[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Notices]
[Page 55818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22262]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 081602A]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Navy Operations of Surveillance Towed Array Sensor System 
Low Frequency Active Sonar

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: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a 1-year Letter of Authorization (LOA) to take marine mammals 
incidental to the U.S. Navy's operation of Surveillance Towed Array 
Sensor System Low Frequency Active (SURTASS LFA) sonar operations has 
been issued to the Chief of Naval Operations, Department of the Navy, 
2000 Navy Pentagon, Washington, DC, and persons operating under his 
authority.

DATES: Effective from August 16, 2002, through August 15, 2003.

ADDRESSES: A copy of the July 16, 2002, application is available by 
writing to Donna Wieting, Chief, Marine Mammal Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910, or by telephoning the contact listed here.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2055, ext 128.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional taking of small numbers 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 NMFS 
finds that the taking will have no more than a negligible impact on the 
species or stock(s), and will not have an unmitigable adverse impact on 
the availability of the species or stock(s) for subsistence uses. In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means effecting the least practicable 
adverse impact on the species and its habitat, and on the availability 
of the species for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. The 
regulations must include requirements pertaining to the monitoring and 
reporting of such taking.
    Regulations governing the taking of marine mammals incidental to 
the U.S. Navy's operation of SURTASS LFA sonar were published on July 
16, 2002 (67 FR 46712), and remain in effect until August 15, 2007. For 
detailed information on this action, please refer to that document. 
These regulations include mitigation, monitoring, and reporting 
requirements for the incidental taking of marine mammals by the SURTASS 
LFA sonar system.

Summary of Request

    On July 16, 2002, NMFS received an application from the U.S. Navy 
for an LOA under the regulations issued on July 16, 2002 (67 FR 46712), 
and effective on August 15, 2002. This application updated the 
information contained in both the original application for an LOA dated 
August 12, 1999, and the revised application submitted on April 6, 
2000, for takings of marine mammals by harassment incidental to 
deploying the SURTASS LFA sonar system for training, testing and 
routine military operations. The July 16, 2002, mission intention 
letter requested a taking by harassment, under section 101(a)(5)(A) of 
the MMPA, of small numbers of marine mammals incidental to operation of 
the SURTASS LFA sonar system while conducting up to an estimated 6 
active sonar missions (or equivalent shorter missions not to exceed 432 
hours of transmit time) for one year in the Archipelagic Deep Basins 
Province, North Pacific Tropical Gyre (West) Province, and North 
Pacific Tropical Gyre (East) Province within the Pacific Trade Wind 
Biome and in the Kuroshio Current Province, and Pacific Subarctic Gyres 
(West) Province within the Pacific Westerly Winds Biome, as identified 
in 50 CFR 216.180(a).

Authorization

    Accordingly, NMFS issued an LOA to the U.S. Navy on August 16, 
2002, authorizing the taking of small numbers of marine mammals 
incidental to operating the SURTASS LFA sonar system for training, 
testing and routine military operations. Issuance of this LOA is based 
on findings, described in the preamble to the final rule (67 FR 46712, 
July 16, 2002), that the total takings by this activity will result in 
only small numbers of marine mammals being taken, have no more than a 
negligible impact on marine mammal stocks, and will not have an 
unmitigable adverse impact on the availability of the affected marine 
mammal stocks for subsistence uses. A copy of the Letter of 
Authorization and other cited documents are available at: http://www.nmfs.noaa.gov/prot_res/PR2/Acoustics_Program/Sound.htmSonar
    This LOA remains valid until August 15, 2003, provided the Navy is 
in conformance with the conditions of the regulations and the LOA and 
the mitigation, monitoring, and reporting requirements described in 50 
CFR 216.184-216.186 (67 FR 46712, July 16, 2002) and in the LOA are 
undertaken.

    Dated: August 26, 2002.
David Cottingham
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 02-22262 Filed 8-29-02; 8:45 am]
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