Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training and Testing Activities in the Hawaii-Southern California Training and Testing Study Area, 20105-20107 [2019-09376]
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices
ceramic tile ‘‘slabs’’ or ‘‘panels’’ (tiles that are
larger than 1 meter2 (11 ft.2)).
Subject merchandise includes ceramic tile
that undergoes minor processing in a third
country prior to importation into the United
States. Similarly, subject merchandise
includes ceramic tile produced that
undergoes minor processing after importation
into the United States. Such minor
processing includes, but is not limited to, one
or more of the following: Beveling, cutting,
trimming, staining, painting, polishing,
finishing, additional firing, or any other
processing that would otherwise not remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the in-scope product.
Subject merchandise is currently classified
in the Harmonized Tariff Schedule of the
United States (HTSUS) under the following
subheadings of heading 6907: 6907.21.1005,
6907.21.1011, 6907.21.1051, 6907.21.2000,
6907.21.3000, 6907.21.4000, 6907.21.9011,
6907.21.9051, 6907.22.1005, 6907.22.1011,
6907.22.1051, 6907.22.2000, 6907.22.3000,
6907.22.4000, 6907.22.9011, 6907.22.9051,
6907.23.1005, 6907.23.1011, 6907.23.1051,
6907.23.2000, 6907.23.3000, 6907.23.4000,
6907.23.9011, 6907.23.9051, 6907.30.1005,
6907.30.1011, 6907.30.1051, 6907.30.2000,
6907.30.3000, 6907.30.4000, 6907.30.9011,
6907.30.9051, 6907.40.1005, 6907.40.1011,
6907.40.1051, 6907.40.2000, 6907.40.3000,
6907.40.4000, 6907.40.9011, and
6907.40.9051. Subject merchandise may also
enter under subheadings of headings 6914
and 6905: 6914.10.8000, 6914.90.8000,
6905.10.0000, and 6905.90.0050. The HTSUS
subheadings are provided for convenience
and customs purposes only. The written
description of the scope of this investigation
is dispositive.
[FR Doc. 2019–09452 Filed 5–7–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Proposed Information Collection;
Comment Request; NIST Associates
Information System
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before July 8, 2019.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
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SUMMARY:
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Department of Commerce, Room 6616,
1401 Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at docpra@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Mary Clague, 301–975–4188,
mary.clague@nist.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
NIST Associates (NA) will include
guest researchers, research associates,
contractors, and other non-NIST
employees that require access to NIST
campuses or NIST resources. The NIST
Associates Information System (NAIS)
information collection instrument(s) are
completed by the incoming NAs. The
NAs will be requested to provide
personal identifying data including
home address, date and place of birth,
employer name and address, and basic
security information. The data provided
by the collection instruments will be
input into NAIS, which automatically
populates the appropriate forms, and is
routed through the approval process.
NIST’s Office of Security receives
security forms through the NAIS process
and is able to allow preliminary access
to NAs to the NIST campuses or
resources. The data collected will also
be the basis for further security
investigations as necessary.
II. Method of Collection
The information is collected in paper
format.
III. Data
OMB Control Number: 0693–0067.
Form Number(s): None.
Type of Review: Revision and
extension of a current information
collection.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
4,000.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 2,000.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
NIST invites comments on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden (including hours and cost)
of the proposed collection of
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20105
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–09458 Filed 5–7–19; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG959
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the U.S. Navy Training
and Testing Activities in the HawaiiSouthern California Training and
Testing Study Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
regulations and Letters of Authorization
extension; request for comments and
information.
AGENCY:
NMFS has received a request
from the U.S. Navy (Navy) to extend the
expiration date from December 2023 to
December 2025 for Marine Mammal
Protection Act (MMPA) regulations
authorizing the take of marine mammals
incidental to Navy training and testing
activities conducted in the HawaiiSouthern California Training and
Testing (HSTT) Study Area. In August
2018, the MMPA was amended by the
John S. McCain National Defense
Authorization Act (NDAA) for Fiscal
Year 2019 to allow for seven-year
authorizations for military readiness
activities, as compared to the previously
allowed five years. The Navy’s activities
qualify as military readiness activities
pursuant to the MMPA as amended by
the NDAA for Fiscal Year 2004. In
making the request to extend the time
period covered by the MMPA 2018
HSTT regulations from five to seven
years, the Navy proposes no changes to
their specified activities, the
SUMMARY:
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices
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geographical region in which those
activities would be conducted,
mitigation measures, monitoring, or
reporting over the longer seven-year
period. NMFS invites the public to
provide information, suggestions, and
comments on the Navy’s application.
