[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Notices]
[Pages 4049-4051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1495]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AW86


Taking and Importing Marine Mammals; U.S. Navy Training in the 
Hawaii Range Complex

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

ACTION: Notice of issuance of a letter of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notice is hereby given that NMFS 
has issued a letter of authorization (LOA) to the U.S. Navy (Navy) to 
take marine mammals incidental to training and research activities 
conducted within the Hawaii Range Complex (HRC) for the period of 
January 15, 2010 through January 14, 2011.

DATES: This Authorization is effective from January 15, 2010, through 
January 14, 2011.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to P. Michael Payne, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910, or by telephoning one of 
the contacts listed here.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected 
Resources, NMFS, (301)713-2289, ext. 166.

SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) directs NMFS to allow, upon request, the incidental 
taking of marine mammals by U.S. citizens who engage in a specified 
activity (other than commercial fishing), if certain findings are made 
by NMFS and regulations are issued. Under the MMPA, the term ``take'' 
means to harass, hunt, capture, or

[[Page 4050]]

kill or to attempt to harass, hunt, capture, or kill marine mammals.
    Regulations governing the taking of marine mammals by the Navy 
incidental to training and research activities conducted within the 
Hawaii Range Complex (HRC) became effective on January 5, 2009 (74 FR 
1455, January 12, 2009), and remain in effect until January 5, 2014. 
For detailed information on this action, please refer to that document. 
These regulations include mitigation, monitoring, and reporting 
requirements and establish a framework to authorize incidental take 
through the issuance of LOAs.

Summary of Request

    On November 3, 2009, NMFS received a request from the Navy for a 
renewal of an LOA issued on January 8, 2009, for the taking of marine 
mammals incidental to training and research activities conducted within 
the HRC under regulations issued on January 5, 2009 (74 FR 1455, 
January 12, 2009). The Navy has complied with the measures required in 
50 CFR 216.174 & 216.175, as well as the associated 2009 LOA, and 
submitted the reports and other documentation required in the final 
rule and the 2009 LOA.

Summary of Activity under the 2009 LOA

    As described in the Navy's exercise reports (both classified and 
unclassified), in 2009, the training activities conducted by the Navy 
were within the scope and amounts contemplated by the final rule and 
authorized by the 2009 LOA. In fact, the number and type of some 
exercises were well below the Navy's proposed 2009 operations (e.g., 
the Navy conducted only one of the five major anti-submarine warfare 
training exercises proposed for 2009; utilized only a small fraction of 
the original number of explosives planned for 2009; and conducted no 
Sinking Exercises in 2009).

Planned Activities for 2010

    In 2010, the Navy expects to conduct the same type and amount of 
training identified in the final rule and 2009 LOA, with a few 
clarifications and one modification, all of which are of little to no 
consequence to marine mammals. Following are the clarifications and 
modification:
     The rule identifies the AQS-22 as helicopter dipping 
sonar. To clarify, this source is representative of all helicopter 
dipping sonar, including the AQS-13, which has a lower source level. 
The higher level AQS-22 was used to model effects.
     The rule identifies the MK-48 as the torpedo. To clarify, 
this source is representative of all torpedoes, including the MK-46 and 
MK-54, which have lower source levels and lower net explosive weights. 
The higher level MK-48 was used to model effects.
     The rule identifies the BQQ-10 as submarine sonar. To 
clarify, this source is also representative of the BQQ-5 submarine 
sonar, which has similar sound source characteristics.
     The Navy is transitioning from the use of the Improved 
Extended Echo-ranging (IEER) system to the Advanced Extended Echo-
ranging (AEER) system (described further below), i.e., they are adding 
the use of AEER and reducing use of IEER.
     Also, the Navy accidentally modeled a higher number of 
IEER sonobuoys (3600) than they intend to deploy (960), which resulted 
in a slight overestimate of the number of animals that would be taken.

