Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in Three East Coast Range Complexes, 34428-34429 [2010-14662]

Download as PDF 34428 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Notices LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT— Continued [4/28/2010 through 6/7/2010] Firm Everbrite Electronics, Inc. ....... H. H. Fessler Knitting Co, Inc. d/b/a FesslerUSA. 720 W. Cherry Street, Chanute, KS 66720. 216 West Independence, Orwigsburg, PA 17961. Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 7106, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the procedures set forth in Section 315.9 of EDA’s final rule (71 FR 56704) for procedures for requesting a public hearing. The Catalog of Federal Domestic Assistance official program number and title of the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance. Dated: June 11, 2010. Miriam J. Kearse, Eligibility Certifier. [FR Doc. 2010–14612 Filed 6–16–10; 8:45 am] BILLING CODE 3510–24–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XW61 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in Three East Coast Range Complexes mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of three 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 three one-year Letters of Authorization (LOAs) to take marine mammals by harassment incidental to the U.S. Navy’s training activities within the Navy’s Virginia Capes (VACAPES), Jacksonville (JAX), and Cherry Point Range VerDate Mar<15>2010 16:13 Jun 16, 2010 Date accepted products for filing Address Jkt 220001 6/7/2010 6/7/2010 Products Electronic switching power supplies for neon signs and LED based products and related components. FesslerUSA manufactures custom women and children’s apparel and provides design and production. Complexes to the Commander, U.S. Fleet Forces Command, 1562 Mitscher Avenue, Suite 250, Norfolk, VA 23551– 2487 and persons operating under his authority. DATES: Effective from June 5, 2010, through June 4, 2011. ADDRESSES: Copies of the Navy’s January 28, 2010, LOA applications, the LOAs, the Navy’s 2009 marine mammal monitoring report and the Navy’s 2009 exercise report are available by writing to P. Michael Payne, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910, by telephoning the contact listed here (see FOR FURTHER INFORMATION CONTACT), or online at: http:// 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: Shane Guan, Office of Protected Resources, NMFS (301) 713–2289 x 137. 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 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 training activities at the Navy’s VACAPES, JAX, and Cherry Point Range Complexes were published on June 15, 2009 (VACAPES: 74 FR 28328; JAX: 74 FR 28349; Cherry Point: 74 FR 28370), and remain in effect through June 4, 2014. They are codified at 50 CFR part 218 subpart A (for VACAPES Range Complex), subpart B (for JAX Range Complex), and subpart C (for Cherry Point Range Complex). These regulations include mitigation, monitoring, and reporting requirements for the incidental taking of marine mammals by the Navy’s range complex training exercises. For detailed information on these actions, please refer to the June 15, 2009 Federal Register Notices and 50 CFR part 218 subparts A, B, and C. Summary of LOA Request NMFS received an application from the U.S. Navy for three LOAs covering the Navy’s training activities at the VACAPES, JAX, and Cherry Point Range Complexes off the US East Coast under the regulations issued on June 15, 2009 (VACAPES: 74 FR 28328; JAX: 74 FR 28349; Cherry Point: 74 FR 28370). The Navy requested that these LOAs become effective on June 5, 2010. The application requested authorization, for a period not to exceed one year, to take, by harassment, marine mammals incidental to proposed training activities that involve underwater explosives. Summary of Activity under the 2009 LOA As described in the Navy’s exercise reports, in 2009, the training activities conducted by the Navy were within the scope and amounts contemplated by the final rule and authorized by the 2009 LOAs. In fact, the number of training E:\FR\FM\17JNN1.SGM 17JNN1 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Notices exercises was below the Navy’s proposed 2009 operations. Planned Activities for 2010 In 2010, the Navy expects to conduct the same type and amount of training identified in the final rules and 2009 LOAs. No modification is proposed by the Navy for its planned 2010 activities. Estimated Take for 2010 The estimated takes for the Navy’s proposed 2010 training exercises are the same as those in authorized in 2009. No change has been made in the estimated takes from the 2009 LOAs. Summary of Monitoring, Reporting, and other requirements under the 2009 LOA Annual Exercise Reports The Navy submitted their 2009 exercise report within the required timeframes and it is posted on NMFS website: http://www.nmfs.noaa.gov/pr/ permits/incidental.htm. NMFS has reviewed the report and it contains the information required by the 2009 LOAs. The report lists the amount of training exercises conducted between June 2009 and January 2010. For training exercises conducted at the VACAPES Range Complex, the Navy conducted 26 exercises out of the total of 176 proposed. For training exercises at the JAX Range Complex, the Navy conducted 4 out of 175 exercises proposed. No training exercise was conducted at the Cherry