[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4637-4640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1642]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA040


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

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

ACTION: Notice of issuance of a Letter of Authorization; request for 
comments on Integrated Comprehensive Management Program Plan.

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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 for the period of January 22, 2011, through January 21, 2012. NMFS 
also provides notice that the Integrated Comprehensive Management 
Program (ICMP) Plan, which is intended for use as a planning tool to 
focus Navy monitoring priorities pursuant to the MMPA and Endangered 
Species Act (ESA), has been updated for 2010. NMFS encourages the 
public to review this document and provide comments, information, and 
suggestions on the ICMP Plan.

DATES: This authorization is effective from January 22, 2011, through 
January 21, 2012. Comments and information on the ICMP Plan must be 
received no later than February 28, 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. The mailbox address for providing e-mail 
comments on the ICMP Plan is [email protected]. Comments sent via e-
mail, including all attachments, must not exceed a 10-megabyte file 
size.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison or Brian D. Hopper, 
Office of Protected Resources, NMFS, (301) 713-2289.

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 4844, January 27, 2009), and remain in 
effect through January 22, 2014. The AFAST study area 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). For detailed information on this action, please refer to 
the January 2009 final rule. 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 August 31, 2010, NMFS received a request from the Navy for a 
renewal of an LOA issued on January 22, 2010, 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 4844, January 27, 2009). The Navy has complied with the measures 
required in 50 CFR 216.244 and 216.245, as well as the associated 2010 
LOA, and submitted the reports and other documentation required in the 
final rule and the 2010 LOA.

Summary of Activity Under the 2010 LOA

    As described in the Navy's exercise reports (both classified and 
unclassified), in 2010, the training activities conducted by the Navy 
were within the scope and amounts authorized by the 2010 LOA and the 
levels of take remain within the scope and amounts contemplated by the 
final rule. The Navy conducted eight major anti-submarine warfare 
strike group training exercises in 2010, including one Integrated Anti-
Submarine Warfare Course (IAC II), one Joint Task Force Exercise 
(JTFEX), three Composite Training Unit Exercises (COMPTUEX), and three 
Southeastern Anti-Submarine Warfare Integrated Training Initiative 
exercises (SEASWITI).

Planned Activities and Estimated Take for 2011

    In 2011, the Navy expects to conduct the same type and amount of 
training identified in the 2010 LOA. Therefore, for 2011, NMFS 
authorizes the same amount of take that was authorized in 2010.

Summary of Monitoring, Reporting, and Other Requirements Under the 2010 
LOA

Annual Exercise Reports

    The Navy submitted their classified and unclassified 2010 exercise 
reports within the required timeframes and the unclassified report is 
posted on NMFS' Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. NMFS has reviewed both reports and they contain the 
information required by the 2010 LOA. The reports indicate the amounts 
of different types of training that occurred from August 2, 2009, 
through August 1, 2010. As mentioned above, the Navy conducted 8 major 
anti-submarine warfare training exercises addressed in the rule (the 
rule analyzed the likely impacts from 39 coordinated unit level 
training exercises and 7 strike group training exercises).
    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 64 marine mammal sightings totaling 329 animals. 
Furthermore, safety zones were adhered to, and vessels and aircraft 
applied mitigation

[[Page 4638]]

measures when marine mammals were observed within the requisite zones. 
To summarize, there were a total of 5 sightings of 20 marine mammals 
for all AFAST Major Training Exercises for reporting (MTERs) at ranges 
less than 1,000 yards (914 m) during which mid-frequency active sonar 
(MFAS) was in use. Of these 5 total MTER MFAS sightings, there were 3 
sightings of 11 dolphins, 2 sightings of 9 whales, and 0 sightings of 
pinnipeds. There were a total of 7 mitigation events triggered by these 
sightings, which resulted in two sonar power downs (range to animal < 
1,000 yards (914 m)) and two shut down (range to animal < 200 yards 
(183 m)). During one of these mitigation events, sonar was 
unnecessarily shut down when the observed range of a whale was in 
excess of 1,000 yards (914 m). During two mitigation events when sonar 
power was lowered (power down by -10 dB), the ship did not report a 
range to the marine mammal sighted.

