Narrative Introduction BACKGROUND 2.1 Team Organization and Staffing

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1 Narrative 1 Introduction Commander, U.S. Pacific Fleet (PACFLT) is pleased to submit this package for consideration of the Chief of Naval Operations Environmental Planning Team Award for the Mariana Islands Training and Testing (MITT) Environmental Impact Statement (EIS)/Overseas Environmental Impact Statement (OEIS). The U.S. Navy and other military services must conduct realistic training and testing activities in the strategically important Mariana Islands Range Complex (MIRC). The activities conducted in the MIRC are critical for preparing Sailors, Marines, and other service members to support the Rebalance to the Pacific. The Navy s ability to train and test in the MIRC relied on existing authorizations issued under the Marine Mammal Protection Act (MMPA) and Endangered Species Act (ESA), which were due to expire in All analyses, public engagement, and consultations needed to be complete before this expiration to ensure uninterrupted access to the MIRC. The MITT EIS Team ( Team ) initiated the National Environmental Policy Act (NEPA) process to ensure continued access to vital training and testing areas in the MIRC, including at-sea ranges, land-based training areas on Guam and the Commonwealth of the Northern Mariana Islands (CNMI), operating areas, and special use airspace. The Team was comprised of Navy and contractor personnel with a wide range of skills and expertise. Knowledge of Fleet operations; research, development, test, and evaluation of current and future systems; environmental planning, compliance, and law; marine and terrestrial biology, acoustics modeling and analysis, geographic information systems, and public affairs were all brought to bear in this effort. This vast array of expertise was required due to the diversity of the Study Area and the complexity of the environmental issues at hand. The team took great care in employing the latest scientific literature and methodologies while developing a scientifically accurate, legally defensible, yet publicly understandable EIS/OEIS. Through strong and dedicated leadership and cooperation among the diverse team, the EIS/OEIS was completed with all permits and authorizations received on time. The Team succeeded due to skilled individuals from multiple commands and contractors that worked as a cohesive team, fully dedicated to the project and the Navy mission. 2 BACKGROUND 2.1 Team Organization and Staffing Table 1 provides a list of the team members who were critical to the successful completion of the project, which was challenging due to the geographic scope and ecological diversity of the Study Area and the complex historical, political, and cultural relationships. This agile Team proved to be adept at responding to emergent issues, such as incorporating newly listed ESA species, addressing public concerns (e.g., fishing access), and reducing public and local governmental confusion over multiple ongoing major Department of Defense (DoD) NEPA efforts in the Marianas. Over this four-year project, first Mr. Neil Sheehan, then Mr. John Van Name led the Team from kickoff in March 2011 through the Record of Decision (ROD), signed in July PACFLT leadership depended heavily on the NAVFAC Project Manager, Ms. Nora Macariola-See, for the 1

2 management of schedules, budgets, and deliverables. Ms. Karen Waller led the contractor team as Project Manager for all aspects of the EIS/OEIS. Table 1: Team Organization and Staffing U.S. Pacific Fleet: John Van Name, Project Lead; Neil Sheehan, Project Lead; Cory Scott, Assistant Project Lead; Mark Matsunaga, Environmental Public Affairs Officer; CDR Rick McGuire, Environmental Counsel; LCDR Wayne (Tony) Miani, Environmental Counsel; LCDR Tracy Kirby, Environmental Counsel; CDR Joan Malik, Environmental Counsel; CDR Gilbert Serrano, Legal Counsel; Julie Rivers, Natural Resource Program Manager Biologist; Roy Sokolowski, Environmental Protection Specialist Acoustician; Ken MacDowell, Training/Range Operational Area Compatibility Support Naval Facilities Engineering Command Pacific: Nora Macariola-See, Senior Environmental Planner/Project Manager; Meredith Fagan, Natural Resources Management Specialist, Marine Resource; Sean Hanser, Natural Resources Management Specialist, Marine Resources; Frans Juola, Natural Resources Management Specialist, Terrestrial Resources; Val Curtis, Cultural Resources Management Specialist; Robert Uyeyama, Natural Resources Management Specialist; Noah (Harry) Herrick, Environmental Counsel Naval Facilities Engineering Command, Marianas/Joint Region Marianas: Ann Brooke, Natural Resources Management Specialist; Stephen Mosher, Brown Tree Snake and Biosecurity Subject Matter Expert; Mark Cruz, Environmental Protection Specialist; Catherine Norton, Public Outreach Specialist; Roy Tsutsui, Political-Military Affairs Policy Advisor; Colleen Perez, Deputy PAO; LT William Matt Knight, PAO; LT Timothy Gorman, PAO; CDR Randy Vavra, Legal