Transition from the Use of IEER to AEER

    The Navy is developing the AEER system as a replacement to the IEER 
system. The proposed AEER system is operationally similar to the 
existing IEER system. As described in the rule, IEER is deployed by 
Marine Patrol Aircraft as a large array of paired sonobuoys wherein the 
active sonobuoy (AN/SQQ-110A) generates a small explosion and then the 
passive sonobuoy (AN/SSQ-101) records the reflected echos of the 
impulsive sound generated by the detonation. Similarly, AEER is also 
deployed by Marine Patrol Aircraft as a large array of paired sonobuoys 
wherein the passive sonobuoy (AN/SSQ-101) records the reflected echos 
of the sound generated by the active sonobuoy. However, instead of 
using an explosive AN/SSQ-110A as an impulsive source for the active 
acoustic wave, the AEER will use a battery powered tonal source, the 
new active AN/SSQ-125 sonobuoy. In summary, the AEER is physically 
deployed in the same manner as the IEER, which was described in the 
rule, and uses the same sort of tonal source that has been analyzed 
elsewhere in the rule, for example for the AN/SSQ-62 sonobuoy.
    For the purposes of analysis, replacement of the IEER system by the 
AEER system will be assumed to occur at 25% per year as follows: 2010 
-- up to ~ 25% replacement; 2011- up to ~ 50% replacement; 2012 -- up 
to ~ 75% replacement; and from 2013 to 2015 -- up to ~ 100% 
replacement, with no further use of the IEER system after 2015. Navy 
modeling indicates that a conversion factor of approximately 1.024 is 
necessary to convert the total number of estimated takes from IEER to 
AEER as a result of the difference in the active components in their 
systems. When this is applied to the amount of AEER usage planned for 
the HRC for 2010 (25% of 960 sonobuoys), no quantifiable change in the 
Navy's take estimates, or qualitative change in the nature of impacts, 
for IEER (now combined with AEER) usage occurs.
    In sum, the clarifications and one modification to Navy training 
and research activities proposed in 2010, will have not effect marine 
mammals in a manner not previously considered or analyzed in NMFS' 
final rule and other associated documents.

Estimated Take for 2010

    As mentioned above, in 2009 the Navy accidentally modeled 3600 IEER 
sonobuoys instead of 960 which resulted in minor overestimates in take 
(on the order of a few or less individuals for most species). 
Otherwise, the only change in the Navy's training activities in the HRC 
for 2010 is the beginning of the transition from IEER to AEER (which 
does not affect the take estimates or effects on marine mammals), and, 
therefore, NMFS is authorizing the same amount of take authorized in 
2009.

Summary of Monitoring, Reporting, and other requirements under the 2009 
LOA

Annual Exercise Reports

    The Navy submitted their classified and unclassified 2009 exercise 
reports within the required timeframes and the unclassified report is 
posted on NMFS website: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. NMFS has reviewed both reports and they contain the 
information required by the 2009 LOA. The reports indicate the amounts 
of different types of training that occurred from January 8, 2009, 
through August 1, 2009, and estimate the amounts of training occurring 
from August 2, 2009, through January 7, 2010. As mentioned above, the 
Navy only conducted one of the 5 major anti-submarine warfare training 
exercises addressed in the rule and utilized only a small fraction of 
the explosives planned (no Sinking Exercises were conducted). No active 
sonar use occurred in the period from January 9, 2009, through April 
15, 2009, either in the Humpback Cautionary Area or the larger dense 
humpback area generally shown on the Mobley map (73 FR 35510, page 
35520) plus a 5-km buffer but not including the Pacific Missile Range 
Facility.

[[Page 4051]]

    The reports also list specific information gathered when marine 
mammals were detected by Navy watchstanders, such as how far an animal 
was from the vessel, whether sonar was in use, and whether it was 
powered or shut down. This information indicates that the Navy 
implemented the safety zone mitigation measures as required. No 
instances of obvious behavioral disturbance were reported by the Navy 
watchstanders in their 24 marine mammal sightings totaling 135 animals.

Monitoring and Annual Monitoring Reports

    The Navy conducted the monitoring required by the 2009 LOA and 
described in the Monitoring Plan, which included aerial and vessel 
surveys of sonar and explosive exercises, as well as ordering and 
purchasing acoustic recording devices to be used to gather data in 
subsequent years. The Navy submitted their 2009 Monitoring Report, 
which is posted on NMFS' website (http://www.nmfs.noaa.gov/pr/permits/incidental.htm), within the required timeframe. The Navy included a 
summary of their 2009 monitoring effort and results (beginning on page 
9 of the monitoring report) and the specific reports for each 
individual effort are presented in the appendices. Because data is 
gathered through August 1 and the report is due in October, some of the 
data analysis will occur in the subsequent year's report.

