[Federal Register Volume 73, Number 163 (Thursday, August 21, 2008)]
[Notices]
[Pages 49443-49444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19417]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XJ18


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

[[Page 49444]]

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, DC, and persons operating under his 
authority.

DATES: Effective from August 16, 2008, through August 15, 2009.

ADDRESSES: Copies of the Navy's April 9, 2008, LOA application letter, 
the LOAs, the Navy's 2007 annual report and the Navy's 2007 5-Year 
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. 
They are codified at 50 CFR part 216 subpart Q. These regulations 
include mitigation, monitoring, and reporting requirements for the 
incidental taking of marine mammals by the SURTASS LFA sonar system. 
For detailed information on this action, please refer to the August 21, 
2007 Federal Register Notice and 50 CFR part 216 subpart Q.

Summary of LOA Request

    NMFS received an application from the U.S. Navy for two LOAs, one 
covering the USNS ABLE (T-AGOS 20) and one covering the USNS IMPECCABLE 
(T-AGOS 23), under the regulations issued on August 21, 2007 (72 FR 
46846). (The R/V Cory Chouest has been retired and has been replaced by 
the USNS ABLE.) The Navy requested that these LOAs become effective on 
August 16, 2008. 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.

Monitoring and Reporting

    In compliance with NMFS' SURTASS LFA sonar regulations for the 
2002-2007 period, the Navy submitted an annual report for SURTASS LFA 
sonar operations during 2006-2007. The Navy also submitted a 
comprehensive report on SURTASS LFA sonar operations and the mitigation 
and monitoring activities conducted under the LOAs issued under its 
previous rule. A copy of these reports can be viewed and/or downloaded 
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. In 
accordance with the current SURTASS LFA sonar regulations (50 CFR 
216.186), the Navy's has submitted classified quarterly mission 
reports, and its annual report for the 2007-2008 LOA is due on 
September 30, 2008. Upon receipt, NMFS will post this annual report on 
the same Internet address.

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 reports 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 marine mammal stocks for subsistence uses.
    These LOAs remain valid through August 15, 2009, 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: August 15, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E8-19417 Filed 8-20-08; 8:45 am]
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