Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Training and Testing Activities in the Northwest Training and Testing Study Area, 38225-38226 [2019-16759]
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Notices
XI. Recommendation
[FR Doc. 2019–16753 Filed 8–5–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XR008
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Navy Training and
Testing Activities in the Northwest
Training and Testing Study Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
a Letter of Authorization; request for
comments and information.
Background
NMFS has received a request
from the U.S. Navy (Navy) for
authorization to take marine mammals
incidental to training and testing
activities conducted in the Northwest
Training and Testing (NWTT) Study
Area for a period of seven years, from
November, 2020 through November,
2027. Pursuant to regulations
implementing the Marine Mammal
Protection Act (MMPA), NMFS is
announcing receipt of the Navy’s
request for the development and
implementation of regulations
governing the incidental taking of
marine mammals. NMFS invites the
public to provide information,
suggestions, and comments on the
Navy’s application and request.
DATES: Comments and information must
be received no later than September 5,
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 comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (Secretary)
to allow, upon request, the incidental,
but not intentional taking of marine
mammals by U.S. citizens who engage
in a specified activity (other than
commercial fishing) within a specified
geographic region if certain findings are
made and either regulations are issued
or, if the taking is limited to harassment,
notice of a proposed authorization is
provided to the public for review.
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.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as any act of
pursuit, torment, or annoyance which:
(i) Has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
AGENCY:
SUMMARY:
jbell on DSK3GLQ082PROD with NOTICES
and will generally be posted to the
internet at www.nmfs.noaa.gov/pr/
permits/incidental/military.htm 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:
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19:21 Aug 05, 2019
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Frm 00024
Fmt 4703
Sfmt 4703
38225
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
The National Defense Authorization
Act (NDAA) for Fiscal Year 2004 (Public
Law (Pub. L.) 108–136) removed the
‘‘small numbers’’ and ‘‘specified
geographical region’’ limitations
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). On August 13, 2018, the
2019 NDAA (Pub. L. 115–232) amended
the MMPA to allow incidental take
regulations for military readiness
activities to be issued for up to seven
years.
Summary of Request
On March 11, 2019, NMFS received
an adequate and complete application
from the Navy requesting authorization
for the take of marine mammals, by
Level A harassment and B harassment,
incidental to training, testing, and
routine military operations (all
categorized as military readiness
activities) from the use of sonar and
other transducers and in-water
detonations. In addition, the Navy is
requesting authorization of three takes
of large whales by serious injury or
mortality resulting from vessel strikes.
NMFS received a revised application on
June 24, 2019. The requested regulations
would be valid for seven years, from
2020 through 2027.
This will be the third time NMFS has
promulgated incidental take regulations
pursuant to the MMPA relating to
similar military readiness activities in
the NWTT Study Area, following those
effective from November 9, 2010
through November 8, 2015 (75 FR
69275; November 10, 2010) and from
November 9, 2015 through November 8,
2010 (80 FR 73555; November 24, 2015).
Description of the Specified Activity
The NWTT Study Area is composed
of established maritime operating and
warning areas in the eastern North
E:\FR\FM\06AUN1.SGM
06AUN1
jbell on DSK3GLQ082PROD with NOTICES
38226
Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Notices
Pacific Ocean region, including areas of
the Strait of Juan de Fuca, Puget Sound,
and Western Behm Canal in
southeastern Alaska (see Figure 2–1 of
the Navy’s application). The Study Area
includes four existing range complexes
and facilities: The Northwest Training
Range Complex, the Keyport Range
Complex, Carr Inlet Operations Area,
and the Southeast Alaska Acoustic
Measurement Facility (Western Behm
Canal, Alaska). In addition to these
range complexes, the Study Area also
includes Navy pierside locations where
sonar maintenance and testing occurs as
part of overhaul, modernization,
maintenance, and repair activities at
Naval Base Kitsap, Bremerton; Naval
Base Kitsap, Bangor; and Naval Station
Everett.
The following types of training and
testing activities, which are classified as
military readiness activities pursuant to
section 315(f) of Pub. L. 101–314 (16
U.S.C. 703), are included in the
specified activity described in the
Navy’s application: Anti-submarine
warfare (sonar and other transducers,
underwater detonations), mine warfare
(sonar and other transducers,
underwater detonations), surface
warfare (underwater detonations), and
other (sonar and other transducers).
The Navy’s application includes
proposed mitigation measures for
marine mammals that would be
implemented during training and testing
activities in the NWTT Study Area (see
Section 11 of the Navy’s application).
