Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Hawaii-Southern California Training and Testing Study Area, 60678-60679 [2012-24539]

Download as PDF 60678 Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Notices implementing AMLRCA are at 50 CFR part 300, Subpart G. The recordkeeping and reporting requirements at 50 CFR part 300 form the basis for this collection of information. The reporting requirements included in this collection concern CCAMLR Ecosystem Monitoring Program (CEMP) activities, United States (U.S.) harvesting permit applicants and/or harvesting vessel operators, and U.S. importers and reexporters of Antarctic Marine Living Resources (AMLR). emcdonald on DSK67QTVN1PROD with NOTICES II. Method of Collection Paper applications, electronic reports, satellite-linked vessel monitoring devices, radio and telephone calls, gear and vessel markings are required from participants and methods of transmittal include Internet, satellite, facsimile and mail transmission of forms, reports and information. III. Data OMB Control Number: 0648–0194. Form Number: None. Type of Review: Regular submission (extension of a current information collection). Affected public: Business or other forprofit organizations; individuals or households. Estimated Number of Respondents: 86: 1 research entity; 5 vessel owners; 80 dealers. Estimated Time per Response: One hour to apply for a CEMP research permit; one hour to report on permitted research; 28 hours to supply information on potential new or exploratory fishing; two hours to apply for a harvesting permit; 2 minutes to transmit information by radio; 4 hours to install a vessel monitoring device (VMS); two hours for annual VMS maintenance; 45 minutes to mark a vessel; 40 minutes to mark buoys; 10 hours to mark pot gear; six minutes to mark trawl nets; 15 minutes to apply for a dealer permit to import and/or reexport Antarctic marine living resources; 15 minutes to complete and submit a toothfish catch document; 15 minutes to apply for pre-approval of toothfish imports; 15 minutes to complete and submit re-export catch documents; fifteen minutes to submit import tickets. Estimated Total Annual Burden Hours: 294. Estimated Total Annual Cost to Public: $132,373 in recordkeeping/ reporting costs. IV. Request for Comments Comments are invited on: (a) Whether the continuing collection of information VerDate Mar<15>2010 15:21 Oct 03, 2012 Jkt 229001 is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the continuing collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: September 28, 2012. Gwellnar Banks, Management Analyst, Office of Chief Information Officer. [FR Doc. 2012–24414 Filed 10–3–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–BC52 Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the HawaiiSouthern California Training and Testing Study Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. AGENCY: NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to the training and testing activities conducted in the HawaiiSouthern California Training and Testing (HSTT) study area from January 2014 through January 2019. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy’s request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy’s application and request. DATES: Comments and information must be received no later than November 5, 2012. SUMMARY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Comments on the application should be addressed to Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910– 3225. The mailbox address for providing email comments is ITP.Magliocca@ noaa.gov. NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 10megabyte file size. Instructions: All comments received are a part of the public record and will generally be posted to http://www.nmfs. noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. A copy of the Navy’s application may be obtained by visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/ incidental.htm. The Navy’s Draft Environmental Impact Statement (DEIS) for HSTT was made available to the public on May 11, 2012 (77 FR 27743). Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: ADDRESSES: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by United States citizens who engage in a specified activity (other than commercial fishing) within a specific geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has E:\FR\FM\04OCN1.SGM 04OCN1 Federal Register / Vol. 77, No. 193 / Thursday, October 4, 2012 / Notices defined ‘‘negligible impact’’ in 50 CFR 216.103 as ‘‘* * * an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.’’ With respect to military readiness activities, the MMPA defines ‘‘harassment’’ as: ‘‘(i) Any act that injures or has the significant potential to injure a marine mammal stock in the wild [Level A Harassment]; or (ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered [Level B Harassment].’’ emcdonald on DSK67QTVN1PROD with NOTICES Summary of Request On April 13, 2012, NMFS received an application from the Navy requesting two letters of authorization (LOAs) for the take of 39 species of marine mammals incidental to Navy training and testing activities to be conducted in the HSTT Study Area over 5 years. The Navy is requesting a 5-year LOA for training activities and a 5-year LOA for testing activities, each proposed to be conducted from 2014 through 2019. The Study Area includes three existing range complexes: the Southern California (SOCAL) Range Complex, Hawaii Range Complex (HRC), and Silver Strand Training Complex (SSTC) (see page 2 of the Navy’s application for a map). In addition, the Study Area includes Navy pierside locations and areas on the high seas where maintenance, training, or testing may occur. These activities are classified as military readiness activities. The Navy states that these activities may expose some of the marine mammals present within the Study Area to sound from active sonar, underwater detonations, and pile driving and removal. In addition, incidental takes of marine mammals may occur from ship strikes. The Navy is requesting authorization to take 39 marine mammal species by Level B harassment and 30 marine mammal species by serious injury or mortality. Description of the Specified Activity In the application submitted to NMFS, the Navy requests authorization to take marine mammals incidental to conducting the following training and testing activities: amphibious warfare; anti-surface warfare; anti-submarine warfare; mine warfare; naval special warfare; Naval Air Systems Command VerDate Mar<15>2010 15:21 Oct 03, 2012 Jkt 229001 (NAVAIR) testing; Naval Sea Systems Command (NAVSEA) testing; Space and Naval Warfare Systems Command (SPAWAR) testing; and Office of Naval Research (ONR) and Naval Research Laboratory (NRL) testing. Detailed descriptions of these activities, including duration, location, and equipment involved, are provided in the Navy’s application. The Navy has also prepared a Draft Environmental Impact Statement (DEIS) analyzing the effects on the human environment of implementing their preferred alternative (among others). Information Solicited Interested persons may submit information, suggestions, and comments concerning the Navy’s request (see ADDRESSES). All input related to the Navy’s HSTT request and NMFS’ role in governing the incidental taking of marine mammals will be considered by NMFS when developing, if appropriate, the most effective regulations governing the issuance of letters of authorization. Dated: September 27, 2012. Helen M. Golde, Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2012–24539 Filed 10–3–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC090 Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. AGENCY: NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to the training and testing activities conducted in the Atlantic Fleet Training and Testing (AFTT) study area from January 2014 through January 2019. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS announces our receipt of the Navy’s request for the development and implementation of regulations governing the incidental taking of marine mammals and invites SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 60679 information, suggestions, and comments on the Navy’s application and request. DATES: Comments and information must be received no later than November 5, 2012. ADDRESSES: Comments on the application should be addressed to Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910– 3225. The mailbox address for providing email comments is ITP.Hopper@noaa.gov. NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 10-megabyte file size. Instructions: All comments received are a part of the public record and will generally be posted to http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. An electronic copy of the Navy’s application may be obtained by writing to the address specified above, telephoning the contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting the internet at: http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm. The Navy’s Draft Environmental Impact Statement (DEIS) for AFTT was made available to the public on May 11, 2012 (77 FR 27742). NMFS is a cooperating agency in the development of the Navy’s DEIS for AFTT. The dates and times of the public meetings may be viewed at: http:// www.aftteis.com. Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Brian D. Hopper, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by United States citizens who engage in a specified activity (other than commercial fishing) within a specific geographical region if certain findings are made and either regulations are issued or, if the taking is E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Notices]
[Pages 60678-60679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24539]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BC52


