Taking and Importing Marine Mammals; U.S. Navy Training in the Hawaii Range Complex, 6395-6396 [E9-2661]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Notices
Biological Opinion’s (BiOp) Incidental
Take Statement. L–DEO is then required
to submit a final report within 30 days
after receiving comments from NMFS on
the draft report.
sroberts on PROD1PC70 with NOTICES
Endangered Species Act (ESA)
Pursuant to section 7 of the ESA, NSF
has consulted with the NMFS, Office of
Protected Resources, Endangered
Species Division on this seismic survey.
NMFS Headquarters’ Office of Protected
Resources, Permits, Conservation, and
Education Division has also consulted
internally pursuant to section 7 of the
ESA on the issuance of an IHA under
section 101(a)(5)(D) of the MMPA for
this activity. On January 13, 2009,
NMFS issued a BiOp and concluded
that the issuance of an IHA is not likely
to jeopardize the continued existence of
blue, fin, humpback, sei, and sperm
whales; green sea turtles (Chelonia
mydas); hawksbill sea turtles
(Eretmochelys imbricata); leatherback
sea turtles (Dermochelys coriacea);
loggerhead sea turtles (Caretta caretta);
and olive ridley sea turtles
(Lepidochelys olivacea). The BiOp also
concluded that the proposed activities
would have no effect on critical habitat,
as the Tongan government has no such
designation within the action area.
Finally, NMFS has incorporated the
Relevant Terms and Conditions of the
Incidental Take Statement in the BiOp
into the IHA.
National Environmental Policy Act
(NEPA)
On September 22, 2005 (70 FR 55630),
NSF published a notice of intent to
prepare a Programmatic Environmental
Impact Statement/Overseas
Environmental Impact Statement (EIS/
OES) to evaluate the potential
environmental impacts associated with
the use of seismic sources in support of
NSF–funded research by U.S. academic
scientists. NMFS agreed to be a
cooperating agency in the preparation of
the EIS/OEIS. This EIS/OEIS has not
been completed. Therefore, in order to
meet NSF’s and NMFS’ NEPA
requirements for the proposed activity
and issuance of an IHA to L–DEO, the
NSF has prepared an EA that is specific
to the marine geophysical survey
conducted by the R/V Marcus G.
Langseth in the Southwest Pacific
Ocean off the coast of Tonga. The NSF
has made a Finding of No Significant
Impact (FONSI) determination based on
information contained within its EA
that implementation of the proposed
action is not a major Federal action
having significant effects on the
environment within the meaning of
NEPA. NSF determined, therefore, that
VerDate Nov<24>2008
16:35 Feb 06, 2009
Jkt 217001
an environmental impact statement
would not be prepared. On November
25, 2008 (73 FR 71606), NMFS noted
that the NSF had prepared an EA for the
southwest Pacific Ocean surveys and
made this EA available upon request.
NMFS has reviewed the information
contained in NSF’s EA and determined
that the NSF EA describes the proposed
action alternative, and the potential
impacts on marine mammals,
endangered species, and other marine
life that could be impacted by the
preferred alternative and the other
alternatives. Accordingly, NMFS
adopted the NSF EA under 40 CFR
1506.3 and made its own FONSI. The
NMFS FONSI also takes into
consideration additional mitigation
measures required by the IHA that are
not in NSF’s EA. Therefore, NMFS has
determined that it is not necessary to
issue a new EA, supplemental EA or an
EIS for the issuance of an IHA to L–DEO
for this activity. A copy of the EA and
the NMFS FONSI for this activity is
available upon request (see ADDRESSES).
Determinations
NMFS has determined that the impact
of conducting the seismic survey in the
southwest Pacific Ocean may result, at
worst, in a temporary modification in
behavior (Level B harassment) of small
numbers of 29 species of cetaceans.
Though NMFS believes that take of the
requested numbers is unlikely, we still
find these numbers small relative to the
population sizes. Further, this activity is
expected to result in a negligible impact
on the affected species or stocks.
The provision requiring that the
activity not have an unmitigable adverse
impact on the availability of the affected
species or stock for subsistence uses is
not implicated for this proposed action.
There is no subsistence harvest of
marine mammals in the proposed
research area; therefore, there will be no
impact of the activity on the availability
of the species or stocks of marine
mammals for subsistence uses.
This negligible impact determination
is supported by: (1) the likelihood that,
given sufficient warning through
relatively slow ship speed, marine
mammals are expected to move away
from a noise source that is annoying
prior to it becoming potentially
injurious; (2) the fact that marine
mammals would have to be closer than
40 m (131 ft) in deep water, when a
single airgun is in use from the vessel
to be exposed to levels of sound (180
dB) believed to have even a minimal
chance of causing TTS; (3) the fact that
marine mammals would have to be
closer than 950 m (0.5 nm) in deep
water, when the full array is in use at
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
6395
a 9 m (29.5 ft) tow depth from the vessel
to be exposed to levels of sound (180
dB) believed to have even a minimal
chance of causing TTS; (4) the
likelihood that marine mammal
detection ability by trained observers is
good at those distances from the vessel;
(5) the use of PAM, which is effective
out to tens of km, will assist in the
detection of vocalizing marine mammals
at greater distances from the vessel; (6)
the incorporation of other required
mitigation measures (i.e., ramp–up,
power–down, and shutdown); and (7)
the limited duration of the seismic
survey in the study area (approximately
39 days). As a result, no take by injury
or death is anticipated, and the potential
for temporary or permanent hearing
impairment is very low and will be
avoided through the incorporation of
the required monitoring and mitigation
measures.
