[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Notices]
[Pages 34428-34429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14662]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XW61
Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to Navy Training Exercises in Three East Coast Range
Complexes
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of three 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 three one-year Letters of Authorization (LOAs) to
take marine mammals by harassment incidental to the U.S. Navy's
training activities within the Navy's Virginia Capes (VACAPES),
Jacksonville (JAX), and Cherry Point Range Complexes to the Commander,
U.S. Fleet Forces Command, 1562 Mitscher Avenue, Suite 250, Norfolk, VA
23551-2487 and persons operating under his authority.
DATES: Effective from June 5, 2010, through June 4, 2011.
ADDRESSES: Copies of the Navy's January 28, 2010, LOA applications,
the LOAs, the Navy's 2009 marine mammal monitoring report and the
Navy's 2009 exercise 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, 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: Shane Guan, Office of Protected
Resources, NMFS (301) 713-2289 x 137.
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 training activities at the Navy's VACAPES, JAX, and
Cherry Point Range Complexes were published on June 15, 2009 (VACAPES:
74 FR 28328; JAX: 74 FR 28349; Cherry Point: 74 FR 28370), and remain
in effect through June 4, 2014. They are codified at 50 CFR part 218
subpart A (for VACAPES Range Complex), subpart B (for JAX Range
Complex), and subpart C (for Cherry Point Range Complex). These
regulations include mitigation, monitoring, and reporting requirements
for the incidental taking of marine mammals by the Navy's range complex
training exercises. For detailed information on these actions, please
refer to the June 15, 2009 Federal Register Notices and 50 CFR part 218
subparts A, B, and C.
Summary of LOA Request
NMFS received an application from the U.S. Navy for three LOAs
covering the Navy's training activities at the VACAPES, JAX, and Cherry
Point Range Complexes off the US East Coast under the regulations
issued on June 15, 2009 (VACAPES: 74 FR 28328; JAX: 74 FR 28349; Cherry
Point: 74 FR 28370). The Navy requested that these LOAs become
effective on June 5, 2010. The application requested authorization, for
a period not to exceed one year, to take, by harassment, marine mammals
incidental to proposed training activities that involve underwater
explosives.
Summary of Activity under the 2009 LOA
As described in the Navy's exercise reports, in 2009, the training
activities conducted by the Navy were within the scope and amounts
contemplated by the final rule and authorized by the 2009 LOAs. In
fact, the number of training
[[Page 34429]]
exercises was below the Navy's proposed 2009 operations.
Planned Activities for 2010
In 2010, the Navy expects to conduct the same type and amount of
training identified in the final rules and 2009 LOAs. No modification
is proposed by the Navy for its planned 2010 activities.
Estimated Take for 2010
The estimated takes for the Navy's proposed 2010 training exercises
are the same as those in authorized in 2009. No change has been made in
the estimated takes from the 2009 LOAs.
Summary of Monitoring, Reporting, and other requirements under the 2009
LOA
Annual Exercise Reports
The Navy submitted their 2009 exercise report within the required
timeframes and it is posted on NMFS website: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. NMFS has reviewed the report and it contains
the information required by the 2009 LOAs. The report lists the amount
of training exercises conducted between June 2009 and January 2010. For
training exercises conducted at the VACAPES Range Complex, the Navy
conducted 26 exercises out of the total of 176 proposed. For training
exercises at the JAX Range Complex, the Navy conducted 4 out of 175
exercises proposed. No training exercise was conducted at the Cherry
Point Range Complex, though a total of 38 exercises were proposed.
Monitoring and Annual Monitoring Reports
The Navy conducted the monitoring required by the 2009 LOA and
described in the Monitoring Plan, which included aerial and vessel
surveys of training exercises by marine mammal observers. The Navy
submitted their 2009 Monitoring Report, which is posted on NMFS'
website (http://www.nmfs.noaa.gov/pr/permits/incidental.htm), within
the required timeframe. The Navy included a summary of their 2009
monitoring effort and results (beginning on page 3 of the monitoring
report).
Integrated Comprehensive Management Program (ICMP) Plan
The ICMP will be used both as: (1) a planning tool to focus Navy
monitoring priorities (pursuant to ESA/MMPA requirements) across Navy
Range Complexes and Exercises; and (2) an adaptive management tool,
through the consolidation and analysis of the Navy's monitoring and
watchstander data, as well as new information from other Navy programs
(e.g., research and development), and other appropriate newly published
information. The Navy finalized a 2009 ICMP Plan outlining the program
on December 22, 2009, as required by the 2009 LOA. The ICMP may be
viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
The ICMP is a program that will be in place for years and NMFS and
Navy anticipate the ICMP may need to be updated yearly in order to keep
pace with new advances in science and technology and the collection of
new data.. In the 2009 ICMP Plan, the Navy outlines three areas of
targeted development for 2010, including:
Identifying more specific monitoring sub-goals under the
major goals that have been identified
Characterizing Navy Range Complexes and Study Areas within
the context of the prioritization guidelines described here
Continuing to Develop Data Management, Organization and
Access Procedures
Adaptive Management and 2010 Monitoring Plan
NMFS and the Navy conducted an adaptive management meeting in
October 2009 wherein we reviewed the Navy monitoring results through
August 1, 2009, discussed other Navy research and development efforts,
and discussed other new information that could potentially inform
decisions regarding Navy mitigation and monitoring. Because this is the
first year of the regulation's period of effectiveness, the review only
covered about 7 months of monitoring, which limited NMFS and the Navy's
ability to undertake a robust review of the Navy's exercises and their
effects on marine mammals. Based on the implementation of the 2009
monitoring, the Navy proposed some minor modifications to their
monitoring plan for 2010 for VACAPES and JAX Range Complex training
exercises, which NMFS agreed were appropriate. Beyond those changes,
none of the information discussed led NMFS to recommend any
modifications to the existing mitigation or monitoring measures. The
final modifications to the monitoring plan and justifications are
described in Section 7(b)(i)(A) of the 2010 LOAs for VACAPES and JAX
Range Complexes, which may be viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. As additional data is obtained in subsequent
years, NMFS and Navy will be better positioned to conduct more
extensive reviews and modify existing mitigation and monitoring
measures, if appropriate.
Authorization
The Navy complied with the requirements of the 2009 LOAs. Based on
our review of the record, NMFS has determined that the marine mammal
take resulting from the 2009 military readiness training and research
activities falls within the levels previously anticipated, analyzed,
and authorized, and was likely lower given the fact that Navy conducted
fewer operations in 2009 than originally planned. Further, the level of
taking authorized in 2010 for the Navy's training exercises at VACAPES,
JAX, and Cherry Point Range Complexes is consistent with our previous
findings made for the total taking allowed under these Range Complexes
regulations. Finally, the record supports NMFS' conclusion that the
total number of marine mammals taken by the 2010 training exercises at
VACAPES, JAX, and Cherry Point Range Complexes will have no more than a
negligible impact on the affected species or stock of marine mammals
and will not have an unmitigable adverse impact on the availability of
these species or stocks for taking for subsistence uses. Accordingly,
NMFS has issued three one-year LOAs for Navy training exercises
conducted at these East Coast Range Complexes from June 5, 2010,
through Juan 4, 2011.
Dated: June 3, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-14662 Filed 6-16-10; 8:45 am]
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