Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 55177-55180 [2016-19673]
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Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices
Several areas were identified for
consideration. Three of the proposed
new OBIAs are in areas authorized
under the 2016–2017 Authorizations.
However, the Navy agrees to treat these
areas as OBIAs and will not transmit
SURTASS LFA sonar at received levels
above 180 dB SPL (rms) within 0.54 nmi
(1 km) of the boundary of these
potential OBIAs during the periods of
biologically important activities for the
purpose of the 2016–2017
Authorizations pending a final decision
on their designation. NMFS and Navy
will be including a description of the
evaluation of these new areas in the
Draft Supplemental Environmental
Impact Statement and rulemaking
process for the new (2017) SURTASS
LFA sonar operations.
rmajette on DSK2TPTVN1PROD with NOTICES
Litigation on Final Rule
On July 15, 2016, the U.S. Court of
Appeals for the Ninth Circuit issued a
decision in NRDC, et al. v. Pritzker, et
al., which challenged NMFS’ 2012 final
rule for SURTASS LFA sonar. The
Ninth Circuit had not, however, issued
a mandate in that case at the time the
LOAs were issued.
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing
On August 4, 2016, NMFS released its
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing (Guidance).
This new guidance established new
thresholds for predicting auditory
injury, which equates to Level A
harassment under the MMPA. In the
Federal Register Notice (81 FR 51694),
NMFS explained the approach it would
take during a transition period, wherein
we balance the need to consider this
new best available science with the fact
that some applicants have already
committed time and resources to the
development of analyses based on our
previous guidance and have constraints
that preclude the recalculation of take
estimates, as well as where the action is
in the agency’s decision-making
pipeline. In that Notice, we included a
non-exhaustive list of factors that would
inform the most appropriate approach
for considering the new Guidance,
including: The scope of effects; how far
in the process the applicant has
progressed; when the authorization is
needed; the cost and complexity of the
analysis; and the degree to which the
guidance is expected to affect our
analysis. In this case, the Navy’s
SURTASS LFA sonar rule was issued in
2012, this is the last remaining year of
activity that will be authorized under
this rule, and they need the
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authorization by August 12th in order to
ensure continuity of operations. The
SURTASS LFA sonar rule considers the
potential for small numbers of cetaceans
incurring auditory injury in the effects
analysis and, as noted in the Final Rule,
the Navy is authorized to take small
numbers of cetaceans by Level A
harassment as a precautionary measure
even though quantitative analyses
showed no Level A takes. The Navy has
a robust and practicable monitoring and
mitigation program that we believe is
very effective in reducing the likelihood
of injury. Additionally, we believe that
a fair number of marine mammals will
intentionally avoid approaching within
distances of this slow-moving source
that would result in injury. In summary,
we have considered the new Guidance
and believe that the likelihood of injury
is adequately addressed in the analysis
in the rule and appropriate protective
measures are in place in the LOA.
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, 2017, 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 12, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–19711 Filed 8–17–16; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE781
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 one-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
western and central North Pacific Ocean
and Indian Ocean.
DATES: These Authorizations are
effective from August 15, 2016, through
August 14, 2017.
ADDRESSES: Electronic copies of the
Navy’s April 5, 2016 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
public may view the documents cited in
this notice, by appointment, during
regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT: Dale
Youngkin, Office of Protected
Resources, NMFS (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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55178
Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices
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 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 April 5, 2016 we received an
application from the Navy requesting a
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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 western and central North Pacific
Ocean and Indian 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). NMFS considered the Navy’s
application as adequate and complete
on May 2, 2016.
NMFS has renewed the first cohort of
2012 Authorizations on an annual basis
in 2013 (78 FR 57368, September 18,
2013); 2014 (79 FR 49501, August 21,
2014); and again in 2015 (80 FR 48296).
The Navy’s 2016 application for renewal
requests that these four Authorizations
become effective on August 15, 2016, for
a period not to exceed one year.
