[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11889-11890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4261]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

0648-XG07
[I.D. 050107K]


Taking and Importing Marine Mammals; Atlantic Fleet Active Sonar 
Training (AFAST) Activities

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 Atlantic 
Fleet Active Sonar Training (AFAST) activities conducted off the 
Atlantic coast and in the Gulf of Mexico for the period beginning 
January 2009 and ending January 2014. Pursuant to the implementing 
regulations of 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 April 4, 
2008.

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:

[[Page 11890]]

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 AFAST was made 
available to the public on Feb 15th, 2008, and may be viewed at http://afasteis.gcsaic.com. Because NMFS is participating as a cooperating 
agency in the development of the Navy's DEIS for AFAST, 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://afasteis.gcsaic.com.

Background

    In the case of military readiness activities, 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 February 1, 2008, NMFS received an application from the Navy 
requesting authorization for the take of 29 species of marine mammals 
incidental to upcoming AFAST activities to be conducted off the 
Atlantic coast and in the Gulf of Mexico, 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 in the area to sound from various 
mid-frequency and high-frequency active tactical sonar sources or to 
underwater detonations from the Improved Extended Echo-ranging (IEER) 
system. The Navy requests authorization to take individuals of 29 
species of marine mammals by Level B Harassment. Further, the Navy 
requests authorization to take 10 individual beaked whales per year by 
serious injury or mortality (any combination of the following species: 
Cuvier's beaked whales, northern beaked whales, True's beaked whales, 
Gervais' beaked whales, Blainsville's beaked whales, and Sowerby's 
beaked whales).

Specified Activities

    In the application submitted to NMFS, the Navy requests 
authorization for take of marine mammals incidental to conducting 
operations utilizing mid- and high frequency active sonar sources and 
IEER, which consists of an explosive source sonobuoy and an air 
deployable active receiver. These sonar and explosive sources will be 
utilized during Independent Unit Level Training (single unit), 
Coordinated Unit Level Training and Strike Group Training (multi-unit 
operations), maintenance activities, and research, development, testing 
and evaluation (RDT&E) activities. Table 1-1 in the application lists 
the activity types, the equipment and platforms involved, and the 
duration and potential locations of the activities.

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 AFAST 
request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's AFAST activities will be considered by NMFS in developing, if 
appropriate, the most effective regulations governing the issuance of 
letters of authorization.

    Dated: February 28, 2008.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E8-4261 Filed 3-4-08; 8:45 am]
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