While the number of potential
incidental harassment takes will depend
on the distribution and abundance of
marine mammals in the vicinity of the
survey activity, the number of potential
harassment takings is estimated to be
small, relative to the affected species
and stock sizes, and has been mitigated
to the lowest level practicable through
incorporation of the measures
mentioned previously in this document.
Authorization
As a result of these determinations,
NMFS has issued an IHA to L–DEO for
conducting a marine geophysical survey
in the southwest Pacific Ocean in
January — February, 2009, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: January 13, 2009.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–2664 Filed 2–6–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XN15
Taking and Importing Marine
Mammals; U.S. Navy Training in the
Hawaii Range Complex
AGENCY: National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice; issuance of a letter of
authorization.
E:\FR\FM\09FEN1.SGM
09FEN1
6396
Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Notices
sroberts on PROD1PC70 with NOTICES
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) and implementing regulations,
notification is hereby given that a 1–
year letter of authorization (LOA) has
been issued to the U.S Navy (Navy) for
the incidental take of marine mammals
during training, maintenance, and
research, development, testing, and
evaluation (RDT&E) activities conducted
within the Navy’s Hawaii Range
Complex (HRC). These activities are
considered military readiness activities
pursuant to the Marine Mammal
Protection Act (MMPA), as amended by
the National Defense Authorization Act
of 2004 (NDAA).
DATES: Effective January 8, 2009,
through January 7, 2010.
ADDRESSES: The LOA and supporting
documentation 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, by telephoning one of the
contacts listed here (FOR FURTHER
INFORMATION CONTACT), or online at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm.
FOR FURTHER INFORMATION CONTACT: Jolie
Harrison, Office of Protected Resources,
NMFS.
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 (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 and of no more
than 1 year, the Secretary shall issue a
notice of proposed authorization for
public review.
Authorization shall 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 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.
VerDate Nov<24>2008
16:35 Feb 06, 2009
Jkt 217001
The NDAA (Public Law 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations and amended the definition
of ‘‘harassment’’ as it applies to a
‘‘military readiness activity’’ to read as
follows (Section 3(18)(B) of the MMPA):
(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
On June 25, 2007, NMFS received an
application from the Navy requesting
authorization for the take of 24 species
of marine mammals incidental to
upcoming Navy training activities to be
conducted within the HRC, which
covers 235,000 nm2 around the Main
Hawaiian Islands (see map on page 17
of the application), over the course of 5
years. These training activities are
classified as military readiness
activities. These training activities may
incidentally take marine mammals
present within the HRC by exposing
them to sound from mid-frequency or
high frequency active sonar (MFAS/
HFAS) or to underwater detonations at
levels that NMFS associates with the
take of marine mammals. The Navy
requested authorization to take
individuals of 24 species of marine
mammals by Level B Harassment.
Further, though they do not anticipate it
to occur, the Navy requested
authorization to take, by injury or
mortality, up to 10 individuals each of
11 species over the course of the 5–year
period (bottlenose dolphin, Kogia spp.,
melon-headed whale, pantropical
spotted dolphin, pygmy killer whale,
short-finned pilot whale, striped
dolphin, and Cuvier’s, Longman’s, and
Blainville’s beaked whale).
Authorization
On January 5, 2009, NMFS’ final rule
governing the take of marine mammals
incidental to U.S. Navy Training in the
Hawaii Range Complex became
effective. In accordance with the final
rule, NMFS issued an LOA to the Navy
on January 8, 2009, authorizing Level B
harassment of 24 species of marine
mammals and mortality of 11 species of
marine mammals incidental to U.S.
Navy training, maintenance, and RDT&E
activities in the HRC. Issuance of this
LOA is based on findings, described in
the preamble to the final rule (74 FR
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
1456, January 12, 2009), that the taking
resulting from the activities described in
this LOA will have a negligible impact
on marine mammal stocks and will not
have an unmitigable adverse impact on
the availability of the affected marine
mammal stock for subsistence uses. The
LOA describes the permissible methods
of taking and includes requirements
pertaining to the mitigation, monitoring
and reporting of such taking.
Dated: February 4, 2009.
P. Michael Payne,
Chief, Permits, Conservation, and Recreation,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. E9–2661 Filed 2–6–09; 8:45 am]
BILLING CODE 3510–22–S
CONSUMER PRODUCT SAFETY
COMMISSION
Notice of Stay of Enforcement of
Testing and Certification Requirements
AGENCY: Consumer Product Safety
Commission.
