[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16754-16755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7482]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV17


Taking and Importing Marine Mammals; Taking of Marine Mammals 
Incidental to Conducting Precision Strike Weapons Testing and Training 
by Eglin Air Force Base in the Gulf of Mexico

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 provisions of the Marine Mammal Protection 
Act (MMPA), as amended, notification is hereby given that a letter of 
authorization (LOA) to take four species of marine mammals incidental 
to testing and training during Precision Strike Weapons (PSW) tests in 
the Gulf of Mexico (GOM), a military readiness activity, has been 
issued to Eglin Air Force Base (AFB).

DATES:  This authorization is effective from April 1, 2010, through 
March 31, 2011.

ADDRESSES:  The application and LOA are available for review in the 
Permits, Conservation, and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910 or by 
contacting the individuals listed in FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Candace Nachman or Michelle Magliocca, 
NMFS, (301) 713-2289.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
NMFS to allow, upon request, the incidental, but not intentional, 
taking of small numbers 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 by NMFS and 
regulations are issued. Under the MMPA, the term ``taking'' means to 
harass, hunt, capture, or kill or to attempt to harass, hunt, capture 
or kill marine mammals. The National Defense Authorization Act of 2004 
(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].
    Authorization, in the form of annual LOAs, may be granted for 
periods of up to 5 years if NMFS finds, after notification and 
opportunity for public comment, that the taking will have a negligible 
impact on the species or stock(s) of marine mammals and will not have 
an unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant). In addition, NMFS must 
prescribe regulations that include permissible methods of taking and 
other means of effecting the least practicable adverse impact on the 
species and its habitat, and on the availability of the species for 
subsistence uses, paying particular attention to rookeries, mating 
grounds, and areas of similar significance. The regulations must 
include requirements pertaining to the monitoring and reporting of such 
taking. Regulations governing the taking of marine mammals incidental 
to PSW testing and training within the Eglin Gulf Test and Training 
Range (EGTTR) in the GOM were published on November 24, 2006 (71 FR 
67810), and remain in effect from December 26, 2006, through December 
27, 2011. The species that Eglin AFB may take during PSW testing and 
training are Atlantic bottlenose (Tursiops truncatus) and Atlantic 
spotted dolphins (Stenella

[[Page 16755]]

frontalis) and dwarf (Kogia simus) and pygmy (Kogia breviceps) sperm 
whales.
    Issuance of the annual LOA to Eglin AFB is based on findings made 
in the preamble to the final rule that the total takings by this 
project would result in no more than a negligible impact on the 
affected marine mammal stocks or habitats and would not have an 
unmitigable adverse impact on subsistence uses of marine mammals. NMFS 
also finds that the applicant will meet the requirements contained in 
the implementing regulations and LOA, including monitoring and 
reporting requirements. Without any mitigation measures, a small 
possibility exists for one bottlenose dolphin and one spotted dolphin 
to be exposed to blast levels from the PSW testing sufficient to cause 
mortality. Additionally, less than two cetaceans might be exposed to 
noise levels sufficient to induce Level A harassment (injury) annually, 
and as few as 31 or as many as 53 cetaceans (depending on the season 
and water depth) could potentially be exposed (annually) to noise 
levels sufficient to induce Level B harassment in the form of a 
temporary loss of hearing sensitivity (also referred to as a temporary 
threshold shift).
    While none of these impact estimates consider the proposed 
mitigation measures that will be employed by Eglin AFB to minimize 
potential impacts to protected species, NMFS has authorized Eglin AFB a 
total of one mortality, two takes by Level A harassment, and 53 takes 
by Level B harassment (TTS) annually. However, the proposed mitigation 
measures described in the final rule (71 FR 67810, November 24, 2006) 
and the LOA are anticipated to both reduce the number of marine mammal 
takes and lessen the severity of the effects of the takes. These 
measures include a conservative safety range for marine mammal 
exclusion; incorporation of aerial and shipboard survey monitoring 
efforts in the program both prior to and after detonation of 
explosives; and a prohibition on detonations whenever marine mammals 
are detected within the safety zone, may enter the safety zone at the 
time of detonation, or if weather and sea conditions preclude adequate 
aerial surveillance. This LOA may be renewed annually based on a review 
of the activity, completion of monitoring requirements, and receipt of 
reports required by the LOA.

Summary of Request

    On March 4, 2010, NMFS received a request for an LOA renewal 
pursuant to the aforementioned regulations that would authorize, for a 
period not to exceed 1 year, take of marine mammals, by harassment, 
incidental to PSW testing and training in the GOM.

Summary of Activity and Monitoring Conducted During 2009 and 2010

    No PSW tests were conducted during calendar year 2009 or between 
January and March of 2010. However, the PSW LOA was modified on April 
16, 2009, to include Stand-Off Precision Guided Munition (SOPGM) 
testing. NMFS issued this modification because it was determined that 
the impacts of SOPGM testing would be significantly smaller than the 
impacts outlined in the PSW LOA. SOPGM testing utilized two out of the 
six live shots allowed for the Small Diameter Bomb (SDB) exercise under 
the PSW LOA. Three Griffin\TM\ SOPGM system missiles with a net 
explosive weight of 7.5 pounds (TNT equivalent) were fired against two 
target boats in the GOM on April 29, 2009, and May 5, 2009. No marine 
mammals were seen during the boat sweep or at release. No evidence of 
injury or death to marine mammals was noted after either mission.

Authorization

    The U.S. Air Force complied with the requirements of the 2009 LOA, 
and NMFS has determined that there was no take of marine mammals by the 
U.S. Air Force in 2009. Accordingly, NMFS has issued a LOA to Eglin AFB 
authorizing the take of marine mammals, by harassment, incidental to 
PSW testing and training in the EGTTR in the GOM. Issuance of this LOA 
is based on findings described in the preamble to the final rule (71 FR 
67810, November 24, 2006) and supported by information contained in 
Eglin's March 2010 request for a new LOA that the activities described 
under this LOA will not result in more than the incidental harassment 
of certain marine mammal species and will have a negligible impact on 
the affected species or stocks. The provision requiring that the 
activities not have an unmitigable adverse impact on the availability 
of the affected species or stock for subsistence uses does not apply 
for this action.

    Dated: March 29, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-7482 Filed 3-30-10; 4:15 pm]
BILLING CODE 3510-22-S