DATES: Comments and information must
be received no later than June 7, 2019.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service. Physical comments
should be sent to 1315 East-West
Highway, Silver Spring, MD 20910 and
electronic comments should be sent to
ITP.Piniak@noaa.gov.
Instructions: NMFS is not responsible
for information or comments sent by
any other method, to any other address
or individual, or received after the end
of the comment period. Information and
comments received electronically,
including all attachments, must not
exceed a 25-megabyte file size.
Attachments to electronic comments
will be accepted in Microsoft Word or
Excel or Adobe PDF file formats only.
All information and comments received
are a part of the public record and will
generally be posted online at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Wendy Piniak, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of the Navy’s
application may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-militaryreadiness-activities. In case of problems
accessing these documents, please call
the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
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limited to harassment, a notice of a
proposed authorization is provided to
the public for review and the
opportunity to submit comments.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring,
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
The NDAA for Fiscal Year 2004 (2004
NDAA) (Pub. L. 108–136) amended
section 101(a)(5) of the MMPA to
remove the ‘‘small numbers’’ and
‘‘specified geographical region’’
provisions indicated above and
amended the definition of ‘‘harassment’’
as it applies to a ‘‘military readiness
activity’’ to read as follows (Section
3(18)(B) of the MMPA): (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). In addition, the
2004 NDAA amended the MMPA as it
relates to military readiness activities
such that least practicable adverse
impact shall include consideration of
personnel safety, practicality of
implementation, and impact on the
effectiveness of the military readiness
activity.
More recently, section 316 of the
NDAA for Fiscal Year 2019 (2019
NDAA) (Pub. L. 115–232), signed on
August 13, 2018, amended the MMPA to
allow incidental take rules for military
readiness activities under section
101(a)(5)(A) to be issued for up to seven
years. Prior to this amendment, all
incidental take rules under section
101(a)(5)(A) were limited to five years.
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Summary of Request
On March 11, 2019, NMFS received
an adequate and complete application
from the Navy requesting that NMFS
extend the 2018 HSTT regulations (83
FR 66846) and associated Letters of
Authorization (LOAs) such that they
would cover take incidental to seven
years of training and testing activities
instead of five, extending the expiration
date from December 20, 2023 to
December 20, 2025. The extension
would be conducted through a proposed
and final rulemaking analyzing seven
years of activity, consistent with the
requirements of section 101(a)(5)(A).
Specifically, the activities include
training and testing (all categorized as
military readiness activities) including
the use of active acoustic sonar systems
and other transducers, in-water
detonations, air guns, construction
activities involving pile removal and
installation, and the operation of a fleet
of vessels throughout the HSTT Study
Area. These activities may result in the
incidental take of marine mammals in
the form of Level B harassment
(behavioral disruption or temporary
hearing impairment), Level A
harassment (permanent hearing
impairment or tissue damage), or
serious injury or mortality in a very
small number of cases.
Description of Activity
In its 2019 application, the Navy
proposes no changes to the nature of the
specified activities covered by the 2018
HSTT final rule, the level of activity
within and between years would be
consistent with that previously analyzed
in the 2018 HSTT final rule and all
activities would be conducted within
the same boundaries of the HSTT Study
Area identified in the 2018 HSTT final
rule. Therefore, the training and testing
activities (e.g., equipment and sources
used, exercises conducted) and the
mitigation, monitoring, and reporting
measures are identical to those
described and analyzed in the 2018
HSTT final rule. The only changes
included in the Navy’s request are to
conduct those same activities in the
same region for an additional two years.
In its request, the Navy included all
information necessary to identify the
type and amount of incidental take that
may occur in the two additional years
so NMFS could determine whether the
analyses and conclusions regarding the
impacts of the proposed activities on
marine mammal species and stocks
previously reached for five years of
activities remain the same for seven
years of identical activity.
E:\FR\FM\08MYN1.SGM
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Notices
Regarding the quantification of
expected takes from acoustic and
explosive sources (by Level A
harassment and Level B harassment, as
well as mortality resulting from
exposure to explosives), the number of
takes are based directly on the level of
activities (days, hours, counts, etc., of
different activities and events) in a
given year. In the 2018 HSTT final rule,
take estimates across the five-years were
based on the Navy conducting three
years of a representative level of activity
and two years of maximum level of
activity. Consistent with the pattern set
forth in the 2017 application, the 2018
HSTT Final Environmental Impact
Statement/Overseas Environmental
Impact Statement (FEIS/OEIS,
www.hstteis.com/), and the 2018 HSTT
final rule, the Navy proposes to add one
additional representative year and one
additional maximum year to determine
the predicted take numbers in this rule.
