Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy's Mission Activities at the Naval Surface Warfare Center Panama City Division, 9628-9631 [2012-3714]
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9628
Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices
DEPARTMENT OF COMMERCE
Council Office (302) 526–5251 at least 5
days prior to the meeting date.
National Oceanic and Atmospheric
Administration
Dated: February 14, 2012.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
RIN 0648–XB011
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
[FR Doc. 2012–3752 Filed 2–16–12; 8:45 am]
BILLING CODE 3510–22–P
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s (Council) AdHoc Atlantic Sturgeon Committee will
hold a meeting.
DATES: The meeting will be held on
March 6, 2012, from 10 a.m. until 4 p.m.
ADDRESSES: The meeting will be held at
Four Points by Sheraton BWI Airport,
7032 Elm Road, Baltimore, MD 21240;
telephone: (410) 859–3300.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 526–5255.
SUPPLEMENTARY INFORMATION: The
purpose of this meeting is to identify
and discuss potential management
actions to minimize incidental catches
of Atlantic sturgeon in fisheries
managed by the Mid-Atlantic Council. A
management response is necessary
given the recent classification of
Atlantic sturgeon under the Endangered
Species Act.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), those
issues may not be the subject of formal
action during this meeting. Actions will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
Section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
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SUMMARY:
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to M.
Jan Saunders at the Mid-Atlantic
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA902
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),
followed by a revised LOA that is valid
for two years, 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, 2012,
through January 20, 2014.
ADDRESSES: Copies of the Navy’s
September 1, 2011, LOA application,
the LOA, the Navy’s 2011 marine
species monitoring report and the
Navy’s 2011 annual mission activities
report are available by writing to P.
Michael Payne, Chief, Permits and
Conservation 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.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS (301) 427–8418.
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.
On February 1, 2012, NMFS
published a final rule (77 FR 4917) that
allows for the issuance of multi-year
LOAs, as long as the regulations
governing such LOAs are valid.
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 of two years,
to take, by harassment, marine
mammals incidental to proposed
RDT&E activities that involve
underwater explosive detonation,
projectile firing, and sonar testing.
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Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices
Summary of Activity Under the 2011
LOA
As described in the Navy’s activities
report, which covered the period
between August 2, 2010, and August 1,
2011, 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 authorized
under the rule. No test activities
involving underwater explosive
detonations and projectile firing were
conducted during the reporting period.
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
authorized
(hrs)
Sonar system
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 .........................................................................................................................................................
3
21
12
25
24
30
20
35
33.5
25
15
15
25
10
11.5
545
15
30
Number
conducted
(hrs)
0
0
1
20.8
8
0
17.8
34
0
9
0
0
0
10
8
269.57
4
0.1
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
authorized
(hrs)
Sonar system
AN/SQS–53/56 Kingfisher .............................................................................................................................................
Sub-bottom profiler (2–9 kHz) .......................................................................................................................................
REMUS Modem .............................................................................................................................................................
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 ...........................................................................................................................................................
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Planned Activities for 2012 and 2013
In 2012 and 2013, the Navy expects to
conduct the same type and amount of
RDT&E activities identified in the final
rules and 2011 LOA. No modification is
proposed by the Navy for its planned
2012–2013 activities under the 2010
rule.
Estimated Take for 2012–2013
The estimated takes for the Navy’s
proposed 2012 RDT&E activities are the
same as those in authorized in 2011. No
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change has been made in the estimated
takes from the 2011 LOA.
Summary of Monitoring, Reporting,
and Other Requirements Under the
2009 LOA
Annual Mission Activities Report
The Navy submitted their 2011
annual mission activities report
covering the period from August 2,
2010, through August 1, 2011 within the
required timeframes and it is posted on
NMFS Web site: https://
www.nmfs.noaa.gov/pr/permits/
PO 00000
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1
1
12
1
1
15
5
38
16.5
15
25
15
15
25
Number
conducted
(hrs)
0
0
0
0
0
0
0
8
8
0
0
0
11
0
incidental.htm#applications. NMFS has
reviewed the report and it contains the
information required by the 2011 LOA.
The report lists the amount of hours
sonar testing was conducted during the
reporting period. During this time
period, NSWC PCD conducted 409.27
hours of sonar testing, 382.27 hours in
territorial waters (Table 1) and 27 hours
in non-territorial waters (Table 2). No
RDT&E activities associated with
underwater detonations were conducted
during this period.
