Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 58289-58290 [E7-20227]

Download as PDF Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Notices vocal behavior of four species of seals in the Antarctic pack ice and fast ice of western Amundsen, Bellingshausen, and eastern Ross seas between September 1, and November 2, 2007. This study will result in takes of Ross seals (Ommatophoca rossii), crabeater seals (Lobodon carcinophaga), Weddell seals (Leptonychotes weddellii), and leopard seals (Hydrurga leptonyx). File No. 699–1891–02: Issued to Kathryn A. Ono, Ph.D., University of New England, 11 Hills Beach Road, Biddeford, ME 04005 on August 24, 2007, for a study to determine the diet of seals off the coast of Maine and to use fecal DNA to determine if hard part analysis is an accurate representation of the occurrence of certain prey species in pinniped diets. This study, which will result in harassment of gray seals, harbor, harp, and hooded seals in coastal Maine through December 1, 2011, was modified to allow harassment of additional harbor and gray seals during scat collections. This amended GA LOC supercedes version 699–1891– 01, issued on June 8, 2007. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activities are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Dated: October 9, 2007. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7–20231 Filed 10–12–07; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 0648–XD34 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of two Letters of Authorization. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued VerDate Aug<31>2005 21:55 Oct 12, 2007 Jkt 214001 two 1–year Letters of Authorization (LOAs) to take marine mammals by harassment incidental to the U.S. Navy’s operation of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar operations to the Chief of Naval Operations, Department of the Navy, 2000 Navy Pentagon, Washington, D.C., and persons operating under his authority. DATES: Effective from August 16, 2007, through August 15, 2008. ADDRESSES: Copies of the Navy’s July 11, 2007, LOA application letter, the LOAs, the Navy’s 2006–2007 annual LOA report and the Navy’s 2007 Comprehensive Report 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 the contact listed here (see FOR FURTHER INFORMATION CONTACT), or online at:https://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: Kenneth Hollingshead, Office of Protected Resources, NMFS, (301) 713– 2289 (ext 128). 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 certain subsistence uses. In addition, NMFS must prescribe regulations that include permissible methods of taking and other means 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 operation of SURTASS LFA PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 58289 sonar were published on August 21, 2007 (72 FR 46846), and remain in effect through August 15, 2012. For detailed information on this action, please refer to that document. These regulations include mitigation, monitoring, and reporting requirements for the incidental taking of marine mammals by the SURTASS LFA sonar system. Summary of LOA Request NMFS received an application from the U.S. Navy for two LOAs, one covering the R/V Cory Chouest and one the USNS IMPECCABLE, under the regulations issued on August 21, 2007 (72 FR 46846). The Navy requested that the LOAs become effective on August 16, 2007. The application requested authorization, for a period not to exceed 1 year, to take, by harassment, marine mammals incidental to employment of the SURTASS LFA sonar system for training, testing and routine military operations on the aforementioned ships in areas of the North Pacific Ocean. Due to the critical naval warfare requirements, the U.S. Navy has identified the necessity for both SURTASS LFA sonar vessels to be stationed in the North Pacific Ocean during the period of these LOAs. Monitoring and Reporting In compliance with the 2002–2007 SURTASS LFA sonar regulations, the Navy submitted an annual report for operations during 2006. The Navy also submitted a comprehensive report on SURTASS LFA sonar operations and the mitigation and monitoring activities conducted under the LOAs issued during that time period. A copy of these reports can be viewed and/or downloaded at:https:// www.nmfs.noaa.gov/pr/permits/ incidental.htm#applications. Authorization NMFS has issued two LOAs to the U.S. Navy, authorizing the incidental harassment of marine mammals incidental to operating the two SURTASS LFA sonar systems for training, testing and routine military operations. Issuance of these two LOAs is based on findings, described in the preamble to the final rule (August 21, 2007, 72 FR 46846)) and supported by information contained in the Navy’s required annual report on SURTASS LFA sonar, that the activities described under these two LOAs will have no more than a negligible impact on marine mammal stocks and will not have an unmitigable adverse impact on the availability of the affected by marine mammal stocks for subsistence uses. E:\FR\FM\15OCN1.SGM 15OCN1 58290 Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Notices These LOAs remain valid through August 15, 2008, provided the Navy remains in conformance with the conditions of the regulations and the LOAs, and the mitigation, monitoring, and reporting requirements described in 50 CFR 216.184–216.186 (August 21, 2007, 72 FR 46846) and in the LOAs are undertaken. Dated: October 2, 2007. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7–20227 Filed 10–12–07; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 0648–XB13] Takes of Marine Mammals Incidental to Specified Activities; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air Force Base, Florida National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Eglin Air Force Base (EAFB) for the take of marine mammals, by Level B harassment only, incidental to Naval Explosive Ordnance Disposal School (NEODS) training operations at EAFB, Florida. DATES: Effective from October 5, 2007, through October 4, 2008. ADDRESSES: A copy of the IHA and the application are available by writing to Michael Payne, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225, or by telephoning the contact listed here. A copy of the application containing a list of references used in this document may be obtained by writing to this address, by telephoning the contact listed here (FOR FURTHER INFORMATION CONTACT) or online at: https://www.nmfs.noaa.gov/pr/ permits/incidental.htm. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. VerDate Aug<31>2005 21:55 Oct 12, 2007 Jkt 214001 FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Jolie Harrison, Office of Protected Resources, NMFS, (301) 713– 2289. 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 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 or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Authorization for incidental takings will 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 certain 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. Subsection 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take marine mammals by harassment. With respect to miltary readiness activities, harassment is defined as follows: (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]. Section 101(a)(5)(D) establishes a 30– day public notice and comment period on any proposed IHA. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Request On June 7, 2007, NMFS received an application from EAFB requesting reissuance of their IHA for the harassment, by Level B harassment only, of Atlantic bottlenose dolphins PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 (Tursiops truncatus) and Atlantic spotted dolphins (Stenella frontalis) incidental to NEODS training operations at EAFB, Florida, in the northern Gulf of Mexico (GOM). Each of up to six missions per year would include up to five live detonations of approximately 10–lb (4.6–kg) net explosive weight charges to occur in approximately 60–ft (18.3–m) deep water from one to three nm (1.9 to 5.6 km) off shore. EAFB was granted an IHA in 2005 and 2006 for this activity. Because the relative low cost and ease of use of mines lends itself to use by an array of transnational, rogue, and subnational adversaries that now pose the most immediate threat to American interests and because NEODS supports the Naval Fleet by providing training to personnel from all four armed services, civil officials, and military students from over 70 countries, this activity constitutes a ‘‘military readiness activity,’’ as defined in Section 315(f) of Public Law 107–314 (16 U.S.C. 703 note). Specified Activities The mission of NEODS is to train personnel to detect, recover, identify, evaluate, render safe, and dispose of unexploded ordnance (UXO) that constitutes a threat to people, material, installations, ships, aircraft, and operations. The NEODS plans to utilize three areas within the Eglin Gulf Test and Training Range (EGTTR), consisting of approximately 86,000 mi2 (222,739 km2) within the GOM and the airspace above, for Mine Countermeasures (MCM) detonations, which involve mine-hunting and mine-clearance operations. The detonation of small, live explosive charges disables the function of the mines, which are inert for training purposes. The training would occur approximately one to three nautical miles (nm) (1.9 to 5.6 km) offshore of Santa Rosa Island (SRI) six times annually, at varying times within the year. Each of the six training classes would include one or two ‘‘Live Demolition Days.’’ During each set of Live Demolition Days, five inert mines would be placed in a compact area on the sea floor in approximately 60 ft (18.3 m) of water. Divers would locate the mines by hand-held sonars. The AN/PQS–2A hand-held acoustic locator has a sound pressure level (SPL) of 178.5 re 1 µPascal @ 1 meter and the Dukane Underwater Acoustic Locator has a SPL of 157–160.5 re 1 µPascal @ 1 meter. Because output from these hand-held sound sources would attenuate to below any current threshold for protected species within approximately 10–15 m, E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Notices]
[Pages 58289-58290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

0648-XD34


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Navy Operations of Surveillance Towed Array Sensor System 
Low Frequency Active Sonar

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; issuance of two Letters of Authorization.

