Taking and Importing Marine Mammals; Navy Training and Research, Development, Testing, and Evaluation Activities Conducted within the Mariana Islands Range Complex, 11530-11531 [E9-5891]

Download as PDF 11530 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices Western Pacific Fishery Management Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813; telephone: (808) 522–8220. FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; telephone: (808) 522–8220. SUPPLEMENTARY INFORMATION: The PPT will meet between April 29 and May 1, 2009 at the Council Conference Room to discuss the following agenda items: Wednesday, April 29, 2009, 8.30 a.m. 1. Introduction 2. Annual Report review a. Review 2008 Annual Report modules and recommendations i. CNMI ii. American Samoa iii. Guam iv. Hawaii v. International vi. Recreational b. 2008 Annual Report region wide recommendations tjames on PRODPC61 with NOTICES Jkt 217001 Authority: 16 U.S.C. 1801 et seq. Dated: March 13, 2009. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–5797 Filed 3–17–09; 8:45 am] DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XO08 3. Summary of current Fishery Management Plan amendment actions 4. Hawaii Swordfish Fishery Effort 5. Bigeye tuna quota 6. Conservation and Management Measures from Western and Central Pacific Fishery Commission 7. Analysis of mahimahi and ono catch data 8. Marine Mammal Advisory Committee Recommendations 9. Offshore handline fishery limited entry program 10. Recreational fisheries developments (Marine Recreational Fisheries Improvement Program) 11. Other business 12. Public comments 13. Pelagic Plan Team Recommendations The order in which the agenda items are addressed may change. The PPT will meet as late as necessary to complete scheduled business. Although non-emergency issues not contained in this agenda may come before the PPT for discussion, those issues may not be the subject of formal action during these meetings. Plan Team action will be restricted to those issues specifically listed in this document and any issue arising after publication of this document that requires emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council(s intent to take final action to address the emergency. 14:48 Mar 17, 2009 These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522–8220 (voice) or (808) 522– 8226 (fax), at least 5 days prior to the meeting date. BILLING CODE 3510–22–S Thursday & Friday, April 30–May 1, 2009, 8.30 a.m. VerDate Nov<24>2008 Special Accommodations Taking and Importing Marine Mammals; Navy Training and Research, Development, Testing, and Evaluation Activities Conducted within the Mariana Islands Range Complex 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. AGENCY: SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to military readiness training activities and research, development, testing and evaluation (RDT&E) to be conducted in the Mariana Islands Range Complex (MIRC) for the period beginning December 2009 and ending December 2014. 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 April 17, 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 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 providing email comments is PR1.0648– XO08@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: http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm. The Navy’s Draft Environmental Impact Statement (DEIS) for MIRC was made available to the public on January 30, 2009, and may be viewed at http:// www.marianasrangecomplexeis.com/. During the initial 45–day public comment period, the Navy hosted four public hearings. 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) 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 may be granted if NMFS finds that the taking will have no more than 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 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 E:\FR\FM\18MRN1.SGM 18MRN1 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 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]. tjames on PRODPC61 with NOTICES Summary of Request In August 2008, NMFS received an application from the Navy requesting authorization to take individuals of 28 species of marine mammals (all cetaceans) incidental to upcoming training and RDT&E activities to be conducted in the MIRC over the course of 5 years. The Navy provided an addendum to the application in February 2009. NMFS subsequently requested additional information, which was received in March 2009. These training and RDT&E activities are classified as military readiness activities. The Navy states that these training activities may expose some of the marine mammals present in the area to sound from various active tactical sonar sources or to pressure from underwater detonations. The Navy requests authorization to take individuals of 28 species of cetaceans by Level B Harassment. Further, the Navy requests authorization to take 9 individual beaked whales (of any of the following species: Blainville’s beaked whale, Cuvier’s beaked whale, Ginkgotoothed whale, Longman’s beaked whale) and one pantropical spotted dolphin by serious injury or mortality over the course of the 5–year rule. Specified Activities In the application submitted to NMFS, the Navy requests authorization to take marine mammals incidental to conducting training events and RDT&E utilizing mid- and high frequency active sonar sources and explosive detonations. These sonar and explosive sources will be utilized during Antisubmarine Warfare (ASW) Tracking and Torpedo Exercises, ASW Major Exercises (Multi Strike Group Exercises, Joint Expeditionary Exercises, and others), Extended Echo Ranging and Improved Extended Echo Ranging (EER/ IEER) events, Missile Exercises, Gunnery Exercises, Bombing Exercises, Sinking Exercises, and Demolitions. Table 1–3 in the application lists the activity types, the equipment and platforms involved, and the duration and potential locations of the activities. Information Solicited Interested persons may submit information, suggestions, and comments concerning the Navy’s request (see VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 ADDRESSES). All information, suggestions, and comments related to the Navy’s MIRC request and NMFS’ potential development and implementation of regulations governing the incidental taking of marine mammals by the Navy’s MIRC activities will be considered by NMFS in developing, if appropriate, the most effective regulations governing the issuance of letters of authorization. Dated: March 12, 2009. P. Michael Payne, Chief, Division of Permits, Conservation, and Education, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–5891 Filed 3–17–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Notice: Broadband Grant Programs Meetings AGENCY: National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce. ACTION: Notice of Meetings, Clarification. SUMMARY: On February 24, 2009, the National Telecommunications and Information Administration (NTIA) published a Notice in the Federal Register announcing its intention to begin holding meetings on March 2, 2009, in connection with the broadband grant programs described in the Broadband Data Services Improvement Act, Public Law No. 110–385, and the American Recovery and Reinvestment Act of 2009 (Recovery Act), Public Law No. 111–5 (collectively, ‘‘Broadband Grant Programs’’). This Notice provides clarification regarding those meetings. DATES: March 16, 2009. ADDRESSES: U.S. Department of Commerce, National Telecommunications and Information Administration, 1401 Constitution Avenue, N.W., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Barbara Brown at (202) 482–4374 or bbrown@ntia.doc.gov. On February 24, 2009, NTIA published a Notice announcing a joint public meeting with the U.S. Department of Agriculture (USDA) and the Federal Communications Commission (FCC) to discuss the Broadband Initiatives contained in the Recovery Act. See Joint Notice of Public Meeting, 74 Fed. Reg. 8914 (Feb. 27, 2009) (announcing a joint SUPPLEMENTARY INFORMATION: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 11531 public meeting on March 10, 2009). At the same time, NTIA published a Notice announcing its intention to begin holding meetings on March 2, 2009 in response to numerous requests received from individuals and groups interested in the program. See Notice of Meetings, 74 Fed. Reg. 8233 (Feb. 24, 2009). This Notice explained the manner in which individuals and groups could request meetings and the treatment of such meetings as ex parte presentations. Since the publication of these Notices, NTIA has received over 2,500 requests for meetings from interested parties. Subsequently, NTIA and USDA’s Rural Utilities Service announced that the agencies would hold six public meetings on March 16, 17, 18, 19, 23, and 24, 2009, about the new broadband grants, loans, and loan guarantees funded by the Recovery Act and accept written comments about the programs through April 13, 2009. See Joint Request for Information and Notice of Public Meetings, 74 Fed. Reg. 10716 (March 12, 2009). These public meetings will be conducted as roundtables, will be open to the public, and also will be webcast. Transcripts and all written comments received also will be available. Participation in the public meetings and the filing of written comments is encouraged. For further information about these meetings and to submit and view written comments, please see NTIA’s website at http:// www.ntia.doc.gov/broadbandgrants/. As a result of the overwhelming demand from interested parties for meetings and the expedited time frames in the Recovery Act for making the broadband grant, loan, and loan guarantee funds available, NTIA will not able to accommodate all meeting requests received. The agency, however, does reserve the right to schedule such ex parte meetings as necessary to fulfill the needs of the Broadband Grant Program. All other information provided in the Notice of Meetings remains unchanged. Dated: March 13, 2009. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration. [FR Doc. E9–5838 Filed 3–13–09; 4:15 pm] BILLING CODE 3510–60–S CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Proposed Information Collection; Comment Request AGENCY: Corporation for National and Community Service. E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11530-11531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5891]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO08


