[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Notices]
[Pages 42058-42059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14891]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050107N]


Taking and Importing Marine Mammals; Increasing Usage and 
Enhancing Capability of the U.S. Navy's Hawaii Range Complex

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for 
authorization for the take of marine mammals incidental to the training 
events conducted within the Hawaii Range Complex (HRC) for the period 
of July 2008 through July 2013. Pursuant to the Marine Mammal 
Protection Act (MMPA), NMFS is announcing our receipt of the Navy's 
request for the development and implementation of regulations governing 
the incidental taking of marine mammals and inviting information, 
suggestions, and comments on the Navy's application and request.

DATES: Comments and information must be received no later than August 
31, 2007.

[[Page 42059]]


ADDRESSES: Comments on the application should be addressed 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. The mailbox address for 
providing email comments is [email protected]. NMFS is not 
responsible for e-mail comments sent to addresses other than the one 
provided here. Comments sent via e-mail, including all attachments, 
must not exceed a 10-megabyte file size.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 166.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of the Navy's application may be obtained by writing to the 
address specified above
    (See ADDRESSES), telephoning the contact listed above (see FOR 
FURTHER INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The Navy's Draft 
Environmental Impact Statement (DEIS) for the Hawaii Range Complex was 
made available to the public on July 27th, 2007, and may be viewed at 
http://www.govsupport.us/hrc. Because NMFS is participating as a 
cooperating agency in the development of the Navy's DEIS for the Hawaii 
Range Complex, NMFS staff will be present at the associated public 
meetings and prepared to discuss NMFS' participation in the development 
of the EIS as well as the MMPA process for the issuance of incidental 
take authorizations. The dates and times of the public meetings may be 
viewed at: http://www.govsupport.us/hrc.

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) if certain findings are made and regulations are issued or, if 
the taking is limited to harassment, notice of a proposed authorization 
is provided to the public for review.
    Authorization for incidental takings may be granted if NMFS finds 
that the taking will have no more than 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 that 
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.
    With respect to military readiness activities, the MMPA defines 
``harassment'' as:
    (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 June 25, 2007, NMFS received an application from the Navy 
requesting authorization for the take of 26 species of marine mammals 
incidental to upcoming Navy training activities to be conducted within 
the HRC, which covers 235,000 nm\2\ around the Main Hawaiian Islands 
(see page 17 of the application), over the course of 5 years. These 
training activities are classified as military readiness activities. 
The Navy states that these training activities may expose some of the 
marine mammals present within the HRC to sound from hull-mounted mid-
frequency active tactical sonar or to underwater detonations. The Navy 
requests authorization to take 26 species of marine mammals by Level B 
Harassment. Further, the Navy requests authorization to take 20 
individual marine mammals per year by serious injury or mortality (2 
each of the following: bottlenose dolphin, Kogia spp., melon-headed 
whale, pantropical spotted dolphin, pygmy killer whale, short-finned 
pilot whale, striped dolphin, and Cuvier's, Longman's, and 
Blainesville's beaked whale).

Specified Activities

    The Navy has prepared a Draft Environmental Impact Statement 
analyzing the effects on the human environment of implementing their 
preferred alternative (among other alternatives), which includes 
conducting current and emerging training and research, development, 
test, and evaluation (RDT&E) operations in the HRC. The HRC complex 
consists of targets and instrumented areas, airspace, surface 
operational areas (OPAREAS), and land range facilities. The activities 
described in the EIS include current and future proposed Navy training 
and RDT&E operations within Navy-controlled OPAREAs, airspace, and 
ranges, and Navy-funded range capabilities enhancements (including 
infrastructure improvement).
    In the application submitted to NMFS, the Navy requests 
authorization for take of marine mammals incidental to conducting a 
subset of the activities analyzed in the EIS. Table 1-1 in the 
application lists the categories of Navy training operations and RDT&E 
operations and indicates those that the Navy believes: (1) could 
potentially result in harassment of marine mammals through exposure to 
underwater detonations; (2) could potentially result in harassment of 
marine mammals through exposure to tactical mid-frequency sonar; and, 
(3) do not have the potential to harass marine mammals. The Navy is 
requesting authorization for take incidental to the following 
categories of Navy training operations: (1) Naval Surface Fire Support 
Exercises, (2) Surface-to-Surface Gunnery Exercises, (3) Surface-to-
Surface Missile Exercises, (4) Air-to-Surface Missile Exercises, (5) 
Bombing Exercises, (6) Sink Exercises, (7) Mine Neutralization, (8) 
Anti-submarine Warfare (ASW) Tracking Exercises, (9) ASW Torpedo 
Exercises, and (10) Major Integrated ASW Training Exercises (such as 
RIMPAC, USWEX, and Multiple Strike Group Exercises).

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). All 
information, suggestions, and comments related to the Navy's HRC 
request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy in the HRC will be considered by NMFS in developing, if 
appropriate, the most effective regulations governing the issuance of 
letters of authorization.

    Dated: July 26, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-14891 Filed 7-31-07; 8:45 am]
BILLING CODE 3510-22-S