Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 57368-57370 [2013-22678]
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57368
Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Notices
Take Marine Mammals by Harassment
Incidental to a Low-Energy Marine
Geophysical Survey in the Tropical
Western Pacific Ocean, September to
October 2013.’’ After considering the
EA, the information in the IHA
application, Biological Opinion, and the
Federal Register notice, as well as
public comments, NMFS has
determined that the issuance of the IHA
is not likely to result in significant
impacts on the human environment and
has prepared a Finding of No Significant
Impact (FONSI). An Environmental
Impact Statement is not required and
will not be prepared for the action.
Authorization
NMFS has issued an IHA to SIO for
the take, by Level B harassment, of
small numbers of marine mammals
incidental to conducting a low-energy
marine seismic survey in the tropical
western Pacific Ocean, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: September 13, 2013.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2013–22671 Filed 9–17–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC874
Taking and Importing Marine
Mammals: Taking Marine Mammals
Incidental to Navy Operations of
Surveillance Towed Array Sensor
System Low Frequency Active Sonar
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of four Letters
of Authorization.
AGENCY:
In accordance with
regulations issued under the Marine
Mammal Protection Act, as amended,
we hereby give notification that we, the
National Marine Fisheries Service
(NMFS), have issued four 1-year Letters
of Authorization (Authorizations) to the
U.S. Navy (Navy) to take marine
mammals by harassment incidental to
their military readiness activities
associated with the routine training,
testing, and military operations of
Surveillance Towed Array Sensor
System Low Frequency Active
(SURTASS LFA) sonar within the
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SUMMARY:
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northwest Pacific Ocean and the northcentral Pacific Ocean.
DATES: These Authorizations are
effective from August 15, 2013, through
August 14, 2014.
ADDRESSES: Electronic copies of the
Navy’s May 28, 2012, LOA application
letter and the LOAs are available by
writing to P. Michael Payne, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, 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:
Jeannine Cody, Office of Protected
Resources, NMFS (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the Marine
Mammal Protection Act (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 if
certain findings are made 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. We, the NMFS, have
been delegated the authority to issue
such regulations and Authorizations.
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 or marine mammal
stock in the wild [Level A harassment];
or (ii) any act that disturbs or is likely
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of natural behavioral
patterns, including, but not limited to,
migration, surfacing, nursing, breeding,
feeding, or sheltering, to a point where
such behavioral patterns are abandoned
or significantly altered [Level B
harassment].
Authorization may be granted for
periods of five years or less if we find
that the total taking will have a
negligible impact on the affected species
or stock(s) and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
taking for certain subsistence uses. In
addition, we must prescribe regulations
that include permissible methods of
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taking and other means effecting the
least practicable adverse impact on the
species or stock and its habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and on the availability of
the species or stocks for taking for
subsistence uses. 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
Navy’s routine training, testing, and
military operations of SURTASS LFA
sonar are in effect through August 15,
2017 (77 FR 50290, August 20, 2012)
and are codified at 50 CFR part 218
subpart X. These regulations include
mitigation, monitoring, and reporting
requirements for the incidental taking of
marine mammals by the SURTASS LFA
sonar system. For detailed information
on this action, please refer to the August
20, 2012, Federal Register Notice and
50 CFR part 218 subpart X. Under those
regulations, we must publish a notice of
issuance of an Authorization or
Authorization renewal in the Federal
Register within 30 days of a
determination.
Summary of Request
On May 28, 2013, we received an
application from the Navy requesting a
renewal of four Authorizations,
originally issued on August 15, 2012 (77
FR 51969, August 28, 2012), for the
taking of marine mammals incidental to
routine training, testing, and military
operations of SURTASS LFA sonar in
the northwest Pacific Ocean and the
north-central Pacific Ocean under the
regulations issued on August 15, 2012
(77 FR 50290, August 20, 2012): one for
the United States Naval Ship (USNS)
VICTORIOUS (T–AGOS 19), one for the
USNS ABLE (T–AGOS 20), one for the
USNS EFFECTIVE (T–AGOS 21), and
one for the USNS IMPECCABLE (T–
AGOS 23) The application requested
that these four Authorizations become
effective on August 15, 2013, for a
period not to exceed one year.