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Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices
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Monitoring and Annual Monitoring
Reports
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 August 2, 2010, and August 1,
2011. NSWC PCD conducted two aerial
monitoring events for tests of the AN/
AQS–20 sonar system during the
reporting period. Observers searched for
and subsequently recorded any present
cetacean and sea turtle species during
pre-test, during-test, and post-test
monitoring for both sonar events. No
stranded or injured marine mammals or
sea turtles were observed during either
aerial monitoring effort.
Aerial monitoring was conducted July
5–9, 2011, in good to fair sighting
conditions, with all sightings made in
Beaufort sea states between 1 and 4. The
monitoring included two re-test flights;
two flights during the test; and one posttest flight. Focal follow behavioral data
were collected during two of the
sightings. Observers visually surveyed
2,067 km (1,116 nm) of systematic (oneffort) trackline and 2,749 km (1,484
nm) of total trackline during five days
for approximately 14.3 hours of total
survey effort. Twenty-one cetacean
sightings were recorded: Thirteen
groups of bottlenose dolphins; one
group of Atlantic spotted dolphins; and
seven groups of unidentified dolphins.
The second monitoring event took
place July 23–26, 2011, in good to fair
sighting conditions, with sightings made
in Beaufort sea states between 1 and 4.
This monitoring included two pre-test
flights; one flight during the test; and
one post-test flight. Focal follow
behavioral data were collected during
two of the sightings. Observers visually
surveyed 1,475 km (796 nm) of
systematic (on-effort) trackline and
1,937 km (1,046 nm) of total trackline
during four days for approximately 7.8
hours of total survey effort. Seventeen
cetacean sightings were recorded:
Fifteen groups of bottlenose dolphins
and two groups of Atlantic spotted
dolphins.
No monitoring opportunities were
available for explosive events in the
NSWC PCD Study Area as none of these
activities were conducted during this
reporting period.
Adaptive Management
In general, adaptive management
allows NMFS to consider new
information from different sources to
determine (with input from the Navy
regarding practicability) if monitoring
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19:08 Feb 16, 2012
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efforts should be modified if new
information suggests that such
modifications are appropriate. All of the
5-year rules and LOAs issued to the
Navy include an adaptive management
component, which includes an annual
meeting between NMFS and the Navy.
NMFS and the Navy conducted an
adaptive management meeting in
October 2011, which representatives
from the Marine Mammal Commission
participated in, wherein we reviewed
the Navy monitoring results through
August 1, 2011, discussed other Navy
research and development efforts, and
discussed other new information that
could potentially inform decisions
regarding Navy mitigation and
monitoring. No changes were proposed
for the 2012 monitoring plan for the
NSWC PCD RDT&E activities.
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 posted
the ICMP on NMFS Web site: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm.
2011 Monitoring Meeting
The regulations that established the
framework for authorizing the taking of
marine mammals incidental to Navy
RDT&E activities required the Navy,
with guidance and support from NMFS,
to convene a Monitoring Workshop in
2011 (50 CFR 218.184(i)). The Marine
Mammal Monitoring Workshop, which
included scientists, representatives from
non-governmental organizations, and
Marine Mammal Commission staff, took
place in June 2011. Pursuant to the
regulations, this workshop presented a
consolidated overview of monitoring
activities conducted in 2010, as well as
the outcomes of selected monitoringrelated research. In 2010, the Navy
convened a Scientific Advisory Group
(SAG), comprised of experts in the
fields of marine mammals and
underwater acoustics, to review the
Navy’s current monitoring plans and
make recommendations. The results of
the SAG’s review were also presented at
the meeting. Participants engaged in
open discussion of the lessons learned,
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and discussed how to improve the
Navy’s monitoring plan moving
forward. If changes to monitoring
approaches are identified at the
workshop that can be implemented
during the annual LOA renewal process
and subsequent 5-year regulations, the
Navy and NMFS will modify the Navywide monitoring plan and propose
appropriate changes to the monitoring
measures in specific LOAs for the
different Range Complexes and study
areas. For Range Complexes or study
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
will issue new training area LOAs that
reflect the new Navy-wide monitoring
plan.
