Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy's Mission Activities at the Naval Surface Warfare Center Panama City Division, 3092-3095 [2011-1030]
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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices
Authority: 16 U.S.C. 1801 et seq.
Dated: January 13, 2011.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–1025 Filed 1–18–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA147
Endangered Species Permit No. 1578–
01 and Permit No. 1595–04
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit
amendments.
AGENCY:
Notice is hereby given the
following applicants have been issued a
modification to research permits (Permit
Nos. 1578 and 1595–03) to take
shortnose sturgeon for purposes of
scientific research:
Maine Department of Marine
Resources (MDMR) (Gail S.
Wippelhauser, Principal Investigator),
21 State House Station, Augusta, ME,
04333 (Permit No. 1578); and
Michael M. Hastings, University of
Maine, 5717 Corbett Hall, Orono, ME
04469, (Permit No. 1595–03).
ADDRESSES: The permit amendments
and related documents are available for
review upon written request or by
appointment in the following offices(s):
• Permits, Conservation and Education
Division, Office of Protected
Resources, NMFS, 1315 East-West
Highway, Room 13705, Silver Spring,
MD 20910; phone (301) 713–2289; fax
(301) 713–0376; and
• Northeast Region, NMFS, Protected
Resources Division, 55 Great Republic
Drive, Gloucester, MA 01930; phone
(978) 281–9328; fax (978) 281–9394.
FOR FURTHER INFORMATION CONTACT:
Malcolm Mohead or Colette Cairns,
(301) 713–2289.
SUPPLEMENTARY INFORMATION: On
September 24, 2010, notice was
published in the Federal Register (75
FR 58350) that a request for an
amendment to Permit No. 1578 and
Permit No. 1595–03 to conduct research
on shortnose sturgeon had been
submitted by the above-named
organizations. The requested permit
modifications have been issued under
the authority of the Endangered Species
Act of 1973, as amended (ESA; 16
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SUMMARY:
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U.S.C. 1531 et seq.) and the regulations
governing the taking, importing, and
exporting of endangered and threatened
species (50 CFR parts 222–226).
Permit Modification No. 1578–01
The existing permit authorized
sampling of 500 shortnose sturgeon
adults and sub-adults annually in the
main stem of the Kennebec River
between Augusta, ME and Lockwood
Dam focusing on the location of
spawning and foraging habitat,
migratory pathways, and effects of river
flow on migration and habitat use. The
researcher is now authorized to
document the use of other river systems
by shortnose sturgeon in the Gulf of
Maine (GOM) capturing up to 600 from
(1) The Kennebec River mouth to
Lockwood Dam; (2) the Androscoggin
River mouth to Brunswick Dam; (3) the
Sheepscot River mouth to Reversing
Falls; (4) the Sasanoa River, the Back
River, and Sagadahoc Bay; (5) Tottman
Cove; and (6) the lower Saco River. New
research methods include: use of Floy
tags for external identification;
endoscopic examination with
borescopes to verify sex; blood
sampling; gastric lavage for diet
analysis; scute sampling for elemental
analysis; and electro-narcosis for
anesthetization. Researchers are also
authorized an increase in the number of
fish acoustically tagged (up to 60
annually); and an increase of early life
stage sampling (up to 60 annually) in
the Kennebec complex and Saco River.
Permit Modification No. 1595–03
The objectives of the original research
remains the same as the modification,
assessing the distribution, movements,
abundance and spawning of shortnose
sturgeon in the Penobscot River system;
however, the number of shortnose
sturgeon captured with gill and trammel
nets is increased from 200 to 300
annually. Other new research activities
include: (1) Lowering the minimum
water temperature to 0°C in order to
sample shortnose sturgeon adults and
sub-adults; (2) using Floy tags for
externally identifying; (3) using electronarcosis for anesthetization; (4) using
scute sampling for elemental analysis;
(5) using gastric lavage for diet analysis;
and (6) including September to
December to sample early life stages.
As required by the ESA, issuance of
this permit was based on a finding that
such permit: (1) Was applied for in good
faith; (2) will not operate to the
disadvantage of such endangered
species; and (3) is consistent with the
purposes and policies set forth in
section 2 of the ESA.
