[Federal Register Volume 72, Number 207 (Friday, October 26, 2007)]
[Notices]
[Pages 60823-60824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21095]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD35


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to a U.S. Navy Shock Trial

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

ACTION:  Notice; receipt of application for implementation of 
regulations and a 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 
implementation of regulations and an authorization for the taking of 
marine mammals incidental to conducting a Full Ship Shock Trial (FSST) 
of the MESA VERDE (LPD-19) in the offshore waters of the Atlantic Ocean 
off Mayport, FL. 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 
November 26, 2007.

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.
    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.

FOR FURTHER INFORMATION CONTACT: Ken Hollingshead, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 128.

SUPPLEMENTARY INFORMATION:

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 will be granted if NMFS finds 
that the taking will have a negligible impact on the affected species 
or stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for certain subsistence uses, 
and if the permissible methods of taking and the 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.

[[Page 60824]]

    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 implementation of regulations and authorization for the 
taking of marine mammals incidental to its conducting an FSST during a 
four-week period in the spring/summer of 2008 utilizing the MESA VERDE 
(LPD 19), a new amphibious transport dock ship. The shock trial of the 
MESA VERDE would consist of up to four underwater detonations of a 
nominal 4,536 kilogram (10,000 lb) charge at a rate of one detonation 
per week. The purpose of the proposed action is to generate data to 
assess the survivability of SAN ANTONIO Class amphibious transport dock 
ships. An entire manned ship must undergo an at-sea shock trial to 
obtain survivability data that are not obtainable through computer 
modeling and component testing on machines or surrogates. Navy ship 
design, crew training, and survivability lessons learned during 
previous shock trials, and total ship survivability trials, have proven 
their value by increasing a ship's ability to survive battle damage.
    Each new class of surface ships must undergo realistic 
survivability testing to assess the survivability of the hull and the 
ship's systems, and to evaluate the ship's capability to protect the 
crew from an underwater explosion. The Navy has developed the shock 
trial to meet its obligation to perform realistic survivability 
testing. A shock trial consists of a series of underwater detonations 
that propagate a shock wave through the ship's hull under deliberate 
and controlled conditions. The effects of the shock wave on the ship's 
hull, equipment, and personnel safety features are then evaluated. This 
information would be used by the Navy to validate or improve the 
survivability of the SAN ANTONIO Class, thereby reducing the risk of 
injury to the crew, and damage to or loss of a ship. The proposed shock 
trial qualifies as a military readiness activity as defined in Section 
315(f) of Public Law 107-314; 16 U.S.C. 703 note.

Marine Mammals

    A summary of the marine mammal species found in the Mayport, FL, 
area is presented here. For more detail on marine mammal abundance, 
density and the methods used to obtain this information, reviewers are 
requested to refer to either the Navy application or the Navy DEIS (see 
ADDRESSES). Up to 29 marine mammal species may be present in the waters 
off Mayport, FL, including 7 mysticetes and 22 odontocetes. Mysticetes 
are unlikely to occur at Mayport during the spring or summer time 
period. Odontocetes may include the sperm whale, dwarf and pygmy sperm 
whale, 4 species of beaked whales, and 15 species of dolphins and 
porpoises.

Potential Impacts

    Potential impacts on several marine mammal species known to occur 
in the area offshore of Mayport, FL 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 injury 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 due to 
mitigation and monitoring measures that are proposed to be undertaken 
by the Navy, marine mammal density-based calculations indicate that the 
Mayport site has the potential to result in up to 1 mortality, 2 Level 
A harassments (injuries), and 282 takings by Level B (behavioral) 
harassment.

Mitigation

    The Navy's proposed action includes mitigation that would minimize 
risk to marine mammals and sea turtles. The Navy proposes to (1) 
through pre-detonation aerial surveys, select a test area within the 
chosen site location with the lowest number of marine mammals and sea 
turtles; (2) monitor the area visually (aerial and shipboard 
monitoring) before each test and postpone detonation if any marine 
mammal is detected within a range that has a potential to cause injury; 
and (3) monitor the area after each test to locate any injured animals. 
If post-detonation monitoring shows that marine mammals 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. NMFS may propose and require additional mitigation through 
its rulemaking and Endangered Species Act (ESA) consultation.

NEPA

    The Navy has released a Draft Environmental Impact Statement (Draft 
EIS) for the MESA VERDE FSST to the public. This document is available 
for viewing and downloading at http://www.mesaverdeeis.com. NMFS is a 
cooperating agency, as defined by the Council on Environmental Quality 
(40 CFR 1501.6), in the preparation of this EIS. Because NMFS is a 
cooperating agency, NMFS staff will be present at the associated public 
meetings to discuss NMFS' participation in the development of the EIS 
as well as the MMPA process. The dates and times of the public meetings 
may be viewed at: http://www.mesaverdeeis.com.

ESA

    The Navy will be consulting with NMFS under section 7 of the ESA on 
this action. This consultation will be concluded prior to a 
determination on issuance regulations and an MMPA authorization to the 
Navy for this action.

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 FSST 
request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy in the Mayport, FL, area will be considered by NMFS in developing 
regulations governing the issuance of letters of authorization.

    Dated: October 16, 2007.
Helen Golde,
Deputy Office Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E7-21095 Filed 10-25-07; 8:45 am]
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