[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3095-3097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1035]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA025
Taking and Importing Marine Mammals; U.S. Navy Training in the
Hawaii Range Complex
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of a Letter of Authorization; request for
comments on Integrated Comprehensive Management Program Plan.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notice is hereby given that NMFS
has issued a Letter of Authorization (LOA) to the U.S. Navy (Navy) to
take marine mammals incidental to training and research activities
conducted within the Hawaii Range Complex (HRC) for the period of
January 15, 2011, through January 14, 2012.
NMFS also provides notice that the Integrated Comprehensive
Management Program (ICMP) Plan, which is intended for use as a planning
tool to focus Navy monitoring priorities pursuant to the MMPA and
Endangered Species Act (ESA), has been updated for 2010. NMFS
encourages the public to review this document and provide comments,
information, and suggestions on the ICMP Plan.
DATES: This Authorization is effective from January 15, 2011, through
January 14, 2012. Comments and information on the ICMP Plan must be
received no later than February 28, 2011.
ADDRESSES: The LOA and supporting documentation may be obtained by
writing to P. Michael Payne, Office of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD 20910, or by telephoning one of
the contacts listed here. The mailbox address for providing e-mail
comments on the ICMP Plan is [email protected]. Comments sent via
email, including all attachments, must not exceed a 10-megabyte file
size.
FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of
Protected Resources, NMFS, 301-713-2289, ext. 123.
SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs NMFS to allow, upon request, the incidental
taking of marine mammals by U.S. citizens who engage in a specified
activity (other than commercial fishing), if certain findings are made
by NMFS and regulations are issued. Under the MMPA, the term ``take''
means to harass, hunt, capture, or kill or to attempt to harass, hunt,
capture, or kill marine mammals.
Regulations governing the taking of marine mammals by the Navy
incidental to training and research activities conducted within the
Hawaii Range Complex (HRC) became effective on January 5, 2009 (74 FR
1484, January 12, 2009), and remain in effect until January 5, 2014.
For detailed information on this action, please refer to that document.
These regulations include mitigation, monitoring, and reporting
requirements and establish a framework to authorize incidental take
through the issuance of LOAs.
Summary of Request
On August 1, 2010, NMFS received a request from the Navy for a
renewal of an LOA issued on January 8, 2009, for the taking of marine
mammals incidental to training and research activities conducted within
the HRC under regulations issued on January 5, 2009 (74 FR 1484,
January 12, 2009). The Navy has complied with the measures required in
50 CFR 216.174 and 216.175, as well as the associated 2010 LOA, and
submitted the reports and other documentation required in the final
rule and the 2010 LOA.
Summary of Activity Under the 2010 LOA
As described in the Navy's exercise reports (both classified and
unclassified), in 2010, the training activities conducted by the Navy
were within the scope and amounts authorized by the 2010 LOA and the
levels of take remain within the scope and amounts contemplated by the
final rule.
Planned Activities and Estimated Take for 2011
In 2011, the Navy expects to conduct the same type and amount of
training identified in the 2010 LOA. Therefore, NMFS is authorizing the
same amount of take authorized in 2010. Summary of Monitoring,
Reporting, and other Requirements under the 2010 LOA
Annual Exercise Reports
The Navy submitted their classified and unclassified 2010 exercise
reports within the required timeframes and the unclassified report is
posted on NMFS Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. NMFS has reviewed both reports and they contain the
information required by the 2010 LOA. The reports indicate the amounts
of different types of training that occurred from August 2, 2009,
through August 1, 2010. The Navy conducted two Major Training Exercises
(MTEs)--one Rim of the Pacific exercise (RIMPAC) and one Undersea
Warfare Exercise (USWEX) (the rule authorizes one RIMPAC every other
year and five USWEXs each year)--for a total of 30 days, and three
Sinking Exercises (SINKEX) (the rule authorizes an average of six per
year). No active sonar use occurred in the period from December 15,
2009, through April 15, 2010, either in the Humpback Cautionary Area or
the larger dense humpback area generally shown on the Mobley map (73 FR
35520) plus a 5-km buffer but not including the Pacific Missile Range
Facility.
The reports also list specific information gathered when marine
mammals were detected by Navy watchstanders, such as how far an animal
was from the vessel, whether sonar was in use, and whether it was
powered or shut down. This information indicates that the Navy
implemented the safety zone mitigation measures as required. No
instances of obvious behavioral disturbance were reported by the Navy
watchstanders in their 47 marine mammal sightings totaling 286 animals.
