensity to elicit behavioral or physiological 
responsiveness. Third is a zone within which, for signals of high 
intensity, the received level is sufficient to potentially cause 
discomfort or tissue damage to auditory systems. Overlaying these zones 
to a certain extent is the area within which masking (i.e., when a 
sound interferes with or masks the ability of an animal to detect a 
signal of interest that is above the absolute hearing threshold) may 
occur; the masking zone may be highly variable in size.
    We also describe more severe potential effects (i.e., certain non-
auditory physical or physiological effects). Potential effects from 
impulsive sound sources can range in severity from effects such as 
behavioral disturbance or tactile perception to physical discomfort, 
slight injury of the internal organs and the auditory system, or 
mortality (Yelverton et al., 1973). Non-auditory physiological effects 
or injuries that theoretically might occur in marine mammals exposed to 
high level underwater sound or as a secondary effect of extreme 
behavioral reactions (e.g., change in dive profile as a result of an 
avoidance reaction) include neurological effects, bubble formation, 
resonance effects, and other types of organ or tissue damage (Cox et 
al., 2006; Southall et al., 2007; Zimmer and Tyack, 2007; Tal et al., 
2015).

Acoustic Sources

Direct Physiological Effects
    Non-impulsive sources of sound can cause direct physiological 
effects including noise-induced loss of hearing sensitivity (or 
``threshold shift''), nitrogen decompression, acoustically-induced 
bubble growth, and injury due to sound-induced acoustic resonance. Only 
noise-induced hearing loss is anticipated to occur due to the Navy's 
activities. Acoustically-induced (or mediated) bubble growth and other 
pressure-related physiological impacts are addressed below, but are not 
expected to result from the Navy's activities. 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 and Mortality subsection.

Hearing Loss--Threshold Shift

    Marine mammals exposed to high-intensity sound, or to lower-
intensity sound for prolonged periods, can experience hearing threshold 
shift, which is the loss of hearing sensitivity at certain frequency 
ranges after cessation of sound (Finneran, 2015). Threshold shift can 
be permanent (PTS), in which case the loss of hearing sensitivity is 
not fully recoverable, or temporary (TTS), in which case the animal's 
hearing threshold would recover over time (Southall et al., 2007). TTS 
can last from minutes or hours to days (i.e., there is recovery back to 
baseline/pre-exposure levels), can occur within a specific frequency 
range (i.e., an animal might only have a temporary loss of hearing 
sensitivity within a limited frequency band of its auditory

[[Page 49671]]

range), and can be of varying amounts (e.g., an animal's hearing 
sensitivity might be reduced by only 6 dB or reduced by 30 dB). While 
there is no simple functional relationship between TTS and PTS or other 
auditory injury (e.g., neural degeneration), as TTS increases, the 
likelihood that additional exposure sound pressure level (SPL) or 
duration will result in PTS or other injury also increases (see also 
the 2020 GOA DSEIS/OEIS for additional discussion). Exposure thresholds 
for the onset of PTS or other auditory injury are defined by the amount 
of sound energy that results in 40 dB of TTS. This value is informed by 
experimental data, and is used as a proxy for the onset of auditory 
injury; i.e., it is assumed that exposures beyond those capable of 
causing 40 dB of TTS have the potential to result in PTS or other 
auditory injury (e.g., loss of cochlear neuron synapses, even in the 
absence of PTS). In severe cases of PTS, there can be total or partial 
deafness, while in most cases the animal has an impaired ability to 
hear sounds in specific frequency ranges (Kryter, 1985).
    When PTS occurs, there is physical damage to the sound receptors in 
the ear (i.e., tissue damage), whereas TTS represents primarily tissue 
fatigue and is reversible (Southall et al., 2007). PTS is permanent 
(i.e., there is incomplete recovery back to baseline/pre-exposure 
levels), but also can occur in a specific frequency range and amount as 
mentioned above for TTS. In addition, other investigators have 
suggested that TTS is within the normal bounds of physiological 
variability and tolerance and does not represent physical injury (e.g., 
Ward, 1997). Therefore, NMFS does not consider TTS to constitute 
auditory injury.
    The following physiological mechanisms are thought to play a role 
in inducing auditory threshold shift: 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 can affect the amount of associated 
threshold shift and the frequency range in which it occurs. Generally, 
the amount of threshold shift, and the time needed to recover from the 
effect, increase as amplitude and duration of sound exposure increases. 
Human non-impulsive noise exposure guidelines are based on the 
assumption that exposures of equal energy (the same sound exposure 
level (SEL)) produce equal amounts of hearing impairment regardless of 
how the sound energy is distributed in time (NIOSH, 1998). Previous 
marine mammal TTS studies have also generally supported this equal 
energy relationship (Southall et al., 2007). However, some more recent 
studies concluded that for all noise exposure situations the equal 
energy relationship may not be the best indicator to predict TTS onset 
levels (Mooney et al., 2009a and 2009b; Kastak et al., 2007). 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 SPL) with 
longer duration were found to induce TTS onset at lower levels than 
those of louder (higher SPL) and shorter duration. Less threshold shift 
will occur from intermittent sounds than from a continuous exposure 
with the same energy (some recovery can occur between intermittent 
exposures) (Kryter et al., 1966; Ward, 1997; Mooney et al., 2009a, 
2009b; Finneran et al., 2010). For example, one short but loud (higher 
SPL) sound exposure may induce the same impairment as one longer but 
softer (lower SPL) 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 or repeated 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; Lonsbury-
Martin et al., 1987).
    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).
    The NMFS Acoustic Technical Guidance (NMFS, 2018), which was used 
in the assessment of effects for this rule, compiled, interpreted, and 
synthesized the best available scientific information for noise-induced 
hearing effects for marine mammals to derive updated thresholds for 
assessing the impacts of noise on marine mammal hearing. More recently, 
Southall et al. (2019a) evaluated Southall et al. (2007) and used 
updated scientific information to propose revised noise exposure 
criteria to predict onset of auditory effects in marine mammals (i.e., 
PTS and TTS onset). Southall et al. (2019a) note that the quantitative 
processes described and the resulting exposure criteria (i.e., 
thresholds and auditory weighting functions) are largely identical to 
those in Finneran (2016) and NMFS (2018). They only differ in that the 
Southall et al. (2019a) exposure criteria are more broadly applicable 
as they include all marine mammal species (rather than only those under 
NMFS jurisdiction) for all noise exposures (both in air and underwater 
for amphibious species) and, while the hearing group compositions are 
identical, they renamed the hearing groups. Southall et al. (2021) 
updated the behavioral response severity criteria laid out in Southall 
et al. (2007) and included recommendations on how to present and score 
behavioral responses in future work.
    Many studies have examined noise-induced hearing loss in marine 
mammals (see Finneran (2015) and Southall et al. (2019a) for 
summaries), however for cetaceans, published data on the onset of TTS 
are limited to the captive bottlenose dolphin, beluga, harbor porpoise, 
and Yangtze finless porpoise, and for pinnipeds in water, measurements 
of TTS are limited to harbor seals, elephant seals, and California sea 
lions. These studies examine hearing thresholds measured in marine 
mammals before and after exposure to intense sounds. The difference 
between the pre-exposure and post-exposure thresholds can then be used 
to determine the amount of threshold shift at various post-exposure 
times. NMFS has reviewed the available studies, which are summarized 
below (see also the 2020 GOA DSEIS/OEIS which includes additional 
discussion on TTS studies related to sonar and other transducers).
    <bullet> The method used to test hearing may affect the resulting 
amount of measured TTS, with neurophysiological measures producing 
larger amounts of TTS compared to psychophysical measures (Finneran et 
al., 2007; Finneran, 2015).
    <bullet> The amount of TTS varies with the hearing test frequency. 
As the exposure SPL increases, the frequency at which the maximum TTS 
occurs also increases (Kastelein et al., 2014b). For high-level 
exposures, the maximum TTS typically occurs one-half to one octave 
above the exposure frequency (Finneran et al., 2007; Mooney et al., 
2009a; Nachtigall et al., 2004; Popov et al., 2011; Popov et al., 2013; 
Schlundt et al., 2000;

[[Page 49672]]

