Taking and Importing Marine Mammals; U.S. Navy Training in the Southern California Range Complex, 7590-7591 [E9-3436]
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Federal Register / Vol. 74, No. 31 / Wednesday, February 18, 2009 / Notices
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:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XN34
Taking and Importing Marine
Mammals; U.S. Navy’s Atlantic Fleet
Active Sonar Training (AFAST)
AGENCY: National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice; issuance of a letter of
authorization.
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.
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 the Navy’s Atlantic Fleet Active
Sonar Training (AFAST) activities
conducted off the Atlantic Coast and in
the Gulf of Mexico. 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 22, 2009,
through January 21, 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:
mstockstill on PROD1PC66 with NOTICES
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.
VerDate Nov<24>2008
17:45 Feb 17, 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
Frm 00007
Fmt 4703
Authorization
On January 22, 2009, NMFS’ final rule
governing the take of marine mammals
incidental the Navy’s AFAST activities
became effective. In accordance with the
final rule, NMFS issued an LOA to the
Navy on January 22, 2009, authorizing
Level B harassment of 40 species of
marine mammals and mortality of 10
individual beaked whales incidental to
U.S. Navy training, maintenance, and
RDT&E activities in the AFAST Study
Area. Issuance of this LOA is based on
findings, described in the preamble to
the final rule (74 FR 4844, January 27,
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 11, 2009.
P. Michael Payne,
Chief, Permits, Conservation, and Recreation,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. E9–3413 Filed 2–17–09; 8:45 am]
BILLING CODE 3510–22–S
On February 4, 2008, NMFS received
an application from the Navy requesting
authorization for the take of 40 species
of marine mammals incidental to
upcoming Navy AFAST activities,
including training, maintenance, and
research, development, testing, and
evaluation (RDT&E), to be conducted
within the AFAST Study Area, which
extends east from the Atlantic Coast of
the U.S. to 45° W. long. and south from
the Atlantic and Gulf of Mexico Coasts
to approximately 23° N. lat., but not
encompassing the Bahamas (see Figure
1 1 in the Navy’s Application), over the
course of 5 years. These activities are
classified as military readiness
activities. These activities may
incidentally take marine mammals
present within the AFAST Study Area
by exposing them to sound from midfrequency 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 40
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 individual
PO 00000
beaked whales over the course of the 5year regulations.
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XN35
Taking and Importing Marine
Mammals; U.S. Navy Training in the
Southern California Range Complex
AGENCY: National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice; issuance of a letter of
authorization.
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 Southern California
(SOCAL) Range Complex. These
activities are considered military
readiness activities pursuant to the
E:\FR\FM\18FEN1.SGM
18FEN1
Federal Register / Vol. 74, No. 31 / Wednesday, February 18, 2009 / Notices
Marine Mammal Protection Act
(MMPA), as amended by the National
Defense Authorization Act of 2004
(NDAA).
DATES: Effective January 22, 2009,
through January 21, 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:
mstockstill on PROD1PC66 with NOTICES
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
VerDate Nov<24>2008
17:45 Feb 17, 2009
Jkt 217001
7591
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].
Dated: February 11, 2009.
P. Michael Payne,
Chief, Permits, Conservation, and Recreation,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. E9–3436 Filed 2–17–09; 8:45 am]
Summary of Request
BILLING CODE 8011–01–P
On April 1, 2008, NMFS received an
application from the Navy requesting
authorization for the take of 37 species
of marine mammals incidental to
upcoming Navy training activities to be
conducted within the SOCAL Range
complex, which extends southwest
approximately 600 nm in the general
shape of a 200–nm wide rectangle (see
the Navy’s 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 SOCAL Range
Complex 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 37
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 individual
beaked whales over the course of the 5–
year regulations.
