[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10557-10558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5287]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XN87
Taking and Importing Marine Mammals; Navy Training and Research,
Development, Testing, and Evaluation Activities Conducted within the
Northwest Training 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 activities and research, development, testing and evaluation
(RDT&E) to be conducted in the Northwest Training Range Complex (NWTRC)
for the period beginning September 2009 and ending September 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 April
10, 2009.
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
[[Page 10558]]
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 NWTRC was made available to
the public on December 26, 2008, and may be viewed at http://www.nwtrangecomplexeis.com/. During the initial 45-day public comment
period, the Navy hosted five public hearings. The comment period was
subsequently extended 30 days and another public hearing was held at an
additional location.
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
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
In September, 2008, NMFS received an application from the Navy
requesting authorization to take individuals of 32 species of marine
mammals (4 pinniped and 28 cetacean) incidental to upcoming training
and RDT&E activities to be conducted in the NWTRC (off the coasts of
Washington, Oregon, and northern California) over the course of 5
years. These training and RDT&E 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 32 species of marine mammals by
Level B Harassment.
Specified Activities
In the application submitted to NMFS, the Navy requests
authorization to take marine mammals incidental to conducting training
events and RDT&E utilizing mid- and high frequency active sonar sources
and explosive detonations. These sonar and explosive sources will be
utilized during Anti-submarine Warfare (ASW) Tracking Exercises, Mine
Avoidance Training, Extended Echo Ranging and Improved Extended Echo
Ranging (EER/IEER) events, Missile Exercises, Gunnery Exercises,
Bombing Exercises, Sinking Exercises, and Mine Warfare Training. 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 NWTRC
request and NMFS' potential development and implementation of
regulations governing the incidental taking of marine mammals by the
Navy's NWTRC activities will be considered by NMFS in developing, if
appropriate, the most effective regulations governing the issuance of
letters of authorization.
Dated: March 6, 2009.
P. Michael Payne,
Chief, Division of Permits, Conservation, and Education, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-5287 Filed 3-10-09; 8:45 am]
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