Kastelein et al., 2021b; Kastelien et al., 2022). The overall spread of 
TTS from tonal exposures can therefore extend over a large frequency 
range (i.e., narrowband exposures can produce broadband (greater than 
one octave) TTS).
    <bullet> The amount of TTS increases with exposure SPL and duration 
and is correlated with SEL, especially if the range of exposure 
durations is relatively small (Kastak et al., 2007; Kastelein et al., 
2014b; Popov et al., 2014). As the exposure duration increases, 
however, the relationship between TTS and SEL begins to break down. 
Specifically, duration has a more significant effect on TTS than would 
be predicted on the basis of SEL alone (Finneran et al., 2010a; Kastak 
et al., 2005; Mooney et al., 2009a). This means if two exposures have 
the same SEL but different durations, the exposure with the longer 
duration (thus lower SPL) will tend to produce more TTS than the 
exposure with the higher SPL and shorter duration. In most acoustic 
impact assessments, the scenarios of interest involve shorter duration 
exposures than the marine mammal experimental data from which impact 
thresholds are derived; therefore, use of SEL tends to over-estimate 
the amount of TTS. Despite this, SEL continues to be used in many 
situations because it is relatively simple, more accurate than SPL 
alone, and lends itself easily to scenarios involving multiple 
exposures with different SPL.
    <bullet> Gradual increases of TTS may not be directly observable 
with increasing exposure levels, before the onset of PTS (Reichmuth et 
al., 2019). Similarly, PTS can occur without measurable behavioral 
modifications (Reichmuth et al., 2019).
    <bullet> The amount of TTS depends on the exposure frequency. 
Sounds at low frequencies, well below the region of best sensitivity, 
are less hazardous than those at higher frequencies, near the region of 
best sensitivity (Finneran and Schlundt, 2013). The onset of TTS--
defined as the exposure level necessary to produce 6 dB of TTS (i.e., 
clearly above the typical variation in threshold measurements)--also 
varies with exposure frequency. At low frequencies, onset-TTS exposure 
levels are higher compared to those in the region of best sensitivity. 
For example, for harbor porpoises exposed to one-sixth octave noise 
bands at 16 kHz (Kastelein et al., 2019f), 32 kHz (Kastelein et al., 
2019d), 63 kHz (Kastelein et al., 2020a), and 88.4 kHz (Kastelein et 
al., 2020b), less susceptibility to TTS was found as frequency 
increased, whereas exposure frequencies below ~6.5 kHz showed an 
increase in TTS susceptibility as frequency increased and approached 
the region of best sensitivity. Kastelein et al. (2020b) showed a much 
higher onset of TTS for a 88.5 kHz exposure as compared to lower 
exposure frequencies (i.e., 16 kHz (Kastelein et al., 2019) 1.5 kHz and 
6.5 kHz (Kastelein et al., 2020a)). For the 88.4 kHz test frequency, a 
185 dB re 1 micropascal squared per second ([micro]Pa\2\-s) exposure 
resulted in 3.6 dB of TTS, and a 191 dB re 1 [micro]Pa\2\-s exposure 
produced 5.2 dB of TTS at 100 kHz and 5.4 dB of TTS at 125 kHz. 
Together, these new studies demonstrate that the criteria for high-
frequency (HF) cetacean auditory impacts is likely to be conservative.
    <bullet> TTS can accumulate across multiple exposures, but the 
resulting TTS will be less than the TTS from a single, continuous 
exposure with the same SEL (Finneran et al., 2010a; Kastelein et al., 
2014b; Kastelein et al., 2015b; Mooney et al., 2009b). This means that 
TTS predictions based on the total, cumulative SEL will overestimate 
the amount of TTS from intermittent exposures such as sonars and 
impulsive sources. The importance of duty cycle in predicting the 
likelihood of TTS is demonstrated further in Kastelein et al. (2021b). 
The authors found that reducing the duty cycle of a sound generally 
reduced the potential for TTS in California sea lions, and that, 
further, California sea lions are more susceptible to TTS than 
previously believed at the 2 and 4 kHz frequencies tested.
    <bullet> The amount of observed TTS tends to decrease with 
increasing time following the exposure; however, the relationship is 
not monotonic (i.e., increasing exposure does not always increase TTS). 
The time required for complete recovery of hearing depends on the 
magnitude of the initial shift; for relatively small shifts recovery 
may be complete in a few minutes, while large shifts (e.g., 
approximately 40 dB) may require several days for recovery. Recovery 
times are consistent for similar-magnitude TTS, regardless of the type 
of fatiguing sound exposure (impulsive, continuous noise band, or 
sinusoidal wave; (Kastelein et al., 2019e)). Under many circumstances 
TTS recovers linearly with the logarithm of time (Finneran et al., 
2010a, 2010b; Finneran and Schlundt, 2013; Kastelein et al., 2012a; 
Kastelein et al., 2012b; Kastelein et al., 2013a; Kastelein et al., 
2014b; Kastelein et al., 2014c; Popov et al., 2011; Popov et al., 2013; 
Popov et al., 2014). This means that for each doubling of recovery 
time, the amount of TTS will decrease by the same amount (e.g., 6 dB 
recovery per doubling of time). Please see Section 3.8.3.1.1.2 of the 
2020 GOA DSEIS/OEIS for discussion of additional threshold shift 
literature.
    Nachtigall et al. (2018) and Finneran (2018) describe the 
measurements of hearing sensitivity of multiple odontocete species 
(bottlenose dolphin, harbor porpoise, beluga, and false killer whale) 
when a relatively loud sound was preceded by a warning sound. These 
captive animals were shown to reduce hearing sensitivity when warned of 
an impending intense sound. Based on these experimental observations of 
captive animals, the authors suggest that wild animals may dampen their 
hearing during prolonged exposures or if conditioned to anticipate 
intense sounds. Another study showed that echolocating animals 
(including odontocetes) might have anatomical specializations that 
might allow for conditioned hearing reduction and filtering of low-
frequency ambient noise, including increased stiffness and control of 
middle ear structures and placement of inner ear structures (Ketten et 
al., 2021). Finneran recommends further investigation of the mechanisms 
of hearing sensitivity reduction in order to understand the 
implications for interpretation of existing TTS data obtained from 
captive animals, notably for considering TTS due to short duration, 
unpredictable exposures.
    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 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 impeded communication. Animals 
exposed to high levels of sound that would be expected to result in 
this physiological response would also be expected to have behavioral 
responses of a

[[Page 49673]]

comparatively more severe or sustained nature, which is potentially 
more significant than simple existence of a TTS. However, it is 
important to note that TTS could occur due to longer exposures to sound 
at lower levels so that a behavioral response may not be elicited.
    Depending on the degree and frequency range, the effects of PTS on 
an animal could also 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 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 
some cost to the animal.

Acoustically-Induced Bubble Formation Due to Sonars and Other Pressure-
Related Impacts

    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). 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 (in combination with the 
source levels) of sonar 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. Recent research with ex vivo 
supersaturated bovine tissues suggested that, for a 37 kHz signal, a 
sound exposure of approximately 215 dB referenced to (re) 1 [mu]Pa 
would be required before microbubbles became destabilized and grew 
(Crum et al., 2005). Assuming spherical spreading loss and a nominal 
sonar source level of 235 dB re: 1 [mu]Pa at 1 m, a whale would need to 
be within 10 m (33 ft) of the sonar dome to be exposed to such sound 
levels. Furthermore, tissues in the study were supersaturated by 
exposing them to pressures of 400-700 kilopascals for periods of hours 
and then releasing them to ambient pressures. Assuming the 
equilibration of gases with the tissues occurred when the tissues were 
exposed to the high pressures, levels of supersaturation in the tissues 
could have been as high as 400-700 percent. These levels of tissue 
supersaturation are substantially higher than model predictions for 
marine mammals (Houser et al., 2001; Saunders et al., 2008). It is 
improbable that this mechanism is responsible for stranding events or 
traumas associated with beaked whale strandings because both the degree 
of supersaturation and exposure levels observed to cause microbubble 
destabilization are unlikely to occur, either alone or in concert.
    Yet another hypothesis (decompression sickness) has 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; 
Fern[aacute]ndez et al., 2012). 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). 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). Jepson et al. (2003, 2005) and Fernandez et 
al. (2004, 2005, 2012) concluded that in vivo bubble formation, which 
may be exacerbated by deep, long-duration, repetitive dives may explain 
why beaked whales appear to be relatively vulnerable to MF/HF sonar 
exposures. It has also been argued that traumas from some beaked whale 
strandings are consistent with gas emboli and bubble-induced tissue 
separations (Jepson et al., 2003); however, there is no conclusive 
evidence of this (Rommel et al., 2006). Based on examination of sonar-
associated strandings, Bernaldo de Quiros et al. (2019) list diagnostic 
features, the presence of all of which suggest gas and fat embolic 
syndrome for beaked whales stranded in association with sonar exposure.
    As described in additional detail in the Nitrogen Decompression 
subsection of the 2020 GOA DSEIS/OEIS, marine mammals generally are 
thought to deal with nitrogen loads in their blood and other tissues, 
caused by gas exchange from the lungs under conditions of high ambient 
pressure during diving, through anatomical, behavioral, and 
physiological adaptations (Hooker et al., 2012). Although not a direct 
injury, variations in marine mammal diving behavior or avoidance 
responses have been hypothesized to result in nitrogen off-gassing in 
super-saturated tissues, possibly to the point of deleterious vascular 
and tissue bubble formation (Hooker et al., 2012; Jepson et al., 2003; 
Saunders et al., 2008) with resulting symptoms similar to decompression 
sickness, however the process is still not well understood.
    Fahlman et al. (2021) explained how stress can have a critical role 
in causing the gas emboli present in stranded cetaceans. The authors 
review decompression theory and the mechanisms dolphins have evolved to 
prevent high N<INF>2</INF> levels and gas emboli in normal conditions, 
and describe how, in times of high stress, the selective gas exchange 
hypothesis states that this mechanism can break down. In addition, 
circulating microparticles may be a useful biomarker for decompression 
stress in cetaceans. Velazquez-Wallraf et al. (2021) found that 
individual variation also has an essential role in

