[Federal Register Volume 73, Number 75 (Thursday, April 17, 2008)]
[Notices]
[Pages 20918-20919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8283]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH25


Taking and Importing Marine Mammals; Navy Training and Research, 
Development, Testing, and Evaluation Activities Conducted Within the 
Southern California 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 to take marine mammals incidental to military readiness 
training events and research, development, testing and evaluation 
(RDT&E) to be conducted in the Southern California Range Complex 
(SOCAL) 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 May 19, 
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:

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 SOCAL was made 
available to the public on April 4, 2008, and may be viewed at http://www.socalrangecomplexeis.com/. Because NMFS is participating as a 
cooperating agency in the development of the Navy's DEIS for SOCAL, 
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.socalrangecomplexeis.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

[[Page 20919]]

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 31, 2008, NMFS received an application from the Navy 
requesting authorization for the take of 24 species of marine mammals 
(4 pinniped and 20 cetacean) incidental to upcoming training activities 
to be conducted off the coast of southern California and farther off 
the coast of northern Mexico (in SOCAL) 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 
pressure from underwater detonations. The Navy requests authorization 
to take individuals of 24 species of marine mammals by Level B 
Harassment. Further, the Navy requests authorization to take 10 
individual beaked whales over the course of 5 years by serious injury 
or mortality.

Specified Activities

    In the application submitted to NMFS, the Navy requests 
authorization to take marine mammals incidental to conducting 
operations utilizing mid- and high frequency active sonar sources and 
explosive detonations. These sonar and explosive sources will be 
utilized during Naval Surface Fire Support Exercises, Bombing 
Exercsises, Sink Exercises, Antisubmarine Warfare (ASW) Tracking 
Exercises, ASW Torpedo Exercises, Major Integrated ASW Training 
Exercises, and Mine Neutralization Exercises. 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 SOCAL 
request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's SOCAL activities will be considered by NMFS in developing, if 
appropriate, the most effective regulations governing the issuance of 
letters of authorization.

    Dated: April 10, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E8-8283 Filed 4-16-08; 8:45 am]
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