Summary of Activity Under the 2012
Authorizations
The Navy submitted quarterly mission
reports for the periods of August, 2012
through May, 2013 within the required
timeframes. These quarterly reports
include the dates and times of the
military readiness activities; location of
each SURTASS LFA sonar vessel;
mission operational area; marine
mammal observations; and records of
any delays or suspensions of sonar
operations. The Navy must also report
on the number of marine mammals
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Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Notices
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detected by visual, passive and active
acoustic monitoring and the estimated
percentage of each marine mammal
stock taken by Level A and Level B
harassment. The reports indicate the
following:
• The Navy conducted a total of 12
missions from August 15, 2012 through
May 16, 2013 in the western North
Pacific Ocean which totaled 25.4 days
and resulted in 47.3 hours of LFA sonar
transmissions.
• The cumulative total days of
SURTASS LFA operations were 97
percent below the annual levels
contemplated in the Final Rule (i.e., 240
days per vessel);
• The cumulative total hours of LFA
sonar transmissions were 97 percent
below the levels contemplated in the
Final Rule (i.e., 432 hours per vessel);
• The total percentage of each marine
mammal stock taken by Level B
harassment has not exceeded the 12
percent cap. For each stock, the
percentage of take was well below the
levels authorized in the 2012 LOAs.
• The total percentage of each marine
mammal stock taken by Level A
harassment has not exceeded the levels
authorized in the 2012 LOAs. In fact,
the Navy reported no incidences of
Level A harassment takes.
The operational tempo, number of
active transmission hours, marine
mammal detections and behavioral
observations, and level of anticipated
take of marine mammals fall within the
scope and nature of those contemplated
by the Final Rule and authorized in the
2012 Authorizations.
Monitoring Reports
The Navy has submitted the
monitoring reports on time as required
under 50 CFR 218.236 and the 2012
Authorizations. We have reviewed these
reports and determined them to be
acceptable. Based on these reports, the
Navy has not exceeded the average
annual estimated usage of the four
SURTASS LFA sonar systems and
remains well within the take authorized.
In accordance with the current
SURTASS LFA sonar regulations (50
CFR 218.230), the Navy must submit an
annual report to us no later than 45 days
after the 2012 Authorizations have
expired. Upon receipt, we will post the
annual report at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Level of Taking for 2013 Authorizations
Period
For the 2013 to 2014 Authorization
period, the Navy expects to conduct the
same type and amount of routine
training, testing, and military operations
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16:45 Sep 17, 2013
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of SURTASS LFA sonar in the
northwest Pacific Ocean and the northcentral Pacific Ocean that they
requested under the 2012
Authorizations. Similarly, the Navy
expects to remain within the annual
take estimates analyzed in the Final
Rule. We determined that the level of
taking by incidental harassment from
the activities described in the
Authorizations and supporting
application is consistent with the
findings made for the total taking
allowable under the 2012 Final Rule.
Compliance With Mitigation,
Monitoring, and Reporting Measures
Based on our review of the Navy’s
quarterly mission reports, the Navy
complied with the required visual,
passive, and acoustic monitoring
measures in the Final Rule and 2012
Authorizations. The Navy also followed
the required shutdown and other
protocols for mitigating impacts to
marine mammals while conducting
operations.
The Navy is also complying with
required measures under 50 CFR
218.236(d) to gain and share
information on the species. The Navy
reports that they are continuing to work
on information transfer, declassification
and archiving of ambient noise data
from the Navy’s Integrated Undersea
Surveillance System (IUSS) to the
public.
The Final Rule and 2012
Authorizations required the Navy to
convene a Scientific Advisory Group
(SAG) to analyze different types of
monitoring and research that could
increase the understanding of the
potential effects of LFA sonar on beaked
whales and harbor porpoises (50 CFR
218.236(e)). In August 2013, the SAG
produced a preliminary final report and
presented preliminary
recommendations to us and the Navy
regarding the feasibility, efficacy, and
significance of any proposed research
projects that would increase the
understanding of the potential effects of
LFA sonar on beaked whales and harbor
porpoises. The Navy will consider the
Final Report’s assessments and develop,
with input from us, an appropriate plan
of action for potential new monitoring
or research efforts, which they will
present to the SAG’s Executive
Oversight Group (which includes
representatives from NMFS) for
discussion and review.
