Taking and Importing Marine Mammals; U.S. Navy Training in the Southern California Range Complex, 4870-4873 [2011-1847]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4870-4873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1847]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AW91


Taking and Importing Marine Mammals; U.S. Navy Training in the 
Southern California Range Complex

AGENCY: 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.

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SUMMARY: 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 Navy training, maintenance, and 
research, development, testing, and evaluation (RDT&E) activities to be 
conducted within the Southern California (SOCAL) Range Complex, which 
extends south and southwest off the southern California coast, for the 
period of January 22, 2011, through January 21, 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 2011. 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 22, 2011, through 
January 21, 2012. Comments and information on

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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 
East-West Highway, Silver Spring, MD 20910, or by telephoning one of 
the contacts listed here. The mailbox address for providing email 
comments on the ICMP Plan is ITP.Hopper@noaa.gov. Comments sent via e-
mail, including all attachments, must not exceed a 10-megabyte file 
size.

FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of 
Protected Resources, NMFS, 301-713-2289, ext. 123.

SUPPLEMENTARY INFORMATION: 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, maintenance, and RDT&E in the SOCAL Range 
Complex became effective on January 14, 2009 (74 FR 3881, January 21, 
2009), and remain in effect through January 14, 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.

Summary of Request

    On August 1, 2010, NMFS received a request from the Navy for a 
renewal of an LOA issued on January 22, 2010, for the taking of marine 
mammals incidental to training and research activities conducted within 
the SOCAL Range Complex under regulations issued on January 14, 2009 
(74 FR 3881, January 21, 2009). The Navy has complied with the measures 
required in 50 CFR 216.274 and 216.275, 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. Similarly, the authorized take 
will remain within the annual estimates analyzed in the final rule.

Summary of Monitoring, Reporting, and Other Requirements Under the 2010 
LOA 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 five Major Training 
Exercises (MTEs)--one Sustainment Exercise (SUSTEX), two Integrated 
Anti-Submarine Warfare Courses (IAC II), and two Composite Training 
Exercises (C2X) (the rule authorizes eight per year)--for a total of 40 
days.
    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 210 marine mammal sightings totaling 1,217 
animals.

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 exercises by dedicated MMOs, passive acoustic 
monitoring utilizing high-frequency acoustic recording packages 
(HARPs), and marine mammal tagging and tracking. 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 effort 
and results (beginning on page 182 of the monitoring report) and the 
specific reports for each individual effort are presented in the 
appendices. Because data is gathered through August 1 and the report is 
due in October, some of the data analysis will occur in the subsequent 
year's report. Navy-funded marine mammal monitoring accomplishments 
within SOCAL for the past year include the following:

Visual Surveys

    The Navy completed a total of 1,061 hours of visual surveys during 
or after training events. During this time, there were 331 sightings of 
approximately 29,269 marine mammals and 26.3 hours of detailed 
behavioral focal follows were recorded. Preliminary results from a 
single survey show that the most frequent initial behavioral state 
observed for common dolphins and fin whales was traveling. While fin 
whales were only observed traveling (although sometimes at different 
speeds), common dolphins were also observed logging, milling, and 
resting. There was one interesting observation of a minke whale 
breaching at a time when no active sonar was being used and no Navy 
vessels were in the area. The Navy plans to upload visual data from the 
aerial surveys to OBIS-SEAMAP, a spatially referenced online database, 
by summer 2011.

Marine Mammal Observations

    A total of 144 hours of marine mammal observer (MMO) effort was 
completed during Navy training events. Of the 210 Navy marine mammal 
sightings during MTEs, there were 62 sightings of 306 marine mammals 
within 1,000 yards that qualified as mitigation events. Of the 306 
individuals observed, 71 percent were dolphins, 16 percent were whales, 
and 12 percent were pinnipeds. Of the 62 mitigation events, sonar was 
turned off during 29 periods and turned down during 27 periods. The 
remaining six periods when mitigation did not occur were explained due 
to bowriding dolphins (for which there is an exception in the shutdown 
requirements) or marine mammals leaving a mitigation zone. In total, 
the Navy lost a minimum of 20 hours of training time due to mitigation 
events. There were no reports of marine mammals behaving in any unusual 
manner during these events.

Passive Acoustic Monitoring

    Two Passive Acoustic Monitoring (PAM) devices were deployed for a 
total of 15,335 hours of high-frequency acoustic recording package 
(HARP) recordings before, during, and after

[[Page 4872]]

Navy training exercises. The devices detected at least 11 different 
marine mammal species during the monitoring period. Recordings from the 
delphinid species have been incorporated into a larger database of 
cetacean acoustic data and there are several current projects assessing 
clicks and/or whistles for species- and population-specific call 
structures.