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Dated: January 12, 2011.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–1039 Filed 1–18–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA100
Taking and Importing Marine
Mammals: Taking Marine Mammals
Incidental to Navy’s Mission Activities
at the Naval Surface Warfare Center
Panama City Division
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of a Letter of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that NMFS has issued a
one-year Letter of Authorization (LOA)
to take marine mammals by harassment
incidental to the U.S. Navy’s Research,
Development, Test and Evaluation
(RDT&E) mission activities at the Naval
Surface Warfare Center Panama City
Division (NSWC PCD) to the
Commander, U.S. Naval Surface Warfare
Center Panama City Division, 110
Vernon Avenue, Panama City, FL
32407–7001 and persons operating
under his authority.
DATES: Effective from January 21, 2011,
through January 20, 2012.
ADDRESSES: Copies of the Navy’s
September 2, 2010, LOA application,
the LOA, the Navy’s 2010 marine
species monitoring report and the
Navy’s 2010 annual mission activities
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: https://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 x137.
SUMMARY:
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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices
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 subsistence uses. In
addition, NMFS must prescribe
regulations that include permissible
methods of taking and other means of
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 RDT&E activities at the NSWC
PCD were published on January 21,
2010 (75 FR 3395), and remain in effect
through January 21, 2015. They are
codified at 50 CFR part 218 subpart S.
These regulations include mitigation,
monitoring, and reporting requirements
for the incidental taking of marine
mammals by the Navy’s RDT&E
activities. For detailed information on
these actions, please refer to the January
21, 2010 Federal Register notice and 50
CFR part 218 subpart S.
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Summary of LOA Request
NMFS received an application from
the U.S. Navy for an LOA covering the
Navy’s RDT&E activities at NSWC PCD
off the U.S. Gulf of Mexico under the
regulations issued on January 21, 2010
(75 FR 3395). The application requested
authorization, for a period not to exceed
one year, to take, by harassment, marine
mammals incidental to proposed
RDT&E activities that involve
underwater explosive detonation,
projectile firing, and sonar testing.
Summary of Activity Under the 2010
LOA
As described in the Navy’s exercise
report, which covered the period
between January and August 2010, the
RDT&E activities conducted by the Navy
were within the scope and amounts
contemplated by the final rule. None of
the testing events exceeded the average
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annual allotment except for the AN/
AQS–20 in non-territorial waters, which
exceeded the annual allotment by 9.3%,
but was still within the five-year total
allotment for this type of event. No test
activities involving underwater
explosive detonations and projectile
firing were conducted between January
and August 2010.
As shown in Tables 1 and 2, most of
the mid-frequency active sonar (MFAS)
and high-frequency active sonar (HFAS)
testing events were far below the levels
authorized in the annual LOA.
TABLE 1—TOTAL ANNUAL NUMBER OF
EACH TYPE OF MFAS AND HFAS
LISTED AT 50 CFR 218.180 CONDUCTED IN THE NSWC PCD STUDY
AREA IN TERRITORIAL WATERS
(NUMBER AUTHORIZED VS. CONDUCTED).
Sonar system
Number
authorized
(hrs)
AN/SQS–53/56
Kingfisher ..........
Sub-bottom profiler
(2–9 kHz) ..........
REMUS SAS–LF ..
REMUS Modem ....
Sub-bottom profiler
(2–16 kHz) ........
AN/SQQ–32 ..........
REMUS–SAS–LF
SAS–LF ................
AN/WLD–1RMS–
ACL ...................
BPAUV Sidescan ..
TVSS ....................
F84Y .....................
BPAUV Sidescan ..
REMUS–SAS–HF
SAS–HF ................
AN/AQS–20 * ........
AN/WLD–11 RMS
Navigation .........
BPAUV Sidescan ..
Number
conducted
(hrs)
3
0
21
12
25
0
12
25
24
30
20
35
24
0
20
35
33.5
25
15
15
25
10
11.5
545
26.3
0
0
0
0
0
0
27.3
15
30
0
0
TABLE 2—TOTAL ANNUAL NUMBER OF
EACH TYPE OF MFAS AND HFAS
LISTED AT 50 CFR 218.180 CONDUCTED IN THE NSWC PCD STUDY
AREA IN NON-TERRITORIAL WATERS
(NUMBER AUTHORIZED VS. CONDUCTED).—Continued
Sonar system
Number
authorized
(hrs)
Sub-bottom profiler
(2–16 kHz) ........
