[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3092-3095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1030]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA100
Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to Navy's Mission Activities at the Naval Surface Warfare
Center Panama City Division
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of a Letter 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 a one-year Letter of Authorization (LOA) to take
marine mammals by harassment incidental to the U.S. Navy's Research,
Development, Test and Evaluation (RDT&E) mission activities at the
Naval Surface Warfare Center Panama City Division (NSWC PCD) to the
Commander, U.S. Naval Surface Warfare Center Panama City Division, 110
Vernon Avenue, Panama City, FL 32407-7001 and persons operating under
his authority.
DATES: Effective from January 21, 2011, through January 20, 2012.
ADDRESSES: Copies of the Navy's September 2, 2010, LOA application, the
LOA, the Navy's 2010 marine species monitoring report and the Navy's
2010 annual mission activities 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 x137.
[[Page 3093]]
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 subsistence uses. In
addition, NMFS must prescribe regulations that include permissible
methods of taking and other means of 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 RDT&E activities at the NSWC PCD were published on
January 21, 2010 (75 FR 3395), and remain in effect through January 21,
2015. They are codified at 50 CFR part 218 subpart S. These regulations
include mitigation, monitoring, and reporting requirements for the
incidental taking of marine mammals by the Navy's RDT&E activities. For
detailed information on these actions, please refer to the January 21,
2010 Federal Register notice and 50 CFR part 218 subpart S.
Summary of LOA Request
NMFS received an application from the U.S. Navy for an LOA covering
the Navy's RDT&E activities at NSWC PCD off the U.S. Gulf of Mexico
under the regulations issued on January 21, 2010 (75 FR 3395). The
application requested authorization, for a period not to exceed one
year, to take, by harassment, marine mammals incidental to proposed
RDT&E activities that involve underwater explosive detonation,
projectile firing, and sonar testing.
Summary of Activity Under the 2010 LOA
As described in the Navy's exercise report, which covered the
period between January and August 2010, the RDT&E activities conducted
by the Navy were within the scope and amounts contemplated by the final
rule. None of the testing events exceeded the average annual allotment
except for the AN/AQS-20 in non-territorial waters, which exceeded the
annual allotment by 9.3%, but was still within the five-year total
allotment for this type of event. No test activities involving
underwater explosive detonations and projectile firing were conducted
between January and August 2010.
As shown in Tables 1 and 2, most of the mid-frequency active sonar
(MFAS) and high-frequency active sonar (HFAS) testing events were far
below the levels authorized in the annual LOA.
Table 1--Total Annual Number of Each Type of MFAS and HFAS Listed at 50
CFR 218.180 Conducted in the NSWC PCD Study Area in Territorial Waters
(Number Authorized vs. Conducted).
------------------------------------------------------------------------
Number Number
Sonar system authorized conducted
(hrs) (hrs)
------------------------------------------------------------------------
AN/SQS-53/56 Kingfisher......................... 3 0
Sub-bottom profiler (2-9 kHz)................... 21 0
REMUS SAS-LF.................................... 12 12
REMUS Modem..................................... 25 25
Sub-bottom profiler (2-16 kHz).................. 24 24
AN/SQQ-32....................................... 30 0
REMUS-SAS-LF.................................... 20 20
SAS-LF.......................................... 35 35
AN/WLD-1RMS-ACL................................. 33.5 26.3
BPAUV Sidescan.................................. 25 0
TVSS............................................ 15 0
F84Y............................................ 15 0
BPAUV Sidescan.................................. 25 0
REMUS-SAS-HF.................................... 10 0
SAS-HF.......................................... 11.5 0
AN/AQS-20 *..................................... 545 27.3
AN/WLD-11 RMS Navigation........................ 15 0
BPAUV Sidescan.................................. 30 0
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* In the 2010 LOA, this system was incorrectly listed as the AN/SQS-20.
Table 2--Total Annual Number of Each Type of MFAS and HFAS Listed at 50
CFR 218.180 Conducted in the NSWC PCD Study Area in Non-Territorial
Waters (Number Authorized vs. Conducted).
------------------------------------------------------------------------
Number Number
Sonar system authorized conducted
(hrs) (hrs)
------------------------------------------------------------------------
AN/SQS-53/56 Kingfisher......................... 1 0
Sub-bottom profiler (2-9 kHz)................... 1 0
REMUS Modem..................................... 12 1.3
Sub-bottom profiler (2-16 kHz).................. 1 0
AN/SQQ-32....................................... 1 0
SAS-LF.......................................... 1 0
AN/WLD-1RMS-ACL................................. 5 0
BPAUV Sidescan.................................. 38 0
TVSS............................................ 16.5 0
F84Y............................................ 15 0
REMUS-SAS-HF.................................... 25 0
SAS-HF.......................................... 15 0
AN/AQS-20 *..................................... 15 16.4
BPAUV Sidescan.................................. 25 0
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* In the 2010 LOA, this system was incorrectly listed as the AN/SQS-20.
Planned Activities for 2010
In 2010, the Navy expects to conduct the same type and amount of
RDT&E activities identified in the final rules and 2010 LOA. 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 RDT&E activities
are the same as those in authorized in 2010. No change has been made in
the estimated takes from the 2010 LOA.
Summary of Monitoring, Reporting, and Other Requirements Under the 2009
LOA
Annual Mission Activities Report
The Navy submitted their 2010 annual mission activities report
covering the period from January through August 2010 within the
required timeframes and it is posted on NMFS Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS has
reviewed the report and it contains the information required by the
2010 LOA. The report lists the amount of hours sonar testing was
conducted between January and August 2010. During this time period,
NSWC PCD conducted 187.3 hours of sonar testing, 169.6 hours in
territorial waters (Table 1) and 17.7 hours in non-territorial waters
(Table 2). No RDT&E activities associated with underwater detonations
were conducted during this period.
