[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38991-38993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15472]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XI88
Taking of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Navy Training Operations Conducted
Within the Navy Cherry Point Range Complex
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of applications for a letter of authorization
(LOA); request for comments and information.
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SUMMARY: NMFS has received requests from the U.S. Navy (Navy) for an
authorization for the take of marine mammals incidental to training
operations conducted within the Navy Cherry Point Range Complex off the
coast of North Carolina for the period beginning May 29, 2009 and
ending May 28, 2014. Pursuant to the implementing regulations of the
Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of
the Navy's request for the development and implementation of
regulations governing the incidental taking of marine mammals and
inviting information, suggestions, and comments on the Navy's
application and request.
DATES: Comments and information must be received no later than August
7, 2008.
ADDRESSES: Comments on the applications should be addressed to P.
Michael Payne, Chief, Permits, Conservation and Education Division,
Office of Protected Resources, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address
for providing email comments is [email protected]. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size. Copies of the Navy's
application may be obtained by writing to the address specified above
(See ADDRESSES), telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 137.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (Secretary) to allow, upon request,
the incidental, but not intentional taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) if certain findings are made and regulations are issued or, if
the taking is limited to harassment, notice of a proposed authorization
is provided to the public for review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have no more than a negligible impact on the
species or stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses, and if
the permissible methods of taking and requirements pertaining to the
mitigation, monitoring and reporting of such taking are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
With respect to military readiness activities, the MMPA defines
``harassment'' as:
(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
[[Page 38992]]
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 point where such
behavioral patterns are abandoned or significantly altered [Level B
Harassment].
Summary of Request
On June 13, 2008, NMFS received an application from the Navy
requesting an LOA for the take of bottlenose and Atlantic spotted
dolphins by Level B harassment incidental to the proposed training
activities within the Navy's Cherry Point Range Complex over the course
of 5 years. These training activities are classified as military
readiness activities. The Cherry Point Range Complex geographically
encompasses offshore and near-shore operation areas (OPAREAs),
instrumented ranges, and special use airspace located along the U.S.
Atlantic coast, and is shown in Figure 1 of the Navy's LOA application.
Please refer to Table 31 of the LOA application for detailed
information of the potential exposures from explosive ordnance (per
year) for marine mammals in the proposed Cherry Point Range Complex
area.
Specified Activities
In the application submitted to NMFS, the Navy requests
authorizations for take of marine mammals incidental to conducting
training operations within the Cherry Point Range Complex. These
training activities consist of surface warfare, mine warfare,
amphibious warfare, and vessel movement. A description of each of these
training activities within each of the range complexes is provided
below:
Surface Warfare
Surface Warfare (SUW) supports defense of a geographical area
(e.g., a zone or barrier) in cooperation with surface, subsurface, and
air forces. SUW operations detect, localize, and track surface targets,
primarily ships. Detected ships are monitored visually and with radar.
Operations include identifying surface contacts, engaging with weapons,
disengaging, evasion and avoiding attack, including implementation of
radio silence and deceptive measures.
For the proposed Cherry Point Range Complex training operations,
SUW involving the use of explosive ordnance includes air-to-surface
Missile Exercises (MISSILEX). The MISSILEX would involve helicopter
crews launch missiles at at-sea surface targets with the goal of
destroying or disabling the target. MISSILEX (A-S) training in the
Cherry Point Range Complex could occur during the day or at night.
Mine Warfare/Mine Exercises
Mine Warfare (MIW) includes the strategic, operational, and
tactical use of mines and mine countermine measures (MCM). MIW training
is divided into (a) the laying of mines to degrade the enemy's
capabilities to wage land, air, and maritime warfare, and (b) the
countering of enemy-laid mines to permit friendly maneuver or use of
selected land or sea areas.
MIW consists of two unit level operations: airborne mine
countermeasures (AMCM) and mine neutralization. AMCM or Mine
Countermeasures Exercises (MCMEX) train forces to detect, identify,
classify, mark, avoid, and disable (or verify destruction of)
underwater mines (bottom or moored) using a variety of methods
including air, surface, sub-surface, and ground assets. The AMCM
systems include mine hunting sonar (AQS-24A), influence mine sweeping
systems (MK-105 and MK-104), anti-mine ordnance (Airborne Mine
Neutralization System (AMNS)), and moored mine sweep system (MK-103).