Summary of Activity Under the 2015
Authorizations
The Navy submitted quarterly mission
reports for the periods of August 2015
through May 2016 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 eight
missions from August 15, 2015, through
May 14, 2016, in the northwestern
Pacific Ocean, which totaled 20.56
mission days and resulted in 37.1 hours
of LFA sonar transmissions (2.9% of the
permitted sonar transmission time).
• 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 2015
Authorizations.
• The total percentage of each marine
mammal stock taken by Level A
harassment has not exceeded the levels
authorized in the 2015 Authorizations.
In fact, the Navy reported no incidences
of Level A harassment takes.
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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
2015 Authorizations.
Monitoring Reports
The Navy has submitted the
monitoring reports on time as required
under 50 CFR 218.236 and the 2015
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 2015 Authorizations have
expired. Upon receipt, we will post the
annual report at: https://
www.nmfs.noaa.gov/pr/permits/
incidental/military.htm#surtass.
Level of Taking for 2016 Authorizations
Period
For the 2016 to 2017 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 western
and central North Pacific and Indian
Oceans as they have in the northwest
Pacific Ocean and the north-central
Pacific Ocean requested under the 2012,
2013, 2014, and 2015 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 previous
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
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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’ 2013–2014; 2014–
2015; and 2015–2016 Authorizations
were undertaken and will be undertaken
during the period of validity of the
renewed 2016–2017 Authorizations.
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Adaptive Management
The final rule and the previous
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 examples of the types of
information 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 with the exception
of consideration of new information
regarding potential OBIAs.
Consideration of Areas as Potential
OBIAs
On April 7, 2016, we and the Navy
convened a meeting to review and
discuss consideration of possible
additional Offshore Biologically
Important Areas (OBIAs) and
modification of existing OBIA
boundaries. International and U.S.
waters were evaluated to consider
newly available peer-reviewed scientific
data, information, or survey data on
marine areas that may be eligible for
consideration as OBIAs. This evaluation
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also included review of information
from the following sources:
• Cetacean and Sound Mapping
Working Group Biologically Important
Areas (CetMap BIAs);
• Marine Mammal Protected Area
Task Force (MMPATF)—identified
Important Marine Mammal Areas
(IMMAs);
• World Database on Protected Areas
(joint program of the International
Union for Conservation of Nature
[IUCN] and the United Nations
Environment Programme [UNEP]);
• 2014 United Nations List of
Protected Areas;
• Convention on Biological Diversity;
• Marine Protected Areas Global
(Wood, 2007);
• Marine Conservation Institute
MPAtlas; and
• Cetaceanhabitat.org
Several areas were identified for
consideration. Three of the proposed
new OBIAs are in areas authorized
under the 2016–2017 Authorizations.
However, the Navy agrees to treat these
areas as OBIAs and will not transmit
SURTASS LFA sonar at received levels
above 180 dB SPL (rms) within 0.54 nmi
(1 km) of the boundary of these
potential OBIAs during the periods of
biologically important activities for the
purpose of the 2016–2017
Authorizations pending a final decision
on their designation. NMFS and Navy
will be including a description of the
evaluation of these new areas in the
Draft Supplemental Environmental
Impact Statement and rulemaking
process for the new (2017) SURTASS
LFA sonar operations.
Litigation on Final Rule
On July 15, 2016, the U.S. Court of
Appeals for the Ninth Circuit issued a
decision in NRDC, et al. v. Pritzker, et
al., which challenged NMFS’ 2012 final
rule for SURTASS LFA sonar. The
Ninth Circuit had not, however, issued
a mandate in that case at the time the
LOAs were issued.
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing
On August 4, 2016, NMFS released its
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing (Guidance).
