Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 48296-48298 [2015-19769]
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
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[FR Doc. 2015–19743 Filed 8–11–15; 8:45 am]
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SUMMARY:
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Kevin Kimball,
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[FR Doc. 2015–19742 Filed 8–11–15; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE071
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
northwest Pacific Ocean and the northcentral Pacific Ocean.
DATES: These Authorizations are
effective from August 15, 2015, through
August 14, 2016.
ADDRESSES: Electronic copies of the
Navy’s March 31, 2015, application
letter and the Authorizations are
available by writing to Jolie Harrison,
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/military.htm#surtass. The
SUMMARY:
E:\FR\FM\12AUN1.SGM
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
public may view the documents cited in
this notice, 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:
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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, 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 5 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,
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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 March 31, 2015, 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). On June 30, 2015, the Navy
submitted an addendum to the
SURTASS LFA application for 2015–
2016 to reflect consideration of the
presence of individuals of the western
distinct population segment of spotted
seal (Phoca largha) within one mission
area in the Sea of Japan. NMFS
considered the Navy’s application as
adequate and complete on July 6, 2015.
NMFS has renewed the first cohort of
2012 Authorizations on an annual basis
in 2013 (78 FR 57368, September 18,
2013) and again in 2014 (79 FR 49501,
August 21, 2014). The Navy’s 2015
application for renewal requests that
these four Authorizations become
effective on August 15, 2015, for a
period not to exceed one year.
Summary of Activity Under the 2014
Authorizations
The Navy submitted quarterly mission
reports for the periods of August 2014
through May 2015 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
detected by visual, passive, and active
acoustic monitoring and the estimated
percentage of each marine mammal
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48297
stock taken by Level A and Level B
harassment. The reports indicate the
following:
• The Navy conducted a total of
seven missions from August 15, 2014,
through May 14, 2015, in the western
North Pacific Ocean, which totaled 14.4
days and resulted in 35.8 hours of LFA
sonar transmissions.
• The cumulative total days of
SURTASS LFA sonar operations for the
VICTORIOUS (T–AGOS 19), ABLE (T–
AGOS 20), EFFECTIVE (T–AGOS 21),
and IMPECCABLE (T–AGOS 23), were
99.8, 99.3, 94.9, and 100 percent below
the annual levels contemplated in the
Final Rule for each vessel respectively
(i.e., 240 days per vessel);
• The cumulative total hours of
SURTASS LFA sonar transmissions for
the VICTORIOUS, ABLE, EFFECTIVE,
and IMPECCABLE were 99.7, 99.4, 92.6,
and 100 percent below the levels
contemplated in the Final Rule for each
vessel respectively (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 2014
Authorizations.
• The total percentage of each marine
mammal stock taken by Level A
harassment has not exceeded the levels
authorized in the 2014 Authorizations.
In fact, the Navy reported no incidences
of Level A harassment takes.
The operational tempo, number of
active transmission hours, marine
mammal detections, 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
2014 Authorizations.
Monitoring Reports
The Navy has submitted the
monitoring reports on time as required
under 50 CFR 218.236 and the 2014
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 2014 Authorizations have
expired. Upon receipt, we will post the
annual report at: https://
www.nmfs.noaa.gov/pr/permits/
incidental/military.htm#surtass.
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48298
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
Level of Taking for 2015 Authorizations
Period
For the 2015 to 2016 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 northcentral Pacific Ocean that they
requested under the 2012, 2013, and
2014 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 2014
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 to the public.
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’ 2014–2015
Authorizations were undertaken and
will be undertaken during the period of
validity of the renewed 2015–2016
Authorizations.
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Adaptive Management
The Final Rule and 2014
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 NMFS and the Navy, if either
agency deems it necessary.
Section 218.241 of the Final Rule
describes three scenarios that could
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18:16 Aug 11, 2015
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contribute to the decision to modify the
mitigation or monitoring measures,
including: (a) Results from the Navy’s
monitoring from the previous year’s
operation of SURTASS LFA sonar; (b)
compiled results of Navy-funded
research and development studies; (c)
results from specific stranding
investigations; (d) results from general
marine mammal and sound research
funded by the Navy or other sponsors;
and (e) any information that reveals
marine mammals may have been taken
in a manner, extent or number not
anticipated by these regulations or
subsequent Authorizations. None of the
information reviewed by NMFS or the
Navy resulted in any modifications to
the existing mitigation or monitoring
measures at this time.
Consideration of Areas as Potential
OBIAs
On December 4, 2014, April 16, 2015,
and June 18, 2015, we and the Navy
convened Adaptive Management
meetings 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
December 2014 and April 2015
meetings.
NMFS and the Navy continue to
evaluate information relating to areas for
potential consideration as OBIAs. All of
these areas fall outside the areas in
which the Navy may operate under the
2015 Authorizations. None of these
areas is located within the Navy’s
mission areas for the 2015
Authorizations and the Navy will not
operate SURTASS LFA sonar in these
areas within the timeframes of the
2015–2016 Authorizations. Throughout
the effective period of the Final Rule,
we will continue 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 Authorizations to
the Navy, authorizing the incidental
harassment of marine mammals,
incidental to operating the four
SURTASS LFA sonar systems for
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Frm 00012
Fmt 4703
Sfmt 4703
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 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 14, 2016, 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
Authorizations are undertaken.