Proposed procedural mitigation
measures and geographic mitigation
areas generally include: (1) The use of
Lookouts to observe for biological
resources and communicate the need for
mitigation implementation; (2)
powerdowns, shutdowns, and delay of
starts to avoid exposure of marine
mammals to high levels of sound or
explosive blasts more likely to result in
injury or more serious behavioral
disruption; and (3) limiting the use of
active sonar or explosives in certain
biologically important areas to reduce
the probability or severity of impacts
when they are more likely to contribute
to fitness impacts (see Figure 11–1 of
the Navy’s application).
The Navy also proposes to undertake
monitoring and reporting efforts to track
compliance with incidental take
authorizations and to help investigate
the effectiveness of implemented
mitigation measures in the NWTT Study
Area. This includes Adaptive
Management, the Integrated
Comprehensive Monitoring Program,
the Strategic Planning Process, and
Annual Monitoring and Activity
Reports. As an example, under the
VerDate Sep<11>2014
19:21 Aug 05, 2019
Jkt 247001
Integrated Comprehensive Monitoring
Program, the monitoring relating to the
effects of Navy training and testing
activities on protected marine species
are designed to increase the
understanding of the likely occurrence
of marine mammals in the vicinity of
the action (i.e., presence, abundance,
distribution, and density of species) and
to increase the understanding of the
nature, scope, or context of the likely
exposure of marine mammals to any of
the potential stressors associated with
the action.
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: August 1, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–16759 Filed 8–5–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
U.S. Integrated Ocean Observing
System (IOOS®) Advisory Committee
National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
Notice is hereby given of a
virtual meeting of the U.S. Integrated
Ocean Observing System (IOOS®)
Advisory Committee (Committee).
DATES: The meeting will be held on
Wednesday, August 21, 2019, from
11:00 a.m. to 3:00 p.m. EST. These times
and the agenda topics described below
are subject to change. Refer to the web
page listed below for the most up-todate agenda and dial-in information.
ADDRESSES: The meeting will be held
virtually. Refer to the web page listed
below for the most up-to-date
information.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Krisa Arzayus, Designated Federal
Official, U.S. IOOS Advisory
Committee, U.S. IOOS Program, 1315
East-West Highway, Silver Spring, MD
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
20910; Phone 240–533–9455; Fax 301–
713–3281; Email krisa.arzayus@
noaa.gov or visit the U.S. IOOS
Advisory Committee website at https://
ioos.noaa.gov/community/u-s-ioosadvisory-committee/.
SUPPLEMENTARY INFORMATION: The
Committee was established by the
NOAA Administrator as directed by
Section 12304 of the Integrated Coastal
and Ocean Observation System Act, part
of the Omnibus Public Land
Management Act of 2009 (Pub. L. 111–
11). The Committee advises the NOAA
Administrator and the Interagency
Ocean Observation Committee (IOOC)
on matters related to the responsibilities
and authorities set forth in section
12302 of the Integrated Coastal and
Ocean Observation System Act of 2009
and other appropriate matters as the
Under Secretary refers to the Committee
for review and advice.
The Committee will provide advice
on:
(a) Administration, operation,
management, and maintenance of the
System;
(b) Expansion and periodic
modernization and upgrade of
technology components of the System;
(c) Identification of end-user
communities, their needs for
information provided by the System,
and the System’s effectiveness in
dissemination information to end-user
communities and to the general public;
and
(d) Any other purpose identified by
the Under Secretary of Commerce for
Oceans and Atmosphere or the
Interagency Ocean Observation
Committee.
The meeting will be open to public
participation with a 15-minute public
comment period on August 21, 2019,
from 2:45 p.m. to 3:00 p.m. (check
agenda on website to confirm time.) The
Committee expects that public
statements presented at its meetings will
not be repetitive of previously
submitted verbal or written statements.
In general, each individual or group
making a verbal presentation will be
limited to a total time of three (3)
minutes. Written comments should be
received by the Designated Federal
Official by August 16, 2019 to provide
sufficient time for Committee review.
Written comments received after August
16, 2019 will be distributed to the
Committee, but may not be reviewed
prior to the meeting date. Please send
your name as it appears on driver’s
license and the organization/company
affiliation you represent to Krisa
Arzayus. This information must be
received by August 9, 2019.
E:\FR\FM\06AUN1.SGM
06AUN1
]]>Agencies
[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Pages 38225-38226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16759]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XR008
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Training and Testing Activities in the
Northwest Training and Testing Study Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for a Letter of Authorization;
request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for
authorization to take marine mammals incidental to training and testing
activities conducted in the Northwest Training and Testing (NWTT) Study
Area for a period of seven years, from November, 2020 through November,
2027. Pursuant to regulations implementing the Marine Mammal Protection
Act (MMPA), NMFS is announcing receipt of the Navy's request for the
development and implementation of regulations governing the incidental
taking of marine mammals. NMFS invites the public to provide
information, suggestions, and comments on the Navy's application and
request.