Authorization
The Navy complied with the
requirements of the 2011 LOA. Based on
our review of the Navy’s annual mission
activities report, which shows that the
amount of sonar testing hours was
below the annual authorized levels and
that no underwater detonation and
projectile firing were conducted during
FY 2011, NMFS has determined that the
effects to marine mammals that resulted
from the 2011 NWSC PCD RDT&E
activities were likely lower than
analyzed. Two monitoring activities
were conducted during the period
between August 2, 2010, and August 1,
2011, for sonar testing activities, as
required by the 2011 LOA. The
monitoring results showed that the
RDT&E activities at the NSWC PCD had
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. Further, the
level of taking authorized in 2012 and
2013 for the Navy’s NSWC PCD RDT&E
activities is consistent with our previous
findings made for the total taking
allowed under the NSWC PCD
regulations. Finally, the record supports
NMFS’ conclusion that the total number
of marine mammals taken by the 2012
and 2013 RDT&E PCD activities 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 oneyear LOA for the Navy’s RDT&E
activities conducted in the NSWC PCD
Study Area from January 21, 2012,
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Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices
through January 20, 2013, followed by a
new LOA that is effective from January
21, 2012, through January 20, 2014, after
the NMFS’ multi-year LOA regulations
(77 FR 4917) become effective on
February 1, 2012.
Dated: February 9, 2012.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2012–3714 Filed 2–16–12; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Additions
and Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to and
deletions from the Procurement List.
AGENCY:
The Committee is proposing
to add services to the Procurement List
that will be provided by nonprofit
agencies employing persons who are
blind or have other severe disabilities
and delete services previously provided
by such agencies.
DATES: Comments Must Be Received on
or Before: March 19, 2012.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia 22202–3259.
SUMMARY:
FOR FURTHER INFORMATION OR TO SUBMIT
COMMENTS CONTACT: Barry S. Lineback,
mstockstill on DSK4VPTVN1PROD with NOTICES
Telephone: (703) 603–7740, Fax: (703)
603–0655, or email
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41
U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
Additions
If the Committee approves the
proposed additions, the entities of the
Federal Government identified in this
notice will be required to procure the
services listed below from nonprofit
agencies employing persons who are
blind or have other severe disabilities.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
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19:08 Feb 16, 2012
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1. If approved, the action will not
result in any additional reporting,
recordkeeping or other compliance
requirements for small entities other
than the small organizations that will
provide the services to the Government.
2. If approved, the action will result
in authorizing small entities to provide
the services to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the services proposed
for addition to the Procurement List.
Comments on this certification are
invited. Commenters should identify the
statement(s) underlying the certification
on which they are providing additional
information.
End of Certification
The following services are proposed
for addition to the Procurement List for
production by the nonprofit agencies
listed:
Services
Service Type/Location: Base Supply Center &
Individual Equipment Element, 310 M
Street, Keesler AFB, MS.
NPA: L.C. Industries for the Blind, Inc.,
Durham, NC.
Contracting Activity: Dept. of the Air Force,
FA3010 81 CONS CC, Keesler AFB, MS.
Service Type/Location: Base Supply Center,
Securities and Exchange Commission,
100 F Street NE., Washington, DC.
NPA: Winston-Salem Industries for the
Blind, Inc., Winston-Salem, NC.
Contracting Activity: Securities and Exchange
Commission, Office of Acquisitions,
Alexandria, VA.
Deletions
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. If approved, the action will not
result in additional reporting,
recordkeeping or other compliance
requirements for small entities.
2. If approved, the action may result
in authorizing small entities to provide
the services to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the services proposed
for deletion from the Procurement List.
End of Certification
The following services are proposed
for deletion from the Procurement List:
Services
Service Type/Location: Custodial Services,
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9631
Veterans Center, 1642 42nd Street NE.,
Cedar Rapids, IA.
NPA: Goodwill Industries of the Heartland,
Iowa City, IA.
Contracting Activity: Department of Veterans
Affairs, NAC, Hines, IL.
Service Type/Location: Janitorial/Custodial,
U.S. Federal Building, First and Water
Street, Alpena, MI.
NPA: Northeastern Michigan Rehabilitation
and Opportunity Center (NEMROC),
Alpena, MI.
Contracting Activity: General Services
Administration, Public Buildings
Service, Property Management Service
Center, Detroit, MI.
Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2012–3748 Filed 2–16–12; 8:45 am]
BILLING CODE 6353–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meeting
Wednesday, February 22,
2012, 10 a.m.–12 p.m.
PLACE: Hearing Room 420, Bethesda
Towers, 4330 East West Highway,
Bethesda, Maryland.
STATUS: Commission Meeting—Open to
the Public.
MATTER TO BE CONSIDERED: Decisional
Matter: Bed Rails—Final Rule.
A live webcast of the Meeting can be
viewed at www.cpsc.gov/webcast.
For a recorded message containing the
latest agenda information, call (301)
504–7948.
CONTACT PERSON FOR MORE INFORMATION:
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814, (301)
504–7923.
TIME AND DATE:
Dated: February 14, 2012.
Todd A. Stevenson,
Secretary.