AN/SQQ–32 ..........
SAS–LF ................
AN/WLD–1RMS–
ACL ...................
BPAUV Sidescan ..
TVSS ....................
F84Y .....................
REMUS–SAS–HF
SAS–HF ................
AN/AQS–20 * ........
BPAUV Sidescan ..
Number
conducted
(hrs)
1
1
1
0
0
0
5
38
16.5
15
25
15
15
25
0
0
0
0
0
0
16.4
0
* In the 2010 LOA, this system was incorrectly listed as the AN/SQS–20.
Planned Activities for 2010
In 2010, the Navy expects to conduct
the same type and amount of RDT&E
activities identified in the final rules
and 2010 LOA. 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 RDT&E activities are the
same as those in authorized in 2010. No
change has been made in the estimated
takes from the 2010 LOA.
Summary of Monitoring, Reporting,
and Other Requirements Under the
2009 LOA
Annual Mission Activities Report
The Navy submitted their 2010
annual mission activities report
covering the period from January
through August 2010 within the
TABLE 2—TOTAL ANNUAL NUMBER OF required timeframes and it is posted on
EACH TYPE OF MFAS AND HFAS NMFS Web site: https://www.nmfs.noaa.
LISTED AT 50 CFR 218.180 CON- gov/pr/permits/incidental.htm#
DUCTED IN THE NSWC PCD STUDY applications. NMFS has reviewed the
AREA IN NON-TERRITORIAL WATERS report and it contains the information
(NUMBER AUTHORIZED VS. CON- required by the 2010 LOA. The report
lists the amount of hours sonar testing
DUCTED).
was conducted between January and
Number
Number
August 2010. During this time period,
Sonar system
authorized conducted NSWC PCD conducted 187.3 hours of
(hrs)
(hrs)
sonar testing, 169.6 hours in territorial
waters (Table 1) and 17.7 hours in nonAN/SQS–53/56
territorial waters (Table 2). No RDT&E
Kingfisher ..........
1
0
activities associated with underwater
Sub-bottom profiler
detonations were conducted during this
(2–9 kHz) ..........
1
0
REMUS Modem ....
12
1.3 period.
* In the 2010 LOA, this system was incorrectly listed as the AN/SQS–20.
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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices
Monitoring and Annual Monitoring
Reports
In the 2010 LOA to the Navy, it states
that the Navy ‘‘shall visually survey a
minimum of 2 HFAS/MFAS activities
and 2 explosive events per year’’ as
monitoring activities for the Navy’s
NSWC PCD RDT&E activities. NMFS
realized late that this was an error as
this was inconsistent with what was
agreed upon between NMFS and the
Navy. The Navy stated, and NMFS
agreed, that since the rule and the
associated LOA was expected to be
issued in late January 2010 (it was
actually issued on January 21, 2010), it
would not be feasible to conduct a
monitoring activity within the
remaining eight months of FY 2010
(between February and September
2010). Therefore, NMFS agreed with the
Navy that no monitoring would be
required for FY 2010. Nevertheless, the
Navy will be required to monitor a
minimum of 2 HFAS/MFAS activities
and 2 explosive events per year for the
remaining four years of the rule, given
that an adequate number of RDT&E
activities will be conducted during the
period.
The Navy submitted a marine species
monitoring report within the required
timeframes and it is posted on NMFS
Web site: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm#applications.
The monitoring report covers the period
between January and August 2010. From
January to August 2010, there have been
no monitoring opportunities available
for explosive or projectile firing events
in the NSWC PCD study area as none of
these activities were conducted. No
monitoring was conducted for sonar
activities during this period as the Navy
was working on awarding a monitoring
contract and developing standard
operating procedures. The Navy states
that the NSWC PCD Environmental
Office and Test and Evaluation Branch
has since identified the appropriate
contracting vehicle and worked with the
consulting firm to develop annual
budgetary, scheduling, and monitoring
support requirements.
The Navy will conduct two
monitoring activities for sonar activities
and two for explosive events in FY2011.
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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 marine observer data, as
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well as new information from other
Navy programs (e.g., research and
development), and other appropriate
newly published information. The Navy
updated its 2010 ICMP Plan and will
comply with the Plan. The ICMP may be
viewed at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm.