Taking and Importing Marine Mammals; Navy Training and Research, 
Development, Testing, and Evaluation Activities Conducted within the 
Mariana Islands Range Complex

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 to take marine mammals incidental to military readiness 
training activities and research, development, testing and evaluation 
(RDT&E) to be conducted in the Mariana Islands Range Complex (MIRC) for 
the period beginning December 2009 and ending December 2014. 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 April 
17, 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-XO08@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: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The Navy's 
Draft Environmental Impact Statement (DEIS) for MIRC was made available 
to the public on January 30, 2009, and may be viewed at http://
www.marianasrangecomplexeis.com/. During the initial 45-day public 
comment period, the Navy hosted four public hearings.

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) 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 may be granted if NMFS finds 
that the taking will have no more than 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 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

[[Page 11531]]

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 August 2008, NMFS received an application from the Navy 
requesting authorization to take individuals of 28 species of marine 
mammals (all cetaceans) incidental to upcoming training and RDT&E 
activities to be conducted in the MIRC over the course of 5 years. The 
Navy provided an addendum to the application in February 2009. NMFS 
subsequently requested additional information, which was received in 
March 2009. These training and RDT&E activities are classified as 
military readiness activities. The Navy states that these training 
activities may expose some of the marine mammals present in the area to 
sound from various active tactical sonar sources or to pressure from 
underwater detonations. The Navy requests authorization to take 
individuals of 28 species of cetaceans by Level B Harassment. Further, 
the Navy requests authorization to take 9 individual beaked whales (of 
any of the following species: Blainville's beaked whale, Cuvier's 
beaked whale, Ginkgo-toothed whale, Longman's beaked whale) and one 
pantropical spotted dolphin by serious injury or mortality over the 
course of the 5-year rule.

Specified Activities

    In the application submitted to NMFS, the Navy requests 
authorization to take marine mammals incidental to conducting training 
events and RDT&E utilizing mid- and high frequency active sonar sources 
and explosive detonations. These sonar and explosive sources will be 
utilized during Anti-submarine Warfare (ASW) Tracking and Torpedo 
Exercises, ASW Major Exercises (Multi Strike Group Exercises, Joint 
Expeditionary Exercises, and others), Extended Echo Ranging and 
Improved Extended Echo Ranging (EER/IEER) events, Missile Exercises, 
Gunnery Exercises, Bombing Exercises, Sinking Exercises, and 
Demolitions. Table 1-3 in the application lists the activity types, the 
equipment and platforms involved, and the duration and potential 
locations of the 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 MIRC 
request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's MIRC activities will be considered by NMFS in developing, if 
appropriate, the most effective regulations governing the issuance of 
letters of authorization.

    Dated: March 12, 2009.
P. Michael Payne,
Chief, Division of Permits, Conservation, and Education, Director, 
Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-5891 Filed 3-17-09; 8:45 am]
BILLING CODE 3510-22-S