[Federal Register Volume 74, Number 25 (Monday, February 9, 2009)]
[Notices]
[Pages 6395-6396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2661]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN15


Taking and Importing Marine Mammals; U.S. Navy Training in the 
Hawaii Range Complex

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice; issuance of a letter of authorization.

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[[Page 6396]]

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and 
implementing regulations, notification is hereby given that a 1-year 
letter of authorization (LOA) has been issued to the U.S Navy (Navy) 
for the incidental take of marine mammals during training, maintenance, 
and research, development, testing, and evaluation (RDT&E) activities 
conducted within the Navy's Hawaii Range Complex (HRC). These 
activities are considered military readiness activities pursuant to the 
Marine Mammal Protection Act (MMPA), as amended by the National Defense 
Authorization Act of 2004 (NDAA).

DATES: Effective January 8, 2009, through January 7, 2010.

ADDRESSES: The LOA and supporting documentation are available by 
writing to Michael Payne, Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, by 
telephoning one of the contacts listed here (FOR FURTHER INFORMATION 
CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected 
Resources, NMFS.

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) during periods of not more than five consecutive years each if 
certain findings are made and regulations are issued or, if the taking 
is limited to harassment and of no more than 1 year, the Secretary 
shall issue a notice of proposed authorization for public review.
    Authorization 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, and if the permissible methods of taking 
and requirements pertaining to the mitigation, monitoring and reporting 
of such taking 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 NDAA (Public Law 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations 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].

Summary of Request

    On June 25, 2007, NMFS received an application from the Navy 
requesting authorization for the take of 24 species of marine mammals 
incidental to upcoming Navy training activities to be conducted within 
the HRC, which covers 235,000 nm\2\ around the Main Hawaiian Islands 
(see map on page 17 of the application), over the course of 5 years. 
These training activities are classified as military readiness 
activities. These training activities may incidentally take marine 
mammals present within the HRC by exposing them to sound from mid-
frequency or high frequency active sonar (MFAS/HFAS) or to underwater 
detonations at levels that NMFS associates with the take of marine 
mammals. The Navy requested authorization to take individuals of 24 
species of marine mammals by Level B Harassment. Further, though they 
do not anticipate it to occur, the Navy requested authorization to 
take, by injury or mortality, up to 10 individuals each of 11 species 
over the course of the 5-year period (bottlenose dolphin, Kogia spp., 
melon-headed whale, pantropical spotted dolphin, pygmy killer whale, 
short-finned pilot whale, striped dolphin, and Cuvier's, Longman's, and 
Blainville's beaked whale).

Authorization

    On January 5, 2009, NMFS' final rule governing the take of marine 
mammals incidental to U.S. Navy Training in the Hawaii Range Complex 
became effective. In accordance with the final rule, NMFS issued an LOA 
to the Navy on January 8, 2009, authorizing Level B harassment of 24 
species of marine mammals and mortality of 11 species of marine mammals 
incidental to U.S. Navy training, maintenance, and RDT&E activities in 
the HRC. Issuance of this LOA is based on findings, described in the 
preamble to the final rule (74 FR 1456, January 12, 2009), that the 
taking resulting from the activities described in this LOA will have a 
negligible impact on marine mammal stocks and will not have an 
unmitigable adverse impact on the availability of the affected marine 
mammal stock for subsistence uses. The LOA describes the permissible 
methods of taking and includes requirements pertaining to the 
mitigation, monitoring and reporting of such taking.

    Dated: February 4, 2009.
P. Michael Payne,
Chief, Permits, Conservation, and Recreation, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. E9-2661 Filed 2-6-09; 8:45 am]
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