2010 Monitoring

    The Navy conducted the monitoring required by the 2010 LOA and 
described in the Monitoring Plan, which included aerial and vessel 
surveys of sonar and exercises by dedicated MMOs, as well as passive 
acoustic monitoring utilizing high frequency acoustic recording 
packages (HARPs) and pop-up buoys, and marine mammal tagging, tracking, 
and biopsy sampling. The Navy submitted their 2010 Monitoring Report, 
which is posted on NMFS' Web site (http://www.nmfs.noaa.gov/pr/permits/incidental.htm), within the required timeframe. The Navy included a 
summary of their 2010 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. Navy-funded marine 
mammal monitoring accomplishments within the AFAST study area occurred 
from August 2, 2009 to August 1, 2010.

Visual Surveys

    The majority of monitoring effort for the reporting period was 
conducted in two locations, Onslow Bay and the Jacksonville (JAX) 
Operating Area (OPAREA). These locations serve as the primary study 
areas for longitudinal baseline monitoring efforts and are also the 
primary locations for coordinated Anti-Submarine Warfare (ASW) exercise 
monitoring events. These monitoring efforts and their findings, if 
available, will be discussed in greater detail below.
    The baseline monitoring program consists of year-round multi-
disciplinary monitoring through the use of shipboard and aerial visual 
surveys (24 days each annually), photo identification studies, biopsy 
sampling, and passive acoustic monitoring. Surveys are conducted year-
round using established track lines and standard distance sampling 
techniques. During the reporting period, aerial surveys were planned 
monthly in both Onslow Bay and JAX; however, in JAX no surveys were 
flown during April and May due to adverse weather conditions. In Onslow 
Bay, aerial surveys were conducted on 23 days during this period, and 
aerial observers reported sightings of seven identifiable species of 
marine mammals. In JAX, aerial surveys were conducted on 37 days during 
the reporting period, and aerial observers reported sightings of nine 
identifiable species of marine mammals. On March 20, 2010, an aerial 
survey to the west of the JAX OPAREA (and outside of designated 
critical habitat) observed a female right whale giving birth, which is 
notable because it was only the second North Atlantic right whale birth 
observed.
    Vessel surveys were conducted in both Onslow Bay and JAX during the 
reporting periods. Vessel-based observers in Onslow Bay reported 
sightings of five identifiable species of marine mammals. Over 1,300 
digital images were taken for species identification and individual 
recognition. Analysis of these photographic images resulted in re-
sightings of five bottlenose dolphins and one spotted dolphin, which 
may suggest some degree of residency in the study area. Vessel surveys 
in JAX reported sightings of four identifiable species of marine 
mammals. Approximately 3,300 digital images were taken for the purposes 
of species identification and individual recognition.