Authorization
On January 14, 2009, NMFS’ final rule
governing the take of marine mammals
incidental to U.S. Navy Training in the
SOCAL Range Complex became
effective. In accordance with the final
rule, NMFS issued an LOA to the Navy
on January 22, 2009, authorizing Level
B harassment of 37 species of marine
mammals and mortality of 10 individual
beaked whales incidental to U.S. Navy
training, maintenance, and RDT&E
activities in the SOCAL Range Complex.
Issuance of this LOA is based on
findings, described in the preamble to
the final rule (74 FR 3882, January 21,
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.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
DEPARTMENT OF EDUCATION
Office of Innovation and Improvement;
Overview Information: Charter School
Programs; Notice reopening fiscal year
(FY) 2009 competition for Charter
School Programs
Catalog of Federal Domestic Assistance
(CFDA) Number: 84.282A.
SUMMARY: On December 15, 2008, we
published in the Federal Register (73
FR 76014) a notice inviting applications
for new awards for FY 2009 for the
Charter School Programs (CSP). The
original notice for the FY 2009 CSP
competition established a January 29,
2009, deadline date for eligible
applicants to apply for funding under
this program. For this competition,
applicants are required to submit their
applications electronically through the
Governmentwide Grants.gov site
(www.Grants.gov). Grants.gov
experienced a substantial increase in
application submissions that resulted in
system slowness on the deadline date.
For this reason we are reopening and
establishing new deadline dates for the
FY 2009 competition for CSP.
Applicants must refer to the notice
inviting applications for new awards
that was published in the Federal
Register on December 15, 2009 (73 FR
76014) for all other requirements
concerning this reopened competition.
The new deadline dates are:
Deadline for Transmittal of
Applications: February 25, 2009.
Applications for grants under this
competition must be submitted
electronically using the Grants.gov
Apply site (Grants.gov). For information
(including dates and times) about how
to submit your application
electronically, please refer to section IV.
6. Other Submission Requirements in
the December 15, 2008, notice (73 FR
76016).
Note: For all applicants submitting a new
application in accordance with this notice,
please note that you must use the current
application package posted on Grants.gov.
That is, Grants.gov will reject any submission
from the earlier application package, which
was available on Grants.gov through the
original application deadline of January 29,
2009.
Deadline for Intergovernmental
Review: April 27, 2009.
E:\FR\FM\18FEN1.SGM
18FEN1
]]>Agencies
[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Notices]
[Pages 7590-7591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3436]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XN35
Taking and Importing Marine Mammals; U.S. Navy Training in the
Southern California Range Complex
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice; issuance of a letter of authorization.
-----------------------------------------------------------------------
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 Southern California (SOCAL) Range Complex.
These activities are considered military readiness activities pursuant
to the
[[Page 7591]]
Marine Mammal Protection Act (MMPA), as amended by the National Defense
Authorization Act of 2004 (NDAA).
DATES: Effective January 22, 2009, through January 21, 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 April 1, 2008, NMFS received an application from the Navy
requesting authorization for the take of 37 species of marine mammals
incidental to upcoming Navy training activities to be conducted within
the SOCAL Range complex, which extends southwest approximately 600 nm
in the general shape of a 200-nm wide rectangle (see the Navy's
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 SOCAL Range
Complex 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 37 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 individual beaked whales over the course of the 5-year regulations.
Authorization
On January 14, 2009, NMFS' final rule governing the take of marine
mammals incidental to U.S. Navy Training in the SOCAL Range Complex
became effective. In accordance with the final rule, NMFS issued an LOA
to the Navy on January 22, 2009, authorizing Level B harassment of 37
species of marine mammals and mortality of 10 individual beaked whales
incidental to U.S. Navy training, maintenance, and RDT&E activities in
the SOCAL Range Complex. Issuance of this LOA is based on findings,
described in the preamble to the final rule (74 FR 3882, January 21,
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 11, 2009.
P. Michael Payne,
Chief, Permits, Conservation, and Recreation, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E9-3436 Filed 2-17-09; 8:45 am]
BILLING CODE 8011-01-P