Takes of Marine Mammals Incidental to Specified Activities; U.S. 
Navy Training and Testing Activities in the Hawaii-Southern California 
Training and Testing Study Area

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for 
authorization to take marine mammals incidental to the training and 
testing activities conducted in the Hawaii-Southern California Training 
and Testing (HSTT) study area from January 2014 through January 2019. 
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing 
our receipt of the Navy's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on the 
Navy's application and request.

DATES: Comments and information must be received no later than November 
5, 2012.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3225. The mailbox address for providing email 
comments is ITP.Magliocca@noaa.gov. NMFS is not responsible for email 
comments sent to addresses other than the one provided here. Comments 
sent via email, including all attachments, must not exceed a 10-
megabyte file size.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    A copy of the Navy's application may be obtained by visiting the 
internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The 
Navy's Draft Environmental Impact Statement (DEIS) for HSTT was made 
available to the public on May 11, 2012 (77 FR 27743). Documents cited 
in this notice may also be viewed, by appointment, during regular 
business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of 
Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by United States citizens who engage in a specified activity 
(other than commercial fishing) within a specific geographical region 
if certain findings are made and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has

[[Page 60679]]

defined ``negligible impact'' in 50 CFR 216.103 as ``* * * an impact 
resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.''
    With respect to military readiness activities, the MMPA defines 
``harassment'' as: ``(i) Any act that injures or has the significant 
potential to injure a marine mammal stock in the wild [Level A 
Harassment]; or (ii) any act that disturbs or is likely to disturb a 
marine mammal or marine mammal stock in the wild by causing disruption 
of natural behavioral patterns, including, but not limited to, 
migration, surfacing, nursing, breeding, feeding, or sheltering, to a 
point where such behavioral patterns are abandoned or significantly 
altered [Level B Harassment].''

Summary of Request

    On April 13, 2012, NMFS received an application from the Navy 
requesting two letters of authorization (LOAs) for the take of 39 
species of marine mammals incidental to Navy training and testing 
activities to be conducted in the HSTT Study Area over 5 years. The 
Navy is requesting a 5-year LOA for training activities and a 5-year 
LOA for testing activities, each proposed to be conducted from 2014 
through 2019. The Study Area includes three existing range complexes: 
the Southern California (SOCAL) Range Complex, Hawaii Range Complex 
(HRC), and Silver Strand Training Complex (SSTC) (see page 2 of the 
Navy's application for a map). In addition, the Study Area includes 
Navy pierside locations and areas on the high seas where maintenance, 
training, or testing may occur. These activities are classified as 
military readiness activities. The Navy states that these activities 
may expose some of the marine mammals present within the Study Area to 
sound from active sonar, underwater detonations, and pile driving and 
removal. In addition, incidental takes of marine mammals may occur from 
ship strikes. The Navy is requesting authorization to take 39 marine 
mammal species by Level B harassment and 30 marine mammal species by 
serious injury or mortality.

Description of the Specified Activity

    In the application submitted to NMFS, the Navy requests 
authorization to take marine mammals incidental to conducting the 
following training and testing activities: amphibious warfare; anti-
surface warfare; anti-submarine warfare; mine warfare; naval special 
warfare; Naval Air Systems Command (NAVAIR) testing; Naval Sea Systems 
Command (NAVSEA) testing; Space and Naval Warfare Systems Command 
(SPAWAR) testing; and Office of Naval Research (ONR) and Naval Research 
Laboratory (NRL) testing. Detailed descriptions of these activities, 
including duration, location, and equipment involved, are provided in 
the Navy's application. The Navy has also prepared a Draft 
Environmental Impact Statement (DEIS) analyzing the effects on the 
human environment of implementing their preferred alternative (among 
others).

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). All input 
related to the Navy's HSTT request and NMFS' role in governing the 
incidental taking of marine mammals will be considered by NMFS when 
developing, if appropriate, the most effective regulations governing 
the issuance of letters of authorization.

    Dated: September 27, 2012.
Helen M. Golde,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2012-24539 Filed 10-3-12; 8:45 am]
BILLING CODE 3510-22-P