[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9500]


[[Page Unknown]]

[Federal Register: April 20, 1994]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 041294C]

 

Small Takes of Marine Mammals Incidental to Shock Testing the 
U.S.S. John Paul Jones

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of issuance of a letter of authorization.

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SUMMARY: On April 12, 1994, NMFS issued a Letter of Authorization to 
the U.S. Department of the Navy (Navy), that allows a take of a small 
number of marine mammals incidental to shock testing of the DDG-53, 
U.S.S. John Paul Jones, in the offshore waters of the Outer Sea Test 
Range (OSTR) of the Naval Air Warfare Center, Pt. Mugu, Ventura County, 
CA.

ADDRESSES: A copy of the authorization is available from the Office of 
Protected Resources, National Marine Fisheries Service, 1335 East-West 
Highway, Silver Spring, MD 20910, or by calling the contact listed 
below.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, (301) 713-2055.

SUPPLEMENTARY INFORMATION: Regulations governing the taking of marine 
mammals incidental to the detonation of conventional explosives within 
the OSTR were published on February 3, 1994 (59 FR 5111). These 
regulations are based on section 101(a)(5) of the Marine Mammal 
Protection Act (16 U.S.C. 1361 et seq.) and NMFS' determination that 
the taking of marine mammals incidental to this activity will have a 
negligible impact on the species and stocks and will not have an 
unmitigable adverse impact on their availability for subsistence uses. 
The regulations and the Letter of Authorization include permissible 
methods for taking, including measures to mitigate incidental takes to 
the lowest level practicable, and require the Navy to both monitor the 
effects of their activities on marine mammals and to report on all 
takings. It should be noted that these regulations and the Letter of 
Authorization do not authorize the Navy's activities, as such 
authorization is provided by the National Defense Authorization Act (10 
U.S.C. 2366) and is not within the jurisdiction of the Secretary of 
Commerce. Rather, the Letter of Authorization and implementing 
regulations authorize the unintentional incidental take of marine 
mammals in connection with such activities, prescribe methods of 
taking, other means of effecting the least practicable adverse impact 
on the species and its habitat and the availability of the species for 
subsistence uses.

    Dated: April 14, 1994.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 94-9500 Filed 4-19-94; 8:45 am]
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