[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Notices]
[Pages 20032-20034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7903]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG77


Taking of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Navy Training Operations Conducted 
within the Virginia Capes and Jacksonville Range Complexes

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

ACTION:  Notice; receipt of applications for letters of authorization; 
request for comments and information.

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SUMMARY:  NMFS has received requests from the U.S. Navy (Navy) for 
authorizations for the take of marine mammals incidental to training 
operations conducted within the Virginia Capes (VACAPES) Range Complex 
and the Jacksonville (JAX) Range Complex for the period beginning April 
28, 2009 and ending April 27, 2014. Pursuant to the implementing 
regulations of the Marine Mammal Protection Act (MMPA), NMFS is 
announcing our receipt of the Navy's requests for the development and 
implementation of regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on the 
Navy's applications and requests.

DATES:  Comments and information must be received no later than May 14, 
2008.

ADDRESSES:  Comments on the applications should be addressed to P. 
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. Copies of the Navy's 
applications may be obtained by writing to the address specified above 
(See ADDRESSES), telephoning the contact listed below (see FOR FURTHER 
INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

FOR FURTHER INFORMATION CONTACT:  Shane Guan, Office of Protected

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Resources, NMFS, (301) 713-2289, ext. 137.

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 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 if 
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 March 17, 2008, NMFS received applications from the Navy 
requesting authorization for the take of 13 species of cetacean 
incidental to the proposed training activities in VACAPES and 6 species 
in JAX Range Complexes, respectively, over the course of 5 years. These 
training activities are classified as military readiness activities. 
The Navy states that these training activities may cause various 
impacts to marine mammal species in the proposed VACAPES and JAX Range 
Complex areas. The Navy requests authorizations to take individuals of 
these cetacean species by Level B Harassment. Further, the Navy 
requests authorization to take 1 individual Atlantic spotted, 25 
common, 1 pantropical spotted, and 9 striped dolphins per year by 
injury, and 1 individual common dolphin per year by mortality, as a 
result of the proposed training activities at VACAPES Range Complex. 
Please refer to Table 30 of the VACAPES Range Complex LOA application 
for detailed information of the potential exposures from explosive 
ordnance (per year) for marine mammals in the VACAPES Range Complex. 
Furthermore, the Navy requests authorization to take 2 individual 
Atlantic spotted dolphins per year by injury as a result of the 
proposed training activities at JAX Range Complex. Please refer to 
Table 27 of the JAX Range Complex LOA application for detailed 
information of the potential exposures from explosive ordnance (per 
year) for marine mammals in the JAX Range Complex.

Specified Activities

    In the applications submitted to NMFS, the Navy requests 
authorizations for take of marine mammals incidental to conducting 
training operations within the VACAPES and JAX Range Complexes. These 
training activities consist of surface warfare, mine warfare, 
amphibious warfare, strike warfare, and vessel movement. The locations 
of these activities are described in Figures 1 of these applications. A 
description of each of these training activities within each of the 
range complexes is provided below:

Surface Warfare

    Surface Warfare (SUW) supports defense of a geographical area 
(e.g., a zone or barrier) in cooperation with surface, subsurface, and 
air forces. SUW operations detect, localize, and track surface targets, 
primarily ships. Detected ships are monitored visually and with radar. 
Operations include identifying surface contacts, engaging with weapons, 
disengaging, evasion and avoiding attack, including implementation of 
radio silence and deceptive measures.
    For the proposed VACAPES Range Complex training operations, SUW 
involving the use of explosive ordnance includes air-to-surface Missile 
Exercises and surface-to-surface Bombing Exercises that occur at sea. 
For the proposed JAX Range Complexes training operations, SUW involving 
the use of explosive ordnance includes air-to-surface Missile Exercises 
that occur at sea.
    (1) Missile Exercise (Air-to-Surface) (MISSILEX (A-S)): This 
exercise would involve fixed winged aircraft crews and helicopter crews 
launch missiles at at-sea surface targets with the goal of destroying 
or disabling the target. MISSILEX (A-S) training in both VACAPES and 
JAX Range Complexes can occur during the day or at night in locations 
described in Figures 1 of the LOA applications.
    (2) Bombing Exercise (BOMBEX) (A-S): This exercise would involve 
strike fighter aircraft (F/A-18s) deliver explosive bombs against at-
sea surface targets with the goal of destroying the target. BOMBEX (A-
S) training in the VACAPES Study Area occurs only during daylight hours 
in the locations described in Figure 1 of the LOA application.

Mine Warfare/Mine Exercises

    Mine Warfare (MIW) includes the strategic, operational, and 
tactical use of mines and mine countermine measures (MCM). MIW training 
events are also collectively referred to as Mine Exercises (MINEX). MIW 
training/MINEX utilizes shapes to simulate mines. These shapes are 
either concrete-filled shapes or metal shapes. No actual explosive 
mines are used during MIW training in the VACAPES and JAX Range 
Complexes study areas. MIW training or MINEX is divided into the 
following:
    (1) Mine laying: Crews practice the laying of mine shapes in 
simulated enemy areas;
    (2) Mine countermeasures: Crews practice ``countering'' simulated 
enemy mines to permit the maneuver of friendly vessels and troops. 
``Countering'' refers to both the detection and identification of enemy 
mines, the marking and maneuver of vessels and troops around identified 
enemy mines and mine fields, and the disabling of enemy mines. A subset 
of mine countermeasures is mine neutralization. Mine neutralization 
refers to the disabling of enemy mines by causing them to self-detonate 
either by setting a small explosive charge in the vicinity of the enemy 
mine, or by using various types of equipment that emit a sound, 
pressure, or a magnetic field that causes the mine to trip and self-
detonate. In all cases, actual explosive (live) mines would not be used 
during training events. Rather, mine shapes are used to simulate real 
enemy mines.
    In the VACAPES and JAX Range Complexes study areas, MIW training/
MINEX events include the use of explosive charges for two and one types 
of mine countermeasures and neutralization training, respectively. In 
the VACAPE Range Complex, this training would use the Airborne Mine 
Neutralization System (AMNS) and underwater detonations of mine shapes

