[Federal Register Volume 73, Number 75 (Thursday, April 17, 2008)]
[Notices]
[Pages 20918-20919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8283]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XH25
Taking and Importing Marine Mammals; Navy Training and Research,
Development, Testing, and Evaluation Activities Conducted Within the
Southern California Range Complex
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for letter of authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for
authorization to take marine mammals incidental to military readiness
training events and research, development, testing and evaluation
(RDT&E) to be conducted in the Southern California Range Complex
(SOCAL) for the period beginning January 2009 and ending January 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 May 19,
2008.
ADDRESSES: Comments on the application should be addressed to 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.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 166.
SUPPLEMENTARY INFORMATION:
Availability
A copy of the Navy's application may be obtained by writing to the
address specified above (See ADDRESSES), telephoning the contact listed
above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The Navy's
Draft Environmental Impact Statement (DEIS) for SOCAL was made
available to the public on April 4, 2008, and may be viewed at http://www.socalrangecomplexeis.com/. Because NMFS is participating as a
cooperating agency in the development of the Navy's DEIS for SOCAL,
NMFS staff will be present at the associated public meetings and
prepared to discuss NMFS' participation in the development of the EIS
as well as the MMPA process for the issuance of incidental take
authorizations. The dates and times of the public meetings may be
viewed at: http://www.socalrangecomplexeis.com/.
Background
In the case of military readiness activities, 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 that
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
[[Page 20919]]
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 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 March 31, 2008, NMFS received an application from the Navy
requesting authorization for the take of 24 species of marine mammals
(4 pinniped and 20 cetacean) incidental to upcoming training activities
to be conducted off the coast of southern California and farther off
the coast of northern Mexico (in SOCAL) over the course of 5 years.
These training activities are classified as military readiness
activities. The Navy states that these training activities may expose
some of the marine mammals present in the area to sound from various
mid-frequency and high-frequency active tactical sonar sources or to
pressure from underwater detonations. The Navy requests authorization
to take individuals of 24 species of marine mammals by Level B
Harassment. Further, the Navy requests authorization to take 10
individual beaked whales over the course of 5 years by serious injury
or mortality.
Specified Activities
In the application submitted to NMFS, the Navy requests
authorization to take marine mammals incidental to conducting
operations utilizing mid- and high frequency active sonar sources and
explosive detonations. These sonar and explosive sources will be
utilized during Naval Surface Fire Support Exercises, Bombing
Exercsises, Sink Exercises, Antisubmarine Warfare (ASW) Tracking
Exercises, ASW Torpedo Exercises, Major Integrated ASW Training
Exercises, and Mine Neutralization Exercises. Table 1-1 in the
application lists the activity types, the equipment and platforms
involved, and the duration and potential locations of the activities.
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 SOCAL
request and NMFS' potential development and implementation of
regulations governing the incidental taking of marine mammals by the
Navy's SOCAL activities will be considered by NMFS in developing, if
appropriate, the most effective regulations governing the issuance of
letters of authorization.
Dated: April 10, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-8283 Filed 4-16-08; 8:45 am]
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