Tagging

    A total of 19 satellite tags were deployed on five different 
species of marine mammals. Highlights from the tagging results show 
long-term movement of Cuvier's beaked whales, one of the first 
indications that Southern California beaked whales may engage in non-
local, out of area movement. Movements of a fin whale over a 160-day 
period have also been recorded.
    In conclusion, the Navy's implementation of the monitoring plan 
accomplished several goals, primarily through contributions to larger 
bodies of data intended to better characterize the abundance, 
distribution, life history, and behaviors of the species in the SOCAL 
Range Complex. The monitoring satisfied the objectives of the 
monitoring plan and specifically contributed to a greater knowledge and 
understanding of: The density and distribution of species within the 
SOCAL Range Complex, which will be added to a growing database of 
marine mammal aggregations around the world; the vocalizations of 
different species, which contributes to the development of automated 
classification software; the movement patterns of individuals (both 
vertically in the water column on a daily basis, as well as 
horizontally over weeks and months); and the observable behavioral 
patterns of marine mammals, both with and without exposure to Navy 
training activities.
    Except as described below in the Adaptive Management section, NMFS 
concludes that the results of these monitoring efforts, when taken 
together with the findings presented in the 2010 exercise report (see 
Annual Exercise Report section), do not warrant making changes to the 
current monitoring and mitigation requirements identified in the LOA. 
While the data collected by the Navy through monitoring and reporting 
builds on 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 2009 rule in a manner that would suggest that the 
mitigation or monitoring should change.

Adaptive Management

    NMFS and the Navy conducted an adaptive management meeting in 
October, 2010, which representatives from the Marine Mammal Commission 
participated in, 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. Based on the 
implementation of the 2010 monitoring, the Navy proposed some slight 
modifications to their monitoring plan for 2011, 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 13 of the Navy's 2011 LOA 
Application, which may be viewed at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm.

Integrated Comprehensive Monitoring Report

    The 2010 LOA required that the Navy update the ICMP Plan to reflect 
development in three areas, specifically: (1) Identifying more specific 
monitoring sub-goals under the major goals that have been identified; 
(2) characterizing Navy Range Complexes and study areas within the 
context of the prioritization guidelines described in the ICMP Plan; 
and (3) continuing to develop data management, organization, and access 
procedures. The Navy has updated the ICMP Plan as required. Because the 
ICMP is an evolving Program, we have posted the ICMP on NMFS Web site: 
https://www.nmfs.noaa.gov/pr/permits/incidental.htm and are specifically 
requesting input, which the Navy and NMFS will consider and apply as 
appropriate.
    Further, the Navy convened a monitoring meeting in October, 2010 to 
solicit input from NMFS and marine mammal and acoustic scientists 
regarding the comprehensive development and improvement of the more 
specific monitoring that should occur across the Navy's training areas. 
Subsequent to those discussions, the Navy has developed a scientific 
advisory group composed of individuals from the research community and 
academia that will develop a proposed Strategic Plan for Navy 
monitoring that better considers the biological, logistical, and 
resource-specific factors that are applicable in each training area 
(and which are summarized in the updated ICMP) to maximize the 
effectiveness of Navy monitoring within the context of the information 
that is most needed. Subsequently, NMFS and MMC representatives will 
review this proposed Strategic Plan for marine species monitoring, 
which may reflect monitoring differences in some Navy training areas 
from what is required in the 2010 LOA.
    This Navy-wide Strategic Monitoring Plan will then be available for 
review and discussion at the required 2011 Navy Monitoring Meeting, 
which will take place in mid-2011. The Navy and NMFS will then modify 
the Navy-wide Strategic Plan for monitoring based on applicable input 
from the 2011 Monitoring Meeting and propose appropriate changes to the 
monitoring measures in specific LOAs for the different Range Complexes 
and training areas. For training areas with substantive monitoring 
modifications, NMFS will subsequently publish proposed LOAs, with the 
modifications, in the Federal Register and solicit public input. After 
addressing public comments and making changes as appropriate, NMFS 
would, as appropriate, issue new LOAs for the different training areas 
that reflect the updated ICMP and associated new Strategic Plan for 
Navy monitoring.

Whale Strikes in 2009

    In 2009, a Navy vessel associated with the activities covered by 
the 2009 SOCAL Range Complex regulations collided with and injured or 
killed two large whales. Of note, in both cases, the Navy was in 
compliance with the mitigation and monitoring measures required by the 
rule and LOA, contacted NMFS in a timely manner, and provided the 
specific information outlined in the SOCAL Stranding Response Plan for 
whale strikes, as well as additional information. Due to these 
incidents, NMFS is working on a proposed modification to the 2009 SOCAL 
rule, which will establish a framework to authorize the incidental take 
of large whales by injury or mortality for the remainder of the five-
year regulatory period.

Authorization

    The Navy complied with the requirements of the 2010 LOA. Based on 
our review of the record, NMFS has determined that the marine mammal 
take resulting from the 2010 military readiness training and research 
activities falls within the levels previously anticipated, analyzed, 
and authorized. Further, the level of taking authorized in 2011 for the 
Navy's SOCAL Range Complex activities is

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consistent with our previous findings made for the total taking allowed 
under the SOCAL Range Complex regulations. Finally, the record supports 
NMFS' conclusion that the total number of marine mammals taken by the 
2011 activities in the SOCAL Range Complex 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 a one-year LOA for Navy training exercises conducted in 
the SOCAL Range Complex from January 22, 2011, through January 21, 
2012.

    Dated: January 21, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2011-1847 Filed 1-26-11; 8:45 am]
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