[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4637-4640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1642]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA040
Taking and Importing Marine Mammals; U.S. Navy's Atlantic Fleet
Active Sonar Training
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.
-----------------------------------------------------------------------
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 Navy training, maintenance, and
research, development, testing, and evaluation (RDT&E) activities to be
conducted within the Atlantic Fleet Active Sonar Training (AFAST) Study
Area for the period of January 22, 2011, through January 21, 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 22, 2011, through
January 21, 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 e-
mail, including all attachments, must not exceed a 10-megabyte file
size.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison or Brian D. Hopper,
Office of Protected Resources, NMFS, (301) 713-2289.
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 AFAST training, maintenance, and RDT&E became effective
on January 22, 2009 (74 FR 4844, January 27, 2009), and remain in
effect through January 22, 2014. The AFAST study area extends east from
the Atlantic Coast of the U.S. to 45[deg] W. long. and south from the
Atlantic and Gulf of Mexico Coasts to approximately 23[deg] N. lat.,
but not encompassing the Bahamas (see Figure 1-1 in the Navy's
Application). For detailed information on this action, please refer to
the January 2009 final rule. 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 31, 2010, NMFS received a request from the Navy for a
renewal of an LOA issued on January 22, 2010, for the taking of marine
mammals incidental to training and research activities conducted within
the AFAST Study Area under regulations issued on January 22, 2009 (74
FR 4844, January 27, 2009). The Navy has complied with the measures
required in 50 CFR 216.244 and 216.245, 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. The Navy conducted eight major anti-submarine warfare
strike group training exercises in 2010, including one Integrated Anti-
Submarine Warfare Course (IAC II), one Joint Task Force Exercise
(JTFEX), three Composite Training Unit Exercises (COMPTUEX), and three
Southeastern Anti-Submarine Warfare Integrated Training Initiative
exercises (SEASWITI).
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, for 2011, NMFS
authorizes the same amount of take that was 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. As mentioned above, the Navy conducted 8 major
anti-submarine warfare training exercises addressed in the rule (the
rule analyzed the likely impacts from 39 coordinated unit level
training exercises and 7 strike group training exercises).
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 64 marine mammal sightings totaling 329 animals.
Furthermore, safety zones were adhered to, and vessels and aircraft
applied mitigation
[[Page 4638]]
measures when marine mammals were observed within the requisite zones.
To summarize, there were a total of 5 sightings of 20 marine mammals
for all AFAST Major Training Exercises for reporting (MTERs) at ranges
less than 1,000 yards (914 m) during which mid-frequency active sonar
(MFAS) was in use. Of these 5 total MTER MFAS sightings, there were 3
sightings of 11 dolphins, 2 sightings of 9 whales, and 0 sightings of
pinnipeds. There were a total of 7 mitigation events triggered by these
sightings, which resulted in two sonar power downs (range to animal <
1,000 yards (914 m)) and two shut down (range to animal < 200 yards
(183 m)). During one of these mitigation events, sonar was
unnecessarily shut down when the observed range of a whale was in
excess of 1,000 yards (914 m). During two mitigation events when sonar
power was lowered (power down by -10 dB), the ship did not report a
range to the marine mammal sighted.
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 exercises by dedicated MMOs, as well as passive
acoustic monitoring utilizing high frequency acoustic recording
packages (HARPs) and pop-up buoys, and marine mammal tagging, tracking,
and biopsy sampling. 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 effort and results (beginning on page
9 of the monitoring report) and the specific reports for each
individual effort are presented in the appendices. Navy-funded marine
mammal monitoring accomplishments within the AFAST study area occurred
from August 2, 2009 to August 1, 2010.
Visual Surveys
The majority of monitoring effort for the reporting period was
conducted in two locations, Onslow Bay and the Jacksonville (JAX)
Operating Area (OPAREA). These locations serve as the primary study
areas for longitudinal baseline monitoring efforts and are also the
primary locations for coordinated Anti-Submarine Warfare (ASW) exercise
monitoring events. These monitoring efforts and their findings, if
available, will be discussed in greater detail below.