This new guidance established new
thresholds for predicting auditory
injury, which equates to Level A
harassment under the MMPA. In the
Federal Register Notice (81 FR 51694),
NMFS explained the approach it would
take during a transition period, wherein
we balance the need to consider this
new best available science with the fact
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55179
that some applicants have already
committed time and resources to the
development of analyses based on our
previous guidance and have constraints
that preclude the recalculation of take
estimates, as well as where the action is
in the agency’s decision-making
pipeline. In that Notice, we included a
non-exhaustive list of factors that would
inform the most appropriate approach
for considering the new Guidance,
including: the scope of effects; how far
in the process the applicant has
progressed; when the authorization is
needed; the cost and complexity of the
analysis; and the degree to which the
guidance is expected to affect our
analysis. In this case, the Navy’s
SURTASS LFA sonar rule was issued in
2012, this is the last remaining year of
activity that will be authorized under
this rule, and they need the
authorization by August 12th in order to
ensure continuity of operations. The
SURTASS LFA sonar rule considers the
potential for small numbers of cetaceans
incurring auditory injury in the effects
analysis and, as noted in the Final Rule,
the Navy is authorized to take small
numbers of cetaceans by Level A
harassment as a precautionary measure
even though quantitative analyses
showed no Level A takes. The Navy has
a robust and practicable monitoring and
mitigation program that we believe is
very effective in reducing the likelihood
of injury. Additionally, we believe that
a fair number of marine mammals will
intentionally avoid approaching within
distances of this slow-moving source
that would result in injury. In summary,
we have considered the new Guidance
and believe that the likelihood of injury
is adequately addressed in the analysis
in the rule and appropriate protective
measures are in place in the LOA.
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.
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Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices
These Authorizations remain valid
through August 14, 2017, 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 12, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–19673 Filed 8–17–16; 8:45 am]
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National Oceanic and Atmospheric
Administration
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Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Basic Requirements for Special
Exemption Permits and Authorizations
to Take, Import, and Export Marine
Mammals, Threatened and Endangered
Species, and for Maintaining a Captive
Marine Mammal Inventory Under the
Marine Mammal Protection, the Fur
Seal, and the Endangered Species Acts.
OMB Control Number: 0648–0084.
Form Number(s): None.
Type of Request: Regular (revision
and extension of a currently approved
information collection).
Number of Respondents: 536.
Average Hours per Response:
Scientific research permit applications,
50 hours; public display permit
applications, 30 hours; photography
permit applications, 10 hours; General
Authorization applications, 10 hours;
major permit modification requests, 35
hours; minor permit modification
requests, 3 hours; scientific research
permit reports, 12 hours; public display
permit reports, 2 hours; photography
permit reports, 2 hours; General
Authorization reports, 8 hours; public
display inventory reporting, 2 hours;
and record keeping, 2 hours per permit
or authorization type (including permits
for scientific research, public display,
photography, General Authorization;
and retention or transfer of rehabilitated
animals).
Burden Hours: 7,265.
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Needs and Uses: This request is for a
revision and extension of a currently
approved information collection.
The Marine Mammal Protection Act
(16 U.S.C. 1361 et seq.; MMPA), Fur
Seal Act (16 U.S.C. 1151 et seq.; FSA),
and Endangered Species Act (16 U.S.C.
1531 et seq.; ESA) prohibit certain
activities affecting marine mammals and
endangered and threatened species,
with exceptions. Pursuant to section 104
of the MMPA and Section 10(a)(1)(A) of
the ESA, special exception permits may
be obtained for scientific research and
enhancing the survival or recovery of a
species or stock of marine mammals or
threatened or endangered species.
Section 104 of the MMPA also includes
permits for commercial and educational
photography of marine mammals;
import and capture of marine mammals
for public display; and, Letters of
Confirmation under the General
Authorization for scientific research that
involves minimal disturbance to marine
mammals. The regulations
implementing permits and reporting
requirements under the MMPA and FSA
are at 50 CFR part 216; the regulations
for permit requirements under the ESA
are at 50 CFR part 222. The required
information in this collection is used to
make the determinations required by the
MMPA, ESA and their implementing
regulations prior to issuing a permit; to
establish appropriate permit conditions;
and to evaluate the impacts of the
proposed activity on protected species.
Inventory reporting pertaining to marine
mammals in public display facilities is
required by the MMPA.