NOAA Workshops
In a January 19, 2010, letter to the
Council on Environmental Quality,
NOAA identified the need for two
interrelated workshops on marine
mammals and sound in the ocean. To
address this commitment, NOAA is
convening two parallel, focused,
relatively small, and product-driven
working groups. One will identify and
map cetacean ‘‘hot spots’’, defined as
areas of known, or reasonably
predictable, biological importance (i.e.,
for reproduction, feeding, migration)
and/or high densities. The second
working group will be directed toward
developing a comprehensive data
collection and analysis plan for
describing and predicting underwater
sound fields in different areas. The
outcomes of these working groups will
be integrated and analyzed in a broader
follow-on symposium to include a larger
audience of scientists, industries,
federal agencies, conservation managers,
and environmental NGOs. The final
products and analyses will provide a
more robust, comprehensive, and
context-specific biological and acoustic
basis by which to inform subsequent
management decisions regarding human
noise in our oceans. The steering
committee has been convened and met
for the first time in October 2010. The
working group efforts should take about
a year to complete, and we expect the
final symposium to be held in early
2012. The results of these working
groups will be analyzed by NMFS in an
adaptive management context, as related
to the Panama City final rule, and
mitigation or monitoring measures may
be modified, as appropriate.
Adaptive Management and 2010
Monitoring Plan
NMFS and the Navy conducted an
adaptive management meeting in
October 2010 wherein we reviewed the
Navy monitoring results through August
1, 2010, discussed other Navy research
and development efforts, and discussed
other new information that could
potentially inform decisions regarding
Navy mitigation and monitoring. Since
there was no monitoring conducted at
PCD during the first seven months of
2010 (from January 21 to August 1,
2010) as discussed above, no
modifications were made concerning
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the monitoring plan for the NSWC PCD
RDT&E activities.
Additionally, the monitoring
conducted under the Atlantic Fleet
Active Sonar Training (AFAST)
regulations (which also cover the Gulf of
Mexico), as well as under the Hawaii
Range Complex and Southern California
(SOCAL) Range Complex regulations,
was also considered at the October
adaptive management meeting. The
Navy’s implementation of the
monitoring plans under these other
regulations successfully contributed to
the following larger bodies of data: (1)
A greater knowledge and understanding
of the density and distribution of
species within the AFAST study area;
(2) the vocalizations of different species,
which advances the development of
automated classification software; (3)
the movement patterns of individual
(both vertically in the water column as
well as horizontally for the duration of
a DTAG deployment); and (4)
observable behavioral patterns of marine
mammals, before, during, and after
exposure to Navy training activities.
However, while the data collected by
the Navy through monitoring and
reporting builds upon the existing body
of information in a valuable way, none
of the new data contradict, or amend,
the assumptions that underlie the
findings in the 2010 PCD rule in a
manner that would suggest changing the
current mitigation or monitoring.
Authorization
The Navy complied with the
requirements of the 2010 LOA. Based on
our review of the Navy’s annual mission
activities report, which shows that the
amount of sonar testing hours was far
below the annual authorized levels and
that no underwater detonation and
projectile firing were conducted during
FY 2010, NMFS has determined that the
effects to marine mammals that resulted
from the 2010 NWSC PCD RDT&E
activities were likely lower than
analyzed. Although no monitoring
activities were conducted during the
Navy’s first seven months’ of activity for
FY 2010, the low level of activity
supports a conclusion that the total
number of marine mammals taken by
the RDT&E activities at the NSWC PCD
will have no more than a negligible
impact on the affected species or stock
of marine mammals. (There is no
subsistence use of marine mammals that
could potentially be impacted by the
Navy’s activities at NSWC PCD.)
Accordingly, NMFS has issued a oneyear LOA for Navy RDT&E activities at
the NSWC PCD from January 21, 2011,
through January 20, 2012.
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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices
Dated: January 13, 2011.
Helen Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2011–1030 Filed 1–18–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA025
Taking and Importing Marine
Mammals; U.S. Navy Training in the
Hawaii Range Complex
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of a Letter of
Authorization; request for comments on
Integrated Comprehensive Management
Program Plan.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notice is
hereby given that NMFS has issued a
Letter of Authorization (LOA) to the
U.S. Navy (Navy) to take marine
mammals incidental to training and
research activities conducted within the
Hawaii Range Complex (HRC) for the
period of January 15, 2011, through
January 14, 2012.