Counsel; David O'Dowd, Legal Counsel; LT John Underwood, Mariana Island Range Complex Operations Naval Undersea Warfare Center Division, Newport: Peter Hulton, Modeling Department Manager; Amy Farak, Biologist and Environmental Planner Naval Sea Systems Command: Nora Gluch, Supervisory Environmental Protection Specialist, Environmental Planning Branch Head; CAPT Jillian Morrison, Legal Counsel; Tina Serbanos, Legal Counsel Naval Air Systems Command: Jennifer Paulk, Environmental Scientist; Nicholas Paraskevas, Deputy, Environmental and Energy Programs Marine Forces Pacific: Sherri Eng, Environmental Planning; Nicole Griffin, Environmental Planning; Tim Roberts, Military Operations Specialist; Ed Lynch, Contractor Support Office of Naval Research: Raymond Soukup, Program Officer ManTech International Corporation: Karen Waller, Project Manager; Marisha Apodaca, Document Publication Specialist; Dr. Elizabeth Becker, Marine Mammal Scientist; Conrad Erkelens, Senior Scientist; Jon Nichols, Military Operations Specialist; Karyn Palma, Technical Editor; Dr. Philip Thorson, Senior Research Biologist/Marine Mammal Biologist; Lawrence Wolski, Marine Scientist; Ken Woo, IT/GIS Manager; Mike Zickel, Senior Technical Manager; Ryan Hoopes, GIS Specialist Parsons Corporation: Taylor Houston, Lead Analyst and Terrestrial Resources; Elvira Gaddi, Air Quality Specialist; Susan Bupp, Cultural Resources Specialist Katz & Associates: Allison Turner, Public Affairs Specialist Additional Support: Lalanie Jamison and Dana Lujan, Range Complex Sustainment Team (Contract); Mark Petersen, Pacific Air Forces (PACAF); James Duke, PACAF 2.2 Project Description The project involved meeting environmental planning (NEPA) and associated regulatory requirements [MMPA, ESA, Essential Fish Habitat (EFH), and Coastal Zone Management Act (CZMA), primarily] necessary to ensure U.S. Forces could continue to conduct critical training and testing activities in both the terrestrial and marine environments of the Study Area. The MITT EIS/OEIS was prepared to update the 2010 Mariana Islands Range Complex EIS/OEIS while accounting for an expanded study area [984,601 square nautical miles (nm 2 )], force structure changes, and evolving future training and testing requirements. 2.3 Challenges and Unusual Circumstances Addressed by the Team To be successful, the Team had to address several challenges and unusual circumstances: a large and diverse Study Area, unique environmental resources and issues, an energized local populous and government, and complex circumstances created by numerous ongoing DoD environmental planning efforts. The Proposed Action required coordination with two U.S. jurisdictions: the CNMI and the territory of Guam, as well as local and federal agencies. The Study Area 2

3 encompasses almost a million square nautical miles and includes portions of the Marianas Trench National Monument and inland/near shore waters, which contain some of the most productive and protected marine resources in the U.S. Unique natural resources on the islands of Guam, Farallon de Medinilla, Tinian, Saipan, and Rota required extensive and challenging consultations with federal regulators. Balancing operational requirements against the potential impacts on endangered corals, birds, and other biota resulted in mitigations crafted to protect the species while allowing necessary readiness activities. Respect for cultural norms, practices, and sensitivities were imperative in the development of the approach to stakeholder outreach and public involvement. Information was limited for many resource areas due to a lack of historical study and documentation. Team members searched a wide range of sources, resulting in more than 800 reference citations for the marine mammal section alone, and more than 1,700 citations for the entire EIS/OEIS. The project supported range users in all naval warfare areas including the U.S. Marine Corps, Army, Air Force, and Coast Guard, resulting in an extensive number of operational stakeholders. The large team (distributed across nine time zones and the International Date Line) was necessary to ensure representation and consideration of all interests, making coordination a challenge. The team employed innovative measures to ensure all stakeholders could participate in key meetings without the need for extensive and expansive travel. Use of web based capabilities, phone conferences, careful scheduling and disciplined meeting ground rules were the key to success. The size of the Study Area meant that a number of marine species would be included in the analysis. Analyses considered potential impacts on 27 separate stocks of cetaceans and pinnipeds. Furthermore, an array of scientists analyzed potential impacts from a variety of stressors on fish, corals, marine vegetation, seabirds, sea turtles, and the habitats of these species across a vast marine environment. In addition, the Team addressed terrestrial resource challenges associated with adverse effects on the Mariana fruit bat and the Micronesian megapode, as