[Federal Register Volume 69, Number 163 (Tuesday, August 24, 2004)]
[Notices]
[Pages 51996-51998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19346]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 062104A]


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 two Letters 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 NMFS has issued two 1-year Letters of Authorization (LOAs) to take 
marine mammals by harassment incidental to the U.S. Navy's operation of 
Surveillance Towed Array Sensor System Low Frequency Active (SURTASS 
LFA) sonar operations to the Chief of Naval Operations, Department of 
the Navy, 2000 Navy Pentagon,

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Washington, D.C., and persons operating under his authority.

DATES: Effective from August 16, 2004, through August 15, 2005.

ADDRESSES: A copy of the June 16, 2004, LOA application and the LOAs is 
available by writing to Steve Leathery, Chief, Permits, Conservation 
and Education Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Silver Spring, MD 20910, or by telephoning the contact 
listed here. A copy is also available at: http://www.nmfs.noaa.gov/prot_res/PR2/Acoustics_Program/Sound.htm#Sonar

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2289, 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.
    On November 24, 2003, the President signed into law the National 
Defense Authorization Act of 2004 (NDAA) (Public Law 108-136). Included 
in this law were amendments to the MMPA that apply where a ``military 
readiness activity'' is concerned. Of specific importance for the 
SURTASS LFA sonar take authorization, the NDAA amended section 
101(a)(5) of the MMPA to exempt military readiness activities from the 
``specified geographical region'' and ``small numbers'' requirements. 
The term ``military readiness activity'' is defined in Public Law 107-
314 (16 U.S.C. 703 note) to include all training and operations of the 
Armed Forces that relate to combat; and the adequate and realistic 
testing of military equipment, vehicles, weapons and sensors for proper 
operation and suitability for combat use. The term expressly does not 
include the routine operation of installation operating support 
functions, such as military offices, military exchanges, commissaries, 
water treatment facilities, storage facilities, schools, housing, motor 
pools, laundries, morale, welfare and recreation activities, shops, and 
mess halls; the operation of industrial activities; or the construction 
or demolition of facilities used for a military readiness activity.
    NMFS published a proposed rule to amend its SURTASS LFA sonar final 
rule and regulations, to implement provisions of the NDAA (69 FR 38873; 
June 29, 2004). The public comment period ended on July 29, 2004. NMFS 
has not issued a final rule as of the date of this notice.

Summary of LOA Request

    On June 16, 2004, NMFS received an application from the U.S. Navy 
for two LOAs, each LOA covering one ship, under the regulations issued 
on July 16, 2002 (67 FR 46712). The Navy requested that the LOAs become 
effective on August 16, 2004. This application updated the information 
contained in 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 
June 16, 2004, application requested authorization to take, by 
harassment, small numbers of marine mammals incidental to operation of 
the SURTASS LFA sonar system using the R/V Cory Chouest and the USNS 
IMPECCABLE, for a period not to exceed 1 year. The application's take 
estimates are based on 16 nominal 9-day active sonar missions (or 
equivalent shorter missions) between both vessels, regardless of which 
vessel is performing a specific mission, not to exceed a total of 432 
hours of transmission time combined for both vessels.
    The specified geographic regions identified in the application are 
the following oceanographic provinces described in Longhurst (1998) and 
identified in 50 CFR 216.180(a): the Archipelagic Deep Basins Province, 
the North Pacific Tropical Gyre (West) Province, and the Western 
Pacific Warm Pool Province, all within the Pacific Trade Wind Biome; 
the Kuroshio Current Province within the Pacific Westerly Winds Biome; 
the North Pacific Epicontinental Sea Province within the Pacific Polar 
Biome; and the China Sea Coastal Province within the North Pacific 
Coastal Biome. The Navy's operating areas, as identified in the 
application, are portions of the provinces but do not encompass the 
entire area of the provinces. Due to critical naval warfare 
requirements, the U.S. Navy has identified the necessity for both 
SURTASS LFA sonar vessels to be stationed in the North Pacific Ocean 
during fiscal year 2005.

Summary of Activity Under the 2003-2004 LOAs

    In compliance with the LOAs, on June 3, 2004, the Navy submitted 
the annual report on SURTASS LFA sonar operations. A summary of that 
report (Navy, 2004) follows.
    During the period between February 16, 2003 and February 15, 2004 
(the reporting period required under the 2003 LOA), the RV Cory Chouest 
operated in the western Pacific Ocean. The second SURTASS LFA sonar 
system onboard the USNS IMPECCABLE (T-AGOS 23) commenced sea trials in 
late February 2004 and is expected to be ready for full Fleet 
operations in early FY05. However, the LFA sonar system onboard the 
USNS IMPECCABLE did not operate during this reporting period.
    The RV Cory Chouest conducted sea tests, training missions, and 
fleet operations during this period. All LFA sonar operations included 
the operation of the High-Frequency Marine Mammal Monitoring (HF/M3) 
sonar and complied with all mitigation requirements.
    The RV Cory Chouest's sea tests consisted of continuation of 
testing of the LFA sonar hardware and software systems and operator 
training and experience. These sea tests consisted of two missions 
covering a period of 8.5 days with 20.5 hours of transmissions by the 
LFA sonar array. The training missions were a mix of basic training 
exercises on targets of interest and operationally oriented missions. 
These tests consisted of 4 missions covering a