Based on the foregoing information
and the Navy’s application, we
determined that the mitigation,
monitoring, and reporting measures
required under 50 CFR 218.234, .235,
and .236 and NMFS’ 2012
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57369
Authorizations were undertaken and
will be undertaken during the period of
validity of the renewed 2013
Authorizations.
Adaptive Management
The Final Rule and 2012
Authorizations include an adaptive
management framework that allows us
to consider new information and to
determine (with input from the Navy
regarding practicability) if modifications
to mitigation and/or monitoring
measures are appropriate and
practicable. This framework includes a
requirement for an annual meeting
between us and the Navy, if either
agency deems it necessary.
On June 10, 2013, we and the Navy
convened an Adaptive Management
meeting to review and discuss several
topics, including: the Navy’s mitigation
monitoring results; the Navy’s efforts in
declassifying and transferring marine
mammal monitoring data; consideration
of possible additional Offshore
Biologically Important Areas (OBIAs)
under the criteria specified in the Final
Rule; and consideration of new
information that could potentially
inform decisions regarding modifying
existing mitigation and/or monitoring
measures. Representatives from the U.S.
Marine Mammal Commission were also
in attendance and participated in the
meeting.
Consideration of Areas as Potential
OBIAs
We currently intend to evaluate new
information relating to several areas for
potential consideration as OBIAs for
mysticetes and/or sperm whales before
the Navy submits their 2014 renewal
request for Authorizations under the
Final Rule. Note that all of these areas
fall outside the areas in which the Navy
may operate under the 2013
Authorizations. Our evaluation will
include the following areas:
• Atlantic Ocean: Southeast ShoalGrand Banks, Canada; Grand Manan
Basin Right Whale Conservation Area,
Canada; Jordan Basin-Gulf of Maine,
U.S.; Challenger Bank, Bermuda; and
nearshore waters offshore New Jersey,
U.S.
• Gulf of Mexico: areas in the eastern
Gulf of Mexico, U.S.; Mississippi and
DeSoto Canyons, U.S.
• Indian Ocean: Masira Bay, Oman
and the Geyser-Zelee Complex,
Madagascar.
• North Sea: Dogger Bank, Germany.
• Mediterranean Sea: central
Tyrrhenian Sea and areas in the
northern Mediterranean Sea.
• Pacific Ocean: South Taranaki
Bight, New Zealand; the Coral Sea
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Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Notices
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Commonwealth Marine Reserve,
Australia; and the proposed expanded
areas of the Gulf of the Farallones and
Cordell Bank National Marine
Sanctuaries, U.S.
Additionally, as a result of issues
raised in the course of litigation
challenging our 2012 Final Rule, we reevaluated 15 previously analyzed areas
that we had determined did not qualify
for OBIA designation. None of these
areas is located within the Navy’s
mission areas for the 2013
Authorizations. As a result of the reevaluation and consideration of the best
scientific evidence currently available,
we reaffirmed our determination that 14
of the 15 areas are not eligible as an
OBIA because they do not meet either
the geographic or biological criteria for
designation specified in the Final Rule.
The remaining area, the Grand Manan
Basin Right Whale Conservation Area in
the northwest Atlantic Ocean, merits
additional consideration based on
subsequently-acquired information and
appears in the above list. However, the
Navy will not operate SURTASS LFA
sonar in the northwest Atlantic Ocean
within the timeframes of the 2013–2014
Authorizations. We will evaluate this
area further as a potential OBIA with
input from the Navy regarding
practicability, as necessary through the
adaptive management process, for the
Navy’s 2014 Authorization requests.
None of the information considered or
discussed before, during, or since the
2013 Adaptive Management Meeting,
including consideration of issues raised
in the ongoing litigation, led us to
recommend any modifications to the
existing mitigation or monitoring
measures at this time, although we are
still considering whether some other
areas located outside of the Navy’s
current operational area in the Pacific
Ocean qualify as OBIAs under the
criteria specified in the Final Rule.