The baseline monitoring program consists of year-round multi-
disciplinary monitoring through the use of shipboard and aerial visual
surveys (24 days each annually), photo identification studies, biopsy
sampling, and passive acoustic monitoring. Surveys are conducted year-
round using established track lines and standard distance sampling
techniques. During the reporting period, aerial surveys were planned
monthly in both Onslow Bay and JAX; however, in JAX no surveys were
flown during April and May due to adverse weather conditions. In Onslow
Bay, aerial surveys were conducted on 23 days during this period, and
aerial observers reported sightings of seven identifiable species of
marine mammals. In JAX, aerial surveys were conducted on 37 days during
the reporting period, and aerial observers reported sightings of nine
identifiable species of marine mammals. On March 20, 2010, an aerial
survey to the west of the JAX OPAREA (and outside of designated
critical habitat) observed a female right whale giving birth, which is
notable because it was only the second North Atlantic right whale birth
observed.
Vessel surveys were conducted in both Onslow Bay and JAX during the
reporting periods. Vessel-based observers in Onslow Bay reported
sightings of five identifiable species of marine mammals. Over 1,300
digital images were taken for species identification and individual
recognition. Analysis of these photographic images resulted in re-
sightings of five bottlenose dolphins and one spotted dolphin, which
may suggest some degree of residency in the study area. Vessel surveys
in JAX reported sightings of four identifiable species of marine
mammals. Approximately 3,300 digital images were taken for the purposes
of species identification and individual recognition.
Tagging, Tracking, and Biopsy Sampling
In conjunction with the vessel surveys in Onslow Bay, researchers
from Duke University and Woods Hole Oceanographic Institution deployed
five DTAGs between July 4-7, 2010. The DTAG is a small, lightweight tag
that is placed on a whale using a carbon-fiber pole and attaches to the
animal via four silicon suction cups. The DTAG is equipped with a
pressure sensor, three-axis magnetometer and accelerometers that
measure depth, heading, pitch, and roll, at a rate of five times per
second. The tag contains two hydrophones that record sound and a VHF
antenna that allows radio tracking of animals while they are at the
surface and facilitates re-location of the tag upon release from the
animal. Data are archived on the tag during deployment and later
downloaded for calibration and analysis. The duration of tag
deployments vary and tags can either be released by a programmed
release mechanism or by the animal's actions that result in shedding
the device (i.e., breaching, coming into physical contact with other
animals, etc.). The longest DTAG deployment during the July 2010 study
was over 17 hours. Data from these tagging efforts will be analyzed in
Matlab to generate descriptive metrics for the diving and acoustic
behavior of each whale. These include time-depth profiles for the
duration of the tag deployment.
When sea conditions permitted, focal follows of tagged animals were
conducted from a rigged-hulled inflatable boat (RHIB) during daylight
hours. Location, group size, spread, synchrony and composition,
behavioral state and environmental conditions were recorded at 5-minute
intervals. Although these detailed behavioral observations could not be
collected at night, the R/V Stellwagen followed the tagged whale
closely using the VHF radio signal. In addition, the presence of prey
was monitored using an onboard fisheries acoustic system and measured
physical features of the water column using Acoustic Doppler Current
Profiler (ADCP) and conductivity-temperature-depth (CTD) casts.
In addition, the research team was able to collect skin biopsy
samples from three of the tagged whales for future molecular
determination of the gender of these individuals.
Passive Acoustic Monitoring
Three passive acoustic systems have been used during AFAST
monitoring in Onslow Bay and JAX--a multi-element towed array used
during vessel surveys, bottom-mounted high-frequency acoustic recorder
packages (HARPs), and pop-up buoys. During the reporting period, the
towed array was deployed on 17 days of surveys in Onslow Bay. A total
of 70 acoustic detections were made, 40 of which were identified to
species. Three HARPs were deployed in Onslow Bay during the reporting
period. In JAX, the towed array was deployed on 19 days of surveys. A
total of 48 acoustic detections were made, 31 of which were identified
to species. Six HARP deployments were made in JAX during the reporting
period. A thorough analysis of all acoustic data is currently underway.