well as other ESA-listed species. The Team also addressed commercial and recreational fishing concerns. Guam and the CNMI are designated as fishing communities due to the number of people who are dependent on fishing for subsistence; the importance of fishery resources to the islands; and the geographic, demographic, and cultural attributes of the communities. Public comments addressed access restrictions to prime fishing areas due to military activity. Because of these comments and public outreach, immediate measures were developed and employed by Joint Region Marianas to improve communication with the fishing community and to refine the extent of area closures, allowing the maximum access possible to important fishing areas. There was a high level of interest in this project by the Guam and CMNI people as reflected in the number of comments received on the Draft EIS/OEIS. Comments were received from 21 state and federal agencies, 3 nongovernmental organizations, and 230 private individuals. The Team worked together to review and consider each comment and craft responses, ensuring the public s concerns were acknowledged. The Team met all these challenges by utilizing the expertise of the team, resulting in the development of the EIS/OEIS and its accompanying regulatory compliance documentation within budget and on schedule. 3

4 3 ENVIRONMENTAL PLANNING SUMMARY 3.1 Environmental Plans and Agreements The Navy s key objective in this planning effort was to produce high quality and defensible environmental planning documents to obtain MMPA permits that support at-sea training and testing prior to the expiration of the existing permit in August Throughout this project, it was necessary for the Navy to complete on a tightly coordinated schedule many environmental plans and critical agreements. Central to these plans was the EIS/OEIS, initiated with the Notice of Intent on 8 Sept The Draft EIS/OEIS published on 13 Sept 2013 and became the principal reference document used to support related studies, permits, and authorizations. The Final EIS/OEIS was published on 22 May 2015; Mr. Steven R. Iselin, Principal Deputy Assistant Secretary of the Navy (Energy, Installations, and Environment), signed the ROD on 23 July The Team knew that to facilitate a successful MMPA permitting process, it would be necessary to team with NMFS as a cooperating agency in the development of the EIS/OEIS. This partnership helped the Navy develop an EIS/OEIS that would fully support NMFS rulemaking process. The Navy-NMFS collaboration resulted in a Final Rule on 3 Aug 2015 and Letter of Authorization. The Navy also consulted with NMFS and the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the ESA. Following consultation with regulatory agencies, the Navy received Incidental Take Statements from NMFS on 12 June 2015 and concurrence from USFWS on 20 Feb 2015 that the Navy s activities were not likely to jeopardize endangered species in the Study Area. Following this model of building relationships and providing high-quality documents, the Team complied with requirements of the Magnuson-Stevens Fishery Conservation and Management Act, completing consultation with NMFS on 19 Aug To ensure compliance with the CZMA, the Navy submitted Consistency Determinations to the Bureau of Statistics and Plans on 4 June 2014 and to the Division of Coastal Resources Management, CNMI Bureau of Environmental and Coastal Quality on 2 July On 29 Aug 2014, the Navy received concurrence from the Bureau of Statistics and Plans in Guam and received conditional concurrence, after protracted discussions, from CNMI Bureau of Environmental and Coastal Quality on 20 Jan The Team exercised persistence, thoroughness, and professionalism, as demonstrated by the successful completion of these significant and complex compliance processes, all on an immovable timeline. By providing federal and local regulatory agencies with a thorough analysis using the best available science, and by including NMFS on the Team, the Navy continued to foster strong relationships with principals from each agency. 3.2 Most Outstanding Program Features This project was a multi-service and multi-organizational effort that resulted in increased operational capability to ensure national and global security and to support the Rebalance to the Pacific. To accomplish this, a significant amount of coordination and teamwork between services was required. Benefits to marine and terrestrial resources resulted through the reinforcement of existing conservation measures and the development of new measures to enhance and maintain unique habitat. The use of the Navy s acoustic model and stressor-based approach provided a more thorough and effective analysis of the environmental impacts on biological resources. The acoustic model utilized a more accurate simulation of animal behavior than previous models, resulting in a more 4