[FR Doc. 2012–3857 Filed 2–15–12; 11:15 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Defense Policy Board; Federal
Advisory Committee Meeting Notice
Department of Defense, Office
of the Under Secretary of Defense
(Policy).
ACTION: Federal Advisory Committee
Meeting Notice.
AGENCY:
Under the provisions of the
Federal Advisory Committee Act of
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Notices]
[Pages 9628-9631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3714]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA902
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), followed
by a revised LOA that is valid for two years, 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, 2012, through January 20, 2014.
ADDRESSES: Copies of the Navy's September 1, 2011, LOA application, the
LOA, the Navy's 2011 marine species monitoring report and the Navy's
2011 annual mission activities report are available by writing to P.
Michael Payne, Chief, Permits and Conservation 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) 427-8418.
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.
On February 1, 2012, NMFS published a final rule (77 FR 4917) that
allows for the issuance of multi-year LOAs, as long as the regulations
governing such LOAs are valid.
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 of two years, to
take, by harassment, marine mammals incidental to proposed RDT&E
activities that involve underwater explosive detonation, projectile
firing, and sonar testing.
[[Page 9629]]
Summary of Activity Under the 2011 LOA
As described in the Navy's activities report, which covered the
period between August 2, 2010, and August 1, 2011, 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 authorized under the rule. No test activities involving
underwater explosive detonations and projectile firing were conducted
during the reporting period.
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 Sec. 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 1
REMUS Modem................................. 25 20.8
Sub-bottom profiler (2-16 kHz).............. 24 8
AN/SQQ-32................................... 30 0
REMUS-SAS-LF................................ 20 17.8
SAS-LF...................................... 35 34
AN/WLD-1RMS-ACL............................. 33.5 0
BPAUV Sidescan.............................. 25 9
TVSS........................................ 15 0
F84Y........................................ 15 0
BPAUV Sidescan.............................. 25 0
REMUS-SAS-HF................................ 10 10
SAS-HF...................................... 11.5 8
AN/AQS-20................................... 545 269.57
AN/WLD-11 RMS Navigation.................... 15 4
BPAUV Sidescan.............................. 30 0.1
------------------------------------------------------------------------
Table 2--Total Annual Number of Each Type of MFAS and HFAS Listed at 50
CFR Sec. 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 0
Sub-bottom profiler (2-16 kHz)............... 1 0
AN/SQQ-32.................................... 1 0
SAS-LF....................................... 15 0
AN/WLD-1RMS-ACL.............................. 5 0
BPAUV Sidescan............................... 38 8
TVSS......................................... 16.5 8
F84Y......................................... 15 0
REMUS-SAS-HF................................. 25 0
SAS-HF....................................... 15 0
AN/AQS-20.................................... 15 11
BPAUV Sidescan............................... 25 0
------------------------------------------------------------------------
Planned Activities for 2012 and 2013
In 2012 and 2013, the Navy expects to conduct the same type and
amount of RDT&E activities identified in the final rules and 2011 LOA.
No modification is proposed by the Navy for its planned 2012-2013
activities under the 2010 rule.
Estimated Take for 2012-2013
The estimated takes for the Navy's proposed 2012 RDT&E activities
are the same as those in authorized in 2011. No change has been made in
the estimated takes from the 2011 LOA.
Summary of Monitoring, Reporting, and Other Requirements Under the 2009
LOA
Annual Mission Activities Report
The Navy submitted their 2011 annual mission activities report
covering the period from August 2, 2010, through August 1, 2011 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
2011 LOA. The report lists the amount of hours sonar testing was
conducted during the reporting period. During this time period, NSWC
PCD conducted 409.27 hours of sonar testing, 382.27 hours in
territorial waters (Table 1) and 27 hours in non-territorial waters
(Table 2). No RDT&E activities associated with underwater detonations
were conducted during this period.
[[Page 9630]]
Monitoring and Annual Monitoring Reports
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 August 2, 2010, and August
1, 2011. NSWC PCD conducted two aerial monitoring events for tests of
the AN/AQS-20 sonar system during the reporting period. Observers
searched for and subsequently recorded any present cetacean and sea
turtle species during pre-test, during-test, and post-test monitoring
for both sonar events. No stranded or injured marine mammals or sea
turtles were observed during either aerial monitoring effort.
Aerial monitoring was conducted July 5-9, 2011, in good to fair
sighting conditions, with all sightings made in Beaufort sea states
between 1 and 4. The monitoring included two re-test flights; two
flights during the test; and one post-test flight. Focal follow
behavioral data were collected during two of the sightings. Observers
visually surveyed 2,067 km (1,116 nm) of systematic (on-effort)
trackline and 2,749 km (1,484 nm) of total trackline during five days
for approximately 14.3 hours of total survey effort. Twenty-one
cetacean sightings were recorded: Thirteen groups of bottlenose
dolphins; one group of Atlantic spotted dolphins; and seven groups of
unidentified dolphins.