Integrated Comprehensive Management Program (ICMP) Plan

    The ICMP will be used both as: (1) a planning tool to focus Navy 
monitoring priorities (pursuant to ESA/MMPA requirements) across Navy 
Range Complexes and Exercises; and (2) an adaptive management tool, 
through the consolidation and analysis of the Navy's monitoring and 
watchstander data, as well as new information from other Navy programs 
(e.g., R&D), and other appropriate newly published information. The 
Navy finalized a 2009 ICMP Plan outlining the program on December 22, 
2009, as required by the 2009 LOA. The ICMP may be viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
    The ICMP is a program that will be in place for years and NMFS and 
Navy anticipate the ICMP may need to be updated yearly in order to keep 
pace with new advances in science and technology and the collection of 
new data. In the 2009 ICMP Plan, the Navy outlines three areas of 
targeted development for 2010, including:
     Identifying more specific monitoring sub-goals under the 
major goals that have been identified
     Characterizing Navy Range Complexes and Study Areas within 
the context of the prioritization guidelines described here
     Continuing to Develop Data Management, Organization and 
Access Procedures

Stranding Response Plan

    NMFS and the Navy developed a Stranding Response Plan for the HRC 
and certain components of the Plan were included as mitigation measures 
in the 2009 LOA. The Navy was required to work with NMFS to develop a 
communication plan to facilitate response and information exchange in 
the event of a marine mammal stranding event. The communication plan 
was completed and disseminated to the necessary NMFS and Navy staff, 
although it is not available to the public because it contains personal 
information.
    The Navy was also required to work with NMFS to develop a 
Memorandum of Agreement (MOA), or other mechanism consistent with 
federal fiscal law requirements to establish a framework whereby the 
Navy can assist NMFS with stranding investigations in certain 
circumstances. NMFS and the Navy have developed a draft memorandum of 
understanding (MOU) that is currently under review at both agencies. 
The MOU includes agreement between the NMFS and the Navy to further 
develop regional stranding investigation assistance plans to identify 
regional assets, equipment, locations, or services that Navy may be 
able to provide and the process by which this will operate within a 
given geographic area.

Adaptive Management and 2010 Monitoring Plan

    NMFS and the Navy conducted an adaptive management meeting in 
October, 2009 wherein we reviewed the Navy monitoring results through 
August 1, 2009, discussed other Navy research and development efforts, 
and discussed other new information that could potentially inform 
decisions regarding Navy mitigation and monitoring. Because this is the 
first year of the regulation's period of effectiveness, the review only 
covered about 7 months of monitoring, which limited NMFS and the Navy's 
ability to undertake a robust review of the Navy's exercises and their 
effects on marine mammals. Based on the implementation of the 2009 
monitoring, the Navy proposed some minor modifications to their 
monitoring plan for 2010, which NMFS agreed were appropriate. Beyond 
those changes, none of the information discussed led NMFS to recommend 
any modifications to the existing mitigation or monitoring measures. 
The final modifications to the monitoring plan and justifications are 
described in Section 13 of the Navy's 2010 LOA Application, which may 
be viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. As 
additional data is obtained in subsequent years, NMFS and Navy will be 
better positioned to conduct more extensive reviews and modify existing 
mitigation and monitoring measures, if appropriate.

Authorization

    The Navy complied with the requirements of the 2009 LOA. Based on 
our review of the record, NMFS has determined that the marine mammal 
take resulting from the 2009 military readiness training and research 
activities falls within the levels previously anticipated, analyzed, 
and authorized, and was likely lower given the fact that Navy conducted 
fewer operations in 2009 than originally planned. Further, the level of 
taking authorized in 2010 for the Navy's HRC training and research 
activities is consistent with our previous findings made for the total 
taking allowed under the HRC regulations. Finally, the record supports 
NMFS' conclusion that the total number of marine mammals taken by the 
2010 HRC activities will have no more than a negligible impact on the 
affected species or stock of marine mammals and will not have an 
unmitigable adverse impact on the availability of these species or 
stocks for taking for subsistence uses. Accordingly, NMFS has issued a 
one-year LOA for Navy training exercises conducted in the HRC from 
January 15, 2010 through January 14, 2011.

    Dated: January 20, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-1495 Filed 1-25-10; 8:45 am]
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