[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Notices]
[Pages 79342-79343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31920]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XN34
Taking and Importing Marine Mammals; Navy Training Activities
Conducted Within the Northwest Training Range Complex (NWTRC) and
Military Training Activities and Research, Development, Testing and
Evaluation Conducted Within the Mariana Islands Range Complex (MIRC)
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice; issuance of letters of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that two 1-year
letters of authorization (LOA) have been issued to the U.S Navy (Navy)
for the incidental take of marine mammals during: Navy activities
within the NWTRC, off the coasts of Washington, Oregon, and northern
California, for the period of October 2010 through October 2011, and;
Navy activities conducted in the Mariana Islands Range Complex (MIRC)
study area for the period of July 2010 through July 2011. These
activities are considered military readiness activities pursuant to the
Marine Mammal Protection Act (MMPA), as amended by the National Defense
Authorization Act of 2004 (NDAA).
DATES: The NWTRC LOA is effective November 12, 2010, through November
11, 2011, and the MIRC LOA is effective August 12, 2010 through August
11, 2011.
ADDRESSES: The LOAs and supporting documentation are available by
writing 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, by
telephoning one of the contacts listed here (FOR FURTHER INFORMATION
CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 166.
SUPPLEMENTARY INFORMATION:
Background
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) during periods of not more than five consecutive years each if
certain findings are made and regulations are issued or, if the taking
is limited to harassment and of no more than one year, the Secretary
shall issue a notice of proposed authorization for public review.
Authorization shall be granted if NMFS finds that the taking will
have 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 if 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.
The NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations and amended the
definition of ``harassment'' as it applies to a ``military readiness
activity'' to read as follows (Section 3(18)(B) of the MMPA):
(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 Requests
NWTRC
In September 2008, NMFS received an application from the Navy
requesting authorization for the take of individuals of 26 species of
marine mammals incidental to upcoming Navy training activities to be
conducted within the NWTRC, which extends west to 250 nautical miles
(nm) (463 kilometers [km]) beyond the coast of Northern California,
Oregon, and Washington and east to Idaho and encompasses 122,400 nm\2\
(420,163 km\2\) of surface/subsurface ocean operating areas. These
training activities are military readiness activities under the
provisions of the NDAA. These activities are classified as
[[Page 79343]]
military readiness activities. These activities may incidentally take
marine mammals present within the NWTRC Study Area by exposing them to
sound from mid-frequency or high frequency active sonar (MFAS/HFAS) or
to underwater detonations at levels that NMFS associates with the take
of marine mammals. The Navy's model, which did not factor in any
potential benefits of mitigation measures, predicted that 13 individual
marine mammals would be exposed to levels of sound or pressure that
would result in injury; thus, NMFS is authorizing the take of 13
individuals per year by Level A Harassment. However, NMFS and the Navy
have determined that injury can most likely be avoided through the
implementation of the required mitigation measures. No mortality of
marine mammals is anticipated or authorized incidental to naval
exercises in the NWTRC.
MIRC
In August 2008, NMFS received an application from the Navy
requesting authorization for the take of individuals of 26 species of
marine mammals incidental to upcoming Department of Defense (including
Navy, USMC, and USAF) training and research, development, testing, and
evaluation (RDT&E) activities to be conducted within the MIRC study
area, which encompasses a 501,873-square-nautical mile (nm\2\) area
around the islands, including Guam, Tinian, Saipan, Rota, Farallon de
Medinilla, and also includes ocean areas in both the Pacific Ocean and
the Philippine Sea. These training activities are military readiness
activities under the provisions of the NDAA. These military activities
may incidentally take marine mammals present within the MIRC study area
by exposing them to sound from mid-frequency or high frequency active
sonar (MFAS/HFAS) or underwater detonations. After submitting
supplemental applications, the Navy requested authorization to take
individuals of 26 species of marine mammals by Level B Harassment, 2
individuals of 2 species by Level A Harassment annually, and 10
individual beaked whales by mortality over the course of the 5-year
regulations. The Navy's model, which did not factor in any potential
benefits of mitigation measures, predicted that 2 individual marine
mammals would be exposed to levels of sound or pressure that would
result in injury; thus, NMFS is authorizing the take, by Level A
Harassment of 2 individuals per year. However, NMFS and the Navy have
determined that injury can most likely be avoided through the
implementation of the Navy's proposed mitigation measures. Further,
although it does not anticipate that it will occur, the Navy requested,
and NMFS is authorizing the take, by injury or mortality, of up to 10
beaked whales over the course of the 5-year regulations.
Authorizations
NWTRC
On November 10, 2010, NMFS' final rule governing the take of marine
mammals incidental the Navy's activities in the NWTRC became effective.
In accordance with the final rule, NMFS issued an LOA to the Navy on
November 12, 2010, authorizing harassment of individuals or 26 species
of marine mammals incidental to U.S. Navy training activities in the
NWTRC. Issuance of this LOA is based on findings, described in the
preamble to the final rule (75 FR 69296, November 10, 2010), that the
taking resulting from the activities described in this LOA will have a
negligible impact on marine mammal stocks and will not have an
unmitigable adverse impact on the availability of the affected marine
mammal stock for subsistence uses. The LOA describes the permissible
methods of taking and includes requirements pertaining to the
mitigation, monitoring and reporting of such taking.
MIRC
On August 3, 2010, NMFS' final rule governing the take of marine
mammals incidental the Navy's activities in the MIRC became effective.
In accordance with the final rule, NMFS issued an LOA to the Navy on
August 12, 2010, authorizing harassment of individuals of 26 species of
marine mammals and mortality of 10 individual beaked whales incidental
to U.S. military training and RDT&E activities in the MIRC Study Area
(as noted above, mortality of beaked whales may not exceed 10
individuals in the five years covered by the regulations). Issuance of
this LOA is based on findings, described in the preamble to the final
rule (75 FR 45527, August 3, 2010), that the taking resulting from the
activities described in this LOA will have a negligible impact on
marine mammal stocks and will not have an unmitigable adverse impact on
the availability of the affected marine mammal stock for subsistence
uses. The LOA describes the permissible methods of taking and includes
requirements pertaining to the mitigation, monitoring and reporting of
such taking.
Dated: December 13, 2010.
Jolie Harrison,
Acting Chief, Permits, Conservation, and Recreation, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-31920 Filed 12-17-10; 8:45 am]
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