[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5575-5576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2286]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XU14
Taking and Importing Marine Mammals; Navy Training Activities
Conducted in the Gulf of Alaska
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.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for
authorization to take marine mammals incidental to military readiness
training activities to be conducted in the Gulf of Alaska (GOA)
Temporary Maritime Activities Area (TMAA) for the period beginning
December 2010 and ending December 2015. 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 March
5, 2010.
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 the GOA TMAA was made
available to the public on December 11, 2009, and may be viewed at
http://www.gulfofalaskanavyeis.com/. During the initial 45-day public
comment period, the Navy hosted five public hearings.
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
[[Page 5576]]
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 March 2009, NMFS received an application from the Navy
requesting authorization to take individuals of 20 species of marine
mammals (15 cetaceans and 5 pinnipeds) incidental to upcoming training
activities to be conducted in the GOA TMAA, which is a polygon roughly
the shape of a 300 nm by 150 nm rectangle oriented northwest to
southeast in the long direction, over the course of 5 years. NMFS
subsequently requested additional information, which was provided in
the form of a revised application in November, 2009. 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 active tactical sonar
sources or to pressure from underwater detonations. The Navy requests
authorization to take individuals of 20 species of cetaceans and
pinnipeds by Level B Harassment. Further, the Navy requests
authorization to take 3 individual beaked whales (of any of the
following species: Baird's beaked whale, Cuvier's beaked whale,
Stejneger's beaked whale) annually by serious injury or mortality.
Specified Activities
In the application submitted to NMFS, the Navy requests
authorization to take marine mammals incidental to conducting training
activities 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 and Torpedo
Exercises, Extended Echo Ranging, Improved Extended Echo Ranging, and
Advanced Extended Echo Ranging (EER/IEER/AEER) events, Missile
Exercises, Gunnery Exercises, Bombing Exercises, and Sinking Exercises.
Table 1-7 in the application lists the activity types, the equipment
and platforms involved, and the duration and potential locations of the
activities.
The training activities will take place during the summer months,
in the form of one or two major exercises or focused activity periods.
These exercises or activity periods would each last up to 21 days and
consist of multiple component training activities. Unlike Navy Training
activities in other areas, the GOA TMAA is not a Range Complex and as
such, there are no other or ongoing small scale Navy Training
activities conducted outside these activity periods.
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 GOA TMAA
request and NMFS' potential development and implementation of
regulations governing the incidental taking of marine mammals by the
Navy's GOA TMAA activities will be considered by NMFS in developing, if
appropriate, the most effective regulations governing the issuance of
letters of authorization.
Dated: January 28, 2010.
P. Michael Payne,
Chief, Division of Permits, Conservation, and Education, Director,
Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-2286 Filed 2-2-10; 8:45 am]
BILLING CODE 3510-22-S