CD Navy SOCAL Training and Testing

CCC Action Options No Action Concur Conditionally Concur Object If the Navy does not agree with the Conditions of a Conditional Concurrence, the Action is Treated as an Objection An Objection can be based either on (1) inconsistency with Chapter 3, OR (2) a lack of information If (1), CCC must identify measures (if available) that would bring the project into consistency If (2), CCC must identify why information is needed to determine Chapter 3 consistency If No Action is taken and the review period expires, Concurrence is deemed (unless the Navy extends the review period)

Threshold for jurisdiction Based on “Effects Test” NOT location of activity Standard of review Consistent “to the maximum extent practicable” with Chapter 3 Defined under the CZMA as: “…fully consistent with the enforceable policies unless full consistency is prohibited by existing law.” Conflict resolution in the event of a dispute Objection is NOT a veto. Federal agency can proceed. Further resolution can occur thru mediation and/or litigation. Both used in first CCC review (2006). If Courts determine the activity is inconsistent, a Presidential Exemption can be granted for activities in the “Paramount interest of the U.S.” Only used once, but that instance was Navy SOCAL Training (2006)

Recommended Conditions Safety Zones Enlarge safety zone to 2 km shutdown zone Biologically Significant Areas Avoidance, with a 4 km buffer (for most powerful sonar): (1) Sanctuaries and MPAs; (2) Seasonally, blue, fin and gray whale areas/migration corridors; (3) 1 km from shore to protect coastal bottlenose dolphins; (4) Future NMFS-designated Biologically Important Areas (BIAs). Low Visibility Conditions Avoidance of sonar or reduced power. Reduced Vessel Speed – To 10 knots during most normal operations, in the biologically significant areas. Effectiveness Training. Study and improve training of observers. Timer Delays/Explosives. If improved monitoring measures not fully effective, improve technology or commit to aerial surveying. Fishing Communications Improvements. Implement Navy-recommended measures to improve communications, from 2009 survey of fishing community survey.

New Information Beaked Whale Studies Tyack 2012 – Tagged beaked whales altering foraging dives at < 142 dB Moore and Barlow 2013 – Beaked whale population study poses possible link between beaked whale declines and military sonar: “naval active sonar and ecosystem change are plausible hypotheses that merit investigation” Blue Whale Study Melcon 2012 – Blue whale calls reduced 50% during SOCAL MFA sonar use

MMPA Analysis Annual Harassment Estimates Using Navy species list 477,000 Level B “takes” – Behavioral Harassments 94 Level A “takes” – injury or mortality Using CCC staff species list 1,780,000 Level B “takes” – Behavioral Harassments 330 Level A “takes” – injury or mortality Under either estimate, vast majority – dolphins, porpoises and sea lions

High Energy Seismic Survey Airgun Array (0-300 Hz) 10 Hz 100 Hz1 kHz10 kHz100 kHz High Frequency Cetaceans (i.e., Dall’s and other Porpoises): 200 Hz – 180 kHz MFA Sonar SQS-53 (1 -10 kHz) Mid Frequency Cetaceans (i.e. Beaked Whales, Bottlenose Dolphins): 150 Hz – 160 kHz Low Frequency Cetaceans (i.e. Blue, Gray, Fin, Humpback, Minke Whales): 7 Hz – 22 kHz *Cetacean frequency ranges adapted and derived from Southall et al and HSTT DEIS 2012 *MFA Sonar frequency range, source level, duration and interval adapted and derived from Richardson et al. 1995, Hildebrand 2009, Martin et al. 2012, and HSTT DEIS 2012 *HESS airgun array frequency range, source level, duration and interval adapted and derived from Hildebrand 2009, Central Coastal California Seismic Imaging Project EIR 2012 and HSTT DEIS 2012 Sound SourceApprox. Source LevelPower (Watts)Pulse IntervalEst. Use PeriodAvg. Vessel Speed HESS Airgun Array 256 dB re 1 1 m2 x seconds12-24 hrs/weeks5 knots MFA Sonar 235 dB re 1 1 m7 x seconds1-3 hrs/days10-15 knots Comparison: Mid-Frequency Active Sonar and High Energy Seismic Survey Airgun Array

Additional Differences Seismic Survey Lower frequency – sound travels further Long Streamer Lines Nearer to shore Proposed in “new” area High sensitivity of harbor porpoise Shorter Rise Time – Considered “Impulse” Sound (sonar considered “non-impulse” sound) In case of PG&E Survey – questions about: Whether the best technology was being proposed Benefits of results