[Federal Register Volume 74, Number 31 (Wednesday, February 18, 2009)]
[Notices]
[Page 7590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3413]



[[Page 7590]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN34


Taking and Importing Marine Mammals; U.S. Navy's Atlantic Fleet 
Active Sonar Training (AFAST)

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice; issuance of a letter of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and 
implementing regulations, notification is hereby given that a 1-year 
letter of authorization (LOA) has been issued to the U.S Navy (Navy) 
for the incidental take of marine mammals during the Navy's Atlantic 
Fleet Active Sonar Training (AFAST) activities conducted off the 
Atlantic Coast and in the Gulf of Mexico. These activities are 
considered military readiness activities pursuant to the Marine Mammal 
Protection Act (MMPA), as amended by the National Defense Authorization 
Act of 2004 (NDAA).

DATES: Effective January 22, 2009, through January 21, 2010.

ADDRESSES: The LOA and supporting documentation 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 one of the contacts listed here (FOR FURTHER INFORMATION 
CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected 
Resources, NMFS.

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) 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 and of no more than 1 year, the Secretary 
shall issue a notice of proposed authorization for public review.
    Authorization shall be granted if NMFS finds that the taking will 
have 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.
    The NDAA (Public Law 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations and amended the 
definition of ``harassment'' as it applies to a ``military readiness 
activity'' to read as follows (Section 3(18)(B) of the MMPA):
    (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 4, 2008, NMFS received an application from the Navy 
requesting authorization for the take of 40 species of marine mammals 
incidental to upcoming Navy AFAST activities, including training, 
maintenance, and research, development, testing, and evaluation 
(RDT&E), to be conducted within the AFAST Study Area, which extends 
east from the Atlantic Coast of the U.S. to 45[deg] W. long. and south 
from the Atlantic and Gulf of Mexico Coasts to approximately 23[deg] N. 
lat., but not encompassing the Bahamas (see Figure 1 1 in the Navy's 
Application), over the course of 5 years. These activities are 
classified as military readiness activities. These activities may 
incidentally take marine mammals present within the AFAST Study Area by 
exposing them to sound from mid-frequency or high frequency active 
sonar (MFAS/HFAS) or to underwater detonations at levels that NMFS 
associates with the take of marine mammals. The Navy requested 
authorization to take individuals of 40 species of marine mammals by 
Level B Harassment. Further, though they do not anticipate it to occur, 
the Navy requested authorization to take, by injury or mortality, up to 
10 individual beaked whales over the course of the 5-year regulations.

Authorization

    On January 22, 2009, NMFS' final rule governing the take of marine 
mammals incidental the Navy's AFAST activities became effective. In 
accordance with the final rule, NMFS issued an LOA to the Navy on 
January 22, 2009, authorizing Level B harassment of 40 species of 
marine mammals and mortality of 10 individual beaked whales incidental 
to U.S. Navy training, maintenance, and RDT&E activities in the AFAST 
Study Area. Issuance of this LOA is based on findings, described in the 
preamble to the final rule (74 FR 4844, January 27, 2009), that the 
taking resulting from the activities described in this LOA will have a 
negligible impact on marine mammal stocks and will not have an 
unmitigable adverse impact on the availability of the affected marine 
mammal stock for subsistence uses. The LOA describes the permissible 
methods of taking and includes requirements pertaining to the 
mitigation, monitoring and reporting of such taking.

    Dated: February 11, 2009.
P. Michael Payne,
Chief, Permits, Conservation, and Recreation, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. E9-3413 Filed 2-17-09; 8:45 am]
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