NMFS also provides notice that the
Integrated Comprehensive Management
Program (ICMP) Plan, which is intended
for use as a planning tool to focus Navy
monitoring priorities pursuant to the
MMPA and Endangered Species Act
(ESA), has been updated for 2010.
NMFS encourages the public to review
this document and provide comments,
information, and suggestions on the
ICMP Plan.
DATES: This Authorization is effective
from January 15, 2011, through January
14, 2012. Comments and information on
the ICMP Plan must be received no later
than February 28, 2011.
ADDRESSES: The LOA and supporting
documentation may be obtained by
writing to P. Michael Payne, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910, or by telephoning one of the
contacts listed here. The mailbox
address for providing e-mail comments
on the ICMP Plan is
ITP.Hopper@noaa.gov. Comments sent
via email, including all attachments,
must not exceed a 10-megabyte file size.
FOR FURTHER INFORMATION CONTACT:
Michelle Magliocca, Office of Protected
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SUMMARY:
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Resources, NMFS, 301–713–2289, ext.
123.
Section
101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs NMFS to allow,
upon request, the incidental taking of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing), if certain findings
are made by NMFS and regulations are
issued. Under the MMPA, the term
‘‘take’’ means to harass, hunt, capture, or
kill or to attempt to harass, hunt,
capture, or kill marine mammals.
Regulations governing the taking of
marine mammals by the Navy incidental
to training and research activities
conducted within the Hawaii Range
Complex (HRC) became effective on
January 5, 2009 (74 FR 1484, January 12,
2009), and remain in effect until January
5, 2014. For detailed information on this
action, please refer to that document.
These regulations include mitigation,
monitoring, and reporting requirements
and establish a framework to authorize
incidental take through the issuance of
LOAs.
SUPPLEMENTARY INFORMATION:
Summary of Request
On August 1, 2010, NMFS received a
request from the Navy for a renewal of
an LOA issued on January 8, 2009, for
the taking of marine mammals
incidental to training and research
activities conducted within the HRC
under regulations issued on January 5,
2009 (74 FR 1484, January 12, 2009).
The Navy has complied with the
measures required in 50 CFR 216.174
and 216.175, as well as the associated
2010 LOA, and submitted the reports
and other documentation required in
the final rule and the 2010 LOA.
Summary of Activity Under the 2010
LOA
As described in the Navy’s exercise
reports (both classified and
unclassified), in 2010, the training
activities conducted by the Navy were
within the scope and amounts
authorized by the 2010 LOA and the
levels of take remain within the scope
and amounts contemplated by the final
rule.
Planned Activities and Estimated Take
for 2011
In 2011, the Navy expects to conduct
the same type and amount of training
identified in the 2010 LOA. Therefore,
NMFS is authorizing the same amount
of take authorized in 2010. Summary of
Monitoring, Reporting, and other
Requirements under the 2010 LOA
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Annual Exercise Reports
The Navy submitted their classified
and unclassified 2010 exercise reports
within the required timeframes and the
unclassified report is posted on NMFS
Web site: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm. NMFS has
reviewed both reports and they contain
the information required by the 2010
LOA. The reports indicate the amounts
of different types of training that
occurred from August 2, 2009, through
August 1, 2010. The Navy conducted
two Major Training Exercises (MTEs)—
one Rim of the Pacific exercise
(RIMPAC) and one Undersea Warfare
Exercise (USWEX) (the rule authorizes
one RIMPAC every other year and five
USWEXs each year)—for a total of 30
days, and three Sinking Exercises
(SINKEX) (the rule authorizes an
average of six per year). No active sonar
use occurred in the period from
December 15, 2009, through April 15,
2010, either in the Humpback
Cautionary Area or the larger dense
humpback area generally shown on the
Mobley map (73 FR 35520) plus a 5-km
buffer but not including the Pacific
Missile Range Facility.