Coordinated ASW exercise monitoring studies are one of the primary
components being used to address specific monitoring questions
presented in the AFAST monitoring
[[Page 4639]]
plan and LOA. Both passive acoustic and visual monitoring methods have
been employed to address before/after (aerial surveys) and before/
during/after (passive acoustics) monitoring requirements. During this
reporting period, two focused ASW exercise passive acoustic monitoring
efforts were conducted in the JAX OPAREA, each included the deployment
of 9 pop-up buoys arranged in an array configuration. The goal was to
establish intensive short-term (20-30 day) passive acoustic monitoring
before, during, and after specific ASW exercises. Two sets of buoys
were deployed from September 11, 2009, through October 8, 2009, and
from December 4, 2009, through January 7, 2010, respectively. Analysis
of data from both deployments is currently in progress.
Aerial surveys were coordinated before and after three ASW training
events during the reporting period. Two surveys coincided with pop-up
buoy deployments and were conducted September 14-18, 2009, and December
8-10, 2009; however, aerial surveys conducted in December were hampered
by poor weather conditions. The third survey was conducted June 4-7,
2010 in the JAX OPAREA. During the September 2009 surveys, there were a
total of 39 sightings of four delphinid species. There were no cetacean
sightings during the December 2009 surveys. The June 2010 surveys
reported one sighting of a short-finned pilot whale and three sightings
of Atlantic spotted dolphins.
Marine Mammal Observations and Lookout Effectiveness Study
Navy marine mammal observers (MMOs) participated in two exercises
in the JAX OPAREA on March 15-19, 2010 and June 4-9, 2010. MMOs
conducted visual observations from the bridge wings of Guided Missile
Destroyers (DDGs) during daylight hours. They worked alongside the Navy
lookouts, conducting visual searches for marine species. Visual
monitoring for both exercises was conducted in coordination with data
collection for a Navy Lookout Effectiveness Study. During the March
2009 exercise, the MMOs spent approximately 27.5 hours monitoring for
marine species. Independent MMOs reported four marine mammal sightings,
which included three Atlantic spotted dolphins and one unidentified
dolphin. During the June 2010 exercise, the MMOs spent approximately 42
hours monitoring for marine species. Independent MMOs reported 13
marine mammal sightings, which included two Atlantic spotted dolphins
and 11 unidentified dolphins. There were no reports of marine mammals
behaving in any unusual manner during these exercises.
To date, the Navy has successfully completed four Lookout
Effectiveness data collection trials. The primary functions of these
efforts were to test and refine lookout observation methodology. Of the
four studies, one was completed in Hawaii, one was completed in
Southern California, and two were completed off the coast of
Jacksonville, FL. Each study had four trained biologists acting as
MMOs, observing from sunrise to sunset each day while underway, to
assess the effectiveness of the Navy lookout team and to obtain data to
characterize the possible exposure of marine species to MFAS.
During the March 2010 exercise, the MMOs recorded four independent
sightings of marine mammal (i.e., sightings not seen by the Navy
lookout team). In addition, the Navy lookout team recorded three
independent sightings, and six sightings were seen by both the MMOs and
the Navy lookouts. A qualitative review of the data revealed that poor
sighting conditions (e.g., high wind speed and sea state) correlated to
low sightings. For example, on the days when the number of sightings
was the lowest (March 16 and 18), the wind speed and sea states were
relatively greater than the remaining days with a greater number of
sightings.
During the June 2010 exercise, the MMOs recorded 12 independent
sightings of marine mammals. In addition, the Navy lookout team
recorded three independent sightings, and four sightings were seen by
both the MMOs and the Navy lookouts. The Navy concluded that these
studies accomplished their goals. First, data was collected that will
populate a spreadsheet in order to being determining the effectiveness
of the Navy lookouts. Second, sightings information, including the
range and bearing to an animal, can be used to determine to what extent
animal(s) may have been exposed to MFAS if the device was in use.
