[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Notices]
[Pages 2490-2491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-722]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XT29


Taking and Importing Marine Mammals; Naval Explosive Ordnance 
Disposal School Training Operations Activities at Eglin Air Force Base, 
FL

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; receipt of application for a Letter of Authorization; 
request for comments and information.

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SUMMARY:  NMFS has received an application from the U.S. Department of 
the Air Force, Headquarters 96\th\ Air Base Wing (U.S. Air Force), 
Eglin Air Force Base (Eglin AFB) for authorization to take marine 
mammals, by harassment, incidental to Naval Explosive Ordnance Disposal 
School (NEODS) training operations, military readiness activities, at 
Eglin AFB, FL from approximately October, 2010, to October, 2015. 
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing 
receipt of the U.S. Air Force's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on the U.S. 
Air Force's application and request. NMFS issued annual Incidental 
Harassment Authorizations pursuant to the MMPA, for similar specified 
activities in 2005, 2006, 2007, and 2008. No activities have occurred 
to date.

DATES:  Comments and information must be received no later than 
February 16, 2010.

ADDRESSES:  Comments on the application should be addressed to P. 
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 PR1.0648-XT29 @noaa.gov. 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.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    A copy of the application containing a list of the references used 
in this document may be obtained by writing to the address specified 
above, telephoning the contact listed below (see FOR FURTHER 
INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this 
notice may be viewed, by appointment, during regular business hours, at 
the aforementioned address.

FOR FURTHER INFORMATION CONTACT:  Howard Goldstein or Jolie Harrison, 
Office of Protected Resources, NMFS, 301-713-2289, ext. 172.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of the application containing a list of the references used 
in this document may be obtained by writing to the address specified 
above, telephoning the contact listed below (see FOR FURTHER 
INFORMATION CONTACT), or visiting the internet at:http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
    Documents cited in this notice may be viewed, by appointment, 
during regular business hours, at the aforementioned address.

Background

    In the case of military readiness activities (as defined by 
Subsection 315(f) of Public Law 107-314; 16 U.S.C. 703 note), 
subparagraphs 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) within a specified geographical region if certain findings are 
made and regulations are issued, or if the taking is limited to 
harassment an Incidental Harassment Authorization (IHA) is issued. Upon 
making a finding that an application for incidental take is adequate 
and complete, NMFS commences the incidental take authorization process 
by publishing in the Federal Register a notice of a receipt of an 
application for the implementation of regulations or a proposed IHA.
    An authorization for the incidental takings may be granted if NMFS 
finds that the taking during the period of the authorization will have 
a negligible

[[Page 2491]]

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 (where relevant), and if the permissible methods of taking and 
requirements pertaining to the mitigation, monitoring and reporting of 
such takings are set forth to achieve the least practicable adverse 
impact.
    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 behavioral 
patterns are abandoned or significantly altered (Level B harassment).''

Summary of Request

    On November 6, 2009, NMFS received an application from the U.S. Air 
Force requesting an authorization for the take of marine mammals 
incidental to NEODS training operations. The requested regulations 
would establish a framework for authorizing incidental take future 
Letters of Authorization (LOA). These LOAs, if approved, would 
authorize the take, by Level B (behavioral) harassment, of Atlantic 
bottlenose dolphins (Tursiops truncatus) incidental to NEODS training 
operations and testing at Eglin Gulf Test and Training Range at 
property off Santa Rosa Island, FL, in the northern Gulf of Mexico 
(GOM). Based on the application, pre-mitigation take would average 
approximately 10 animals per year; approximately 50 animals over the 
five year period. NMFS issued an Incidental Harassment Authorization 
(IHA) for the same activity in 2005 (70 FR 51341; August 30, 2005), 
2006 (70 FR 60693; October 16, 2006), 2007 (72 FR 58290; October 15, 
2007), and 2008 (73 FR 56800, September 30, 2008). The past missions 
have been delayed due to safety issues concerning bringing demolition 
charges under a bridge and no missions have occurred to date under any 
of the IHAs. NEODS missions would involve underwater detonations of 
small, live explosive charges adjacent to inert mines. The NEODS 
training activities are classified as military readiness activities. 
The U.S. Air Force states that noise associated with underwater 
detonation of the specified explosive charges may expose bottlenose 
dolphins in the area to noise and pressure resulting in non-injurious 
temporary threshold shift (TTS) (temporary hearing loss).

Specified Activities

    The NEODS may conduct up to eight two-day demolition training 
events annually; these missions may occur at any time of the year, 
although the U.S. Air Force anticipates that 60 percent of the 
specified activities will occur during summer months while 40 percent 
will occur during winter months. Each demolition training event 
involves a maximum of five detonations. Up to 20 five-pound (lb) 
charges (five lbs net explosive weight [NEW] per charge) and 20 ten-lb 
charges (ten lbs NEW per charge) would be detonated annually in the 
GOM, approximately three nautical miles (5.6 kilometers) offshore of 
Eglin AFB. Detonations would be conducted on the sea floor, adjacent to 
an inert mine, at a depth of approximately 60 feet (18.3 meters). 
Additional information on the NEODS training operations is contained in 
the application, which is available upon request (see ADDRESSES).

Information Solicited

    Interested persons may submit information, suggestions, and 
comments related to the U.S. Air Force's request (see ADDRESSES). All 
information, suggestions, and comments related to the U.S. Air Force's 
NEODS training operations request and NMFS' potential development and 
implementation of regulations governing the incidental taking of marine 
mammals by Eglin AFB's NEODS training operations will be considered by 
NMFS in developing, if appropriate, the most effective regulations 
governing the issuance of Letters of Authorization.

    Dated: January 11, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-722 Filed 1-14-10; 8:45 am]
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