Taking and Importing Marine Mammals; Undersea Warfare Training Range Activities, 77631-77632 [E8-30240]
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), and the regulations governing
the taking, importing, and exporting of
endangered and threatened species (50
CFR 222–226).
The applicant requests authorization
to permanently maintain two nonreleasable Guadalupe fur seals at Sea
World of California (and other Sea
World facilities if relocation is
necessary) for enhancement purposes.
These animals were taken into captivity
by the Marine Mammal Health and
Stranding Network and were deemed
nonreleasable. Thus, release of either of
these animals would not be in the best
interest of their individual welfare and
that of the wild population.
Furthermore, the applicant has agreed to
provide additional space for future nonreleasable Guadalupe fur seals should
placement be necessary (up to 6 total
animals). These animals would be
provided with daily husbandry care and
treatment for current medical
conditions, routine veterinary care, and
would be made available for
opportunistic research. The applicant
has requested a five-year permit.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: December 12, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–30243 Filed 12–18–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XM25
Marine Mammals
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Availability.
implementation of the preferred
alternative and recommendations in
Chapter 5 of the 2007 Final
Programmatic Environmental Impact
Statement (EIS) for Steller Sea Lion and
Northern Fur Seal Research.
Written, telefaxed, or e-mail
comments must be received on or before
January 20, 2009.
DATES:
The document is available
for review on the EIS project webpage
at https://www.nmfs.noaa.gov/pr/
permits/eis/steller.htm. To receive a
hard copy, contact:
Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service, 1315
East-West Highway, Room 13705, Silver
Spring, MD 20910–3226; phone
(301)713–2289.
Written comments should be mailed
to: P. Michael Payne, Chief, at the
address above. Comments may also be
submitted by facsimile at 301–427–2583
or email at ssleis.comments@noaa.gov.
For email comments, use ‘‘SSL EIS
policy document’’ in the subject line.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Tammy Adams or Kate Swails,
(301)713–2289.
In 2007
NMFS completed the programmatic EIS
and issued a Record of Decision (ROD)
which identified the preferred
alternative. NMFS limited
implementation of the preferred
alternative by limiting duration of
research permits to span three summer
field seasons, through July 2008. Full
implementation of the preferred
alternative is being phased in, upon
completion of action items in the ROD
and Chapter 5 of the EIS. The policy and
guidance document is one item.
Additional information about the EIS,
ROD, and research permits issued in
2007 is available on the EIS project
webpage (See ADDRESSES).
SUPPLEMENTARY INFORMATION:
Dated: December 15, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–30239 Filed 12–18–08; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XM07
Taking and Importing Marine
Mammals; Undersea Warfare Training
Range Activities
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
letter of authorization; request for
comments and information.
SUMMARY: NMFS has received a request
from the U.S. Navy (Navy) for
authorization for the take of marine
mammals incidental to Navy training
activities conducted in the Undersea
Warfare Training Range (USWTR) off
the east coast of the United States.
Pursuant to the implementing
regulations of the Marine Mammal
Protection Act (MMPA), NMFS is
announcing our receipt of the Navy’s
request for the development and
implementation of regulations
governing the incidental taking of
marine mammals and inviting
information, suggestions, and comments
on the Navy’s application and request.
DATES: Comments and information must
be received no later than January 20,
2009.
ADDRESSES: Comments on the
application should be addressed 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. The mailbox address for
providing email comments is PR1.0648XM07@noaa.gov. NMFS is not
responsible for e-mail comments sent to
addresses other than the one provided
here. Comments sent via e-mail,
including all attachments, must not
exceed a 10-megabyte file size.
FOR FURTHER INFORMATION CONTACT: Jolie
Harrison, Office of Protected Resources,
NMFS, (301) 713-2289, ext. 166.