[[Page 49674]]

this condition. To validate decompression sickness observations in 
certain stranded cetaceans found coincident with naval activities, the 
study used rabbits as an experimental pathological model and found that 
rabbit mortalities during or immediately following decompression showed 
systematically distributed gas bubbles (microscopic and macroscopic), 
as well as emphysema and hemorrhages in multiple organs, similar to 
observations in the stranded cetacean mortalities. Similar findings 
were not found in almost half the rabbits that survived at least one 
hour after decompression, revealing individual variation has an 
essential role in this condition.
    In 2009, Hooker et al. tested two mathematical models to predict 
blood and tissue tension N<INF>2</INF> (P<INF>N2</INF>) using field 
data from three beaked whale species: northern bottlenose whales, 
Cuvier's beaked whales, and Blainville's beaked whales. The researchers 
aimed to determine if physiology (body mass, diving lung volume, and 
dive response) or dive behavior (dive depth and duration, changes in 
ascent rate, and diel behavior) would lead to differences in 
P<INF>N2</INF> levels and thereby decompression sickness risk between 
species. In their study, they compared results for previously published 
time depth recorder data (Hooker and Baird, 1999; Baird et al., 2006, 
2008) from Cuvier's beaked whale, Blainville's beaked whale, and 
northern bottlenose whale. They reported that diving lung volume and 
extent of the dive response had a large effect on end-dive 
P<INF>N2</INF>. Also, results showed that dive profiles had a larger 
influence on end-dive P<INF>N2</INF> than body mass differences between 
species. Despite diel changes (i.e., variation that occurs regularly 
every day or most days) in dive behavior, P<INF>N2</INF> levels showed 
no consistent trend. Model output suggested that all three species live 
with tissue P<INF>N2</INF> levels that would cause a significant 
proportion of decompression sickness cases in terrestrial mammals. The 
authors concluded that the dive behavior of Cuvier's beaked whale was 
different from both Blainville's beaked whale and northern bottlenose 
whale, and resulted in higher predicted tissue and blood N<INF>2</INF> 
levels (Hooker et al., 2009). They also suggested that the prevalence 
of Cuvier's beaked whales stranding after naval sonar exercises could 
be explained by either a higher abundance of this species in the 
affected areas or by possible species differences in behavior and/or 
physiology related to MF active sonar (Hooker et al., 2009).
    Bernaldo de Quiros et al. (2012) showed that, among stranded 
whales, deep diving species of whales had higher abundances of gas 
bubbles compared to shallow diving species. Kvadsheim et al. (2012) 
estimated blood and tissue P<INF>N2</INF> levels in species 
representing shallow, intermediate, and deep diving cetaceans following 
behavioral responses to sonar and their comparisons found that deep 
diving species had higher end-dive blood and tissue N<INF>2</INF> 
levels, indicating a higher risk of developing gas bubble emboli 
compared with shallow diving species. Fahlmann et al. (2014) evaluated 
dive data recorded from sperm, killer, long-finned pilot, Blainville's 
beaked and Cuvier's beaked whales before and during exposure to low-
frequency (1-2 kHz), as defined by the authors, and mid-frequency (2-7 
kHz) active sonar in an attempt to determine if either differences in 
dive behavior or physiological responses to sonar are plausible risk 
factors for bubble formation. The authors suggested that CO<INF>2</INF> 
may initiate bubble formation and growth, while elevated levels of 
N<INF>2</INF> may be important for continued bubble growth. The authors 
also suggest that if CO<INF>2</INF> plays an important role in bubble 
formation, a cetacean escaping a sound source may experience increased 
metabolic rate, CO<INF>2</INF> production, and alteration in cardiac 
output, which could increase risk of gas bubble emboli. However, as 
discussed in Kvadsheim et al. (2012), the actual observed behavioral 
responses to sonar from the species in their study (sperm, killer, 
long-finned pilot, Blainville's beaked, and Cuvier's beaked whales) did 
not imply any significantly increased risk of decompression sickness 
due to high levels of N<INF>2.</INF> Therefore, further information is 
needed to understand the relationship between exposure to stimuli, 
behavioral response (discussed in more detail below), elevated 
N<INF>2</INF> levels, and gas bubble emboli in marine mammals. The 
hypotheses for gas bubble formation related to beaked whale strandings 
is that beaked whales potentially have strong avoidance responses to MF 
active sonars because they sound similar to their main predator, the 
killer whale (Cox et al., 2006; Southall et al., 2007; Zimmer and 
Tyack, 2007; Baird et al., 2008; Hooker et al., 2009). Further 
investigation is needed to assess the potential validity of these 
hypotheses.
    To summarize, while there are several hypotheses, there is little 
data directly connecting intense, anthropogenic underwater sounds with 
non-auditory physical effects in marine mammals. The available data do 
not support identification of a specific exposure level above which 
non-auditory effects can be expected (Southall et al., 2007) or any 
meaningful quantitative predictions of the numbers (if any) of marine 
mammals that might be affected in these ways. In addition, such 
effects, if they occur at all, would be expected to be limited to 
situations where marine mammals are exposed to high powered sounds at 
very close range over a prolonged period of time, which is not expected 
to occur based on the speed of the vessels operating sonar in 
combination with the speed and behavior of marine mammals in the 
vicinity of sonar.

Injury Due to Sonar-Induced Acoustic Resonance

    An object exposed to its resonant frequency will tend to amplify 
its vibration at that frequency, a phenomenon called acoustic 
resonance. Acoustic resonance has been proposed as a potential 
mechanism by which a sonar or sources with similar operating 
characteristics could damage tissues of marine mammals. In 2002, NMFS 
convened a panel of government and private scientists to investigate 
the potential for acoustic resonance to occur in marine mammals (NOAA, 
2002). They modeled and evaluated the likelihood that Navy mid-
frequency sonar (2-10 kHz) caused resonance effects in beaked whales 
that eventually led to their stranding. The workshop participants 
concluded that resonance in air-filled structures was not likely to 
have played a primary role in the Bahamas stranding in 2000. They 
listed several reasons supporting this finding including (among 
others): tissue displacements at resonance are estimated to be too 
small to cause tissue damage; tissue-lined air spaces most susceptible 
to resonance are too large in marine mammals to have resonant 
frequencies in the ranges used by mid-frequency or low-frequency sonar; 
lung resonant frequencies increase with depth, and tissue displacements 
decrease with depth so if resonance is more likely to be caused at 
depth it is also less likely to have an affect there; and lung tissue 
damage has not been observed in any mass, multi-species stranding of 
beaked whales. The frequency at which resonance was predicted to occur 
in the animals' lungs was 50 Hz, well below the frequencies used by the 
mid-frequency sonar systems associated with the Bahamas event. The 
workshop participants focused on the March 2000 stranding of beaked 
whales in the Bahamas as high-quality data were available, but the 
workshop report notes that the results apply to other sonar-related 
stranding events. For the reasons given by the

[[Page 49675]]

