[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Notices]
[Pages 5055-5056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2021]



[[Page 5055]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-AW90


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

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 Navy training, maintenance, and 
research, development, testing, and evaluation (RDT&E) activities to be 
conducted within the Atlantic Fleet Active Sonar Training (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), from January 22, 2010 through 
January 21, 2011.

DATES:  This Authorization is effective from January 22, 2010, through 
January 21, 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 kill or to attempt to harass, hunt, 
capture, or kill marine mammals.
    Regulations governing the taking of marine mammals by the Navy 
incidental to AFAST training, maintenance, and RDT&E became effective 
on January 22, 2009 (74 FR 4843, January 27, 2009), and remain in 
effect through January 21, 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 2 2009, NMFS received a request from the Navy for a 
renewal of an LOA issued on January 22, 2009, for the taking of marine 
mammals incidental to training and research activities conducted within 
the AFAST Study Area under regulations issued on January 22, 2009 (74 
FR 4843, January 27, 2009). The Navy has complied with the measures 
required in 50 CFR 216.244 & 216.245, 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 of some exercises were 
below the Navy's proposed 2009 operations (e.g., the Navy conducted 
only four of the seven major anti-submarine warfare strike group 
training exercises proposed for 2009 (4 of 5 COMPTUEX and 0 of 2 
JTFEX).

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 
modifications, all of which are of little to no consequence to marine 
mammals (in fact, the annual take estimates are fewer in 2010 than 2009 
as a result of these changes). Following are the modifications:
     The Navy anticipates an increase in the use of Extended 
Echo Ranging (EER)/Improved Extended Echo Ranging (IEER) SSQ-110A 
sonobuoys. Use will likely increase from 872 to 1725 sonobuoys 
annually.
     The Navy anticipates an increase in the use of Advanced 
Echo Ranging (AEER) SSQ-125 sonobuoys. Use will likely increase from 
872 to 1550 sonobuoys annually.
     The Navy anticipates an increase in the use of the AN/SLQ-
25 NIXIE towed countermeasure. Use will likely increase from 332 to 
2500 hours annually.
     The Navy plans to cease the use of SQQ-32 side mine 
hunting sonar in the AFAST Study area, which reduces use from 4474 
hours annually to 0.
    The modifications to Navy training and research activities proposed 
in 2010, will not effect marine mammals in a manner not previously 
considered or analyzed in NMFS' final rule and other associated 
documents.

Estimated Take for 2010

    The Navy recalculated the estimated number of marine mammal takes 
(see page 14 in the Navy's 2010 LOA renewal application) and the result 
was an increase of between 1 and 236 takes annually for 13 species, and 
a reduction of between 1 and 5416 takes for 8 species. These changes 
are very small when compared to the total number of takes authorized 
annually, and NMFS does not anticipate a change in the nature of the 
anticipated impacts due to the training modifications. The rule 
contemplated a 10% buffer to allow for training shifts and NMFS is 
authorizing the same amount of take in 2010 as was 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 4 of the 7 major anti-submarine warfare strike 
group training exercises addressed in the rule.
    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 89 marine mammal sightings totaling 444 animals.

[[Page 5056]]

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 exercises, as well as passive acoustic monitoring 
utilizing high frequency acoustic recording packages (HARPs) and pop-up 
buoys. 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 8 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 AFAST 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 AFAST activities is consistent 
with our previous findings made for the total taking allowed under the 
AFAST regulations. Finally, the record supports NMFS' conclusion that 
the total number of marine mammals taken by the 2010 AFAST 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 AFAST Study Area from January 22, 
2010, through January 21, 2011.

    Dated: January 21, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-2021 Filed 1-29-10; 8:45 am]
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