This information collection applies to
certain protected species for which
NMFS is responsible, including
cetaceans (whales, dolphins and
porpoises), pinnipeds (seals and sea
lions), sawfish (largetooth and
smalltooth), sea turtles (in water), and
sturgeon (Atlantic and shortnose). The
information collection may be used for
future listed species.
The currently approved application
and reporting requirements will be
revised to (1) create separate sections for
marine mammals versus non-mammal
species where doing so will result in
less burden to the applicant (e.g., for
scientific methods); (2) clarify to
applicants why the information is
required and what level of detail is
needed for our analyses; (3) create
‘enhanced help’ features (e.g., pop-up
windows) in the online application
system, Authorizations and Permits for
Protected Species (APPS; https://
apps.nmfs.noaa.gov/) to make the
instructions more accessible; (4) create a
streamlined application and online
module in APPS for scientific research
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permits involving only import, export,
or receipt of biological samples (i.e.,
where no animals in the wild are
affected); (5) make photography permit
applications accessible via APPS.
Affected Public: Individuals or
households; business or other for-profit
organizations; not-for-profit institutions;
state, local and tribal government.
Frequency: Annually and on occasion.
Respondent’s Obligation: Mandatory.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2016–19681 Filed 8–17–16; 8:45 am]
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Administration
RIN 0648–XE813
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Salmon Technical Team (STT) and
Model Evaluation Workgroup (MEW)
will hold a webinar, which is open to
the public, to discuss and make
recommendations on issues on the
Council’s September 2016 agenda.
DATES: The webinar will be held on
Friday, September 2, from 1:30 p.m.
until business for the day is complete.
ADDRESSES: To attend the webinar, visit:
https://www.gotomeeting.com/online/
webinar/join-webinar. Enter the
Webinar ID, which is 152–433–643, and
your name and email address (required).
After logging in to the webinar, please:
dial this TOLL number +1 (562)–247–
8422 (not a toll-free number), enter the
Attendee phone audio access code 724–
010–245, and then enter your audio
phone pin (shown after joining the
webinar). Participants are required to
use their telephone, as this is the best
practice to avoid technical issues and
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55177-55180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19673]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE781
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.
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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 one-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 western and central
North Pacific Ocean and Indian Ocean.
DATES: These Authorizations are effective from August 15, 2016, through
August 14, 2017.
ADDRESSES: Electronic copies of the Navy's April 5, 2016 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
public may view the documents cited in this notice, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Dale Youngkin, 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
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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 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 April 5, 2016 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 western and central North
Pacific Ocean and Indian 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). NMFS considered the Navy's application as
adequate and complete on May 2, 2016.
NMFS has renewed the first cohort of 2012 Authorizations on an
annual basis in 2013 (78 FR 57368, September 18, 2013); 2014 (79 FR
49501, August 21, 2014); and again in 2015 (80 FR 48296). The Navy's
2016 application for renewal requests that these four Authorizations
become effective on August 15, 2016, for a period not to exceed one
year.
Summary of Activity Under the 2015 Authorizations
The Navy submitted quarterly mission reports for the periods of
August 2015 through May 2016 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 eight missions from August
15, 2015, through May 14, 2016, in the northwestern Pacific Ocean,
which totaled 20.56 mission days and resulted in 37.1 hours of LFA
sonar transmissions (2.9% of the permitted sonar transmission time).
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 2015
Authorizations.
The total percentage of each marine mammal stock taken by
Level A harassment has not exceeded the levels authorized in the 2015
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 2015
Authorizations.
Monitoring Reports
The Navy has submitted the monitoring reports on time as required
under 50 CFR 218.236 and the 2015 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 2015 Authorizations have expired.
Upon receipt, we will post the annual report at: https://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass.
Level of Taking for 2016 Authorizations Period
For the 2016 to 2017 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 western and central
North Pacific and Indian Oceans as they have in the northwest Pacific
Ocean and the north-central Pacific Ocean requested under the 2012,
2013, 2014, and 2015 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 previous 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
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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' 2013-2014;
2014-2015; and 2015-2016 Authorizations were undertaken and will be
undertaken during the period of validity of the renewed 2016-2017
Authorizations.