-----------------------------------------------------------------------

SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA), 
as amended, and implementing regulations, notification is hereby given 
that NMFS has issued two 1-year Letters of Authorization (LOAs) to take 
marine mammals by harassment incidental to the U.S. Navy's operation of 
Surveillance Towed Array Sensor System Low Frequency Active (SURTASS 
LFA) sonar operations to the Chief of Naval Operations, Department of 
the Navy, 2000 Navy Pentagon, Washington, D.C., and persons operating 
under his authority.

DATES:  Effective from August 16, 2007, through August 15, 2008.

ADDRESSES:  Copies of the Navy's July 11, 2007, LOA application letter, 
the LOAs, the Navy's 2006-2007 annual LOA report and the Navy's 2007 
Comprehensive Report 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 the contact listed here 
(see FOR FURTHER INFORMATION CONTACT), or online at:https://
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:  Kenneth Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2289 (ext 128).

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 certain subsistence uses. 
In addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means 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 operation of SURTASS LFA sonar were published on August 
21, 2007 (72 FR 46846), and remain in effect through August 15, 2012. 
For detailed information on this action, please refer to that document. 
These regulations include mitigation, monitoring, and reporting 
requirements for the incidental taking of marine mammals by the SURTASS 
LFA sonar system.

Summary of LOA Request

    NMFS received an application from the U.S. Navy for two LOAs, one 
covering the R/V Cory Chouest and one the USNS IMPECCABLE, under the 
regulations issued on August 21, 2007 (72 FR 46846). The Navy requested 
that the LOAs become effective on August 16, 2007. The application 
requested authorization, for a period not to exceed 1 year, to take, by 
harassment, marine mammals incidental to employment of the SURTASS LFA 
sonar system for training, testing and routine military operations on 
the aforementioned ships in areas of the North Pacific Ocean. Due to 
the critical naval warfare requirements, the U.S. Navy has identified 
the necessity for both SURTASS LFA sonar vessels to be stationed in the 
North Pacific Ocean during the period of these LOAs.

Monitoring and Reporting

    In compliance with the 2002-2007 SURTASS LFA sonar regulations, the 
Navy submitted an annual report for operations during 2006. The Navy 
also submitted a comprehensive report on SURTASS LFA sonar operations 
and the mitigation and monitoring activities conducted under the LOAs 
issued during that time period. A copy of these reports can be viewed 
and/or downloaded at:https://www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.

Authorization

    NMFS has issued two LOAs to the U.S. Navy, authorizing the 
incidental harassment of marine mammals incidental to operating the two 
SURTASS LFA sonar systems for training, testing and routine military 
operations. Issuance of these two LOAs is based on findings, described 
in the preamble to the final rule (August 21, 2007, 72 FR 46846)) and 
supported by information contained in the Navy's required annual report 
on SURTASS LFA sonar, that the activities described under these two 
LOAs will have no more than a negligible impact on marine mammal stocks 
and will not have an unmitigable adverse impact on the availability of 
the affected by marine mammal stocks for subsistence uses.

[[Page 58290]]

    These LOAs remain valid through August 15, 2008, provided the Navy 
remains in conformance with the conditions of the regulations and the 
LOAs, and the mitigation, monitoring, and reporting requirements 
described in 50 CFR 216.184-216.186 (August 21, 2007, 72 FR 46846) and 
in the LOAs are undertaken.

    Dated: October 2, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-20227 Filed 10-12-07; 8:45 am]
BILLING CODE 3510-22-S

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