[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77631-77632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30240]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XM07
Taking and Importing Marine Mammals; Undersea Warfare Training
Range 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 Navy
training activities conducted in the Undersea Warfare Training Range
(USWTR) off the east coast of the United States. 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 January
20, 2009.
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. On September
12, 2008, the Navy made available to the public,
[[Page 77632]]
the Draft Overseas Environmental Impact Statement (OEIS) /
Environmental Impact Statement (EIS) for USWTR. The Draft OEIS/EIS is
available at http://projects.earthtech.com/USWTR/EIS/DOEIS-EIS_2008/DOEIS_2008.htm. During the 45-day public comment period, the Navy
hosted four public hearings on the proposed action and the potential
environmental impact of the construction and operation of an USWTR.
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), during periods of
not more than five consecutive years each, if certain findings are made
and regulations are issued or, if the taking is limited to harassment
of no more than one year, The Secretary shall issue a notice of
proposed authorization for public review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have no more than 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 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
In February 2008, NMFS received an application from the Navy
requesting authorization for the take of 20 species of marine mammals
incidental to upcoming Navy training activities to be conducted in the
USWTR located in an area offshore of northeast Florida. These training
activities will occur over the course of 5 years and are classified as
military readiness activities. The Navy states that USWTR 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. The Navy requests authorization to take individuals of
20 species of marine mammals by Level B behavioral harassment.
Specified Activities
In the application submitted to NMFS, the Navy requests
authorization for take of marine mammals incidental to antisubmarine
warfare (ASW) training activities conducted in the USWTR, located
within a 500-square-nautical mile (NM\2\) (1,713 square-kilometer
(km\2\)) area offshore of northeast Florida. The edge of the range
would be approximately 94 km (51 NM) from shore. The depth of water at
the proposed site ranges from 37 to 366 meters (m) (120 to 1,200 feet
(ft)).
ASW training would involve up to three vessels and two aircraft
using the range for any one training event, although events would
typically involve fewer units. The proposed action would require
logistical support for ASW training, including the handling (launch and
recovery) of exercise torpedoes (non-explosive) and submarine target
simulators. Table 1-1 in the Navy's application lists the activity
types and the equipment and platforms involved in USWTR 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 USWTR
request and NMFS' potential development and implementation of
regulations governing the incidental taking of marine mammals by the
Navy's USWTR activities will be considered by NMFS in developing, if
appropriate, the most effective regulations governing the issuance of
letters of authorization.
Dated: December 16, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-30240 Filed 12-18-08; 8:45 am]
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