[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Proposed Rules]
[Pages 30212-30214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14935]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 960318084-6084-01; I.D. 031396E]
RIN 0648-AG55


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Naval Activities

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

ACTION: Notice of receipt of a petition for regulations, and an 
application for a

[[Page 30213]]

small take exemption; request for comment and information.

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SUMMARY: NMFS has received a request from the U.S. Navy for a small 
take of marine mammals incidental to shock testing the USS SEAWOLF 
submarine in the offshore waters of the U.S. Atlantic coast in 1997. As 
a result of that request, NMFS is considering whether to propose 
regulations that would authorize the incidental taking of a small 
number of marine mammals. In order to implement regulations and issue 
an authorization, NMFS must determine that these takings will have a 
negligible impact on the affected species and stocks of marine mammals. 
NMFS invites comment on the application and suggestions on the content 
of the regulations.
DATES: Comments and information must be postmarked no later than July 
15, 1996.

ADDRESSES: Comments should be addressed to Chief, Marine Mammal 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3226. A copy 
of the application may be obtained by writing to the above address, 
telephoning the person below (see FOR FURTHER INFORMATION CONTACT) or 
by leaving a voice mail request at (301) 713-4060.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead (301) 713-
2055.

SUPPLEMENTARY INFORMATION:

Background

     Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 
U.S.C. 1361 et seq.) (MMPA) directs the Secretary of Commerce 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 geographical region if certain 
findings are made and regulations are issued.
    Permission may be granted for periods of 5 years or less if the 
Secretary 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 
regulations are prescribed setting forth the permissible methods of 
taking and the requirements pertaining to the monitoring and reporting 
of such taking.

Summary of Request

    On June 7, 1996, NMFS received an application for an incidental, 
small take exemption under section 101(a)(5)(A) of the MMPA from the 
U.S. Navy to take marine mammals incidental to shock testing the USS 
SEAWOLF submarine off the U.S. Atlantic coast. The USS SEAWOLF is the 
first of a new class of submarines being acquired by the Navy. In 
accordance with 10 U.S.C. 2366, each new class of ships constructed for 
the Navy cannot proceed beyond initial production until realistic 
survivability testing of the system is completed. Realistic 
survivability testing means testing for the vulnerability of the system 
in combat by firing munitions likely to be encountered in combat. This 
testing and assessment is commonly referred to as ``Live Fire Test & 
Evaluation (LFT&E).'' Because realistic testing by detonating torpedoes 
or mines against a ship's hull could result in the loss of a multi-
billion dollar Navy asset, the Navy has established an LFT&E program 
consisting of computer modeling, component and surrogate testing, and 
shock testing the entire ship. Together, these components complete the 
survivability testing as required by 10 U.S.C. 2366.
    The shock test component of LFT&E is a series of underwater 
detonations that propagate a shock wave through a ship's hull under 
deliberate and controlled conditions. Shock tests simulate near misses 
from underwater explosions similar to those encountered in combat. 
Shock testing verifies the accuracy of design specifications for shock 
testing ships and systems, uncovers weaknesses in shock sensitive 
components that may compromise the performance of vital systems, and 
provides a basis for correcting deficiencies and upgrading ship and 
component design specifications. While computer modeling and laboratory 
testing provide useful information, they cannot substitute for shock 
testing under realistic, offshore conditions. To minimize cost and risk 
to personnel, the first ship in each new class is shock tested and 
improvements are applied to later ships of the class.
    The Navy proposes to shock test the USS SEAWOLF by detonating a 
single 4,536-kg (10,000-lb) explosive charge near the submarine once 
per week over a 5-week period between April 1 and September 30, 1997. 
(If the Mayport FL site is selected, the shock tests would be conducted 
between May 1 and September 30, 1997 in order to minimize risk to sea 
turtles). Detonations would occur 30 m (100 ft) below the ocean surface 
in a water depth of 152 m (500 ft). The USS SEAWOLF would be underway 
at a depth of 20 m (65 ft) at the time of the test. For each test, the 
submarine would move closer to the explosive so the submarine would 
experience a more severe shock.
    As part of a separate review under the National Environmental 
Policy Act (NEPA), two sites are being considered by the Navy for the 
USS SEAWOLF shock test effort. The Mayport site is located on the 
continental shelf of Georgia and northeast Florida and the Norfolk site 
is located on the continental shelf offshore of Virginia and North 
Carolina.
    Potential impacts to the several marine mammal species known to 
occur in these areas from shock testing include both lethal and non-
lethal injury, as well as harassment. Death or injury may occur as a 
result of the explosive blast, and harassment may occur as a result of 
non-injurious physiological responses to the explosion-generated 
shockwave and its acoustic signature. The Navy believes it is very 
unlikely that injury will occur from exposure to the chemical by-
products released into the surface waters, and no permanent alteration 
of marine mammal habitat would occur. While the Navy does not 
anticipate any lethal takes would result from these detonations, 
calculations indicate that the Mayport site has the potential to result 
in one lethal take, 5 injurious takes, and 570 harassment takes, while 
the Norfolk site has the potential to result in 8 lethal takes, 38 
injurious takes, and 4,819 harassment takes. Because of the potential 
impact to marine mammals, the Navy has requested NMFS to promulgate 
regulations and issue a letter of authorization under section 
101(a)(5)(A) of the MMPA that would authorize the incidental taking.
    The Navy's proposed action includes mitigation that would minimize 
risk to marine mammals and sea turtles. The Navy would: (1) Through 
pre-detonation aerial surveys, select a test area with the lowest 
possible number of marine mammals and turtles; (2) monitor the area 
visually (aerial and shipboard monitoring) and acoustically before each 
test and postpone detonation if any marine mammal or sea turtle is 
detected within a safety zone of 3.7 km (2 nmi); and (3) monitor the 
area after each test to find and treat any injured animals. If post-
detonation monitoring shows that marine mammals or sea turtles were 
killed or injured as a result of the test, testing would be halted 
until procedures for subsequent detonations could be reviewed and 
changed as necessary.

NEPA

    The Navy has released a draft environmental impact statement under 
NEPA for public review and comment on this action. NMFS is a 
cooperating agency as defined by the Council on

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Environmental Quality (40 CFR 1501.6). For information on the 
availability of that document, please refer to the appropriate notice 
elsewhere in this issue of the Federal Register.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning the request and the structure and content of 
regulations to allow the taking. NMFS will consider this information in 
determining the appropriate action to take in response to this request. 
If NMFS proposes regulations to allow this take, a rule will be 
published in the Federal Register and interested parties will be given 
ample time and opportunity to comment.

    Dated: June 7, 1996.
Patricia A. Montanio,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 96-14935 Filed 6-13-96; 8:45 am]
BILLING CODE 3510-22-F