Adaptive Management
The final rule and the previous 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 examples of the types
of information 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 with the exception of consideration of new information regarding
potential OBIAs.
Consideration of Areas as Potential OBIAs
On April 7, 2016, we and the Navy convened a meeting to review and
discuss consideration of possible additional Offshore Biologically
Important Areas (OBIAs) and modification of existing OBIA boundaries.
International and U.S. waters were evaluated to consider newly
available peer-reviewed scientific data, information, or survey data on
marine areas that may be eligible for consideration as OBIAs. This
evaluation also included review of information from the following
sources:
Cetacean and Sound Mapping Working Group Biologically
Important Areas (CetMap BIAs);
Marine Mammal Protected Area Task Force (MMPATF)--
identified Important Marine Mammal Areas (IMMAs);
World Database on Protected Areas (joint program of the
International Union for Conservation of Nature [IUCN] and the United
Nations Environment Programme [UNEP]);
2014 United Nations List of Protected Areas;
Convention on Biological Diversity;
Marine Protected Areas Global (Wood, 2007);
Marine Conservation Institute MPAtlas; and
Cetaceanhabitat.org
Several areas were identified for consideration. Three of the
proposed new OBIAs are in areas authorized under the 2016-2017
Authorizations. However, the Navy agrees to treat these areas as OBIAs
and will not transmit SURTASS LFA sonar at received levels above 180 dB
SPL (rms) within 0.54 nmi (1 km) of the boundary of these potential
OBIAs during the periods of biologically important activities for the
purpose of the 2016-2017 Authorizations pending a final decision on
their designation. NMFS and Navy will be including a description of the
evaluation of these new areas in the Draft Supplemental Environmental
Impact Statement and rulemaking process for the new (2017) SURTASS LFA
sonar operations.
Litigation on Final Rule
On July 15, 2016, the U.S. Court of Appeals for the Ninth Circuit
issued a decision in NRDC, et al. v. Pritzker, et al., which challenged
NMFS' 2012 final rule for SURTASS LFA sonar. The Ninth Circuit had not,
however, issued a mandate in that case at the time the LOAs were
issued.
Technical Guidance for Assessing the Effects of Anthropogenic Sound on
Marine Mammal Hearing
On August 4, 2016, NMFS released its Technical Guidance for
Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing
(Guidance). This new guidance established new thresholds for predicting
auditory injury, which equates to Level A harassment under the MMPA. In
the Federal Register Notice (81 FR 51694), NMFS explained the approach
it would take during a transition period, wherein we balance the need
to consider this new best available science with the fact that some
applicants have already committed time and resources to the development
of analyses based on our previous guidance and have constraints that
preclude the recalculation of take estimates, as well as where the
action is in the agency's decision-making pipeline. In that Notice, we
included a non-exhaustive list of factors that would inform the most
appropriate approach for considering the new Guidance, including: the
scope of effects; how far in the process the applicant has progressed;
when the authorization is needed; the cost and complexity of the
analysis; and the degree to which the guidance is expected to affect
our analysis. In this case, the Navy's SURTASS LFA sonar rule was
issued in 2012, this is the last remaining year of activity that will
be authorized under this rule, and they need the authorization by
August 12th in order to ensure continuity of operations. The SURTASS
LFA sonar rule considers the potential for small numbers of cetaceans
incurring auditory injury in the effects analysis and, as noted in the
Final Rule, the Navy is authorized to take small numbers of cetaceans
by Level A harassment as a precautionary measure even though
quantitative analyses showed no Level A takes. The Navy has a robust
and practicable monitoring and mitigation program that we believe is
very effective in reducing the likelihood of injury. Additionally, we
believe that a fair number of marine mammals will intentionally avoid
approaching within distances of this slow-moving source that would
result in injury. In summary, we have considered the new Guidance and
believe that the likelihood of injury is adequately addressed in the
analysis in the rule and appropriate protective measures are in place
in the LOA.
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.
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These Authorizations remain valid through August 14, 2017, 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 12, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-19673 Filed 8-17-16; 8:45 am]
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