Point Range Complex, though a total of 38 exercises were proposed. mstockstill on DSKH9S0YB1PROD with NOTICES Monitoring and Annual Monitoring Reports The Navy conducted the monitoring required by the 2009 LOA and described in the Monitoring Plan, which included aerial and vessel surveys of training exercises by marine mammal observers. The Navy submitted their 2009 Monitoring Report, which is posted on NMFS’ website (http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm), within the required timeframe. The Navy included a summary of their 2009 monitoring effort and results (beginning on page 3 of the monitoring report). Integrated Comprehensive Management Program (ICMP) Plan The ICMP will be used both as: (1) a planning tool to focus Navy monitoring priorities (pursuant to ESA/MMPA requirements) across Navy Range Complexes and Exercises; and (2) an adaptive management tool, through the consolidation and analysis of the Navy’s monitoring and watchstander data, as VerDate Mar<15>2010 16:13 Jun 16, 2010 Jkt 220001 well as new information from other Navy programs (e.g., research and development), and other appropriate newly published information. The Navy finalized a 2009 ICMP Plan outlining the program on December 22, 2009, as required by the 2009 LOA. The ICMP may be viewed at: http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm. The ICMP is a program that will be in place for years and NMFS and Navy anticipate the ICMP may need to be updated yearly in order to keep pace with new advances in science and technology and the collection of new data.. In the 2009 ICMP Plan, the Navy outlines three areas of targeted development for 2010, including: • Identifying more specific monitoring sub-goals under the major goals that have been identified • Characterizing Navy Range Complexes and Study Areas within the context of the prioritization guidelines described here • Continuing to Develop Data Management, Organization and Access Procedures Adaptive Management and 2010 Monitoring Plan NMFS and the Navy conducted an adaptive management meeting in October 2009 wherein we reviewed the Navy monitoring results through August 1, 2009, discussed other Navy research and development efforts, and discussed other new information that could potentially inform decisions regarding Navy mitigation and monitoring. Because this is the first year of the regulation’s period of effectiveness, the review only covered about 7 months of monitoring, which limited NMFS and the Navy’s ability to undertake a robust review of the Navy’s exercises and their effects on marine mammals. Based on the implementation of the 2009 monitoring, the Navy proposed some minor modifications to their monitoring plan for 2010 for VACAPES and JAX Range Complex training exercises, which NMFS agreed were appropriate. Beyond those changes, none of the information discussed led NMFS to recommend any modifications to the existing mitigation or monitoring measures. The final modifications to the monitoring plan and justifications are described in Section 7(b)(i)(A) of the 2010 LOAs for VACAPES and JAX Range Complexes, which may be viewed at: http://www.nmfs.noaa.gov/ pr/permits/incidental.htm. As additional data is obtained in subsequent years, NMFS and Navy will be better positioned to conduct more extensive reviews and modify existing PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 34429 mitigation and monitoring measures, if appropriate. Authorization The Navy complied with the requirements of the 2009 LOAs. Based on our review of the record, NMFS has determined that the marine mammal take resulting from the 2009 military readiness training and research activities falls within the levels previously anticipated, analyzed, and authorized, and was likely lower given the fact that Navy conducted fewer operations in 2009 than originally planned. Further, the level of taking authorized in 2010 for the Navy’s training exercises at VACAPES, JAX, and Cherry Point Range Complexes is consistent with our previous findings made for the total taking allowed under these Range Complexes regulations. Finally, the record supports NMFS’ conclusion that the total number of marine mammals taken by the 2010 training exercises at VACAPES, JAX, and Cherry Point Range Complexes will have no more than a negligible impact on the affected species or stock of marine mammals and will not have an unmitigable adverse impact on the availability of these species or stocks for taking for subsistence uses. Accordingly, NMFS has issued three one-year LOAs for Navy training exercises conducted at these East Coast Range Complexes from June 5, 2010, through Juan 4, 2011. Dated: June 3, 2010. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–14662 Filed 6–16–10; 8:45 am] BILLING CODE 3510–22–S COMMODITY FUTURES TRADING COMMISSION Petition of Hard Eight Futures, LLC for Exemptive Relief, Pursuant to Section 4(c) of the Commodity Exchange Act, From Section 2(a)(1)(C)(iv) of the Commodity Exchange Act and Appendix D to Part 30 of the Rules of the Commodity Futures Trading Commission AGENCY: Commodity Futures Trading Commission. ACTION: Notice of petition and request for comment. SUMMARY: Hard Eight Futures, LLC (‘‘HEF’’) has petitioned the Commodity Futures Trading Commission (‘‘Commission’’ or ‘‘CFTC’’) for exemptive relief, pursuant to Section 4(c) of the Commodity Exchange Act E:\FR\FM\17JNN1.SGM 17JNN1