2002 workshop participants, we do not anticipate injury due to sonar-
induced acoustic resonance from the Navy's planned activities.
Physiological Stress
    There is growing interest in monitoring and assessing the impacts 
of stress responses to sound in marine animals. 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 
responses.
    According to Moberg (2000), in the case of many stressors, an 
animal's first and sometimes 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 systems 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 and Rivest, 1991), altered metabolism (Elasser et al., 
2000), reduced immune competence (Blecha, 2000), and behavioral 
disturbance (Moberg, 1987; Blecha, 2000). 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 
serious fitness consequences. 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 a stress response diverts energy away from growth in 
young animals, those animals may experience stunted growth. When 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'' (Seyle, 1950) or ``allostatic loading'' (McEwen and 
Wingfield, 2003). This pathological state of distress will last until 
the animal replenishes its energetic reserves sufficiently to restore 
normal function. Note that these examples involved a long-term (days or 
weeks) stress response exposure to stimuli.
    Relationships between these physiological mechanisms, animal 
behavior, and the costs of stress responses are well-studied through 
controlled experiments in both laboratory and free-ranging 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). However, it should be noted (and as is 
described in additional detail in the 2020 GOA DSEIS/OEIS) that our 
understanding of the functions of various stress hormones (for example, 
cortisol), is based largely upon observations of the stress response in 
terrestrial mammals. Atkinson et al., 2015 note that the endocrine 
response of marine mammals to stress may not be the same as that of 
terrestrial mammals because of the selective pressures marine mammals 
faced during their evolution in an ocean environment. For example, due 
to the necessity of breath-holding while diving and foraging at depth, 
the physiological role of epinephrine and norepinephrine (the 
catecholamines) in marine mammals might be different than in other 
mammals.
    Marine mammals naturally experience stressors within their 
environment and as part of their life histories. Changing weather and 
ocean conditions, exposure to disease and naturally occurring toxins, 
lack of prey availability, and interactions with predators all 
contribute to the stress a marine mammal experiences (Atkinson et al., 
2015). Breeding cycles, periods of fasting, and social interactions 
with members of the same species are also stressors, although they are 
natural components of an animal's life history. Anthropogenic 
activities have the potential to provide additional stressors beyond 
those that occur naturally (Fair et al., 2014; Meissner et al., 2015; 
Rolland et al., 2012). Anthropogenic stressors potentially include such 
things as fishery interactions, pollution, tourism, and ocean noise.
    Acoustically induced stress in marine mammals is not well 
understood. There are ongoing efforts to improve our understanding of 
how stressors impact marine mammal populations (e.g., King et al., 
2015; New et al., 2013a; New et al., 2013b; Pirotta et al., 2015a), 
however little data exist on the consequences of sound-induced stress 
response (acute or chronic). Factors potentially affecting a marine 
mammal's response to a stressor include the individual's life history 
stage, sex, age, reproductive status, overall physiological and 
behavioral plasticity, and whether they are na[iuml]ve or experienced 
with the sound (e.g., prior experience with a stressor may result in a 
reduced response due to habituation (Finneran and Branstetter, 2013; 
St. Aubin and Dierauf, 2001). Stress responses due to exposure to 
anthropogenic sounds or other stressors and their effects on marine 
mammals have been reviewed (Fair and Becker, 2000; Romano et al., 
2002b) and, more rarely, studied in wild populations (e.g., Romano et 
al., 2002a). For example, Rolland et al. (2012) found that noise 
reduction from reduced ship traffic in the Bay of Fundy was associated 
with decreased stress in North Atlantic right whales. These and other 
studies lead to a reasonable expectation that some marine mammals will 
experience physiological stress responses upon exposure to acoustic 
stressors and that it is possible that some of these would be 
classified as ``distress.'' In addition, any animal experiencing TTS 
would likely also experience stress responses (NRC, 2003).

[[Page 49676]]

    Other research has also investigated the impact from vessels (both 
whale-watching and general vessel traffic noise), and demonstrated 
impacts do occur (Bain, 2002; Erbe, 2002; Lusseau, 2006; Williams et 
al., 2006; Williams et al., 2009; Noren et al., 2009; Read et al., 
2014; Rolland et al., 2012; Skarke et al., 2014; Williams et al., 2013; 
Williams et al., 2014a; Williams et al., 2014b; Pirotta et al., 2015b). 
This body of research has generally investigated impacts associated 
with the presence of chronic stressors, which differ significantly from 
the proposed Navy training activities in the GOA Study Area. For 
example, in an analysis of energy costs to killer whales, Williams et 
al. (2009) suggested that whale-watching in Canada's Johnstone Strait 
resulted in lost feeding opportunities due to vessel disturbance, which 
could carry higher costs than other measures of behavioral change might 
suggest. Ayres et al. (2012) reported on research in the Salish Sea 
(Washington state) involving the measurement of southern resident 
killer whale fecal hormones to assess two potential threats to the 
species recovery: lack of prey (salmon) and impacts to behavior from 
vessel traffic. Ayres et al. (2012) suggested that the lack of prey 
overshadowed any population-level physiological impacts on southern 
resident killer whales from vessel traffic. In a conceptual model 
developed by the Population Consequences of Acoustic Disturbance (PCAD) 
working group, serum hormones were identified as possible indicators of 
behavioral effects that are translated into altered rates of 
reproduction and mortality (NRC, 2005). The Office of Naval Research 
hosted a workshop (Effects of Stress on Marine Mammals Exposed to 
Sound) in 2009 that focused on this topic (ONR, 2009). Ultimately, the 
PCAD working group issued a report (Cochrem, 2014) that summarized 
information compiled from 239 papers or book chapters relating to 
stress in marine mammals and concluded that stress responses can last 
from minutes to hours and, while we typically focus on adverse stress 
responses, stress response is part of a natural process to help animals 
adjust to changes in their environment and can also be either neutral 
or beneficial.
    Most sound-induced stress response studies in marine mammals have 
focused on acute responses to sound either by measuring catecholamines 
or by measuring heart rate as an assumed proxy for an acute stress 
response. Belugas demonstrated no catecholamine response to the 
playback of oil drilling sounds (Thomas et al., 1990) but showed a 
small but statistically significant increase in catecholamines 
following exposure to impulsive sounds produced from a seismic water 
gun (Romano et al., 2004). A bottlenose dolphin exposed to the same 
seismic water gun signals did not demonstrate a catecholamine response, 
but did demonstrate a statistically significant elevation in 
aldosterone (Romano et al., 2004), albeit the increase was within the 
normal daily variation observed in this species (St. Aubin et al., 
1996). Increases in heart rate were observed in bottlenose dolphins to 
which known calls of other dolphins were played, although no increase 
in heart rate was observed when background tank noise was played back 
(Miksis et al., 2001). Unfortunately, in this study, it cannot be 
determined whether the increase in heart rate was due to stress or an 
anticipation of being reunited with the dolphin to which the 
vocalization belonged. Similarly, a young beluga's heart rate was 
observed to increase during exposure to noise, with increases dependent 
upon the frequency band of noise and duration of exposure, and with a 
sharp decrease to normal or below normal levels upon cessation of the 
exposure (Lyamin et al., 2011). Spectral analysis of heart rate 
variability corroborated direct measures of heart rate (Bakhchina et 
al., 2017). This response might have been in part due to the conditions 
during testing, the young age of the animal, and the novelty of the 
exposure; a year later the exposure was repeated at a slightly higher 
received level and there was no heart rate response, indicating the 
beluga whale may have acclimated to the noise exposure. Kvadsheim et 
al. (2010) measured the heart rate of captive hooded seals during 
exposure to sonar signals and found an increase in the heart rate of 
the seals during exposure periods versus control periods when the 
animals were at the surface. When the animals dove, the normal dive-
related bradycardia (decrease in heart rate) was not impacted by the 
sonar exposure. Elmegaard et al. (2021) found that sonar sweeps did not 
elicit a startle response in captive harbor porpoises, but initial 
exposures induced bradycardia, whereas impulse exposures induced 
startle responses without a change in heart rate. The authors suggested 
that the parasympathetic cardiac dive response may override any 
transient sympathetic response, or that diving mammals may not have the 
cardiac startle response seen in terrestrial mammals in order to 
maintain volitional cardiovascular control at depth. Similarly, 
Thompson et al. (1998) observed a rapid but short-lived decrease in 
heart rates in harbor and grey seals exposed to seismic air guns (cited 
in Gordon et al., 2003). Williams et al. (2017) monitored the heart 
rates of narwhals released from capture and found that a profound dive 
bradycardia persisted, even though exercise effort increased 
dramatically as part of their escape response following release. Thus, 
although some limited evidence suggests that tachycardia might occur as 
part of the acute stress response of animals that are at the surface, 
the dive bradycardia persists during diving and might be enhanced in 
response to an acute stressor. Yang et al. (2021) measured cortisol 
concentrations in two bottlenose dolphins and found significantly 
higher concentrations after exposure to 140 dB re 1 [micro]Pa impulsive 
noise playbacks. Two out of six tested indicators of immune system 
function underwent acoustic dose-dependent changes, suggesting that 
repeated exposures or sustained stress response to impulsive sounds may 
increase an affected individual's susceptibility to pathogens. However, 
exposing dolphins to a different acoustic stressor yielded contrasting 
results. Houser et al. (2020) measured cortisol and epinephrine 
obtained from 30 bottlenose dolphins exposed to simulated U.S. Navy 
mid-frequency sonar and found no correlation between SPL and stress 
hormone levels. In the same experiment (Houser et al., 2013b), 
behavioral responses were shown to increase in severity with increasing 
received SPLs. These results suggest that behavioral reactions to sonar 
signals are not necessarily indicative of a hormonal stress response. 
Houser et al. (2020) notes that additional research is needed to 
determine the relationship between behavioral responses and 
physiological responses.
    Despite the limited amount of data available on sound-induced 
stress responses for marine mammals exposed to anthropogenic sounds, 
studies of other marine animals and terrestrial animals would also lead 
us to expect that some marine mammals 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 (e.g., elevated respiration and increased heart rates). Jones 
(1998) reported on reductions in human performance when faced with 
acute,