SUPPLEMENTARY INFORMATION:
Availability
A copy of the Navy’s application may
be obtained by writing to the address
specified above (See ADDRESSES),
telephoning the contact listed above (see
FOR FURTHER INFORMATION CONTACT), or
visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm. On September 12, 2008,
the Navy made available to the public,
BILLING CODE 3510–22–S
SUMMARY: NMFS has developed a policy
and guidance document for
implementation of the Steller sea lion
(Eumetopias jubatus) and northern fur
seal (Callorhinus ursinus) research
permits and grants programs. This
document establishes policy for
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77631
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77632
Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
the Draft Overseas Environmental
Impact Statement (OEIS) /
Environmental Impact Statement (EIS)
for USWTR. The Draft OEIS/EIS is
available at https://
projects.earthtech.com/USWTR/EIS/
DOEIS-EISl2008/DOEISl2008.htm.
During the 45-day public comment
period, the Navy hosted four public
hearings on the proposed action and the
potential environmental impact of the
construction and operation of an
USWTR.
Background
In the case of military readiness
activities, 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 of no more than
one year, The Secretary shall issue a
notice of proposed authorization for
public review.
Authorization for incidental takings
may be granted if NMFS finds that the
taking will have no more than a
negligible impact on the affected species
or stock(s), will not have an unmitigable
adverse impact on the availability of the
species or stock(s) for subsistence uses,
and that 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.
With respect to military readiness
activities, the MMPA defines
‘‘harassment’’ as:
(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 Request
In February 2008, NMFS received an
application from the Navy requesting
authorization for the take of 20 species
of marine mammals incidental to
upcoming Navy training activities to be
VerDate Aug<31>2005
17:29 Dec 18, 2008
Jkt 217001
conducted in the USWTR located in an
area offshore of northeast Florida. These
training activities will occur over the
course of 5 years and are classified as
military readiness activities. The Navy
states that USWTR training activities
may expose some of the marine
mammals present in the area to sound
from various mid-frequency and highfrequency active tactical sonar sources.
The Navy requests authorization to take
individuals of 20 species of marine
mammals by Level B behavioral
harassment.
Specified Activities
In the application submitted to
NMFS, the Navy requests authorization
for take of marine mammals incidental
to antisubmarine warfare (ASW)
training activities conducted in the
USWTR, located within a 500-squarenautical mile (NM2) (1,713 squarekilometer (km2)) area offshore of
northeast Florida. The edge of the range
would be approximately 94 km (51 NM)
from shore. The depth of water at the
proposed site ranges from 37 to 366
meters (m) (120 to 1,200 feet (ft)).
ASW training would involve up to
three vessels and two aircraft using the
range for any one training event,
although events would typically involve
fewer units. The proposed action would
require logistical support for ASW
training, including the handling (launch
and recovery) of exercise torpedoes
(non-explosive) and submarine target
simulators. Table 1-1 in the Navy’s
application lists the activity types and
the equipment and platforms involved
in USWTR activities.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the Navy’s request (see
ADDRESSES). All information,
suggestions, and comments related to
the Navy’s USWTR request and NMFS’
potential development and
implementation of regulations
governing the incidental taking of
marine mammals by the Navy’s USWTR
activities will be considered by NMFS
in developing, if appropriate, the most
effective regulations governing the
issuance of letters of authorization.
Dated: December 16, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–30240 Filed 12–18–08; 8:45 am]
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DEPARTMENT OF EDUCATION
Notice of Proposed Information
Collection Requests
Department of Education.
The Leader, Information
Collection Clearance Division,
Regulatory Information Management
Services, Office of Management, invites
comments on the proposed information
collection requests as required by the
Paperwork Reduction Act of 1995.
AGENCY:
SUMMARY:
DATES: Interested persons are invited to
submit comments on or before February
17, 2009.
Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The Leader,
Regulatory Information Management
Services, Office of Management,
publishes that notice containing
proposed information collection
requests prior to submission of these
requests to OMB. Each proposed
information collection, grouped by
office, contains the following: (1) Type
of review requested, e.g. new, revision,
extension, existing or reinstatement; (2)
Title; (3) Summary of the collection; (4)
Description of the need for, and
proposed use of, the information; (5)
Respondents and frequency of
collection; and (6) Reporting and/or
Recordkeeping burden. OMB invites
public comment.