The second monitoring event took place July 23-26, 2011, in good to
fair sighting conditions, with sightings made in Beaufort sea states
between 1 and 4. This monitoring included two pre-test flights; one
flight during the test; and one post-test flight. Focal follow
behavioral data were collected during two of the sightings. Observers
visually surveyed 1,475 km (796 nm) of systematic (on-effort) trackline
and 1,937 km (1,046 nm) of total trackline during four days for
approximately 7.8 hours of total survey effort. Seventeen cetacean
sightings were recorded: Fifteen groups of bottlenose dolphins and two
groups of Atlantic spotted dolphins.
No monitoring opportunities were available for explosive events in
the NSWC PCD Study Area as none of these activities were conducted
during this reporting period.
Adaptive Management
In general, adaptive management allows NMFS to consider new
information from different sources to determine (with input from the
Navy regarding practicability) if monitoring efforts should be modified
if new information suggests that such modifications are appropriate.
All of the 5-year rules and LOAs issued to the Navy include an adaptive
management component, which includes an annual meeting between NMFS and
the Navy. NMFS and the Navy conducted an adaptive management meeting in
October 2011, which representatives from the Marine Mammal Commission
participated in, wherein we reviewed the Navy monitoring results
through August 1, 2011, discussed other Navy research and development
efforts, and discussed other new information that could potentially
inform decisions regarding Navy mitigation and monitoring. No changes
were proposed for the 2012 monitoring plan for the NSWC PCD RDT&E
activities.
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 posted the ICMP on NMFS Web site:
https://www.nmfs.noaa.gov/pr/permits/incidental.htm.
2011 Monitoring Meeting
The regulations that established the framework for authorizing the
taking of marine mammals incidental to Navy RDT&E activities required
the Navy, with guidance and support from NMFS, to convene a Monitoring
Workshop in 2011 (50 CFR 218.184(i)). The Marine Mammal Monitoring
Workshop, which included scientists, representatives from non-
governmental organizations, and Marine Mammal Commission staff, took
place in June 2011. Pursuant to the regulations, this workshop
presented a consolidated overview of monitoring activities conducted in
2010, as well as the outcomes of selected monitoring-related research.
In 2010, the Navy convened a Scientific Advisory Group (SAG), comprised
of experts in the fields of marine mammals and underwater acoustics, to
review the Navy's current monitoring plans and make recommendations.
The results of the SAG's review were also presented at the meeting.
Participants engaged in open discussion of the lessons learned, and
discussed how to improve the Navy's monitoring plan moving forward. If
changes to monitoring approaches are identified at the workshop that
can be implemented during the annual LOA renewal process and subsequent
5-year regulations, the Navy and NMFS will modify the Navy-wide
monitoring plan and propose appropriate changes to the monitoring
measures in specific LOAs for the different Range Complexes and study
areas. For Range Complexes or study 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 will
issue new training area LOAs that reflect the new Navy-wide monitoring
plan.
Authorization
The Navy complied with the requirements of the 2011 LOA. Based on
our review of the Navy's annual mission activities report, which shows
that the amount of sonar testing hours was below the annual authorized
levels and that no underwater detonation and projectile firing were
conducted during FY 2011, NMFS has determined that the effects to
marine mammals that resulted from the 2011 NWSC PCD RDT&E activities
were likely lower than analyzed. Two monitoring activities were
conducted during the period between August 2, 2010, and August 1, 2011,
for sonar testing activities, as required by the 2011 LOA. The
monitoring results showed that the RDT&E activities at the NSWC PCD had
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.
Further, the level of taking authorized in 2012 and 2013 for the Navy's
NSWC PCD RDT&E activities is consistent with our previous findings made
for the total taking allowed under the NSWC PCD regulations. Finally,
the record supports NMFS' conclusion that the total number of marine
mammals taken by the 2012 and 2013 RDT&E PCD activities 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 the Navy's RDT&E
activities conducted in the NSWC PCD Study Area from January 21, 2012,
[[Page 9631]]
through January 20, 2013, followed by a new LOA that is effective from
January 21, 2012, through January 20, 2014, after the NMFS' multi-year
LOA regulations (77 FR 4917) become effective on February 1, 2012.
Dated: February 9, 2012.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2012-3714 Filed 2-16-12; 8:45 am]
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