[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Notices]
[Pages 58289-58290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

0648-XD34


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

DATES:  Effective from August 16, 2007, through August 15, 2008.

ADDRESSES:  Copies of the Navy's July 11, 2007, LOA application letter, 
the LOAs, the Navy's 2006-2007 annual LOA report and the Navy's 2007 
Comprehensive Report are available by writing 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, by telephoning the contact listed here 
(see FOR FURTHER INFORMATION CONTACT), or online at:http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications Documents 
cited in this notice may be viewed, by appointment, during regular 
business hours, at the aforementioned address.

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 marine mammals by U.S. citizens who engage in 
a military readiness activity if certain findings are made and 
regulations are issued.
    Authorization may be granted for periods of 5 years or less if NMFS 
finds that the taking will have 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 certain 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 also 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 August 
21, 2007 (72 FR 46846), and remain in effect through August 15, 2012. 
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 LOA Request

    NMFS received an application from the U.S. Navy for two LOAs, one 
covering the R/V Cory Chouest and one the USNS IMPECCABLE, under the 
regulations issued on August 21, 2007 (72 FR 46846). The Navy requested 
that the LOAs become effective on August 16, 2007. The application 
requested authorization, for a period not to exceed 1 year, to take, by 
harassment, marine mammals incidental to employment of the SURTASS LFA 
sonar system for training, testing and routine military operations on 
the aforementioned ships in areas of the North Pacific Ocean. Due to 
the 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 the period of these LOAs.

Monitoring and Reporting

    In compliance with the 2002-2007 SURTASS LFA sonar regulations, the 
Navy submitted an annual report for operations during 2006. The Navy 
also submitted a comprehensive report on SURTASS LFA sonar operations 
and the mitigation and monitoring activities conducted under the LOAs 
issued during that time period. A copy of these reports can be viewed 
and/or downloaded at:http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

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 (August 21, 2007, 72 FR 46846)) 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 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 by marine mammal stocks for subsistence uses.

[[Page 58290]]

    These LOAs remain valid through August 15, 2008, 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 (August 21, 2007, 72 FR 46846) and 
in the LOAs are undertaken.

    Dated: October 2, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-20227 Filed 10-12-07; 8:45 am]
BILLING CODE 3510-22-S