[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10557-10558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN87


Taking and Importing Marine Mammals; Navy Training and Research, 
Development, Testing, and Evaluation Activities Conducted within the 
Northwest Training 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 activities and research, development, testing and evaluation 
(RDT&E) to be conducted in the Northwest Training Range Complex (NWTRC) 
for the period beginning September 2009 and ending September 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 April 
10, 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

[[Page 10558]]

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 NWTRC was made available to 
the public on December 26, 2008, and may be viewed at http://www.nwtrangecomplexeis.com/. During the initial 45-day public comment 
period, the Navy hosted five public hearings. The comment period was 
subsequently extended 30 days and another public hearing was held at an 
additional location.

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 
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 September, 2008, NMFS received an application from the Navy 
requesting authorization to take individuals of 32 species of marine 
mammals (4 pinniped and 28 cetacean) incidental to upcoming training 
and RDT&E activities to be conducted in the NWTRC (off the coasts of 
Washington, Oregon, and northern California) over the course of 5 
years. These training and RDT&E 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 32 species of marine mammals by 
Level B Harassment.

Specified Activities

    In the application submitted to NMFS, the Navy requests 
authorization to take marine mammals incidental to conducting training 
events and RDT&E utilizing mid- and high frequency active sonar sources 
and explosive detonations. These sonar and explosive sources will be 
utilized during Anti-submarine Warfare (ASW) Tracking Exercises, Mine 
Avoidance Training, Extended Echo Ranging and Improved Extended Echo 
Ranging (EER/IEER) events, Missile Exercises, Gunnery Exercises, 
Bombing Exercises, Sinking Exercises, and Mine Warfare Training. 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 NWTRC 
request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's NWTRC activities will be considered by NMFS in developing, if 
appropriate, the most effective regulations governing the issuance of 
letters of authorization.

    Dated: March 6, 2009.
P. Michael Payne,
Chief, Division of Permits, Conservation, and Education, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-5287 Filed 3-10-09; 8:45 am]
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