[[Page 3094]]
Monitoring and Annual Monitoring Reports
In the 2010 LOA to the Navy, it states that the Navy ``shall
visually survey a minimum of 2 HFAS/MFAS activities and 2 explosive
events per year'' as monitoring activities for the Navy's NSWC PCD
RDT&E activities. NMFS realized late that this was an error as this was
inconsistent with what was agreed upon between NMFS and the Navy. The
Navy stated, and NMFS agreed, that since the rule and the associated
LOA was expected to be issued in late January 2010 (it was actually
issued on January 21, 2010), it would not be feasible to conduct a
monitoring activity within the remaining eight months of FY 2010
(between February and September 2010). Therefore, NMFS agreed with the
Navy that no monitoring would be required for FY 2010. Nevertheless,
the Navy will be required to monitor a minimum of 2 HFAS/MFAS
activities and 2 explosive events per year for the remaining four years
of the rule, given that an adequate number of RDT&E activities will be
conducted during the period.
The Navy submitted a marine species monitoring report within the
required timeframes and it is posted on NMFS Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The
monitoring report covers the period between January and August 2010.
From January to August 2010, there have been no monitoring
opportunities available for explosive or projectile firing events in
the NSWC PCD study area as none of these activities were conducted. No
monitoring was conducted for sonar activities during this period as the
Navy was working on awarding a monitoring contract and developing
standard operating procedures. The Navy states that the NSWC PCD
Environmental Office and Test and Evaluation Branch has since
identified the appropriate contracting vehicle and worked with the
consulting firm to develop annual budgetary, scheduling, and monitoring
support requirements.
The Navy will conduct two monitoring activities for sonar
activities and two for explosive events in FY2011.
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
marine observer data, as well as new information from other Navy
programs (e.g., research and development), and other appropriate newly
published information. The Navy updated its 2010 ICMP Plan and will
comply with the Plan. The ICMP may be viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
NOAA Workshops
In a January 19, 2010, letter to the Council on Environmental
Quality, NOAA identified the need for two interrelated workshops on
marine mammals and sound in the ocean. To address this commitment, NOAA
is convening two parallel, focused, relatively small, and product-
driven working groups. One will identify and map cetacean ``hot
spots'', defined as areas of known, or reasonably predictable,
biological importance (i.e., for reproduction, feeding, migration) and/
or high densities. The second working group will be directed toward
developing a comprehensive data collection and analysis plan for
describing and predicting underwater sound fields in different areas.
The outcomes of these working groups will be integrated and analyzed in
a broader follow-on symposium to include a larger audience of
scientists, industries, federal agencies, conservation managers, and
environmental NGOs. The final products and analyses will provide a more
robust, comprehensive, and context-specific biological and acoustic
basis by which to inform subsequent management decisions regarding
human noise in our oceans. The steering committee has been convened and
met for the first time in October 2010. The working group efforts
should take about a year to complete, and we expect the final symposium
to be held in early 2012. The results of these working groups will be
analyzed by NMFS in an adaptive management context, as related to the
Panama City final rule, and mitigation or monitoring measures may be
modified, as appropriate.
Adaptive Management and 2010 Monitoring Plan
NMFS and the Navy conducted an adaptive management meeting in
October 2010 wherein we reviewed the Navy monitoring results through
August 1, 2010, discussed other Navy research and development efforts,
and discussed other new information that could potentially inform
decisions regarding Navy mitigation and monitoring. Since there was no
monitoring conducted at PCD during the first seven months of 2010 (from
January 21 to August 1, 2010) as discussed above, no modifications were
made concerning the monitoring plan for the NSWC PCD RDT&E activities.
Additionally, the monitoring conducted under the Atlantic Fleet
Active Sonar Training (AFAST) regulations (which also cover the Gulf of
Mexico), as well as under the Hawaii Range Complex and Southern
California (SOCAL) Range Complex regulations, was also considered at
the October adaptive management meeting. The Navy's implementation of
the monitoring plans under these other regulations successfully
contributed to the following larger bodies of data: (1) A greater
knowledge and understanding of the density and distribution of species
within the AFAST study area; (2) the vocalizations of different
species, which advances the development of automated classification
software; (3) the movement patterns of individual (both vertically in
the water column as well as horizontally for the duration of a DTAG
deployment); and (4) observable behavioral patterns of marine mammals,
before, during, and after exposure to Navy training activities.
However, while the data collected by the Navy through monitoring and
reporting builds upon the existing body of information in a valuable
way, none of the new data contradict, or amend, the assumptions that
underlie the findings in the 2010 PCD rule in a manner that would
suggest changing the current mitigation or monitoring.
Authorization
The Navy complied with the requirements of the 2010 LOA. Based on
our review of the Navy's annual mission activities report, which shows
that the amount of sonar testing hours was far below the annual
authorized levels and that no underwater detonation and projectile
firing were conducted during FY 2010, NMFS has determined that the
effects to marine mammals that resulted from the 2010 NWSC PCD RDT&E
activities were likely lower than analyzed. Although no monitoring
activities were conducted during the Navy's first seven months' of
activity for FY 2010, the low level of activity supports a conclusion
that the total number of marine mammals taken by the RDT&E activities
at the NSWC PCD will have no more than a negligible impact on the
affected species or stock of marine mammals. (There is no subsistence
use of marine mammals that could potentially be impacted by the Navy's
activities at NSWC PCD.) Accordingly, NMFS has issued a one-year LOA
for Navy RDT&E activities at the NSWC PCD from January 21, 2011,
through January 20, 2012.
[[Page 3095]]
Dated: January 13, 2011.
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-1030 Filed 1-18-11; 8:45 am]
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