[[Page 49677]]

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 physiological stress responses of endangered Sonoran pronghorn to 
military overflights. However, take due to aircraft noise is not 
anticipated as a result of the Navy's activities. 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.
Auditory Masking
    Sound can disrupt behavior through masking, or interfering with, an 
animal's ability to detect, recognize, or discriminate between acoustic 
signals of interest (e.g., those used for intraspecific communication 
and social interactions, prey detection, predator avoidance, or 
navigation) (Richardson et al., 1995; Erbe and Farmer, 2000; Tyack, 
2000; Erbe et al., 2016). Masking occurs when the receipt of a sound is 
interfered with by another coincident sound at similar frequencies and 
at similar or higher intensity, and may occur whether the sound is 
natural (e.g., snapping shrimp, wind, waves, precipitation) or 
anthropogenic (e.g., shipping, sonar, seismic exploration) in origin. 
As described in detail in the 2020 GOA DSEIS/OEIS, the ability of a 
noise source to mask biologically important sounds depends on the 
characteristics of both the noise source and the signal of interest 
(e.g., signal-to-noise ratio, temporal variability, direction), in 
relation to each other and to an animal's hearing abilities (e.g., 
sensitivity, frequency range, critical ratios, frequency 
discrimination, directional discrimination, age, or TTS hearing loss), 
and existing ambient noise and propagation conditions. Masking these 
acoustic signals can disturb the behavior of individual animals, groups 
of animals, or entire populations. Masking can lead to behavioral 
changes including vocal changes (e.g., Lombard effect, increasing 
amplitude, or changing frequency), cessation of foraging, and leaving 
an area, to both signalers and receivers, in an attempt to compensate 
for noise levels (Erbe et al., 2016).
    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.
    Under certain circumstances, marine mammals experiencing 
significant masking could also be impaired from maximizing their 
performance fitness in survival and reproduction. Therefore, when the 
coincident (masking) sound is man-made, it may be considered harassment 
when disrupting natural behavioral patterns to the point where the 
behavior is abandoned or significantly altered. It is important to 
distinguish TTS and PTS, which persist after the sound exposure, from 
masking, which only occurs during the sound exposure. Because masking 
(without resulting in threshold shift) is not associated with abnormal 
physiological function, it is not considered a physiological effect, 
but rather a potential behavioral effect.
    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 (including critical 
ratios, or the lowest signal-to-noise ratio in which animals can detect 
a signal, Finneran and Branstetter, 2013; Johnson et al., 1989; 
Southall et al., 2000) 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 frequency range of the potentially masking sound is important 
in determining any potential behavioral impacts. For example, low-
frequency signals may have less effect on high-frequency echolocation 
sounds produced by odontocetes but are more likely to affect detection 
of mysticete communication calls and other potentially important 
natural sounds such as those produced by surf and some prey species. 
The masking of communication signals by anthropogenic noise may be 
considered as a reduction in the communication space of animals (e.g., 
Clark et al., 2009; Matthews et al., 2016) and may result in energetic 
or other costs as animals change their vocalization behavior (e.g., 
Miller et al., 2000; Foote et al., 2004; Parks et al., 2007; Di Iorio 
and Clark, 2009; Holt et al., 2009). Masking can be reduced in 
situations where the signal and noise come from different directions 
(Richardson et al., 1995), through amplitude modulation of the signal, 
or through other compensatory behaviors (Houser and Moore, 2014). 
Masking can be tested directly in captive species (e.g., Erbe, 2008), 
but in wild populations it must be either modeled or inferred from 
evidence of masking compensation. There are few studies addressing 
real-world masking sounds likely to be experienced by marine mammals in 
the wild (e.g., Branstetter et al., 2013).
    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 
study by Nachtigall and Supin (2018) showed that false killer whales 
adjust their hearing to compensate for ambient sounds and the intensity 
of returning echolocation signals.
    Impacts on signal detection, measured by masked detection 
thresholds, are not the only important factors to address when 
considering the potential effects of masking. As marine mammals use 
sound to recognize conspecifics, prey, predators, or other biologically 
significant sources (Branstetter et al., 2016), it is also important to 
understand the impacts of masked recognition thresholds (often called 
``informational masking''). Branstetter et al., 2016 measured masked 
recognition thresholds for whistle-like sounds of bottlenose dolphins 
and observed that they are approximately 4 dB above detection 
thresholds (energetic masking) for the same signals. Reduced ability to 
recognize a conspecific call or the acoustic signature of a predator 
could have severe negative impacts. Branstetter et al., 2016 observed 
that if ``quality communication'' is set at 90 percent recognition the 
output of communication space models (which are based on 50 percent 
detection) would likely result in a significant decrease in 
communication range.
    As marine mammals use sound to recognize predators (Allen et al., 
2014; Cummings and Thompson, 1971; Cur[eacute]

[[Page 49678]]

et al., 2015; Fish and Vania, 1971), the presence of masking noise may 
also prevent marine mammals from responding to acoustic cues produced 
by their predators, particularly if it occurs in the same frequency 
band. For example, harbor seals that reside in the coastal waters off 
British Columbia are frequently targeted by mammal-eating killer 
whales. The seals acoustically discriminate between the calls of 
mammal-eating and fish-eating killer whales (Deecke et al., 2002), a 
capability that should increase survivorship while reducing the energy 
required to attend to all killer whale calls. Similarly, sperm whales 
(Cur[eacute] et al., 2016; Isojunno et al., 2016), long-finned pilot 
whales (Visser et al., 2016), and humpback whales (Cur[eacute] et al., 
2015) changed their behavior in response to killer whale vocalization 
playbacks; these findings indicate that some recognition of predator 
cues could be missed if the killer whale vocalizations were masked. The 
potential effects of masked predator acoustic cues depends on the 
duration of the masking noise and the likelihood of a marine mammal 
encountering a predator during the time that detection and recognition 
of predator cues are impeded.
    Redundancy and context can also facilitate detection of weak 
signals. These phenomena may help marine mammals detect weak sounds in 
the presence of natural or manmade noise. Most masking studies in 
marine mammals present the test signal and the masking noise from the 
same direction. The dominant background noise may be highly directional 
if it comes from a particular anthropogenic source such as a ship or 
industrial site. Directional hearing may significantly reduce the 
masking effects of these sounds by improving the effective signal-to-
noise ratio.
    Masking affects both senders and receivers of acoustic signals and 
can potentially have long-term chronic effects on marine mammals at the 
population level as well as at the individual level. Low-frequency 
ambient sound levels have increased by as much as 20 dB (more than 
three times in terms of SPL) in the world's ocean from pre-industrial 
periods, with most of the increase from distant commercial shipping 
(Hildebrand, 2009). All anthropogenic sound sources, but especially 
chronic and lower-frequency signals (e.g., from commercial vessel 
traffic), contribute to elevated ambient sound levels, thus 
intensifying masking.

