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(a) Regulations in this subpart apply only to the U.S. Air Force for the incidental taking of marine mammals that occurs in the area outlined in paragraph (b) of this section and that occur incidental to the activities described in paragraph (c) of this section.
(b) The taking of marine mammals by the Air Force is only authorized if it occurs within the Eglin Air Force Base Gulf Test and Training Range (as depicted in Figure 1–9 of the Air Force's Request for a Letter of Authorization). The EGTTR is the airspace over the Gulf of Mexico beyond 3 nm from shore that is controlled by Eglin Air Force Base. The specified activities will take place within the boundaries of Warning Area W–151. The inshore and offshore boundaries of W–151 are roughly parallel to the shoreline contour. The shoreward boundary is 3 nm from shore, while the seaward boundary extends approximately 85 to 100 nm offshore, depending on the specific location. W–151 has a surface area of approximately 10,247 nm2 (35,145 km2), and includes water depths ranging from approximately 20 to 700 m.
(c) The taking of marine mammals by the Air Force is only authorized of it occurs incidental to the following activities within the designated amounts of use:
(1) The use of the following Precision Strike Weapons (PSWs) for PSW training activities, in the amounts indicated below:
(i) Joint Air-to–Surface Stand–Off Missile (JASSM) AGM–158 A and B—two live shots (single) and 4 inert shots (single) per year;
(ii) Small-diameter bomb (SDB) GBU–39/B—six live shots per year, with two of the shots occurring simultaneously, and 12 inert shots per year, with up to two occurring simultaneously.
(2) The use of the following ordnance for daytime Air-to–Surface (AS) Gunnery training activities, in the amounts indicated below:
(i) 105 mm HE Full Up (FU)—25 missions per year with 30 rounds per mission;
(ii) 40 mm HE—25 missions per year with 64 rounds per mission;
(iii) 25 mm HE—25 mission per year with 560 rounds per mission.
(3) The use of the following ordnance for nighttime Air-to–Surface (AS) Gunnery training activities, in the amounts indicated below:
(i) 105 mm HE Training Round (TR)—45 missions per year with 30 rounds per mission;
(ii) 40 mm HE—45 missions per year with 64 rounds per mission;
(iii) 25 mm HE—45 mission per year with 560 rounds per mission.
The widow and widower or reciprocal beneficiary of any deceased man or woman, who have been previously granted or are found subsequent to his or her death to have been entitled to a pension under this part, or to have had ten or more years of service although he or she had not reached the age of sixty years, shall be eligible for a pension equal to the same amount, including all the bonuses provided in section 88-11, and all other benefits, that the said deceased was receiving or entitled to receive at the time of his or her death, and all future benefits deriving thereto, so long as the widow, widower, or reciprocal beneficiary remains unmarried or has not entered into a new reciprocal beneficiary relationship.
Cite this article: FindLaw.com - Code of Federal Regulations Title 50. Wildlife and Fisheries § 50.217.110 Specified activity and specified geographical region - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-50-wildlife-and-fisheries/cfr-sect-50-217-110.html
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