Specifically, as in the 2018 HSTT final
rule, the Navy proposes to use the
maximum annual level to calculate
annual takes (which would remain
identical to what was determined in the
2018 HSTT final rule), and the sum of
all years (four representative and three
maximum) to calculate the seven-year
totals for this rule.
The existing 2018 HSTT regulations
authorize three serious injuries or
mortalities from vessel strike in the
HSTT Study Area over five years. Based
on a revised vessel strike analysis
encompassing seven years of activities,
the Navy requests no change in the
number of requested large whale
mortalities due to vessel strike. The
large whale stocks that are proposed to
be taken by vessel strike are the same as
those included in the 2018 HSTT final
rule.
As noted above, the proposed
extension of the rule would include
mitigation, monitoring, and reporting
measures that are identical to those
included in the 2018 HSTT final rule.
Mitigation would include procedural
mitigation measures and mitigation
areas. Procedural mitigation includes,
but is not limited to, the use of trained
Lookouts (protected species observers)
to monitor for marine mammals in
mitigation zones, requirements for
Lookouts to immediately provide
notification of sightings to the
appropriate watch station, requirements
for implementation of powerdown and
shutdown mitigation measures (based
on activity defined zones), pre- and
post-monitoring requirements for
explosive events, and measures to
reduce the likelihood of ship strikes.
Chapter 5 of the 2018 HSTT FEIS/OEIS
and the Mitigation Measures section of
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the 2018 HSTT final rule include
detailed descriptions of mitigation
measures for each specified activity in
the HSTT Study Area. The Navy will
also implement mitigation measures
within certain areas (Mitigation Areas)
and/or at times to avoid or minimize
potential impacts on marine mammals
in areas and/or times where they are
known to engage in biologically
important behaviors (i.e., for foraging,
migration, reproduction), where the
disruption of those behaviors would be
more likely to result in population-level
impact. The Mitigation Measures section
in the 2018 HSTT final rule includes
detailed descriptions of geographic
mitigation measures in the HSTT Study
Area. Maps and tables of the mitigation
areas can be found in Chapter 5 of the
2018 HSTT FEIS/OEIS.
The Navy proposes to continue
forward the implementation of the
robust Integrated Comprehensive
Monitoring Program and Strategic
Planning Process outlined in the current
regulations. The Navy’s monitoring
strategy, currently required by the 2018
HSTT regulations, is well-designed to
work across Navy ranges to help better
understand the impacts of the Navy’s
activities on marine mammals and their
habitat by focusing on learning more
about marine mammal occurrence in
different areas and exposure to Navy
stressors, marine mammal responses to
different sound sources, and the
consequences of those exposures and
responses on marine mammal
populations. Similarly, the proposed
extension of regulations would include
identical adaptive management
provisions and reporting requirements
as the existing regulations. Please refer
to Chapter 13 of the Navy’s application
for full details on the monitoring and
reporting proposed by the Navy.
DEPARTMENT OF COMMERCE
Information Solicited
Carrie Hall, Evaluator, Planning and
Performance Measurement Program,
Office for Coastal Management, NOS/
NOAA, 1305 East-West Highway, 11th
Floor, N/OCM1, Silver Spring,
Maryland 20910, by phone at (240) 533–
0730 or email comments Carrie.Hall@
noaa.gov. Copies of the previous
evaluation findings and 2016–2020
Assessment and Strategy may be viewed
and downloaded on the internet at
https://coast.noaa.gov/czm/evaluations.
A copy of the evaluation notification
letter and most recent progress report
may be obtained upon request by
contacting the person identified under
FOR FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: Section
312 of the Coastal Zone Management
Interested persons may submit
information, suggestions, and comments
concerning the Navy’s request (see
ADDRESSES). NMFS will consider all
information, suggestions, and comments
related to the request during the
development of proposed regulations
governing the incidental taking of
marine mammals by the Navy, if
appropriate.
Dated: April 30, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–09376 Filed 5–7–19; 8:45 am]
BILLING CODE 3510–22–P
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National Oceanic and Atmospheric
Administration
Evaluation of State Coastal
Management Programs
Office for Coastal Management
(OCM), National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of public meeting.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA),
Office for Coastal Management will hold
a public meeting to solicit comments on
the performance evaluation of the
Rhode Island Coastal Management
Program.