Impaired Communication

    In addition to making it more difficult for animals to perceive and 
recognize 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'' (or communication space) of their vocalizations, which 
is the maximum area within which their vocalizations can be detected 
before it drops 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). 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 species 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 adjustments to vocalization 
characteristics such as the frequency structure, amplitude, temporal 
structure, and temporal delivery (repetition rate), or may cease to 
vocalize.
    Many animals will combine several of these strategies to compensate 
for high levels of background noise. Although the fitness consequences 
of vocal adjustments are not directly known in all instances, like most 
other trade-offs animals must make, some of these strategies probably 
come at a cost (Patricelli et al., 2006). Shifting songs and calls to 
higher frequencies may also impose energetic costs (Lambrechts, 1996). 
For example, in birds, 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).
    Marine mammals are also known to make vocal changes in response to 
anthropogenic noise. In cetaceans, vocalization changes have been 
reported from exposure to anthropogenic noise sources such as sonar, 
vessel noise, and seismic surveying (see the following for examples: 
Gordon et al., 2003; Di Iorio and Clark, 2010; Hatch et al., 2012; Holt 
et al., 2008; Holt et al., 2011; Lesage et al., 1999; McDonald et al., 
2009; Parks et al., 2007, Risch et al., 2012, Rolland et al., 2012), as 
well as changes in the natural acoustic environment (Caruso et al., 
2020; Dunlop et al., 2014; Helble et al., 2020). Vocal changes can be 
temporary, or can be persistent. For example, model simulation suggests 
that the increase in starting frequency for the North Atlantic right 
whale upcall over the last 50 years resulted in increased detection 
ranges between right whales. The frequency shift, coupled with an 
increase in call intensity by 20 dB, led to a call detectability range 
of less than 3 km to over 9 km (Tennessen and Parks, 2016). Holt et al. 
(2008) measured killer whale call source levels and background noise 
levels in the one to 40 kHz band and reported that the whales increased 
their call source levels by one dB SPL for every one dB SPL increase in 
background noise level. Similarly, another study on St. Lawrence River 
belugas reported a similar rate of increase in vocalization activity in 
response to passing vessels (Scheifele et al., 2005). Di Iorio and 
Clark (2010) showed that blue whale calling rates vary in association 
with seismic sparker survey activity, with whales calling more on days 
with surveys than on days without surveys. They suggested that the 
whales called more during seismic survey periods as a way to compensate 
for the elevated noise conditions.
    In some cases, these vocal changes may have fitness consequences, 
such as an increase in metabolic rates and oxygen consumption, as 
observed in bottlenose dolphins when increasing their call amplitude 
(Holt et al., 2015). A switch from vocal communication to physical, 
surface-generated sounds such as pectoral fin slapping or breaching was 
observed for humpback whales in the presence of increasing natural 
background noise levels, indicating that adaptations to masking may 
also move beyond vocal modifications (Dunlop et al., 2010).
    While these changes all represent possible tactics by the sound-
producing animal to reduce the impact of masking, the receiving animal 
can also reduce masking by using active listening strategies such as 
orienting to the sound source, moving to a quieter location, or 
reducing self-noise from hydrodynamic flow by remaining still. The 
temporal structure of noise (e.g., amplitude modulation) may also 
provide a considerable release from masking through comodulation 
masking release (a reduction of masking that occurs when broadband 
noise, with a frequency spectrum wider than an animal's auditory filter 
bandwidth at the

[[Page 49679]]

frequency of interest, is amplitude modulated) (Branstetter and 
Finneran, 2008; Branstetter et al., 2013). Signal type (e.g., whistles, 
burst-pulse, sonar clicks) and spectral characteristics (e.g., 
frequency modulated with harmonics) may further influence masked 
detection thresholds (Branstetter et al., 2016; Cunningham et al., 
2014).

Masking Due to Sonar and Other Transducers

    The functional hearing ranges of mysticetes, odontocetes, and 
pinnipeds underwater overlap the frequencies of the sonar sources used 
in the Navy's low-frequency active sonar (LFAS)/mid-frequency active 
sonar (MFAS)/high-frequency active sonar (HFAS) training exercises 
(though the Navy proposes no LFAS use for the activities in this 
rulemaking). Additionally, almost all affected species' vocal 
repertoires span across the frequencies of these sonar 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. Masking by 
mid-frequency active sonar (MFAS) with relatively low-duty cycles is 
not anticipated (or would be of very short duration) for most cetaceans 
as sonar signals occur over a relatively short duration and narrow 
bandwidth (overlapping with only a small portion of the hearing range). 
While dolphin whistles and MFAS are similar in frequency, masking is 
not anticipated (or would be of very short duration) due to the low-
duty cycle of most sonars.
    As described in the 2020 GOA DSEIS/OEIS, newer high-duty cycle or 
continuous active sonars have more potential to mask vocalizations. 
These sonars transmit more frequently (greater than 80 percent duty 
cycle) than traditional sonars, but at a substantially lower source 
level. HFAS, such as pingers that operate at higher repetition rates 
(e.g., 2-10 kHz with harmonics up to 19 kHz, 76 to 77 pings per minute) 
(Culik et al., 2001), also operate at lower source levels and have 
faster attenuation rates due to the higher frequencies used. These 
lower source levels limit the range of impacts, however compared to 
traditional sonar systems, individuals close to the source are likely 
to experience masking at longer time scales. The frequency range at 
which high-duty cycle systems operate overlaps the vocalization 
frequency of many mid-frequency cetaceans. Continuous noise at the same 
frequency of communicative vocalizations may cause disruptions to 
communication, social interactions, acoustically mediated cooperative 
behaviors, and important environmental cues. There is also the 
potential for the mid-frequency sonar signals to mask important 
environmental cues (e.g., predator or conspecific acoustic cues), 
possibly affecting survivorship for targeted animals. Masking due to 
high duty cycle sonars is likely analogous to masking produced by other 
continuous sources (e.g., vessel noise and low-frequency cetaceans), 
and would likely have similar short-term consequences, though longer in 
duration due to the duration of the masking noise. A study by von 
Benda-Beckmann et al. (2021) modeled the effect of pulsed and 
continuous 1-2 kHz active sonar on sperm whale echolocation clicks, and 
found that the presence of upper harmonics in the sonar signal 
increased masking of clicks produced in the search phase of foraging 
compared to buzz clicks produced during prey capture. Different levels 
of sonar caused intermittent to continuous masking (120 to 160 dB re 1 
[mu]Pa2, respectively), but varied based on click level, whale 
orientation, and prey target strength. Continuous active sonar resulted 
in a greater percentage of time that echolocation clicks were masked 
compared to pulsed active sonar. Other short-term consequences may 
include changes to vocalization amplitude and frequency (Brumm and 
Slabbekoorn, 2005; Hotchkin and Parks, 2013) and behavioral impacts 
such as avoidance of the area and interruptions to foraging or other 
essential behaviors (Gordon et al., 2003; Isojunno et al., 2021). Long-
term consequences could include changes to vocal behavior and 
vocalization structure (Foote et al., 2004; Parks et al., 2007), 
abandonment of habitat if masking occurs frequently enough to 
significantly impair communication (Brumm and Slabbekoorn, 2005), a 
potential decrease in survivorship if predator vocalizations are masked 
(Brumm and Slabbekoorn, 2005), and a potential decrease in recruitment 
if masking interferes with reproductive activities or mother-calf 
communication (Gordon et al., 2003).

Masking Due to Vessel Noise

    Masking is more likely to occur in the presence of broadband, 
relatively continuous noise sources such as vessels. Several studies 
have shown decreases in marine mammal communication space and changes 
in behavior as a result of the presence of vessel noise. For example, 
right whales were 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) as well as increasing the 
amplitude (intensity) of their calls (Parks, 2009; Parks et al., 2011). 
Fournet et al. (2018) observed that humpback whales in Alaska responded 
to increasing ambient sound levels (natural and anthropogenic) by 
increasing the source levels of their calls (non-song vocalizations). 
Clark et al. (2009) also observed that right whales communication space 
decreased by up to 84 percent in the presence of vessels (Clark et al., 
2009). Cholewiak et al. (2018) also observed loss in communication 
space in Stellwagen National Marine Sanctuary for North Atlantic right 
whales, fin whales, and humpback whales with increased ambient noise 
and shipping noise. Gabriele et al. (2018) modeled the effects of 
vessel traffic sound on communication space in Glacier Bay National 
Park in Alaska and found that typical summer vessel traffic in the 
National Park causes losses of communication space to singing whales 
(reduced by 13-28 percent), calling whales (18-51 percent), and roaring 
seals (32-61 percent), particularly during daylight hours and even in 
the absence of cruise ships. Dunlop (2019) observed that an increase in 
vessel noise reduced modelled communication space and resulted in 
significant reduction in group social interactions in Australian 
humpback whales. However, communication signal masking did not fully 
explain this change in social behavior in the model, indicating there 
may also be an additional effect of the physical presence of the vessel 
on social behavior (Dunlop, 2019). Although humpback whales off 
Australia did not change the frequency or duration of their 
vocalizations in the presence of ship noise, their source levels were 
lower than expected based on source level changes to wind noise, 
potentially indicating some signal masking (Dunlop, 2016). Multiple 
delphinid species have also been shown to increase the minimum or 
maximum frequencies of their whistles in the presence of anthropogenic 
noise and reduced communication space (for examples see: Holt et al., 
2008; Holt et al., 2011; Gervaise et al., 2012; Williams et al., 2013; 
Hermannsen et al., 2014; Papale et al., 2015; Liu et al., 2017; Pine et 
al., 2021).