5 realistic estimation of effects from acoustic energy. The Team conducted a post-model analysis that considered operational parameters of the training and testing activities, and how those activities would affect animal behavior. The result of this post-model analysis was a further refinement of the effects of sonar and explosive acoustic energy on marine mammals and sea turtles, which more fully accounts for the effectiveness of the Navy s mitigation measures into the analysis. Conservation measures for terrestrial and marine species successfully resulted in a Biological Opinion from NMFS. The issuance of a five-year incidental take authorization and Letter of Authorization determined that military readiness activities would not have an adverse impact on the five sea turtle species listed as endangered or threatened under the ESA. Based upon established conservation measures, the USFWS concurred that naval activities are not likely to have an adverse effect on sea turtle nesting and hatchlings. NMFS adopted the MITT Final EIS/OEIS to support the issuance of the MMPA incidental take permits, the 2015 Letter of Authorization, and future Letters of Authorization. The Team designed new conservation measures in collaboration with range operators and schedulers to avoid constraints on land-based training activities and impacts on natural resources. These new conservation measures would ensure USFWS s findings that military training activities would not adversely affect ESA-listed species on Guam, Rota, Tinian, and Saipan. The island of Farallon de Medinilla supports a resident population of endangered Micronesian megapode and occasional use by transient Mariana fruit bats, and is an important rookery for seabirds. The Team worked with a multi-disciplinary group of biologists, statisticians, legal counsel, and military operations specialists to clarify range use and assess potential effects on these ESA-listed species and bird species protected under the Migratory Bird Treaty Act (MBTA). Section 7 ESA consultation resulted in a no jeopardy opinion for the Mariana fruit bat and Micronesian megapode, and satisfied the Navy s obligations under the incidental take authorization for MBTA compliance. 3.3 Unique Aspects of Planning Effort One of the most outstanding aspects of this project was the ability to jointly plan and benefit multiple services, agencies, elected officials, and organizations. The Team ensured that local fishermen were included in discussions on the Proposed Action, given the potential impacts from military activities on their cultural and economic fishing practices. Some were subsistence fishermen, who have historically relied upon traditional fishing grounds. Therefore, their input was vital to future compatible use, the continuation of cultural practices, and the success of the military mission. To maintain strong relationships with external stakeholders, the Team proactively offered and briefed Guam and CNMI elected officials and groups, such as the Chamber of Commerce and the Pacific Fisheries Management Council, to clarify information, answer questions, and listen to concerns about the Proposed Action and environmental analysis. Invasive species presented a major concern of the local community and government agencies. Team members were able to coordinate with the local government, federal agencies, and community members to continue implementing standard operating procedures without the imposition of new or additional restrictions on the military. Team members successfully negotiated conservation measures for both terrestrial and marine species to avoid adverse impacts on natural resources, while at the same time accomplishing the military mission. The innovative web-based Document Commenting System (DCS) greatly enhanced the project reviews, resulting in more efficient reviews and Tiger Team meetings. DCS comments provided by the Team were organized and reviewed to identify only those comments needing clarification 5

6 or discussion, making it easier to address comments. The DCS enabled the Team to review the comments directly in the document itself rather than using a comment matrix. This process facilitated reviews that are more efficient and reduced the Tiger Team meetings to two days from the typical four or five days, therefore saving the Navy time and money. 4 ACCOMPLISHMENTS 4.1 Objectives Attainment The key objective of the NEPA process was to produce high quality and defensible environmental planning documents using the best available science to analyze the Navy s planned training and testing activities pursuant to NEPA, MMPA, ESA, and other applicable laws and regulations as described in Section 3.1 above. This objective directly supports military readiness. As stated in Title 10 Section 5062 of the U.S. Code, The Navy shall be organized, trained, and equipped primarily for prompt and sustained combat incident to operations at sea [emphasis added]. The MMPA and ESA authorizations allow the Navy to continue the training and testing necessary for forces to respond as needed. Without these authorizations, Navy training and testing within the MIRC would come to a stop. The Team applied innovative approaches and