SUMMARY:
Rhode Island Coastal
Management Program Evaluation: The
public meeting will be held on June 18,
2019, and written comments must be
received on or before June 28, 2019.
For specific dates, times, and
locations of the public meetings, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: You may submit comments
on the coastal program NOAA intends
to evaluate by any of the following
methods:
Public Meeting and Oral Comments:
A public meeting will be held in
Wakefield, Rhode Island. For the
specific location, see SUPPLEMENTARY
INFORMATION.
Written Comments: Please direct
written comments to Carrie Hall,
Evaluator, Planning and Performance
Measurement Program, Office for
Coastal Management, NOS/NOAA, 1305
East-West Highway, 11th Floor, N/
OCM1, Silver Spring, Maryland 20910,
or email comments Carrie.Hall@
noaa.gov.
DATES:
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Notices]
[Pages 20105-20107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09376]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG959
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the U.S. Navy Training and Testing Activities in the
Hawaii-Southern California Training and Testing Study Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for regulations and Letters of
Authorization extension; request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Navy (Navy) to
extend the expiration date from December 2023 to December 2025 for
Marine Mammal Protection Act (MMPA) regulations authorizing the take of
marine mammals incidental to Navy training and testing activities
conducted in the Hawaii-Southern California Training and Testing (HSTT)
Study Area. In August 2018, the MMPA was amended by the John S. McCain
National Defense Authorization Act (NDAA) for Fiscal Year 2019 to allow
for seven-year authorizations for military readiness activities, as
compared to the previously allowed five years. The Navy's activities
qualify as military readiness activities pursuant to the MMPA as
amended by the NDAA for Fiscal Year 2004. In making the request to
extend the time period covered by the MMPA 2018 HSTT regulations from
five to seven years, the Navy proposes no changes to their specified
activities, the
[[Page 20106]]
geographical region in which those activities would be conducted,
mitigation measures, monitoring, or reporting over the longer seven-
year period. NMFS invites the public to provide information,
suggestions, and comments on the Navy's application.
DATES: Comments and information must be received no later than June 7,
2019.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent to [email protected].
Instructions: NMFS is not responsible for information or comments
sent by any other method, to any other address or individual, or
received after the end of the comment period. Information and comments
received electronically, including all attachments, must not exceed a
25-megabyte file size. Attachments to electronic comments will be
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All
information and comments received are a part of the public record and
will generally be posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying information (e.g., name,
address) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Wendy Piniak, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the Navy's
application may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon
request, the incidental, but not intentional, taking of small numbers
of marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region
if certain findings are made and either regulations are issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review and the opportunity
to submit comments.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring, and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
The NDAA for Fiscal Year 2004 (2004 NDAA) (Pub. L. 108-136) amended
section 101(a)(5) of the MMPA to remove the ``small numbers'' and
``specified geographical region'' provisions indicated above and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity'' to read as follows (Section 3(18)(B) of the MMPA):
(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). In addition, the 2004 NDAA amended the MMPA as it
relates to military readiness activities such that least practicable
adverse impact shall include consideration of personnel safety,
practicality of implementation, and impact on the effectiveness of the
military readiness activity.
More recently, section 316 of the NDAA for Fiscal Year 2019 (2019
NDAA) (Pub. L. 115-232), signed on August 13, 2018, amended the MMPA to
allow incidental take rules for military readiness activities under
section 101(a)(5)(A) to be issued for up to seven years. Prior to this
amendment, all incidental take rules under section 101(a)(5)(A) were
limited to five years.
Summary of Request
On March 11, 2019, NMFS received an adequate and complete
application from the Navy requesting that NMFS extend the 2018 HSTT
regulations (83 FR 66846) and associated Letters of Authorization
(LOAs) such that they would cover take incidental to seven years of
training and testing activities instead of five, extending the
expiration date from December 20, 2023 to December 20, 2025. The
extension would be conducted through a proposed and final rulemaking
analyzing seven years of activity, consistent with the requirements of
section 101(a)(5)(A). Specifically, the activities include training and
testing (all categorized as military readiness activities) including
the use of active acoustic sonar systems and other transducers, in-
water detonations, air guns, construction activities involving pile
removal and installation, and the operation of a fleet of vessels
throughout the HSTT Study Area. These activities may result in the
incidental take of marine mammals in the form of Level B harassment
(behavioral disruption or temporary hearing impairment), Level A
harassment (permanent hearing impairment or tissue damage), or serious
injury or mortality in a very small number of cases.