Behavioral Response/Disturbance

    Behavioral responses to sound are highly variable and context-
specific. Many different variables can influence an animal's perception 
of and response to (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

[[Page 49680]]

can also be innately predisposed 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), the 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; DeRuiter et al., 
2013). 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. For example, Goldbogen 
et al. (2013) demonstrated that individual behavioral state was 
critically important in determining response of blue whales to sonar, 
noting that some individuals engaged in deep (>50 m) feeding behavior 
had greater dive responses than those in shallow feeding or non-feeding 
conditions. Some blue whales in the Goldbogen et al. (2013) study that 
were engaged in shallow feeding behavior demonstrated no clear changes 
in diving or movement even when received levels (RLs) were high (~160 
dB re: 1[micro]Pa) for exposures to 3-4 kHz sonar signals, while others 
showed a clear response at exposures at lower received levels of sonar 
and pseudorandom noise.
    Studies by DeRuiter et al. (2012) indicate that variability of 
responses to acoustic stimuli depends not only on the species receiving 
the sound and the sound source, but also on the social, behavioral, or 
environmental contexts of exposure. Another study by DeRuiter et al. 
(2013) examined behavioral responses of Cuvier's beaked whales to MF 
sonar and found that whales responded strongly at low received levels 
(RL of 89-127 dB re: 1[micro]Pa) by ceasing normal fluking and 
echolocation, swimming rapidly away, and extending both dive duration 
and subsequent non-foraging intervals when the sound source was 3.4-9.5 
km away. Importantly, this study also showed that whales exposed to a 
similar range of received levels (78-106 dB re: 1 [micro]Pa) from 
distant sonar exercises (118 km away) did not elicit such responses, 
suggesting that context may moderate reactions.
    Ellison et al. (2012) outlined an approach to assessing the effects 
of sound on marine mammals that incorporates contextual-based factors. 
The authors recommend considering not just the received level of sound, 
but also the activity the animal is engaged in at the time the sound is 
received, the nature and novelty of the sound (i.e., is this a new 
sound from the animal's perspective), and the distance between the 
sound source and the animal. They submit that this ``exposure 
context,'' as described, greatly influences the type of behavioral 
response exhibited by the animal. Forney et al. (2017) also point out 
that an apparent lack of response (e.g., no displacement or avoidance 
of a sound source) may not necessarily mean there is no cost to the 
individual or population, as some resources or habitats may be of such 
high value that animals may choose to stay, even when experiencing 
stress or hearing loss. Forney et al. (2017) recommend considering both 
the costs of remaining in an area of noise exposure such as TTS, PTS, 
or masking, which could lead to an increased risk of predation or other 
threats or a decreased capability to forage, and the costs of 
displacement, including potential increased risk of vessel strike, 
increased risks of predation or competition for resources, or decreased 
habitat suitable for foraging, resting, or socializing. This sort of 
contextual information is challenging to predict with accuracy for 
ongoing activities that occur over large spatial and temporal expanses. 
However, distance is one contextual factor for which data exist to 
quantitatively inform a take estimate, and the method for predicting 
Level B harassment in this rule does consider distance to the source. 
Other factors are often considered qualitatively in the analysis of the 
likely consequences of sound exposure, where supporting information is 
available.
    Friedlaender et al. (2016) provided the first integration of direct 
measures of prey distribution and density variables incorporated into 
across-individual analyses of behavior responses of blue whales to 
sonar, and demonstrated a five-fold increase in the ability to quantify 
variability in blue whale diving behavior. These results illustrate 
that responses evaluated without such measurements for foraging animals 
may be misleading, which again illustrates the context-dependent nature 
of the probability of response.
    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; habitat 
abandonment (temporary or permanent); and, in severe cases, panic, 
flight, stampede, or stranding, potentially resulting in death 
(Southall et al., 2007; Southall et al., 2021). A review of marine 
mammal responses to anthropogenic sound was first conducted by 
Richardson (1995). More recent reviews (Nowacek et al., 2007; DeRuiter 
et al., 2012 and 2013; Ellison et al., 2012; Gomez et al., 2016) 
address studies conducted since 1995 and focused on observations where 
the received sound level of the exposed marine mammal(s) was known or 
could be estimated. Gomez et al. (2016) conducted a review of the 
literature considering the contextual information of exposure in 
addition to received level and found that higher received levels were 
not always associated with more severe behavioral responses and vice 
versa. Southall et al. (2016) states that results demonstrate that some 
individuals of different species display clear yet varied responses, 
some of which have negative implications, while others appear to 
tolerate high levels, and that responses may not be fully predictable 
with simple acoustic exposure metrics (e.g., received sound level). 
Rather, the authors state that differences among species and 
individuals along with contextual aspects of exposure (e.g., behavioral 
state) appear to affect response probability.
    Sperm whales were exposed to pulsed active sonar (1-2 kHz) at 
moderate source levels and high source levels, as well as continuously 
active sonar at moderate levels for which the summed energy (SEL) 
equaled the summed energy of the high source level pulsed sonar 
(Isojunno et al., 2020). Foraging behavior did not change during 
exposures to moderate source level sonar, but non-foraging behavior 
increased during exposures to high source level sonar and to the 
continuous sonar, indicating that the energy of the sound (the SEL) was 
a better predictor of response than SPL. However, the time of day of 
the exposure was also an important covariate in determining the amount 
of non-foraging behavior, as were order effects (e.g. the SEL of the 
previous exposure). Isojunno et al. (2021) found that higher SELs 
reduced

[[Page 49681]]

sperm whale buzzing (i.e., foraging). Duration of continuous sonar 
activity also appears to impact sperm whale displacement and foraging 
activity (Stanistreet, 2022). During long bouts of sonar lasting up to 
13 consecutive hours, occurring repeatedly over an 8 day naval exercise 
(median and maximum SPL = 120 dB and 164 dB), sperm whales 
substantially reduced how often they produced clicks during sonar, 
indicating a decrease or cessation in foraging behavior. Few previous 
studies have shown sustained changes in sperm whales, but there was an 
absence of sperm whale clicks for 6 consecutive days of sonar activity. 
Cur[eacute] et al. (2021) also found that sperm whales exposed to 
continuous and pulsed active sonar were more likely to produce low or 
medium severity responses with higher cumulative SEL. Specifically, the 
probability of observing a low severity response increased to 0.5 at 
approximately 173 dB SEL and observing a medium severity response 
reached a probability of 0.35 at cumulative SELs between 179 and 189 
dB. These results again demonstrate that the behavioral state and 
environment of the animal mediates the likelihood of a behavioral 
response, as do the characteristics (e.g., frequency, energy level) of 
the sound source itself.
    The following subsections 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. 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, along with 
contextual factors.
Flight Response
    A flight response is a dramatic change in normal movement to a 
directed and rapid movement away from the perceived location of a sound 
source. The flight response differs from other avoidance responses in 
the intensity of the response (e.g., directed movement, rate of 
travel). Relatively little information on flight responses of marine 
mammals to anthropogenic signals exist, although observations of flight 
responses to the presence of predators have occurred (Connor and 
Heithaus, 1996). The result of a flight response could range from 
brief, temporary exertion and displacement from the area where the 
signal provokes flight to, in extreme cases, being a component of 
marine mammal strandings associated with sonar activities (Evans and 
England, 2001). If marine mammals respond to Navy vessels that are 
transmitting active sonar in the same way that they might respond to a 
predator, their probability of flight responses should increase when 
they perceive that Navy vessels are approaching them directly, because 
a direct approach may convey detection and intent to capture (Burger 
and Gochfeld, 1981, 1990; Cooper, 1997, 1998). There are limited data 
on flight response for marine mammals in water; however, there are 
examples of this response in species on land. For instance, the 
probability of flight responses in Dall's sheep Ovis dalli dalli (Frid, 
2001), hauled-out ringed seals Phoca hispida (Born et al., 1999), 
Pacific brant (Branta bernicl nigricans), and Canada geese (B. 
canadensis) increased as a helicopter or fixed-wing aircraft more 
directly approached groups of these animals (Ward et al., 1999). Bald 
eagles (Haliaeetus leucocephalus) perched on trees alongside a river 
were also more likely to flee from a paddle raft when their perches 
were closer to the river or were closer to the ground (Steidl and 
Anthony, 1996).
Response to Predator
    As discussed earlier, evidence suggests that at least some marine 
mammals have the ability to acoustically identify potential predators. 
For example, harbor seals that reside in the coastal waters off British 
Columbia are frequently targeted by certain groups of killer whales, 
but not others. The seals discriminate between the calls of threatening 
and non-threatening killer whales (Deecke et al., 2002), a capability 
that should increase survivorship while reducing the energy required 
for attending to and responding to all killer whale calls. The 
occurrence of masking or hearing impairment provides a means by which 
marine mammals may be prevented from responding to the acoustic cues 
produced by their predators. Whether or not this is a possibility 
depends on the duration of the masking/hearing impairment and the 
likelihood of encountering a predator during the time that predator 
cues are impeded.
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 (e.g., Frankel 
and Clark, 2000; Ng and Leung, 2003; Nowacek et al. 2004; Goldbogen et 
al., 2013a, 2013b). 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, an action, 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). Arranz et al. 
(2021) attempted to distinguish effects of vessel noise from vessel 
presence by conducting a noise exposure experiment which compared 
behavioral reactions of resting short-finned pilot whale mother-calf 
pairs during controlled approaches by a tour boat with two electric 
(136-140 dB) or petrol engines (139-150 dB). Approach speed (<4 knots), 
distance of passes (60 m), and vessel features other than engine noise 
remained the same between the two experimental conditions. Behavioral 
data was collected via unmanned aerial vehicle and activity budgets 
were calculated from continuous focal follows. Mother pilot whales 
rested less and calves nursed less in response to both types of boat 
engines compared to control conditions (vessel >300 m, stationary in 
neutral). However, they found no significant impact on whale behaviors 
when the boat approached with the quieter electric engine, while 
resting