The reports also list specific
information gathered when marine
mammals were detected by Navy
watchstanders, such as how far an
animal was from the vessel, whether
sonar was in use, and whether it was
powered or shut down. This
information indicates that the Navy
implemented the safety zone mitigation
measures as required. No instances of
obvious behavioral disturbance were
reported by the Navy watchstanders in
their 47 marine mammal sightings
totaling 286 animals. Furthermore, there
were zero marine mammal sightings
reported at a range less than 1,000 yards
during the MTEs, concurrent with use of
MFAS. Ranges associated with NMFS
criteria levels for permanent threshold
shift (PTS) and temporary threshold
shift (TTS) are much shorter than 200
yards.
2010 Monitoring
The Navy conducted the monitoring
required by the 2010 LOA and described
in the Monitoring Plan, which included
aerial and vessel surveys of sonar and
explosive exercises by dedicated MMOs,
as well as ordering and purchasing
acoustic recording devices to be used to
gather data in subsequent years. The
Navy submitted their 2010 Monitoring
Report, which is posted on NMFS’ Web
site (https://www.nmfs.noaa.gov/pr/
permits/incidental.htm), within the
required timeframe. The Navy included
a summary of their 2010 monitoring
E:\FR\FM\19JAN1.SGM
19JAN1
]]>Agencies
[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3092-3095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1030]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA100
Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to Navy's Mission Activities at the Naval Surface Warfare
Center Panama City Division
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of a Letter 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 a one-year Letter of Authorization (LOA) to take
marine mammals by harassment incidental to the U.S. Navy's Research,
Development, Test and Evaluation (RDT&E) mission activities at the
Naval Surface Warfare Center Panama City Division (NSWC PCD) to the
Commander, U.S. Naval Surface Warfare Center Panama City Division, 110
Vernon Avenue, Panama City, FL 32407-7001 and persons operating under
his authority.
DATES: Effective from January 21, 2011, through January 20, 2012.
ADDRESSES: Copies of the Navy's September 2, 2010, LOA application, the
LOA, the Navy's 2010 marine species monitoring report and the Navy's
2010 annual mission activities 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: https://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 x137.
[[Page 3093]]
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 subsistence uses. In
addition, NMFS must prescribe regulations that include permissible
methods of taking and other means of 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 RDT&E activities at the NSWC PCD were published on
January 21, 2010 (75 FR 3395), and remain in effect through January 21,
2015. They are codified at 50 CFR part 218 subpart S. These regulations
include mitigation, monitoring, and reporting requirements for the
incidental taking of marine mammals by the Navy's RDT&E activities. For
detailed information on these actions, please refer to the January 21,
2010 Federal Register notice and 50 CFR part 218 subpart S.
Summary of LOA Request
NMFS received an application from the U.S. Navy for an LOA covering
the Navy's RDT&E activities at NSWC PCD off the U.S. Gulf of Mexico
under the regulations issued on January 21, 2010 (75 FR 3395). The
application requested authorization, for a period not to exceed one
year, to take, by harassment, marine mammals incidental to proposed
RDT&E activities that involve underwater explosive detonation,
projectile firing, and sonar testing.
Summary of Activity Under the 2010 LOA
As described in the Navy's exercise report, which covered the
period between January and August 2010, the RDT&E activities conducted
by the Navy were within the scope and amounts contemplated by the final
rule. None of the testing events exceeded the average annual allotment
except for the AN/AQS-20 in non-territorial waters, which exceeded the
annual allotment by 9.3%, but was still within the five-year total
allotment for this type of event. No test activities involving
underwater explosive detonations and projectile firing were conducted
between January and August 2010.
As shown in Tables 1 and 2, most of the mid-frequency active sonar
(MFAS) and high-frequency active sonar (HFAS) testing events were far
below the levels authorized in the annual LOA.
Table 1--Total Annual Number of Each Type of MFAS and HFAS Listed at 50
CFR 218.180 Conducted in the NSWC PCD Study Area in Territorial Waters
(Number Authorized vs. Conducted).