[[Page 51998]]

period of 10.8 days with 25.8 hours of transmissions by the LFA sonar 
array.
    In addition, the RV Cory Chouest successfully participated in two 
Fleet operations during this reporting period: (1) Fleet Battle 
Experiment Kilo (FBE Kilo), and (2) Ship/Helicopter Antisubmarine 
Readiness/Effectiveness Measuring (SHAREM) 146 Program.
    FBE Kilo was a set of experiments designed to test and evaluate 
certain war-fighting initiatives in an operational environment and were 
part of the Navy's Sea Trial process, which aims to use technology and 
innovative concepts in war games, experiments, and exercises in an 
effort to develop the Navy of the future. In an FBE Kilo exercise 
conducted during this period, the RV Cory Chouest participated along 
with elements of the 7th Fleet, the USS Carl Vinson carrier strike 
group, and other U.S. and Australian Navy units.
    In the area of undersea warfare and theater anti-submarine warfare, 
the experiment aimed to test undersea warfare planning and command and 
communications procedures involving local anti-submarine warfare 
commanders and the theater anti-submarine warfare commander. During FBE 
Kilo, the Navy planned and executed a series of tests of the SURTASS 
LFA sonar and Passive Acoustic Systems.
    This mission included operation of the HF/M3 sonar and compliance 
to the mitigation requirements. This operational deployment consisted 
of a single mission covering a period of 13.2 days with 31.7 hours of 
transmissions by the LFA array. As a result of FBE Kilo, the Navy 
concluded that LFA sonar warrants ongoing fleet use and experimentation 
to continue the LFA program.
    The SHAREM 146 Program was a major, multi-national Naval exercise 
consisting of a single mission covering a period of 7.5 days with 17.9 
hours of transmissions by the LFA array.
    In summary, during the reporting period of the Annual Report, the 
R/V Cory Chouest operated for a total of 40 days with 95.9 hours of LFA 
transmissions.

Summary of Monitoring Under the 2003-2004 LOAs

    The percentage of marine mammal stocks estimated to be exposed to 
noise between 120 and 180 dB (re 1 microPa) from the LFA sonar array, 
both pre- and post-operational risk assessment estimates, were all 
substantially below the 12-percent maximum percentage authorized under 
the LOAs. Except for the short-finned pilot whales off Guam with a 
1.85-percent risk of exposure, all other estimated exposures were below 
1.0 percent, with most being below 0.50 percent (Navy, 2004). The post-
operational incidental harassment risk assessments demonstrate that 
there were no marine mammal exposures to received levels at or above 
180 dB (Navy, 2004). During the seven missions, no sightings of marine 
mammals were noted by the trained personnel responsible for marine 
animal monitoring. During 6 of the 7 missions, no marine mammal 
vocalizations were identified on the SURTASS passive sonar displays. 
While participating in FBE Kilo, long-range vocalizations from 
humpback, blue and fin whales were identified on the SURTASS passive 
sonar displays. However, none of the marine mammals identified during 
transmissions were located in the vicinity of the SURTASS LFA sonar 
operations and these animals never approached the SURTASS LFA sonar 
mitigation (safety) and buffer zones.
    The HF/M3 sonar operated continuously during the course of the 
missions in accordance with the LOA. As required by the LOA, the HF/M3 
sonar was ``ramped up'' prior to operations. During three of the 
missions, there were HF/M3 alerts, which were identified as possible 
marine mammal detections. No additional correlating data was available 
to further verify, identify, or clarify these detections. Because these 
detections met the minimum shutdown criteria (i.e., multiple detections 
(two or more) within the same area), the Navy's requisite protocols 
were followed, and LFA sonar transmissions were suspended a total of 
four times. Because there were no visual or passive acoustic 
confirmation, these contacts were most likely false alarms.

Authorization

    NMFS has issued two LOAs to the U.S. Navy, authorizing the 
incidental harassment of marine mammals incidental to operating the two 
SURTASS LFA sonar systems for training, testing and routine military 
operations. Issuance of these two LOAs is based on findings, described 
in the preamble to the final rule (67 FR 46712, July 16, 2002) and 
supported by information contained in the Navy's required annual report 
on SURTASS LFA sonar, that the activities described under these two 
LOAs will result in the taking of no more than small numbers of marine 
mammals, and the total taking will 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. These LOAs also comply with the NDAA amendments 
to the MMPA.
    These LOAs remain valid through August 15, 2005, provided the Navy 
remains in conformance with the conditions of the regulations and the 
LOAs, and the mitigation, monitoring, and reporting requirements 
described in 50 CFR 216.184-216.186 (67 FR 46712, July 16, 2002) and in 
the LOAs are undertaken.

    Dated: August 13, 2004.
Phil Williams,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 04-19346 Filed 8-23-04; 8:45 am]
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