[[Page 49682]]

behavior decreased 29 percent and nursing decreased 81 percent when the 
louder petrol engine was installed in the same vessel. 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 equivocal nature of behavioral effects and consequent 
difficulty in defining and predicting them. Lastly, as noted 
previously, DeRuiter et al. (2013) noted that distance from a sound 
source may moderate marine mammal reactions in their study of Cuvier's 
beaked whales, which showed the whales swimming rapidly and silently 
away when a sonar signal was 3.4-9.5 km away while showing no such 
reaction to the same signal when the signal was 118 km away even though 
the received levels were similar.
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. As for other types of behavioral response, the frequency, 
duration, and temporal pattern of signal presentation, as well as 
differences in species sensitivity, are likely contributing factors to 
differences in response in any given circumstance (e.g., Croll et al., 
2001; Harris et al., 2017; Madsen et al., 2006a; Nowacek et al.; 2004; 
Yazvenko et al., 2007). A determination of whether foraging disruptions 
incur fitness consequences would require information on or estimates of 
the energetic requirements of the affected individuals and the 
relationship between prey availability, foraging effort and success, 
and the life history stage of the animal.
    Southall et al. (2019a) found that prey availability was higher in 
the western area of the Southern California Offshore Range where 
Cuvier's beaked whales preferentially occurred, while prey resources 
were lower in the eastern area and moderate in the area just north of 
the Range. This high prey availability may indicate that fewer foraging 
dives are needed to meet metabolic energy requirements than would be 
needed in another area with fewer resources. Benoit-Bird et al. (2020) 
demonstrated that differences in squid distribution could be a 
substantial factor for beaked whales' habitat preference. The 
researchers suggest that this be considered when comparing beaked whale 
habitat use both on and off Navy ranges.
    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). Visual tracking, passive acoustic monitoring, and movement 
recording tags were used to quantify sperm whale behavior prior to, 
during, and following exposure to air gun arrays at received levels in 
the range of 140-160 dB at distances of 7-13 km, following a phase-in 
of sound intensity and full array exposures at 1-13 km (Madsen et al., 
2006a; Miller et al., 2009). Sperm whales did not exhibit horizontal 
avoidance behavior at the surface. However, foraging behavior may have 
been affected. The sperm whales exhibited 19 percent less vocal (buzz) 
rate during full exposure relative to post exposure, and the whale that 
was approached most closely had an extended resting period and did not 
resume foraging until the air guns had ceased firing. The remaining 
whales continued to execute foraging dives throughout exposure; 
however, swimming movements during foraging dives were six percent 
lower during exposure than control periods (Miller et al., 2009). These 
data raise concerns that air gun surveys may impact foraging behavior 
in sperm whales, although more data are required to understand whether 
the differences were due to exposure or natural variation in sperm 
whale behavior (Miller et al., 2009).
    Balaenopterid whales exposed to moderate low-frequency signals 
similar to the ATOC sound source 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 SPLs were 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. Blue whales exposed to mid-frequency 
sonar in the Southern California Bight were less likely to produce low 
frequency calls usually associated with feeding behavior (Melc[oacute]n 
et al., 2012). However, Melc[oacute]n et al. (2012) were unable to 
determine if suppression of low frequency calls reflected a change in 
their feeding performance or abandonment of foraging behavior and 
indicated that implications of the documented responses are unknown. 
Further, it is not known whether the lower rates of calling actually 
indicated a reduction in feeding behavior or social contact since the 
study used data from remotely deployed, passive acoustic monitoring 
buoys. In contrast, blue whales increased their likelihood of calling 
when ship noise was present, and decreased their likelihood of calling 
in the presence of explosive noise, although this result was not 
statistically significant (Melc[oacute]n et al., 2012). Additionally, 
the likelihood of an animal calling decreased with the increased 
received level of mid-frequency sonar, beginning at a SPL of 
approximately 110-120 dB re: 1 [micro]Pa (Melc[oacute]n et al., 2012). 
Results from behavioral response studies in Southern California waters 
indicated that, in some cases and at low received levels, tagged blue 
whales responded to mid-frequency sonar but that those responses were 
generally brief, of low to moderate severity, and highly dependent on 
exposure context (Southall et al., 2011; Southall et al., 2012b; 
Southall et al., 2019b). 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 will help better inform a determination of whether 
foraging disruptions incur fitness consequences. Surface feeding blue 
whales did not show a change in behavior in response to mid-frequency 
simulated and real sonar sources with received levels between 90 and 
179 dB re: 1 [micro]Pa, but deep feeding and non-feeding whales showed 
temporary reactions including cessation of feeding, reduced initiation 
of deep foraging dives, generalized avoidance responses, and changes to 
dive behavior. The behavioral responses the researchers observed were 
generally brief, of low to moderate severity, and highly dependent on 
exposure context (behavioral state, source-to-whale horizontal range, 
and prey availability) (DeRuiter et al., 2017; Goldbogen et al., 2013b; 
Sivle et al., 2015). Goldbogen et al. (2013b) indicate that disruption 
of feeding and displacement could impact individual fitness and health. 
However, for this to be true, we would have to assume that an 
individual whale could not compensate for this lost feeding opportunity 
by either immediately feeding at another location, by feeding shortly 
after cessation of acoustic exposure, or by feeding at a later time. 
There is no indication this is the case, particularly since unconsumed 
prey would likely still be available in the environment in most cases 
following the cessation of acoustic exposure.

[[Page 49683]]

    Similarly, while the rates of foraging lunges decrease in humpback 
whales due to sonar exposure, there was variability in the response 
across individuals, with one animal ceasing to forage completely and 
another animal starting to forage during the exposure (Sivle et al., 
2016). In addition, almost half of the animals that exhibited avoidance 
behavior were foraging before the exposure but the others were not; the 
animals that exhibited avoidance behavior while not feeding responded 
at a slightly lower received level and greater distance than those that 
were feeding (Wensveen et al., 2017). These findings indicate that the 
behavioral state of the animal plays a role in the type and severity of 
a behavioral response. In fact, when the prey field was mapped and used 
as a covariate in similar models looking for a response in the same 
blue whales, the response in deep-feeding behavior by blue whales was 
even more apparent, reinforcing the need for contextual variables to be 
included when assessing behavioral responses (Friedlaender et al., 
2016).
Breat

[…truncated; see source link]
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