Taking and Importing Marine Mammals; Navy Training Activities Conducted Within the Northwest Training Range Complex (NWTRC) and Military Training Activities and Research, Development, Testing and Evaluation Conducted Within the Mariana Islands Range Complex (MIRC), 79342-79343 [2010-31920]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Notices]
[Pages 79342-79343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN34


Taking and Importing Marine Mammals; Navy Training Activities 
Conducted Within the Northwest Training Range Complex (NWTRC) and 
Military Training Activities and Research, Development, Testing and 
Evaluation Conducted Within the Mariana Islands Range Complex (MIRC)

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice; issuance of letters of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and 
implementing regulations, notification is hereby given that two 1-year 
letters of authorization (LOA) have been issued to the U.S Navy (Navy) 
for the incidental take of marine mammals during: Navy activities 
within the NWTRC, off the coasts of Washington, Oregon, and northern 
California, for the period of October 2010 through October 2011, and; 
Navy activities conducted in the Mariana Islands Range Complex (MIRC) 
study area for the period of July 2010 through July 2011. 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: The NWTRC LOA is effective November 12, 2010, through November 
11, 2011, and the MIRC LOA is effective August 12, 2010 through August 
11, 2011.

ADDRESSES: The LOAs 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#applications.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 166.

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 one 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 (Pub. L. 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 Requests

NWTRC

    In September 2008, NMFS received an application from the Navy 
requesting authorization for the take of individuals of 26 species of 
marine mammals incidental to upcoming Navy training activities to be 
conducted within the NWTRC, which extends west to 250 nautical miles 
(nm) (463 kilometers [km]) beyond the coast of Northern California, 
Oregon, and Washington and east to Idaho and encompasses 122,400 nm\2\ 
(420,163 km\2\) of surface/subsurface ocean operating areas. These 
training activities are military readiness activities under the 
provisions of the NDAA. These activities are classified as

[[Page 79343]]

military readiness activities. These activities may incidentally take 
marine mammals present within the NWTRC Study Area 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's model, which did not factor in any 
potential benefits of mitigation measures, predicted that 13 individual 
marine mammals would be exposed to levels of sound or pressure that 
would result in injury; thus, NMFS is authorizing the take of 13 
individuals per year by Level A Harassment. However, NMFS and the Navy 
have determined that injury can most likely be avoided through the 
implementation of the required mitigation measures. No mortality of 
marine mammals is anticipated or authorized incidental to naval 
exercises in the NWTRC.

MIRC

    In August 2008, NMFS received an application from the Navy 
requesting authorization for the take of individuals of 26 species of 
marine mammals incidental to upcoming Department of Defense (including 
Navy, USMC, and USAF) training and research, development, testing, and 
evaluation (RDT&E) activities to be conducted within the MIRC study 
area, which encompasses a 501,873-square-nautical mile (nm\2\) area 
around the islands, including Guam, Tinian, Saipan, Rota, Farallon de 
Medinilla, and also includes ocean areas in both the Pacific Ocean and 
the Philippine Sea. These training activities are military readiness 
activities under the provisions of the NDAA. These military activities 
may incidentally take marine mammals present within the MIRC study area 
by exposing them to sound from mid-frequency or high frequency active 
sonar (MFAS/HFAS) or underwater detonations. After submitting 
supplemental applications, the Navy requested authorization to take 
individuals of 26 species of marine mammals by Level B Harassment, 2 
individuals of 2 species by Level A Harassment annually, and 10 
individual beaked whales by mortality over the course of the 5-year 
regulations. The Navy's model, which did not factor in any potential 
benefits of mitigation measures, predicted that 2 individual marine 
mammals would be exposed to levels of sound or pressure that would 
result in injury; thus, NMFS is authorizing the take, by Level A 
Harassment of 2 individuals per year. However, NMFS and the Navy have 
determined that injury can most likely be avoided through the 
implementation of the Navy's proposed mitigation measures. Further, 
although it does not anticipate that it will occur, the Navy requested, 
and NMFS is authorizing the take, by injury or mortality, of up to 10 
beaked whales over the course of the 5-year regulations.

Authorizations

NWTRC

    On November 10, 2010, NMFS' final rule governing the take of marine 
mammals incidental the Navy's activities in the NWTRC became effective. 
In accordance with the final rule, NMFS issued an LOA to the Navy on 
November 12, 2010, authorizing harassment of individuals or 26 species 
of marine mammals incidental to U.S. Navy training activities in the 
NWTRC. Issuance of this LOA is based on findings, described in the 
preamble to the final rule (75 FR 69296, November 10, 2010), 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.

MIRC

    On August 3, 2010, NMFS' final rule governing the take of marine 
mammals incidental the Navy's activities in the MIRC became effective. 
In accordance with the final rule, NMFS issued an LOA to the Navy on 
August 12, 2010, authorizing harassment of individuals of 26 species of 
marine mammals and mortality of 10 individual beaked whales incidental 
to U.S. military training and RDT&E activities in the MIRC Study Area 
(as noted above, mortality of beaked whales may not exceed 10 
individuals in the five years covered by the regulations). Issuance of 
this LOA is based on findings, described in the preamble to the final 
rule (75 FR 45527, August 3, 2010), 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: December 13, 2010.
Jolie Harrison,
Acting Chief, Permits, Conservation, and Recreation, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-31920 Filed 12-17-10; 8:45 am]
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