[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Notices]
[Pages 7590-7591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3436]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XN35
Taking and Importing Marine Mammals; U.S. Navy Training in the
Southern California Range Complex
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice; issuance of a letter of authorization.
-----------------------------------------------------------------------
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 Southern California (SOCAL) Range Complex.
These activities are considered military readiness activities pursuant
to the
[[Page 7591]]
Marine Mammal Protection Act (MMPA), as amended by the National Defense
Authorization Act of 2004 (NDAA).
DATES: Effective January 22, 2009, through January 21, 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 April 1, 2008, NMFS received an application from the Navy
requesting authorization for the take of 37 species of marine mammals
incidental to upcoming Navy training activities to be conducted within
the SOCAL Range complex, which extends southwest approximately 600 nm
in the general shape of a 200-nm wide rectangle (see the Navy's
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 SOCAL Range
Complex 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 37 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 individual beaked whales over the course of the 5-year regulations.
Authorization
On January 14, 2009, NMFS' final rule governing the take of marine
mammals incidental to U.S. Navy Training in the SOCAL Range Complex
became effective. In accordance with the final rule, NMFS issued an LOA
to the Navy on January 22, 2009, authorizing Level B harassment of 37
species of marine mammals and mortality of 10 individual beaked whales
incidental to U.S. Navy training, maintenance, and RDT&E activities in
the SOCAL Range Complex. Issuance of this LOA is based on findings,
described in the preamble to the final rule (74 FR 3882, January 21,
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 11, 2009.
P. Michael Payne,
Chief, Permits, Conservation, and Recreation, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E9-3436 Filed 2-17-09; 8:45 am]
BILLING CODE 8011-01-P