------------------------------------------------------------------------
Number Number
Sonar system authorized conducted
(hrs) (hrs)
------------------------------------------------------------------------
AN/SQS-53/56 Kingfisher......................... 3 0
Sub-bottom profiler (2-9 kHz)................... 21 0
REMUS SAS-LF.................................... 12 12
REMUS Modem..................................... 25 25
Sub-bottom profiler (2-16 kHz).................. 24 24
AN/SQQ-32....................................... 30 0
REMUS-SAS-LF.................................... 20 20
SAS-LF.......................................... 35 35
AN/WLD-1RMS-ACL................................. 33.5 26.3
BPAUV Sidescan.................................. 25 0
TVSS............................................ 15 0
F84Y............................................ 15 0
BPAUV Sidescan.................................. 25 0
REMUS-SAS-HF.................................... 10 0
SAS-HF.......................................... 11.5 0
AN/AQS-20 *..................................... 545 27.3
AN/WLD-11 RMS Navigation........................ 15 0
BPAUV Sidescan.................................. 30 0
------------------------------------------------------------------------
* In the 2010 LOA, this system was incorrectly listed as the AN/SQS-20.
Table 2--Total Annual Number of Each Type of MFAS and HFAS Listed at 50
CFR 218.180 Conducted in the NSWC PCD Study Area in Non-Territorial
Waters (Number Authorized vs. Conducted).
------------------------------------------------------------------------
Number Number
Sonar system authorized conducted
(hrs) (hrs)
------------------------------------------------------------------------
AN/SQS-53/56 Kingfisher......................... 1 0
Sub-bottom profiler (2-9 kHz)................... 1 0
REMUS Modem..................................... 12 1.3
Sub-bottom profiler (2-16 kHz).................. 1 0
AN/SQQ-32....................................... 1 0
SAS-LF.......................................... 1 0
AN/WLD-1RMS-ACL................................. 5 0
BPAUV Sidescan.................................. 38 0
TVSS............................................ 16.5 0
F84Y............................................ 15 0
REMUS-SAS-HF.................................... 25 0
SAS-HF.......................................... 15 0
AN/AQS-20 *..................................... 15 16.4
BPAUV Sidescan.................................. 25 0
------------------------------------------------------------------------
* In the 2010 LOA, this system was incorrectly listed as the AN/SQS-20.
Planned Activities for 2010
In 2010, the Navy expects to conduct the same type and amount of
RDT&E activities identified in the final rules and 2010 LOA. 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 RDT&E activities
are the same as those in authorized in 2010. No change has been made in
the estimated takes from the 2010 LOA.
Summary of Monitoring, Reporting, and Other Requirements Under the 2009
LOA
Annual Mission Activities Report
The Navy submitted their 2010 annual mission activities report
covering the period from January through August 2010 within the
required timeframes and it is posted on NMFS Web site: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS has
reviewed the report and it contains the information required by the
2010 LOA. The report lists the amount of hours sonar testing was
conducted between January and August 2010. During this time period,
NSWC PCD conducted 187.3 hours of sonar testing, 169.6 hours in
territorial waters (Table 1) and 17.7 hours in non-territorial waters
(Table 2). No RDT&E activities associated with underwater detonations
were conducted during this period.
[[Page 3094]]
Monitoring and Annual Monitoring Reports
In the 2010 LOA to the Navy, it states that the Navy ``shall
visually survey a minimum of 2 HFAS/MFAS activities and 2 explosive
events per year'' as monitoring activities for the Navy's NSWC PCD
RDT&E activities. NMFS realized late that this was an error as this was
inconsistent with what was agreed upon between NMFS and the Navy. The
Navy stated, and NMFS agreed, that since the rule and the associated
LOA was expected to be issued in late January 2010 (it was actually
issued on January 21, 2010), it would not be feasible to conduct a
monitoring activity within the remaining eight months of FY 2010
(between February and September 2010). Therefore, NMFS agreed with the
Navy that no monitoring would be required for FY 2010. Nevertheless,
the Navy will be required to monitor a minimum of 2 HFAS/MFAS
activities and 2 explosive events per year for the remaining four years
of the rule, given that an adequate number of RDT&E activities will be
conducted during the period.
The Navy submitted a marine species monitoring report within the
required timeframes and it is posted on NMFS Web site: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The
monitoring report covers the period between January and August 2010.
From January to August 2010, there have been no monitoring
opportunities available for explosive or projectile firing events in
the NSWC PCD study area as none of these activities were conducted. No
monitoring was conducted for sonar activities during this period as the
Navy was working on awarding a monitoring contract and developing
standard operating procedures. The Navy states that the NSWC PCD
Environmental Office and Test and Evaluation Branch has since
identified the appropriate contracting vehicle and worked with the
consulting firm to develop annual budgetary, scheduling, and monitoring
support requirements.