Reconstruction of the event and the determination of the possible
exposure(s) of marine species to MFAS will be completed separately.
In conclusion, the Navy's implementation of the monitoring plan
accomplished several goals, which contribute to a larger body of data
intended to better characterize the abundance, distribution, life
history, and behaviors of the species in the AFAST study area. In
general, the monitoring conducted in 2010 satisfied the objectives of
the monitoring plan and specifically contributed to the following: (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.
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/mitigation requirements identified in the LOA. 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 2009 rule in a manner that would suggest changing the
current mitigation or monitoring.
Adaptive Management
In general, adaptive management allows NMFS to consider new
information from different sources to determine (with input from the
Navy regarding practicability) if monitoring efforts should be modified
if new information suggests that such modifications are appropriate.
All of the 5-year rules and LOAs issued to the Navy include an adaptive
management component, which includes an annual meeting between NMFS and
the Navy. 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 minor
modifications to their monitoring plan for 2011, which NMFS agreed were
appropriate. Additional details regarding these minor modifications are
provided in the following paragraph.
After over 3 years of combined aerial and shipboard visual surveys
at the Onslow Bay location, the Navy plans to shift some of that survey
effort to a new
[[Page 4640]]
location to the north, off Cape Hatteras, NC because the Onslow Bay
surveys have established a relatively detailed baseline of low marine
species distribution and habitat use. This change is meant to enable
the Navy to take advantage of additional monitoring locations and
techniques to better address the questions proposed in the AFAST
monitoring plan and contribute to addressing the objectives of the
Navy's ICMP plan. Vessel and aerial surveys off Cape Hatteras will
support a study examining the behavioral ecology, prey fields, and
cetacean reactions to sound. The project is an expansion of previous
research conducted on pilot whales and other deep-diving odontocetes by
researchers from Duke University and Woods Hole Oceanographic
Institution. Baseline data will be collected in 2010-2011 from boat-
based visual surveys and may also include tagging, biopsy, photo ID,
and tracking. The project is anticipated to span approximately 3 years
to include future experimental response studies and prey field mapping.
For 2011, the Navy proposes to allow for flexibility among multiple
sites within the Virginia Capes (VACAPES), Cherry Point (CHPT), and
Jacksonville (JAX) Operating Areas (OPAREAS) in order to support
different monitoring efforts as described above. The Navy plans to
continue some baseline monitoring at the Onslow Bay site.
Beyond those changes, none of the information contained in the
monitoring report or discussed at the annual adaptive management
meeting 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 12 of the
Navy's 2011 LOA Application, which may be 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 (of Navy and outside scientists) that will work on a
proposed Navy training area-wide monitoring plan that better considers
the biological, logistical, and resource-specific factors that are
applicable in each 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 Navy-wide monitoring plan,
which will likely reflect monitoring differences in some Navy training
areas from what is required in the 2011 LOA.
This proposed Navy-wide monitoring plan will then be available for
review and discussion at the required 2011 Navy Monitoring Meeting,
which will take place in late Spring 2011. The Navy and NMFS will then
modify the Navy-wide monitoring plan 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 changes as appropriate, NMFS will
issue new training area LOAs that reflect the new Navy-wide monitoring
plan.
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
non-governmental organizations (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-generated 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 AFAST final rule (74 FR 4844,
January 27, 2009), 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
take 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 AFAST activities is consistent with our previous findings made
for the total taking allowed under the AFAST regulations. Finally, the
record supports NMFS' conclusion that the total number of marine
mammals taken by the 2011 AFAST 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 AFAST Study Area from January 22, 2011, through January 21, 2012.
Dated: January 20, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-1642 Filed 1-25-11; 8:45 am]
BILLING CODE 3510-22-P