Furthermore, there were zero marine mammal sightings reported at a
range less than 1,000 yards during the MTEs, concurrent with use of
MFAS. Ranges associated with NMFS criteria levels for permanent
threshold shift (PTS) and temporary threshold shift (TTS) are much
shorter than 200 yards.
2010 Monitoring
The Navy conducted the monitoring required by the 2010 LOA and
described in the Monitoring Plan, which included aerial and vessel
surveys of sonar and explosive exercises by dedicated MMOs, as well as
ordering and purchasing acoustic recording devices to be used to gather
data in subsequent years. The Navy submitted their 2010 Monitoring
Report, which is posted on NMFS' Web site (http://www.nmfs.noaa.gov/pr/permits/incidental.htm), within the required timeframe. The Navy
included a summary of their 2010 monitoring
[[Page 3096]]
effort and results (beginning on page 7 of the monitoring report) and
the specific reports for each individual effort are presented in the
appendices. Because data is gathered through August 1 and the report is
due in October, some of the data analysis will occur in the subsequent
year's report. Navy-funded marine mammal monitoring accomplishments
within the HRC from August 1, 2009 to August 1, 2010, include the
following:
Visual Surveys
The Navy completed over 163 hours of visual surveys during three
different types of military readiness events. During this time, there
were no marine mammal sightings at ranges of 1,000 yards or less and no
strandings were observed during coastline and pelagic surveys performed
after training events. The aerial surveys proved successful in working
with marine mammal observers (MMOs) on board vessels to coordinate
sightings. This success also illustrated that marine mammal behavioral
observations can be conducted safely and effectively with minimal
interference with at-sea naval training involving multiple large
vessels and aircraft. The collection of vessel-based survey data is
anticipated to be a relatively long-term effort that will provide
baseline information regarding marine mammal populations in the Navy
exercise areas.
Passive Acoustics
Four Ecological Acoustic Recording (EAR) devices were deployed for
Passive Acoustic Monitoring (PAM) in areas of the HRC where underwater
detonations and ASW exercises may occur nearby. New EARs have been in
the water for approximately 5 months and collaboration between the Navy
and the Hawaii Institute of Marine Biology (HIMB) is underway to share
acoustic data. Results from the February 2010 Pacific Missile Range
Facility (PMRF) instrumented acoustic range training event were
analyzed, showing passive acoustic evidence of beaked and minke whale
presence both before and after the exercise. While there were
differences detected in the number of beaked whale clicks pre- and
post-exercise, a better understanding of normal variations in beaked
whale clicks and dives is still needed. Successful use of the EAR
devices suggests that these species are good candidates for PAM,
especially considering the difficulty of visual observation.
Marine Mammal Observations
MMOs monitored for over 239 hours aboard Navy vessels to commence a
Lookout effectiveness study and gather sighting and behavioral
information during ASW and/or explosive events. The study was initiated
to determine the effectiveness of the Navy Lookout team in spotting
marine mammals. Marine mammal monitoring during this study allowed for
the successful implementation of three separate goals: (1) Collect data
to determine the effectiveness of the Navy Lookouts; (2) Obtain data to
characterize the possible exposure of marine species to MFAS; and (3)
Achieve close coordination between the contracted aerial survey team,
Navy aircraft, and the MMO team to facilitate maximizing survey time
and project safety. Data collected from this study will be combined
with future monitoring efforts in order to determine the effectiveness
of Navy Lookouts as a whole, rather than specific to each vessel.
Between each shooting component of SINKEX events in July, MMOs also
participated in a Battle Damage Assessment (BDA) to look for any live,
injured, or dead marine mammals. These surveys, conducted via
helicopter, were performed at low altitude combined with slow speeds
and judged by the MMOs to provide excellent observer coverage and
sightability of the mitigation radius surrounding the vessel's hulk.
Due to the close range of the helicopter to the hulk, observational
effort for marine mammals was possible on both sides of the aircraft.
BDA began at approximately 300 ft, an altitude lower than the 800-1,000
ft typically used for aerial marine mammal surveys. Although no marine
mammals were sighted during this assessment, details such as flying sea
birds and floating surface debris were easily detectable.
Tagging
Eleven Hawaiian monk seals were tagged with ``cell phone tags'' and
tagging efforts will continue into the coming year. At the time of
submitting their monitoring report, the Navy was still receiving
reports from tracking devices deployed as early as March 1, 2010. These
devices are providing surface movements for Hawaiian monk seals, which
preliminarily show both very localized and long-distance movement, as
well as travel between Kauai and Oahu. The tags also illustrate dive
movements during foraging.