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[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Notices]
[Pages 34428-34429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14662]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW61


Taking and Importing Marine Mammals: Taking Marine Mammals 
Incidental to Navy Training Exercises in Three East Coast Range 
Complexes

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

ACTION:  Notice; issuance of three 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 three one-year Letters of Authorization (LOAs) to 
take marine mammals by harassment incidental to the U.S. Navy's 
training activities within the Navy's Virginia Capes (VACAPES), 
Jacksonville (JAX), and Cherry Point Range Complexes to the Commander, 
U.S. Fleet Forces Command, 1562 Mitscher Avenue, Suite 250, Norfolk, VA 
23551-2487 and persons operating under his authority.

DATES:  Effective from June 5, 2010, through June 4, 2011.

ADDRESSES:  Copies of the Navy's January 28, 2010, LOA applications, 
the LOAs, the Navy's 2009 marine mammal monitoring report and the 
Navy's 2009 exercise report are available by writing to P. Michael 
Payne, Chief, Permits, Conservation, and Education Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910, by telephoning the contact listed 
here (see FOR FURTHER INFORMATION CONTACT), or online at: http://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:  Shane Guan, Office of Protected 
Resources, NMFS (301) 713-2289 x 137.

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 training activities at the Navy's VACAPES, JAX, and 
Cherry Point Range Complexes were published on June 15, 2009 (VACAPES: 
74 FR 28328; JAX: 74 FR 28349; Cherry Point: 74 FR 28370), and remain 
in effect through June 4, 2014. They are codified at 50 CFR part 218 
subpart A (for VACAPES Range Complex), subpart B (for JAX Range 
Complex), and subpart C (for Cherry Point Range Complex). These 
regulations include mitigation, monitoring, and reporting requirements 
for the incidental taking of marine mammals by the Navy's range complex 
training exercises. For detailed information on these actions, please 
refer to the June 15, 2009 Federal Register Notices and 50 CFR part 218 
subparts A, B, and C.

Summary of LOA Request

    NMFS received an application from the U.S. Navy for three LOAs 
covering the Navy's training activities at the VACAPES, JAX, and Cherry 
Point Range Complexes off the US East Coast under the regulations 
issued on June 15, 2009 (VACAPES: 74 FR 28328; JAX: 74 FR 28349; Cherry 
Point: 74 FR 28370). The Navy requested that these LOAs become 
effective on June 5, 2010. The application requested authorization, for 
a period not to exceed one year, to take, by harassment, marine mammals 
incidental to proposed training activities that involve underwater 
explosives.

Summary of Activity under the 2009 LOA

    As described in the Navy's exercise reports, in 2009, the training 
activities conducted by the Navy were within the scope and amounts 
contemplated by the final rule and authorized by the 2009 LOAs. In 
fact, the number of training

[[Page 34429]]

exercises was below the Navy's proposed 2009 operations.

Planned Activities for 2010

    In 2010, the Navy expects to conduct the same type and amount of 
training identified in the final rules and 2009 LOAs. No modification 
is proposed by the Navy for its planned 2010 activities.

Estimated Take for 2010

    The estimated takes for the Navy's proposed 2010 training exercises 
are the same as those in authorized in 2009. No change has been made in 
the estimated takes from the 2009 LOAs.

Summary of Monitoring, Reporting, and other requirements under the 2009 
LOA

Annual Exercise Reports

    The Navy submitted their 2009 exercise report within the required 
timeframes and it is posted on NMFS website: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. NMFS has reviewed the report and it contains 
the information required by the 2009 LOAs. The report lists the amount 
of training exercises conducted between June 2009 and January 2010. For 
training exercises conducted at the VACAPES Range Complex, the Navy 
conducted 26 exercises out of the total of 176 proposed. For training 
exercises at the JAX Range Complex, the Navy conducted 4 out of 175 
exercises proposed. No training exercise was conducted at the Cherry 
Point Range Complex, though a total of 38 exercises were proposed.