Description of Activity
In its 2019 application, the Navy proposes no changes to the nature
of the specified activities covered by the 2018 HSTT final rule, the
level of activity within and between years would be consistent with
that previously analyzed in the 2018 HSTT final rule and all activities
would be conducted within the same boundaries of the HSTT Study Area
identified in the 2018 HSTT final rule. Therefore, the training and
testing activities (e.g., equipment and sources used, exercises
conducted) and the mitigation, monitoring, and reporting measures are
identical to those described and analyzed in the 2018 HSTT final rule.
The only changes included in the Navy's request are to conduct those
same activities in the same region for an additional two years. In its
request, the Navy included all information necessary to identify the
type and amount of incidental take that may occur in the two additional
years so NMFS could determine whether the analyses and conclusions
regarding the impacts of the proposed activities on marine mammal
species and stocks previously reached for five years of activities
remain the same for seven years of identical activity.
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Regarding the quantification of expected takes from acoustic and
explosive sources (by Level A harassment and Level B harassment, as
well as mortality resulting from exposure to explosives), the number of
takes are based directly on the level of activities (days, hours,
counts, etc., of different activities and events) in a given year. In
the 2018 HSTT final rule, take estimates across the five-years were
based on the Navy conducting three years of a representative level of
activity and two years of maximum level of activity. Consistent with
the pattern set forth in the 2017 application, the 2018 HSTT Final
Environmental Impact Statement/Overseas Environmental Impact Statement
(FEIS/OEIS, www.hstteis.com/), and the 2018 HSTT final rule, the Navy
proposes to add one additional representative year and one additional
maximum year to determine the predicted take numbers in this rule.
Specifically, as in the 2018 HSTT final rule, the Navy proposes to use
the maximum annual level to calculate annual takes (which would remain
identical to what was determined in the 2018 HSTT final rule), and the
sum of all years (four representative and three maximum) to calculate
the seven-year totals for this rule.
The existing 2018 HSTT regulations authorize three serious injuries
or mortalities from vessel strike in the HSTT Study Area over five
years. Based on a revised vessel strike analysis encompassing seven
years of activities, the Navy requests no change in the number of
requested large whale mortalities due to vessel strike. The large whale
stocks that are proposed to be taken by vessel strike are the same as
those included in the 2018 HSTT final rule.
As noted above, the proposed extension of the rule would include
mitigation, monitoring, and reporting measures that are identical to
those included in the 2018 HSTT final rule. Mitigation would include
procedural mitigation measures and mitigation areas. Procedural
mitigation includes, but is not limited to, the use of trained Lookouts
(protected species observers) to monitor for marine mammals in
mitigation zones, requirements for Lookouts to immediately provide
notification of sightings to the appropriate watch station,
requirements for implementation of powerdown and shutdown mitigation
measures (based on activity defined zones), pre- and post-monitoring
requirements for explosive events, and measures to reduce the
likelihood of ship strikes. Chapter 5 of the 2018 HSTT FEIS/OEIS and
the Mitigation Measures section of the 2018 HSTT final rule include
detailed descriptions of mitigation measures for each specified
activity in the HSTT Study Area. The Navy will also implement
mitigation measures within certain areas (Mitigation Areas) and/or at
times to avoid or minimize potential impacts on marine mammals in areas
and/or times where they are known to engage in biologically important
behaviors (i.e., for foraging, migration, reproduction), where the
disruption of those behaviors would be more likely to result in
population-level impact. The Mitigation Measures section in the 2018
HSTT final rule includes detailed descriptions of geographic mitigation
measures in the HSTT Study Area. Maps and tables of the mitigation
areas can be found in Chapter 5 of the 2018 HSTT FEIS/OEIS.
The Navy proposes to continue forward the implementation of the
robust Integrated Comprehensive Monitoring Program and Strategic
Planning Process outlined in the current regulations. The Navy's
monitoring strategy, currently required by the 2018 HSTT regulations,
is well-designed to work across Navy ranges to help better understand
the impacts of the Navy's activities on marine mammals and their
habitat by focusing on learning more about marine mammal occurrence in
different areas and exposure to Navy stressors, marine mammal responses
to different sound sources, and the consequences of those exposures and
responses on marine mammal populations. Similarly, the proposed
extension of regulations would include identical adaptive management
provisions and reporting requirements as the existing regulations.
Please refer to Chapter 13 of the Navy's application for full details
on the monitoring and reporting proposed by the Navy.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the Navy, if appropriate.
Dated: April 30, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-09376 Filed 5-7-19; 8:45 am]
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