Throughout the effective period of the
Final Rule, we will consider and discuss
with the Navy any relevant new
information as it arises related to areas
that may qualify as potential OBIAs or
any other mitigation for SURTASS LFA
sonar.
Authorization
We have issued four Letters of
Authorization to the Navy, authorizing
the incidental harassment of marine
mammals, incidental to operating the
four SURTASS LFA sonar systems for
routine training, testing and use during
military operations. Issuance of these
four Authorizations is based on
findings, described in the preamble to
the final rule (77 FR 50290, August 20,
2012) and supported by information
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contained in the Navy’s required reports
on SURTASS LFA sonar and their
application, that the activities described
under these four Authorizations will
have no more than a negligible impact
on marine mammal species or stocks
and will not have an unmitigable
adverse impact on their availability for
taking for subsistence uses.
These Authorizations remain valid
through August 15, 2014, provided the
Navy remains in conformance with the
conditions of the regulations and the
LOAs, and the mitigation, monitoring,
and reporting requirements described in
50 CFR 218.230 through 218.241 (77 FR
50290, August 20, 2012) and in the
LOAs are undertaken.
Dated: September 13, 2013.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2013–22678 Filed 9–17–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
Commerce Spectrum Management
Advisory Committee Meeting
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice announces a
public meeting of the Commerce
Spectrum Management Advisory
Committee (Committee). The Committee
provides advice to the Assistant
Secretary of Commerce for
Communications and Information on
spectrum management policy matters.
DATES: The meeting will be held on
October 22, 2013, from 1:00 p.m. to 4:00
p.m., Eastern Daylight Time.
ADDRESSES: The meeting will be held at
the U.S. Department of Commerce, 1401
Constitution Avenue NW., Room 4830,
Washington, DC 20230. Public
comments may be mailed to Commerce
Spectrum Management Advisory
Committee, National
Telecommunications and Information
Administration, 1401 Constitution
Avenue NW., Room 4099, Washington,
DC 20230 or emailed to BWashington@
ntia.doc.gov.
FOR FURTHER INFORMATION CONTACT:
Bruce M. Washington, Designated
Federal Officer, at (202) 482–6415 or
BWashington@ntia.doc.gov; and/or visit
NTIA’s Web site at https://
www.ntia.doc.gov/category/csmac.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Background: The Committee provides
advice to the Assistant Secretary of
Commerce for Communications and
Information on needed reforms to
domestic spectrum policies and
management in order to: License radio
frequencies in a way that maximizes
their public benefits; keep wireless
networks as open to innovation as
possible; and make wireless services
available to all Americans. See Charter
at https://www.ntia.doc.gov/otherpublication/2013/csmac-2013-charter.
This Committee is subject to the Federal
Advisory Committee Act (FACA), 5
U.S.C. App. 2, and is consistent with the
National Telecommunications and
Information Administration Act, 47
U.S.C. 904(b). The Committee functions
solely as an advisory body in
compliance with the FACA. For more
information about the Committee visit:
https://www.ntia.doc.gov/category/
csmac.
Matters To Be Considered: The
Committee will receive
recommendations from its members on
matters related to the accomplishment
of the President’s goal of identifying 500
megahertz of radio spectrum for
wireless broadband by 2020. In
addition, the Committee will report on
the progress of the following new
subcommittees established to help the
NTIA develop new or revised strategies
for responding more efficiently and
effectively to fundamental
technological, operational, and other
trends to continue advancement of
delivering spectrum products, services,
and solutions that will support the everincreasing demand for spectrum:
1. Enforcement
2. Transitional Sharing
3. General Occupancy Measurements
and Quantification of Federal
Spectrum Use
4. Spectrum Management Via Databases
5. Federal Access to Non-Federal Bands
6. Spectrum Sharing Cost Recovery
Alternatives
NTIA will post a detailed agenda on
its Web site, https://www.ntia.doc.gov/
category/csmac, prior to the meeting. To
the extent that the meeting time and
agenda permit, any member of the
public may speak to or otherwise
address the Committee regarding the
agenda items. See Open Meeting and
Public Participation Policy, available at
https://www.ntia.doc.gov/category/
csmac.