Monitoring and Annual Monitoring Reports

    The Navy conducted the monitoring required by the 2009 LOA and 
described in the Monitoring Plan, which included aerial and vessel 
surveys of training exercises by marine mammal observers. The Navy 
submitted their 2009 Monitoring Report, which is posted on NMFS' 
website (http://www.nmfs.noaa.gov/pr/permits/incidental.htm), within 
the required timeframe. The Navy included a summary of their 2009 
monitoring effort and results (beginning on page 3 of the monitoring 
report).

Integrated Comprehensive Management Program (ICMP) Plan

    The ICMP will be used both as: (1) a planning tool to focus Navy 
monitoring priorities (pursuant to ESA/MMPA requirements) across Navy 
Range Complexes and Exercises; and (2) an adaptive management tool, 
through the consolidation and analysis of the Navy's monitoring and 
watchstander data, as well as new information from other Navy programs 
(e.g., research and development), and other appropriate newly published 
information. The Navy finalized a 2009 ICMP Plan outlining the program 
on December 22, 2009, as required by the 2009 LOA. The ICMP may be 
viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
    The ICMP is a program that will be in place for years and NMFS and 
Navy anticipate the ICMP may need to be updated yearly in order to keep 
pace with new advances in science and technology and the collection of 
new data.. In the 2009 ICMP Plan, the Navy outlines three areas of 
targeted development for 2010, including:
     Identifying more specific monitoring sub-goals under the 
major goals that have been identified
     Characterizing Navy Range Complexes and Study Areas within 
the context of the prioritization guidelines described here
     Continuing to Develop Data Management, Organization and 
Access Procedures

Adaptive Management and 2010 Monitoring Plan

    NMFS and the Navy conducted an adaptive management meeting in 
October 2009 wherein we reviewed the Navy monitoring results through 
August 1, 2009, discussed other Navy research and development efforts, 
and discussed other new information that could potentially inform 
decisions regarding Navy mitigation and monitoring. Because this is the 
first year of the regulation's period of effectiveness, the review only 
covered about 7 months of monitoring, which limited NMFS and the Navy's 
ability to undertake a robust review of the Navy's exercises and their 
effects on marine mammals. Based on the implementation of the 2009 
monitoring, the Navy proposed some minor modifications to their 
monitoring plan for 2010 for VACAPES and JAX Range Complex training 
exercises, which NMFS agreed were appropriate. Beyond those changes, 
none of the information discussed led NMFS to recommend any 
modifications to the existing mitigation or monitoring measures. The 
final modifications to the monitoring plan and justifications are 
described in Section 7(b)(i)(A) of the 2010 LOAs for VACAPES and JAX 
Range Complexes, which may be viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. As additional data is obtained in subsequent 
years, NMFS and Navy will be better positioned to conduct more 
extensive reviews and modify existing mitigation and monitoring 
measures, if appropriate.

Authorization

    The Navy complied with the requirements of the 2009 LOAs. Based on 
our review of the record, NMFS has determined that the marine mammal 
take resulting from the 2009 military readiness training and research 
activities falls within the levels previously anticipated, analyzed, 
and authorized, and was likely lower given the fact that Navy conducted 
fewer operations in 2009 than originally planned. Further, the level of 
taking authorized in 2010 for the Navy's training exercises at VACAPES, 
JAX, and Cherry Point Range Complexes is consistent with our previous 
findings made for the total taking allowed under these Range Complexes 
regulations. Finally, the record supports NMFS' conclusion that the 
total number of marine mammals taken by the 2010 training exercises at 
VACAPES, JAX, and Cherry Point Range Complexes will have no more than a 
negligible impact on the affected species or stock of marine mammals 
and will not have an unmitigable adverse impact on the availability of 
these species or stocks for taking for subsistence uses. Accordingly, 
NMFS has issued three one-year LOAs for Navy training exercises 
conducted at these East Coast Range Complexes from June 5, 2010, 
through Juan 4, 2011.

    Dated: June 3, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-14662 Filed 6-16-10; 8:45 am]
BILLING CODE 3510-22-S