DATES: Comments and information must be received no later than
September 5, 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 comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. 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 comments received are a part of the
public record and will generally be posted to the internet at
www.nmfs.noaa.gov/pr/permits/incidental/military.htm 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 (Secretary) to allow, upon request,
the incidental, but not intentional taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographic region if certain findings are
made and either regulations are issued or, if the taking is limited to
harassment, notice of a proposed authorization is provided to the
public for review.
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.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which: (i) Has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
The National Defense Authorization Act (NDAA) for Fiscal Year 2004
(Public Law (Pub. L.) 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations 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). On August 13, 2018, the 2019 NDAA (Pub. L. 115-232)
amended the MMPA to allow incidental take regulations for military
readiness activities to be issued for up to seven years.
Summary of Request
On March 11, 2019, NMFS received an adequate and complete
application from the Navy requesting authorization for the take of
marine mammals, by Level A harassment and B harassment, incidental to
training, testing, and routine military operations (all categorized as
military readiness activities) from the use of sonar and other
transducers and in-water detonations. In addition, the Navy is
requesting authorization of three takes of large whales by serious
injury or mortality resulting from vessel strikes. NMFS received a
revised application on June 24, 2019. The requested regulations would
be valid for seven years, from 2020 through 2027.
This will be the third time NMFS has promulgated incidental take
regulations pursuant to the MMPA relating to similar military readiness
activities in the NWTT Study Area, following those effective from
November 9, 2010 through November 8, 2015 (75 FR 69275; November 10,
2010) and from November 9, 2015 through November 8, 2010 (80 FR 73555;
November 24, 2015).
Description of the Specified Activity
The NWTT Study Area is composed of established maritime operating
and warning areas in the eastern North
[[Page 38226]]
Pacific Ocean region, including areas of the Strait of Juan de Fuca,
Puget Sound, and Western Behm Canal in southeastern Alaska (see Figure
2-1 of the Navy's application). The Study Area includes four existing
range complexes and facilities: The Northwest Training Range Complex,
the Keyport Range Complex, Carr Inlet Operations Area, and the
Southeast Alaska Acoustic Measurement Facility (Western Behm Canal,
Alaska). In addition to these range complexes, the Study Area also
includes Navy pierside locations where sonar maintenance and testing
occurs as part of overhaul, modernization, maintenance, and repair
activities at Naval Base Kitsap, Bremerton; Naval Base Kitsap, Bangor;
and Naval Station Everett.
The following types of training and testing activities, which are
classified as military readiness activities pursuant to section 315(f)
of Pub. L. 101-314 (16 U.S.C. 703), are included in the specified
activity described in the Navy's application: Anti-submarine warfare
(sonar and other transducers, underwater detonations), mine warfare
(sonar and other transducers, underwater detonations), surface warfare
(underwater detonations), and other (sonar and other transducers).
The Navy's application includes proposed mitigation measures for
marine mammals that would be implemented during training and testing
activities in the NWTT Study Area (see Section 11 of the Navy's
application). Proposed procedural mitigation measures and geographic
mitigation areas generally include: (1) The use of Lookouts to observe
for biological resources and communicate the need for mitigation
implementation; (2) powerdowns, shutdowns, and delay of starts to avoid
exposure of marine mammals to high levels of sound or explosive blasts
more likely to result in injury or more serious behavioral disruption;
and (3) limiting the use of active sonar or explosives in certain
biologically important areas to reduce the probability or severity of
impacts when they are more likely to contribute to fitness impacts (see
Figure 11-1 of the Navy's application).
The Navy also proposes to undertake monitoring and reporting
efforts to track compliance with incidental take authorizations and to
help investigate the effectiveness of implemented mitigation measures
in the NWTT Study Area. This includes Adaptive Management, the
Integrated Comprehensive Monitoring Program, the Strategic Planning
Process, and Annual Monitoring and Activity Reports. As an example,
under the Integrated Comprehensive Monitoring Program, the monitoring
relating to the effects of Navy training and testing activities on
protected marine species are designed to increase the understanding of
the likely occurrence of marine mammals in the vicinity of the action
(i.e., presence, abundance, distribution, and density of species) and
to increase the understanding of the nature, scope, or context of the
likely exposure of marine mammals to any of the potential stressors
associated with the action.
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: August 1, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-16759 Filed 8-5-19; 8:45 am]
BILLING CODE 3510-22-P