Time and Date: The meeting will be
held on October 22, 2013, from 1:00
p.m. to 4:00 p.m., Eastern Daylight
Time. The times and the agenda topics
are subject to change. The meeting will
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]]>Agencies
[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Notices]
[Pages 57368-57370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22678]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC874
Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to Navy Operations of Surveillance Towed Array Sensor System
Low Frequency Active Sonar
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of four Letters of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with regulations issued under the Marine Mammal
Protection Act, as amended, we hereby give notification that we, the
National Marine Fisheries Service (NMFS), have issued four 1-year
Letters of Authorization (Authorizations) to the U.S. Navy (Navy) to
take marine mammals by harassment incidental to their military
readiness activities associated with the routine training, testing, and
military operations of Surveillance Towed Array Sensor System Low
Frequency Active (SURTASS LFA) sonar within the northwest Pacific Ocean
and the north-central Pacific Ocean.
DATES: These Authorizations are effective from August 15, 2013, through
August 14, 2014.
ADDRESSES: Electronic copies of the Navy's May 28, 2012, LOA
application letter and the LOAs 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 20910-3225, 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: Jeannine Cody, Office of Protected
Resources, NMFS (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the Marine Mammal Protection Act (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 if certain findings are made 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. We, the NMFS, have been delegated the authority to issue such
regulations and Authorizations.
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 or marine mammal stock in the wild
[Level A harassment]; or (ii) any act that disturbs or is likely to
disturb a marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not limited
to, migration, surfacing, nursing, breeding, feeding, or sheltering, to
a point where such behavioral patterns are abandoned or significantly
altered [Level B harassment].
Authorization may be granted for periods of five years or less if
we find that the total taking will have a negligible impact on the
affected species or stock(s) and will not have an unmitigable adverse
impact on the availability of the species or stock(s) for taking for
certain subsistence uses. In addition, we must prescribe regulations
that include permissible methods of taking and other means effecting
the least practicable adverse impact on the species or stock and its
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of the species
or stocks for taking for subsistence uses. 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 Navy's routine training, testing, and military operations of
SURTASS LFA sonar are in effect through August 15, 2017 (77 FR 50290,
August 20, 2012) and are codified at 50 CFR part 218 subpart X. These
regulations include mitigation, monitoring, and reporting requirements
for the incidental taking of marine mammals by the SURTASS LFA sonar
system. For detailed information on this action, please refer to the
August 20, 2012, Federal Register Notice and 50 CFR part 218 subpart X.
Under those regulations, we must publish a notice of issuance of an
Authorization or Authorization renewal in the Federal Register within
30 days of a determination.
Summary of Request
On May 28, 2013, we received an application from the Navy
requesting a renewal of four Authorizations, originally issued on
August 15, 2012 (77 FR 51969, August 28, 2012), for the taking of
marine mammals incidental to routine training, testing, and military
operations of SURTASS LFA sonar in the northwest Pacific Ocean and the
north-central Pacific Ocean under the regulations issued on August 15,
2012 (77 FR 50290, August 20, 2012): one for the United States Naval
Ship (USNS) VICTORIOUS (T-AGOS 19), one for the USNS ABLE (T-AGOS 20),
one for the USNS EFFECTIVE (T-AGOS 21), and one for the USNS IMPECCABLE
(T-AGOS 23) The application requested that these four Authorizations
become effective on August 15, 2013, for a period not to exceed one
year.
Summary of Activity Under the 2012 Authorizations
The Navy submitted quarterly mission reports for the periods of
August, 2012 through May, 2013 within the required timeframes. These
quarterly reports include the dates and times of the military readiness
activities; location of each SURTASS LFA sonar vessel; mission
operational area; marine mammal observations; and records of any delays
or suspensions of sonar operations. The Navy must also report on the
number of marine mammals
[[Page 57369]]
detected by visual, passive and active acoustic monitoring and the
estimated percentage of each marine mammal stock taken by Level A and
Level B harassment. The reports indicate the following:
The Navy conducted a total of 12 missions from August 15,
2012 through May 16, 2013 in the western North Pacific Ocean which
totaled 25.4 days and resulted in 47.3 hours of LFA sonar
transmissions.