The Department of Education is
especially interested in public comment
addressing the following issues: (1) Is
this collection necessary to the proper
functions of the Department; (2) will
this information be processed and used
in a timely manner; (3) is the estimate
of burden accurate; (4) how might the
Department enhance the quality, utility,
and clarity of the information to be
collected; and (5) how might the
Department minimize the burden of this
collection on the respondents, including
through the use of information
technology.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\19DEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77631-77632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30240]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XM07
Taking and Importing Marine Mammals; Undersea Warfare Training
Range Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for letter of authorization;
request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for
authorization for the take of marine mammals incidental to Navy
training activities conducted in the Undersea Warfare Training Range
(USWTR) off the east coast of the United States. Pursuant to the
implementing regulations of the Marine Mammal Protection Act (MMPA),
NMFS is announcing our receipt of the Navy's request for the
development and implementation of regulations governing the incidental
taking of marine mammals and inviting information, suggestions, and
comments on the Navy's application and request.
DATES: Comments and information must be received no later than January
20, 2009.
ADDRESSES: Comments on the application should be addressed 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. The mailbox address for
providing email comments is PR1.0648-XM07@noaa.gov. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 166.
SUPPLEMENTARY INFORMATION:
Availability
A copy of the Navy's application may be obtained by writing to the
address specified above (See ADDRESSES), telephoning the contact listed
above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet
at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. On September
12, 2008, the Navy made available to the public,
[[Page 77632]]
the Draft Overseas Environmental Impact Statement (OEIS) /
Environmental Impact Statement (EIS) for USWTR. The Draft OEIS/EIS is
available at https://projects.earthtech.com/USWTR/EIS/DOEIS-EIS_2008/
DOEIS_2008.htm. During the 45-day public comment period, the Navy
hosted four public hearings on the proposed action and the potential
environmental impact of the construction and operation of an USWTR.
Background
In the case of military readiness activities, 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
of no more than one year, The Secretary shall issue a notice of
proposed authorization for public review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have no more than a negligible impact on the
affected species or stock(s), will not have an unmitigable adverse
impact on the availability of the species or stock(s) for subsistence
uses, and that 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.
With respect to military readiness activities, the MMPA defines
``harassment'' as:
(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 Request
In February 2008, NMFS received an application from the Navy
requesting authorization for the take of 20 species of marine mammals
incidental to upcoming Navy training activities to be conducted in the
USWTR located in an area offshore of northeast Florida. These training
activities will occur over the course of 5 years and are classified as
military readiness activities. The Navy states that USWTR training
activities may expose some of the marine mammals present in the area to
sound from various mid-frequency and high-frequency active tactical
sonar sources. The Navy requests authorization to take individuals of
20 species of marine mammals by Level B behavioral harassment.
Specified Activities
In the application submitted to NMFS, the Navy requests
authorization for take of marine mammals incidental to antisubmarine
warfare (ASW) training activities conducted in the USWTR, located
within a 500-square-nautical mile (NM\2\) (1,713 square-kilometer
(km\2\)) area offshore of northeast Florida. The edge of the range
would be approximately 94 km (51 NM) from shore. The depth of water at
the proposed site ranges from 37 to 366 meters (m) (120 to 1,200 feet
(ft)).
ASW training would involve up to three vessels and two aircraft
using the range for any one training event, although events would
typically involve fewer units. The proposed action would require
logistical support for ASW training, including the handling (launch and
recovery) of exercise torpedoes (non-explosive) and submarine target
simulators. Table 1-1 in the Navy's application lists the activity
types and the equipment and platforms involved in USWTR activities.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). All
information, suggestions, and comments related to the Navy's USWTR
request and NMFS' potential development and implementation of
regulations governing the incidental taking of marine mammals by the
Navy's USWTR activities will be considered by NMFS in developing, if
appropriate, the most effective regulations governing the issuance of
letters of authorization.
Dated: December 16, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-30240 Filed 12-18-08; 8:45 am]
BILLING CODE 3510-22-S