In conclusion, the Navy's implementation of the monitoring plan
accomplished several goals, primarily through contributions to larger
bodies of data intended to better characterize the abundance,
distribution, life history, and behaviors of the species in the HRC
area. The monitoring satisfied the objectives of the monitoring plan
and specifically contributed to a greater knowledge and understanding
of: the density and distribution of species within the HRC area; the
vocalizations of different species, which contributes to the
development of automated classification software and the future use of
PAM for monitoring species which are difficult to observe visually; the
movement patterns of individuals (both vertically in the water column
on a daily basis, as well as horizontally over weeks and months); and
the observable behavioral patterns of marine mammals, both with and
without exposure to Navy training activities.
Except as described below in the Adaptive Management section, NMFS
concludes that the results of these monitoring efforts, when taken
together with the findings presented in the 2010 exercise report (see
Annual Exercise Report section), do not warrant making changes to the
current monitoring and mitigation requirements identified in the LOA.
While the data collected by the Navy through monitoring and reporting
builds on 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 2009 rule in a manner that would suggest that the
mitigation or monitoring should change.
Included in the Navy's 2010 Monitoring Report were detailed
descriptions of the monitoring conducted during different exercises and
training events. Results help illustrate the effectiveness of the
Navy's current monitoring plan.
Adaptive Management
NMFS and the Navy conducted an adaptive management meeting in
October, 2010, which representatives from the Marine Mammal Commission
participated in, 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. Based on the
implementation of the 2010 monitoring, the Navy proposed some slight
modifications to their monitoring plan for 2011, 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 13 of the Navy's 2011 LOA
Application, which may be
[[Page 3097]]
viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Integrated Comprehensive Monitoring Report
The 2010 LOA required that the Navy update the ICMP Plan to reflect
development in three areas, specifically: (1) Identifying more specific
monitoring sub-goals under the major goals that have been identified;
(2) Characterizing Navy Range Complexes and study areas within the
context of the prioritization guidelines described in the ICMP Plan;
and (3) Continuing to develop data management, organization, and access
procedures. The Navy has updated the ICMP Plan as required. Because the
ICMP is an evolving Program, we have posted the ICMP on NMFS Web site:
http://www.nmfs.noaa.gov/pr/permits/incidental.htm and are specifically
requesting input, which the Navy and NMFS will consider and apply as
appropriate.
Further, the Navy convened a monitoring meeting in October, 2010 to
solicit input from NMFS and marine mammal and acoustic scientists
regarding the comprehensive development and improvement of the more
specific monitoring that should occur across the Navy's training areas.
Subsequent to those discussions, the Navy has developed a scientific
advisory group composed of individuals from the research community and
academia that will develop a proposed Strategic Plan for Navy
monitoring that better considers the biological, logistical, and
resource-specific factors that are applicable in each training area
(and which are summarized in the updated ICMP) to maximize the
effectiveness of Navy monitoring within the context of the information
that is most needed. Subsequently, NMFS and MMC representatives will
review this proposed Strategic Plan for marine species monitoring,
which may reflect monitoring differences in some Navy training areas
from what is required in the 2010 LOA.
This Navy-wide Strategic Monitoring Plan will then be available for
review and discussion at the required 2011 Navy Monitoring Meeting,
which will take place in mid-2011. The Navy and NMFS will then modify
the Navy-wide Strategic Plan for monitoring based on applicable input
from the 2011 Monitoring Meeting and propose appropriate changes to the
monitoring measures in specific LOAs for the different Range Complexes
and training areas. For training areas with substantive monitoring
modifications, NMFS will subsequently publish proposed LOAs, with the
modifications, in the Federal Register and solicit public input. After
addressing public comments and making any necessary changes, NMFS
would, as appropriate, issue new LOAs for the different training areas
that reflect the updated ICMP and associated new Strategic Plan for
Navy monitoring.
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 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 January 5,
2009 (74 FR 1484, January 12, 2009) HRC final rule, and mitigation or
monitoring measures may be modified, as appropriate.
Authorization
The Navy complied with the requirements of the 2010 LOA. Based on
our review of the record, NMFS has determined that the marine mammal
takes resulting from the 2010 military readiness training and research
activities falls within the levels previously anticipated, analyzed,
and authorized. Further, the level of taking authorized in 2011 for the
Navy's HRC training and research activities is consistent with our
previous findings made for the total taking allowed under the HRC
regulations. Finally, the record supports NMFS' conclusion that the
total number of marine mammals taken by the 2011 HRC activities 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 a one-year LOA for Navy training
exercises conducted in the HRC from January 15, 2011, through January
14, 2012.
Dated: January 13, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-1035 Filed 1-18-11; 8:45 am]
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