The Navy will conduct two monitoring activities for sonar
activities and two for explosive events in FY2011.
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
marine observer data, as well as new information from other Navy
programs (e.g., research and development), and other appropriate newly
published information. The Navy updated its 2010 ICMP Plan and will
comply with the Plan. The ICMP may be viewed at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm.
NOAA Workshops
In a January 19, 2010, letter to the Council on Environmental
Quality, NOAA identified the need for two interrelated workshops on
marine mammals and sound in the ocean. To address this commitment, NOAA
is convening two parallel, focused, relatively small, and product-
driven working groups. One will identify and map cetacean ``hot
spots'', defined as areas of known, or reasonably predictable,
biological importance (i.e., for reproduction, feeding, migration) and/
or high densities. The second working group will be directed toward
developing a comprehensive data collection and analysis plan for
describing and predicting underwater sound fields in different areas.
The outcomes of these working groups will be integrated and analyzed in
a broader follow-on symposium to include a larger audience of
scientists, industries, federal agencies, conservation managers, and
environmental NGOs. The final products and analyses will provide a more
robust, comprehensive, and context-specific biological and acoustic
basis by which to inform subsequent management decisions regarding
human noise in our oceans. The steering committee has been convened and
met for the first time in October 2010. The working group efforts
should take about a year to complete, and we expect the final symposium
to be held in early 2012. The results of these working groups will be
analyzed by NMFS in an adaptive management context, as related to the
Panama City final rule, and mitigation or monitoring measures may be
modified, as appropriate.
Adaptive Management and 2010 Monitoring Plan
NMFS and the Navy conducted an adaptive management meeting in
October 2010 wherein we reviewed the Navy monitoring results through
August 1, 2010, discussed other Navy research and development efforts,
and discussed other new information that could potentially inform
decisions regarding Navy mitigation and monitoring. Since there was no
monitoring conducted at PCD during the first seven months of 2010 (from
January 21 to August 1, 2010) as discussed above, no modifications were
made concerning the monitoring plan for the NSWC PCD RDT&E activities.
Additionally, the monitoring conducted under the Atlantic Fleet
Active Sonar Training (AFAST) regulations (which also cover the Gulf of
Mexico), as well as under the Hawaii Range Complex and Southern
California (SOCAL) Range Complex regulations, was also considered at
the October adaptive management meeting. The Navy's implementation of
the monitoring plans under these other regulations successfully
contributed to the following larger bodies of data: (1) A greater
knowledge and understanding of the density and distribution of species
within the AFAST study area; (2) the vocalizations of different
species, which advances the development of automated classification
software; (3) the movement patterns of individual (both vertically in
the water column as well as horizontally for the duration of a DTAG
deployment); and (4) observable behavioral patterns of marine mammals,
before, during, and after exposure to Navy training activities.
However, while the data collected by the Navy through monitoring and
reporting builds upon the existing body of information in a valuable
way, none of the new data contradict, or amend, the assumptions that
underlie the findings in the 2010 PCD rule in a manner that would
suggest changing the current mitigation or monitoring.
Authorization
The Navy complied with the requirements of the 2010 LOA. Based on
our review of the Navy's annual mission activities report, which shows
that the amount of sonar testing hours was far below the annual
authorized levels and that no underwater detonation and projectile
firing were conducted during FY 2010, NMFS has determined that the
effects to marine mammals that resulted from the 2010 NWSC PCD RDT&E
activities were likely lower than analyzed. Although no monitoring
activities were conducted during the Navy's first seven months' of
activity for FY 2010, the low level of activity supports a conclusion
that the total number of marine mammals taken by the RDT&E activities
at the NSWC PCD will have no more than a negligible impact on the
affected species or stock of marine mammals. (There is no subsistence
use of marine mammals that could potentially be impacted by the Navy's
activities at NSWC PCD.) Accordingly, NMFS has issued a one-year LOA
for Navy RDT&E activities at the NSWC PCD from January 21, 2011,
through January 20, 2012.
[[Page 3095]]
Dated: January 13, 2011.
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-1030 Filed 1-18-11; 8:45 am]
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