The cumulative total days of SURTASS LFA operations were
97 percent below the annual levels contemplated in the Final Rule
(i.e., 240 days per vessel);
The cumulative total hours of LFA sonar transmissions were
97 percent below the levels contemplated in the Final Rule (i.e., 432
hours per vessel);
The total percentage of each marine mammal stock taken by
Level B harassment has not exceeded the 12 percent cap. For each stock,
the percentage of take was well below the levels authorized in the 2012
LOAs.
The total percentage of each marine mammal stock taken by
Level A harassment has not exceeded the levels authorized in the 2012
LOAs. In fact, the Navy reported no incidences of Level A harassment
takes.
The operational tempo, number of active transmission hours, marine
mammal detections and behavioral observations, and level of anticipated
take of marine mammals fall within the scope and nature of those
contemplated by the Final Rule and authorized in the 2012
Authorizations.
Monitoring Reports
The Navy has submitted the monitoring reports on time as required
under 50 CFR 218.236 and the 2012 Authorizations. We have reviewed
these reports and determined them to be acceptable. Based on these
reports, the Navy has not exceeded the average annual estimated usage
of the four SURTASS LFA sonar systems and remains well within the take
authorized. In accordance with the current SURTASS LFA sonar
regulations (50 CFR 218.230), the Navy must submit an annual report to
us no later than 45 days after the 2012 Authorizations have expired.
Upon receipt, we will post the annual report at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Level of Taking for 2013 Authorizations Period
For the 2013 to 2014 Authorization period, the Navy expects to
conduct the same type and amount of routine training, testing, and
military operations of SURTASS LFA sonar in the northwest Pacific Ocean
and the north-central Pacific Ocean that they requested under the 2012
Authorizations. Similarly, the Navy expects to remain within the annual
take estimates analyzed in the Final Rule. We determined that the level
of taking by incidental harassment from the activities described in the
Authorizations and supporting application is consistent with the
findings made for the total taking allowable under the 2012 Final Rule.
Compliance With Mitigation, Monitoring, and Reporting Measures
Based on our review of the Navy's quarterly mission reports, the
Navy complied with the required visual, passive, and acoustic
monitoring measures in the Final Rule and 2012 Authorizations. The Navy
also followed the required shutdown and other protocols for mitigating
impacts to marine mammals while conducting operations.
The Navy is also complying with required measures under 50 CFR
218.236(d) to gain and share information on the species. The Navy
reports that they are continuing to work on information transfer,
declassification and archiving of ambient noise data from the Navy's
Integrated Undersea Surveillance System (IUSS) to the public.
The Final Rule and 2012 Authorizations required the Navy to convene
a Scientific Advisory Group (SAG) to analyze different types of
monitoring and research that could increase the understanding of the
potential effects of LFA sonar on beaked whales and harbor porpoises
(50 CFR 218.236(e)). In August 2013, the SAG produced a preliminary
final report and presented preliminary recommendations to us and the
Navy regarding the feasibility, efficacy, and significance of any
proposed research projects that would increase the understanding of the
potential effects of LFA sonar on beaked whales and harbor porpoises.
The Navy will consider the Final Report's assessments and develop, with
input from us, an appropriate plan of action for potential new
monitoring or research efforts, which they will present to the SAG's
Executive Oversight Group (which includes representatives from NMFS)
for discussion and review.
Based on the foregoing information and the Navy's application, we
determined that the mitigation, monitoring, and reporting measures
required under 50 CFR 218.234, .235, and .236 and NMFS' 2012
Authorizations were undertaken and will be undertaken during the period
of validity of the renewed 2013 Authorizations.
Adaptive Management
The Final Rule and 2012 Authorizations include an adaptive
management framework that allows us to consider new information and to
determine (with input from the Navy regarding practicability) if
modifications to mitigation and/or monitoring measures are appropriate
and practicable. This framework includes a requirement for an annual
meeting between us and the Navy, if either agency deems it necessary.