Dated: August 6, 2015.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2015–19769 Filed 8–11–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE090
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Scientific & Statistical Committee to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
SUMMARY:
This meeting will be held on
Tuesday, September 1, 2015, beginning
at 9 a.m.
ADDRESSES:
Meeting address: The meeting will be
held at the Hilton Garden Inn, Boston
Logan, 100 Boardman Street, Boston,
MA 02128; phone: (617) 567–6789.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
DATES:
E:\FR\FM\12AUN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48296-48298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19769]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE071
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, 2015, through
August 14, 2016.
ADDRESSES: Electronic copies of the Navy's March 31, 2015, application
letter and the Authorizations are available by writing to Jolie
Harrison, 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/military.htm#surtass. The
[[Page 48297]]
public may view the documents cited in this notice, 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, 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 5 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 March 31, 2015, 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). On June 30, 2015, the Navy submitted an addendum to the
SURTASS LFA application for 2015-2016 to reflect consideration of the
presence of individuals of the western distinct population segment of
spotted seal (Phoca largha) within one mission area in the Sea of
Japan. NMFS considered the Navy's application as adequate and complete
on July 6, 2015.
NMFS has renewed the first cohort of 2012 Authorizations on an
annual basis in 2013 (78 FR 57368, September 18, 2013) and again in
2014 (79 FR 49501, August 21, 2014). The Navy's 2015 application for
renewal requests that these four Authorizations become effective on
August 15, 2015, for a period not to exceed one year.
Summary of Activity Under the 2014 Authorizations
The Navy submitted quarterly mission reports for the periods of
August 2014 through May 2015 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 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 seven missions from August
15, 2014, through May 14, 2015, in the western North Pacific Ocean,
which totaled 14.4 days and resulted in 35.8 hours of LFA sonar
transmissions.
The cumulative total days of SURTASS LFA sonar operations
for the VICTORIOUS (T-AGOS 19), ABLE (T-AGOS 20), EFFECTIVE (T-AGOS
21), and IMPECCABLE (T-AGOS 23), were 99.8, 99.3, 94.9, and 100 percent
below the annual levels contemplated in the Final Rule for each vessel
respectively (i.e., 240 days per vessel);
The cumulative total hours of SURTASS LFA sonar
transmissions for the VICTORIOUS, ABLE, EFFECTIVE, and IMPECCABLE were
99.7, 99.4, 92.6, and 100 percent below the levels contemplated in the
Final Rule for each vessel respectively (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 2014
Authorizations.
The total percentage of each marine mammal stock taken by
Level A harassment has not exceeded the levels authorized in the 2014
Authorizations. In fact, the Navy reported no incidences of Level A
harassment takes.
The operational tempo, number of active transmission hours, marine
mammal detections, 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 2014
Authorizations.
Monitoring Reports
The Navy has submitted the monitoring reports on time as required
under 50 CFR 218.236 and the 2014 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 2014 Authorizations have expired.
Upon receipt, we will post the annual report at: https://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass.
[[Page 48298]]
Level of Taking for 2015 Authorizations Period
For the 2015 to 2016 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,
2013, and 2014 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 2014 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 to the public.
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' 2014-2015
Authorizations were undertaken and will be undertaken during the period
of validity of the renewed 2015-2016 Authorizations.
Adaptive Management
The Final Rule and 2014 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 NMFS and the Navy, if either agency deems it necessary.
Section 218.241 of the Final Rule describes three scenarios that
could contribute to the decision to modify the mitigation or monitoring
measures, including: (a) Results from the Navy's monitoring from the
previous year's operation of SURTASS LFA sonar; (b) compiled results of
Navy-funded research and development studies; (c) results from specific
stranding investigations; (d) results from general marine mammal and
sound research funded by the Navy or other sponsors; and (e) any
information that reveals marine mammals may have been taken in a
manner, extent or number not anticipated by these regulations or
subsequent Authorizations. None of the information reviewed by NMFS or
the Navy resulted in any modifications to the existing mitigation or
monitoring measures at this time.
Consideration of Areas as Potential OBIAs
On December 4, 2014, April 16, 2015, and June 18, 2015, we and the
Navy convened Adaptive Management meetings 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 December 2014
and April 2015 meetings.
NMFS and the Navy continue to evaluate information relating to
areas for potential consideration as OBIAs. All of these areas fall
outside the areas in which the Navy may operate under the 2015
Authorizations. None of these areas is located within the Navy's
mission areas for the 2015 Authorizations and the Navy will not operate
SURTASS LFA sonar in these areas within the timeframes of the 2015-2016
Authorizations. Throughout the effective period of the Final Rule, we
will continue 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 Authorizations 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
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 14, 2016, 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 Authorizations are undertaken.
Dated: August 6, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2015-19769 Filed 8-11-15; 8:45 am]
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