Mine Neutralization operations involve the detection,
identification, evaluation, rendering safe, and disposal of underwater
Unexploded Ordnance (UXO) that constitutes a threat to ships or
personnel. Mine hunting techniques involve divers, specialized sonar,
and unmanned underwater vehicles (UUVs) to locate and classify the
mines and then destroy them using one of two methods: mechanical
(explosive cutters) or influence (matching the acoustic, magnetic, or
pressure signature of the mine).
In addition to the current mine exercises, the Organic Airborne
Mine Countermeasures (OAMCM) training exercises would begin in the Navy
Cherry Point Operating Area as these new systems are introduced into
the fleet. The OAMCM systems include mine hunting sonar (AQS-20),
influence mine sweeping towed arrays that emulates the magnetic and
acoustic signatures of transit platforms, anti-mine ordnance systems,
and mine hunting laser that uses a light imaging detecting and ranging
(LIDAR) to detect, localize, and classify near-surface moored/floating
mines.
MIW training using Explosive Ordnance Disposal (EOD) underwater
detonations in the Navy Cherry Point Study Area occur only during
daylight hours.
Amphibious Warfare
Amphibious Warfare (AMW) involves the utilization of naval
firepower and logistics in combination with U.S. Marine Corps landing
forces to project military power ashore. AMW encompasses a broad
spectrum of operations involving maneuver from the sea to objectives
ashore, ranging from shore assaults, boat raids, ship-to-shore
maneuver, shore bombardment and other naval fire support, and air
strike and close air support training. In the Cherry Point Range
Complex, AMW training is limited to Firing Exercises (FIREX).
During an FIREX, surface ships use their main battery guns to fire
from sea at land targets in support of military forces ashore. On the
east coast, the land ranges where FIREX training can take place are
limited. Therefore, land masses are simulated during east coast FIREX
training using the Integrated Maritime Portable Acoustic Scoring and
Simulation System (IMPASS) system, a system of buoys that simulate a
land mass. FIREX training using IMPASS in the Cherry Point Range
Complex study area occurs only during daylight hours.
Vessel Movement
Vessel movements are associated with most activities under the
training operations in the Cherry Point Range Complex. Currently, the
number of Navy vessels operating in the Cherry Point study areas varies
based on training schedules and can range from 0 to about 10 vessels at
any given time. Ship sizes range from 362 ft (110 m) for a submarine to
1,092 ft (333 m) for an aircraft carrier and speeds generally range
from 10 to 14 knots. Operations involving vessel movements occur
intermittently and are variable in duration, ranging from a few hours
up to 2 weeks. These operations are widely dispersed throughout the
operation area, which is a vast area encompassing 18,617 nm\2\ (an area
approximately the size of West Virginia). The Navy logs about 950 total
vessel days within the Cherry Point study area during a typical year.
Consequently, the density of ships within the study area at any given
time is extremely low (i.e., less than 0.005 ships/nm\2\).
Proposed Monitoring and Mitigation Measures
The Navy is developing an Integrated Comprehensive Monitoring
Program (ICMP) for marine species to assess the effects of training
activities on marine species and investigate population trends in
marine species distribution and abundance in various range
[[Page 38993]]
complexes and geographic locations where Navy training occurs. The
primary tools available for monitoring include visual observations,
acoustic monitoring, photo identification and tagging, and
oceanographic and environmental data collection.
A list of proposed mitigation measures and standard operating
procedures are described in the application for the proposed training
operations. These mitigation measures include personnel training for
watchstanders and lookouts in marine mammal monitoring, operating
procedures for collision avoidance, specific measures applicable to the
mid-Atlantic during North Atlantic right whale migration, and a series
of measures for specific at-sea training events including surface-to-
surface gunnery, etc. A detailed description of the monitoring and
mitigation measures are provided in the applications.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). All
information, suggestions, and comments related to the Navy's Cherry
Point Range Complex request and NMFS' potential development and
implementation of regulations governing the incidental taking of marine
mammals by the Navy's training activities will be considered by NMFS in
developing, if appropriate, the most effective regulations governing
the issuance of letters of authorization.
Dated: July 2, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-15472 Filed 7-7-08; 8:45 am]
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