[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Page 41867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19873]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XQ19
Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to Navy Operations of Surveillance Towed Array Sensor System
Low Frequency Active Sonar
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of two Letters of Authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA),
as amended, and implementing regulations, notification is hereby given
that NMFS has issued two one-year Letters of Authorization (LOAs) to
take marine mammals by harassment incidental to the U.S. Navy's
operation of Surveillance Towed Array Sensor System Low Frequency
Active (SURTASS LFA) sonar operations to the Chief of Naval Operations,
Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350 and
persons operating under his authority.
DATES: Effective from August 16, 2009, through August 15, 2010.
ADDRESSES: Copies of the Navy's April 1, 2009, LOA application letter,
the LOAs, the Navy's 2008 annual report and the Navy's 2007 5-Year
Comprehensive Report are available by writing 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, by telephoning the contact
listed here (see FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents
cited in this notice may be viewed, by appointment, during regular
business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected
Resources, NMFS (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce to allow, upon request, the incidental, but
not intentional taking of marine mammals by U.S. citizens who engage in
a military readiness activity if certain findings are made and
regulations are issued.
Authorization may be granted for periods of 5 years or less if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for certain subsistence uses.
In addition, NMFS must prescribe regulations that include permissible
methods of taking and other means effecting the least practicable
adverse impact on the species and its habitat, and on the availability
of the species for subsistence uses, paying particular attention to
rookeries, mating grounds, and areas of similar significance. The
regulations also must include requirements pertaining to the monitoring
and reporting of such taking.
Regulations governing the taking of marine mammals incidental to
the U.S. Navy's operation of SURTASS LFA sonar were published on August
21, 2007 (72 FR 46846), and remain in effect through August 15, 2012.
They are codified at 50 CFR part 216 subpart Q. These regulations
include mitigation, monitoring, and reporting requirements for the
incidental taking of marine mammals by the SURTASS LFA sonar system.
For detailed information on this action, please refer to the August 21,
2007 Federal Register Notice and 50 CFR part 216 subpart Q.
Summary of LOA Request
NMFS received an application from the U.S. Navy for two LOAs, one
covering the USNS ABLE (T-AGOS 20) and one covering the USNS IMPECCABLE
(T-AGOS 23), under the regulations issued on August 21, 2007 (72 FR
46846). (The R/V Cory Chouest has been retired and has been replaced by
the USNS ABLE.) The Navy requested that these LOAs become effective on
August 16, 2009. The application requested authorization, for a period
not to exceed one year, to take, by harassment, marine mammals
incidental to employment of the SURTASS LFA sonar system for training,
testing and routine military operations on the aforementioned ships in
areas of the North Pacific Ocean.
Monitoring and Reporting
In compliance with NMFS' 2007 SURTASS LFA sonar regulations, the
Navy submitted an annual report for SURTASS LFA sonar operations during
2007-2008. The Navy also submitted a comprehensive report on SURTASS
LFA sonar operations and the mitigation and monitoring activities
conducted under the LOAs issued under its previous rule for the 2002
through 2007 period. A copy of these reports can be viewed and/or
downloaded at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
In accordance with the current SURTASS LFA sonar regulations (50
CFR 216.186), the Navy's has submitted classified quarterly mission
reports, and its annual report for the 2008-2009 LOA is due on
September 30, 2009. Upon receipt, NMFS will post this annual report on
the same Internet address.
Authorization
NMFS has issued two LOAs to the U.S. Navy, authorizing the
incidental harassment of marine mammals incidental to operating the two
SURTASS LFA sonar systems for training, testing and routine military
operations. Issuance of these two LOAs is based on findings, described
in the preamble to the final rule (August 21, 2007, 72 FR 46846)) and
supported by information contained in the Navy's required reports on
SURTASS LFA sonar, that the activities described under these two LOAs
will have no more than a negligible impact on marine mammal stocks and
will not have an unmitigable adverse impact on the availability of the
affected marine mammal stocks for subsistence uses.
These LOAs remain valid through August 15, 2010, provided the Navy
remains in conformance with the conditions of the regulations and the
LOAs, and the mitigation, monitoring, and reporting requirements
described in 50 CFR 216.184-216.186 (August 21, 2007, 72 FR 46846) and
in the LOAs are undertaken.
Dated: August 13, 2009.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E9-19873 Filed 8-18-09; 8:45 am]
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