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by Explosive Ordnance Disposal (EOD) divers. In the JAX Range Complex, 
this training would only use underwater detonations of mine shapes by 
EOD divers. In both range complexes, MIW training/MINEX would occur 
only during daylight hours in the locations described in Figures 1 of 
the LOA applications.

Amphibious Warfare

    Amphibious Warfare (AMW) involves the utilization of naval 
firepower and logistics in combination with U.S. Marine Corps landing 
forces to project military power ashore. AMW encompasses a broad 
spectrum of operations involving maneuver from the sea to objectives 
ashore, ranging from shore assaults, boat raids, ship-to-shore 
maneuver, shore bombardment and other naval fire support, and air 
strike and close air support training. In both range complexes, AMW 
that involve the use of explosive ordnance is limited to Firing 
Exercises (FIREX).
    During an FIREX, surface ships use their main battery guns to fire 
from sea at land targets in support of military forces ashore. On the 
east coast, the land ranges where FIREX training can take place are 
limited. Therefore, land masses are simulated during east coast FIREX 
training using the Integrated Maritime Portable Acoustic Scoring and 
Simulation System (IMPASS) system, a system of buoys that simulate a 
land mass. FIREX training using IMPASS in the VACAPES and JAX Range 
Complex study areas occurs only during daylight hours in the locations 
described in Figures 1 of the LOA applications.

Strike Warfare

    Strike Warfare (STW) operations are the applications of offensive 
military power at any chosen time and place to help carry out national 
goals. The systems required to conduct STW include: weapons, launch 
platforms, and command and control systems, intelligence, surveillance, 
reconnaissance, and targeting systems, and pilots or crews to operate 
the systems. STW would only occur in the VACAPES Range Complex study 
area. STW involves the use of explosive ordnance includes air-to-
surface Missile Exercises (MISSILEX (A-S)).
    Strike fighter and electronic attack aircraft use sensors to detect 
radar signals from a simulated threat radar site and either simulate or 
actually launch an explosive or non-explosive high-speed anti-radiation 
missile (HARM) with the goal of destroying or disabling the threat 
radar site. HARM training events are conducted in the daytime and at 
night in locations described Figure 1 of the VACAPE LOA application.

Vessel Movement

    Vessel movements are associated with most activities under the 
training operations in both VACAPES and JAX Range Complexes. Currently, 
the number of Navy vessels operating in the VACAPES and JAX Range 
Complex study areas varies based on training schedules and can range 
from 0 to about 10 vessels at any given time. Ship sizes range from 362 
ft (110 m) for a SSN to 1,092 ft (333 m) for a CVN and speeds generally 
range from 10 to 14 knots. Operations involving vessel movements occur 
intermittently and are variable in duration, ranging from a few hours 
up to 2 weeks. These operations are widely dispersed throughout the 
operation areas, which is a vast area encompassing 27,661 nm\2\ (an 
area approximately the size of Indiana) for the VACAPES Range Complex 
and 50,090 nm\2\ for the JAX Range Complex. The Navy logs about 1,400 
total vessel days within the VACAPES Range Complex and about 1,000 
total vessel days within the JAX Range Complex during a typical year. 
Consequently, the density of ships within the
    Study Area at any given time is extremely low (i.e., less than 
0.0004 ships/nm\2\ and 0.00005 ship/nm\2\, for VACAPES and JAX Range 
Complexes, respectively).
    Table 1 in both applications provide descriptions of the locations 
of the VACAPES and JAX Range Complexes.
    Tables 2 through 5 in both applications provide summaries of the 
proposed training operations involving explosions and the types and 
frequencies of explosives that would be used.

Proposed Monitoring and Mitigation Measures

    The Navy is developing an Integrated Comprehensive Monitoring 
Program (ICMP) for marine species to assess the effects of training 
activities on marine species and investigate population trends in 
marine species distribution and abundance in various range complexes 
and geographic locations where Navy training occurs. The primary tools 
available for monitoring include visual observations, acoustic 
monitoring, photo identification and tagging, and oceanographic and 
environmental data collection.
    A list of proposed mitigation measures and standard operating 
procedures are described in the applications for the proposed training 
operations. These mitigation measures include personnel training for 
watchstanders and lookouts in marine mammal monitoring, operating 
procedures for collision avoidance, specific measures applicable to the 
mid-Atlantic during North Atlantic right whale migration, and a series 
of measures for specific at-sea training events including surface-to-
surface gunnery, etc. A detailed description of the monitoring and 
mitigation measures are provided in the applications.

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

    Dated: April 8, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E8-7903 Filed 4-11-08; 8:45 am]
BILLING CODE 3510-22-S