ACTION: Stay of enforcement.
SUMMARY: This notice announces the
decision of the Consumer Product
Safety Commission (‘‘CPSC’’ or
‘‘Commission’’) to stay enforcement of
certain provisions of subsection 14(a) of
the Consumer Product Safety Act
(‘‘CPSA’’) as amended by section 102(a)
of the Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’),
Public Law 110–314. Specifically, the
Commission is staying certain of the
requirements of paragraphs 14(a)(1), (2),
and (3) that otherwise require testing
and issuance of certificates of
compliance by manufacturers, including
importers, of products subject to an
applicable consumer product safety rule
as defined in the CPSA or similar rule,
ban, standard, or regulation under any
other Act enforced by the Commission.
This stay covers all such requirements
with the exception of:
(1) Those where testing and
certification was required by subsection
14(a) of the CPSA prior to enactment of
the CPSIA; and
(2) Those requirements, when they
become effective, applicable to
children’s product certifications
required to be supported by third party
testing for which the Commission has
issued requirements for acceptance of
accreditation of third party testing
laboratories to test for:
• Lead paint (effective for products
manufactured after December 21, 2008),
• Full-size and non-full size cribs and
pacifiers (effective for products
manufactured after January 20, 2009),
E:\FR\FM\09FEN1.SGM
09FEN1
]]>Agencies
[Federal Register Volume 74, Number 25 (Monday, February 9, 2009)]
[Notices]
[Pages 6395-6396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2661]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XN15
Taking and Importing Marine Mammals; U.S. Navy Training in the
Hawaii Range Complex
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice; issuance of a letter of authorization.
-----------------------------------------------------------------------
[[Page 6396]]
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that a 1-year
letter of authorization (LOA) has been issued to the U.S Navy (Navy)
for the incidental take of marine mammals during training, maintenance,
and research, development, testing, and evaluation (RDT&E) activities
conducted within the Navy's Hawaii Range Complex (HRC). These
activities are considered military readiness activities pursuant to the
Marine Mammal Protection Act (MMPA), as amended by the National Defense
Authorization Act of 2004 (NDAA).
DATES: Effective January 8, 2009, through January 7, 2010.
ADDRESSES: The LOA and supporting documentation 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 one of the contacts listed here (FOR FURTHER INFORMATION
CONTACT), or online at: https://www.nmfs.noaa.gov/pr/permits/
incidental.htm.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected
Resources, NMFS.
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 (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 and of no more than 1 year, the Secretary
shall issue a notice of proposed authorization for public review.
Authorization shall 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 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.
The NDAA (Public Law 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations and amended the
definition of ``harassment'' as it applies to a ``military readiness
activity'' to read as follows (Section 3(18)(B) of the MMPA):
(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
On June 25, 2007, NMFS received an application from the Navy
requesting authorization for the take of 24 species of marine mammals
incidental to upcoming Navy training activities to be conducted within
the HRC, which covers 235,000 nm\2\ around the Main Hawaiian Islands
(see map on page 17 of the application), over the course of 5 years.
These training activities are classified as military readiness
activities. These training activities may incidentally take marine
mammals present within the HRC by exposing them to sound from mid-
frequency or high frequency active sonar (MFAS/HFAS) or to underwater
detonations at levels that NMFS associates with the take of marine
mammals. The Navy requested authorization to take individuals of 24
species of marine mammals by Level B Harassment. Further, though they
do not anticipate it to occur, the Navy requested authorization to
take, by injury or mortality, up to 10 individuals each of 11 species
over the course of the 5-year period (bottlenose dolphin, Kogia spp.,
melon-headed whale, pantropical spotted dolphin, pygmy killer whale,
short-finned pilot whale, striped dolphin, and Cuvier's, Longman's, and
Blainville's beaked whale).
Authorization
On January 5, 2009, NMFS' final rule governing the take of marine
mammals incidental to U.S. Navy Training in the Hawaii Range Complex
became effective. In accordance with the final rule, NMFS issued an LOA
to the Navy on January 8, 2009, authorizing Level B harassment of 24
species of marine mammals and mortality of 11 species of marine mammals
incidental to U.S. Navy training, maintenance, and RDT&E activities in
the HRC. Issuance of this LOA is based on findings, described in the
preamble to the final rule (74 FR 1456, January 12, 2009), that the
taking resulting from the activities described in this LOA will have a
negligible impact on marine mammal stocks and will not have an
unmitigable adverse impact on the availability of the affected marine
mammal stock for subsistence uses. The LOA describes the permissible
methods of taking and includes requirements pertaining to the
mitigation, monitoring and reporting of such taking.
Dated: February 4, 2009.
P. Michael Payne,
Chief, Permits, Conservation, and Recreation, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E9-2661 Filed 2-6-09; 8:45 am]
BILLING CODE 3510-22-S