proactively managed potential roadblocks in the consultation process. For example, the Team developed a Section 7 ESA consultation strategy that involved an island-by-island approach. This approach provided a strategy to accomplish overarching goals, such as avoiding conflicts with other ongoing Section 7 ESA consultations (e.g., USMC Relocation to Guam and CNMI Joint Military Training activities on Tinian) and enabling different DoD entities to assume Biological Opinion compliance authority for land training activities as appropriate. In addition, the Section 7 effort overcame numerous challenges with biosecurity concerns from USFWS and other resource agencies, namely biosecurity planning to prevent the spread of the brown tree snake from Guam to other islands. From a stakeholder outreach and public involvement perspective, the Team set forth specific outreach and communication objectives to: 1) facilitate an open and transparent process; 2) increase public awareness and understanding of the Proposed Action and its purpose and need; 3) build trust and credibility; and 4) obtain useful and informed public comments. To meet these objectives, the Team developed a robust and strategic outreach and involvement process. Some of the successful outreach tactics included: Providing briefings during scoping and Draft EIS/OEIS phases to key Guam and CNMI government officials and organizations, such as the Pacific Fisheries Management Council; Holding nine public meetings on four islands during the EIS/OEIS development; Notifying communities about the process and developing public-friendly informational materials, including brochures, a project video, and website; and Providing messages, talking points, and communication training to Team members before engaging with the public and media. Several of the Team s innovations resulted in cost savings through reduced effort and travel time. For example, the Team entered into Section 7 ESA consultation with USFWS with the goal of obviating the need for Section 7 consultation with USFWS for Phase III MITT activities. In other words, the MITT Phase II Team effectively removed extensive Section 7 ESA reconsultation obligations with USFWS for Phase III. 4.2 Specific Benefits to the Navy, the Public, and the Environment 6

7 All U.S. military services benefit from retaining and enhancing the MIRC in its role to support the Rebalance to the Pacific. The MIRC s proximity to forward-deployed forces in the Western Pacific provides the best opportunity for these forces to train on U.S. territory. Implementation of the Proposed Action ensures continued use within the Study Area, development and improvement of existing capabilities, an increase in training from current levels, the ability to accommodate force structure changes, and the transformation the MIRC to accommodate increased use and realistic training scenarios. The public benefits from the additional security and economic impact in the area from the mere presence of the military services and training on a regular and sustained basis. The public has also benefited from the research, analyses, and documentation presented in the Final EIS/OEIS. Conservation measures and improvements to terrestrial and marine habitats benefit the public, as do the military s assistance in the interdiction and prevention of invasive species. Preservation of cultural and historical sites through conservation measures are also a benefit to the community. Additional research, analyses, and documentation found in the Final EIS/OEIS provided beneficial information on the environment within the Study Area. The establishment and maintenance of conservation measures and mitigation measures outlined in the EIS/OEIS provide positive benefits to the environment. Because the Team met all objectives on time and under budget, military readiness activities continued without interruption. The biggest winner of this Team s success is the environment. The techniques used by the Team provided a more systematic, accurate assessment of impacts within the Study Area, ensuring that the Navy fully understands and, where necessary, mitigates impacts on the terrestrial and marine environment. 4.3 Most Outstanding Accomplishments The most outstanding accomplishment of the MITT EIS/OEIS is the ability to implement critical enhancements that increase training and testing capabilities for all of the DoD services, and in particular, the undersea and air warfare areas, necessary for the military services to maintain a state of readiness commensurate with the national defense mission. This accomplishment is especially noteworthy as it also provided benefits to the local population. Team efforts ensured the safety and livelihood of local commercial and subsistence fishermen, established conservation measures for species and their habitat, and provided valuable research and documentation of the local area resources as an added benefit to the public while enhancing the training and operational capability of the military services in the Western Pacific region. 7