On June 10, 2013, we and the Navy convened an Adaptive Management
meeting to review and discuss several topics, including: the Navy's
mitigation monitoring results; the Navy's efforts in declassifying and
transferring marine mammal monitoring data; consideration of possible
additional Offshore Biologically Important Areas (OBIAs) under the
criteria specified in the Final Rule; and consideration of new
information that could potentially inform decisions regarding modifying
existing mitigation and/or monitoring measures. Representatives from
the U.S. Marine Mammal Commission were also in attendance and
participated in the meeting.
Consideration of Areas as Potential OBIAs
We currently intend to evaluate new information relating to several
areas for potential consideration as OBIAs for mysticetes and/or sperm
whales before the Navy submits their 2014 renewal request for
Authorizations under the Final Rule. Note that all of these areas fall
outside the areas in which the Navy may operate under the 2013
Authorizations. Our evaluation will include the following areas:
Atlantic Ocean: Southeast Shoal-Grand Banks, Canada; Grand
Manan Basin Right Whale Conservation Area, Canada; Jordan Basin-Gulf of
Maine, U.S.; Challenger Bank, Bermuda; and nearshore waters offshore
New Jersey, U.S.
Gulf of Mexico: areas in the eastern Gulf of Mexico, U.S.;
Mississippi and DeSoto Canyons, U.S.
Indian Ocean: Masira Bay, Oman and the Geyser-Zelee
Complex, Madagascar.
North Sea: Dogger Bank, Germany.
Mediterranean Sea: central Tyrrhenian Sea and areas in the
northern Mediterranean Sea.
Pacific Ocean: South Taranaki Bight, New Zealand; the
Coral Sea
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Commonwealth Marine Reserve, Australia; and the proposed expanded areas
of the Gulf of the Farallones and Cordell Bank National Marine
Sanctuaries, U.S.
Additionally, as a result of issues raised in the course of
litigation challenging our 2012 Final Rule, we re-evaluated 15
previously analyzed areas that we had determined did not qualify for
OBIA designation. None of these areas is located within the Navy's
mission areas for the 2013 Authorizations. As a result of the re-
evaluation and consideration of the best scientific evidence currently
available, we reaffirmed our determination that 14 of the 15 areas are
not eligible as an OBIA because they do not meet either the geographic
or biological criteria for designation specified in the Final Rule. The
remaining area, the Grand Manan Basin Right Whale Conservation Area in
the northwest Atlantic Ocean, merits additional consideration based on
subsequently-acquired information and appears in the above list.
However, the Navy will not operate SURTASS LFA sonar in the northwest
Atlantic Ocean within the timeframes of the 2013-2014 Authorizations.
We will evaluate this area further as a potential OBIA with input from
the Navy regarding practicability, as necessary through the adaptive
management process, for the Navy's 2014 Authorization requests.
None of the information considered or discussed before, during, or
since the 2013 Adaptive Management Meeting, including consideration of
issues raised in the ongoing litigation, led us to recommend any
modifications to the existing mitigation or monitoring measures at this
time, although we are still considering whether some other areas
located outside of the Navy's current operational area in the Pacific
Ocean qualify as OBIAs under the criteria specified in the Final Rule.
Throughout the effective period of the Final Rule, we will consider and
discuss with the Navy any relevant new information as it arises related
to areas that may qualify as potential OBIAs or any other mitigation
for SURTASS LFA sonar.
Authorization
We have issued four Letters of Authorization to the Navy,
authorizing the incidental harassment of marine mammals, incidental to
operating the four SURTASS LFA sonar systems for routine training,
testing and use during military operations. Issuance of these four
Authorizations is based on findings, described in the preamble to the
final rule (77 FR 50290, August 20, 2012) and supported by information
contained in the Navy's required reports on SURTASS LFA sonar and their
application, that the activities described under these four
Authorizations will have no more than a negligible impact on marine
mammal species or stocks and will not have an unmitigable adverse
impact on their availability for taking for subsistence uses.
These Authorizations remain valid through August 15, 2014, provided
the Navy remains in conformance with the conditions of the regulations
and the LOAs, and the mitigation, monitoring, and reporting
requirements described in 50 CFR 218.230 through 218.241 (77 FR 50290,
August 20, 2012) and in the LOAs are undertaken.
Dated: September 13, 2013.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013-22678 Filed 9-17-13; 8:45 am]
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