Tagging, Tracking, and Biopsy Sampling

    In conjunction with the vessel surveys in Onslow Bay, researchers 
from Duke University and Woods Hole Oceanographic Institution deployed 
five DTAGs between July 4-7, 2010. The DTAG is a small, lightweight tag 
that is placed on a whale using a carbon-fiber pole and attaches to the 
animal via four silicon suction cups. The DTAG is equipped with a 
pressure sensor, three-axis magnetometer and accelerometers that 
measure depth, heading, pitch, and roll, at a rate of five times per 
second. The tag contains two hydrophones that record sound and a VHF 
antenna that allows radio tracking of animals while they are at the 
surface and facilitates re-location of the tag upon release from the 
animal. Data are archived on the tag during deployment and later 
downloaded for calibration and analysis. The duration of tag 
deployments vary and tags can either be released by a programmed 
release mechanism or by the animal's actions that result in shedding 
the device (i.e., breaching, coming into physical contact with other 
animals, etc.). The longest DTAG deployment during the July 2010 study 
was over 17 hours. Data from these tagging efforts will be analyzed in 
Matlab to generate descriptive metrics for the diving and acoustic 
behavior of each whale. These include time-depth profiles for the 
duration of the tag deployment.
    When sea conditions permitted, focal follows of tagged animals were 
conducted from a rigged-hulled inflatable boat (RHIB) during daylight 
hours. Location, group size, spread, synchrony and composition, 
behavioral state and environmental conditions were recorded at 5-minute 
intervals. Although these detailed behavioral observations could not be 
collected at night, the R/V Stellwagen followed the tagged whale 
closely using the VHF radio signal. In addition, the presence of prey 
was monitored using an onboard fisheries acoustic system and measured 
physical features of the water column using Acoustic Doppler Current 
Profiler (ADCP) and conductivity-temperature-depth (CTD) casts.
    In addition, the research team was able to collect skin biopsy 
samples from three of the tagged whales for future molecular 
determination of the gender of these individuals.

Passive Acoustic Monitoring

    Three passive acoustic systems have been used during AFAST 
monitoring in Onslow Bay and JAX--a multi-element towed array used 
during vessel surveys, bottom-mounted high-frequency acoustic recorder 
packages (HARPs), and pop-up buoys. During the reporting period, the 
towed array was deployed on 17 days of surveys in Onslow Bay. A total 
of 70 acoustic detections were made, 40 of which were identified to 
species. Three HARPs were deployed in Onslow Bay during the reporting 
period. In JAX, the towed array was deployed on 19 days of surveys. A 
total of 48 acoustic detections were made, 31 of which were identified 
to species. Six HARP deployments were made in JAX during the reporting 
period. A thorough analysis of all acoustic data is currently underway.
    Coordinated ASW exercise monitoring studies are one of the primary 
components being used to address specific monitoring questions 
presented in the AFAST monitoring

[[Page 4639]]

plan and LOA. Both passive acoustic and visual monitoring methods have 
been employed to address before/after (aerial surveys) and before/
during/after (passive acoustics) monitoring requirements. During this 
reporting period, two focused ASW exercise passive acoustic monitoring 
efforts were conducted in the JAX OPAREA, each included the deployment 
of 9 pop-up buoys arranged in an array configuration. The goal was to 
establish intensive short-term (20-30 day) passive acoustic monitoring 
before, during, and after specific ASW exercises. Two sets of buoys 
were deployed from September 11, 2009, through October 8, 2009, and 
from December 4, 2009, through January 7, 2010, respectively. Analysis 
of data from both deployments is currently in progress.
    Aerial surveys were coordinated before and after three ASW training 
events during the reporting period. Two surveys coincided with pop-up 
buoy deployments and were conducted September 14-18, 2009, and December 
8-10, 2009; however, aerial surveys conducted in December were hampered 
by poor weather conditions. The third survey was conducted June 4-7, 
2010 in the JAX OPAREA. During the September 2009 surveys, there were a 
total of 39 sightings of four delphinid species. There were no cetacean 
sightings during the December 2009 surveys. The June 2010 surveys 
reported one sighting of a short-finned pilot whale and three sightings 
of Atlantic spotted dolphins.

Marine Mammal Observations and Lookout Effectiveness Study

    Navy marine mammal observers (MMOs) participated in two exercises 
in the JAX OPAREA on March 15-19, 2010 and June 4-9, 2010. MMOs 
conducted visual observations from the bridge wings of Guided Missile 
Destroyers (DDGs) during daylight hours. They worked alongside the Navy 
lookouts, conducting visual searches for marine species. Visual 
monitoring for both exercises was conducted in coordination with data 
collection for a Navy Lookout Effectiveness Study. During the March 
2009 exercise, the MMOs spent approximately 27.5 hours monitoring for 
marine species. Independent MMOs reported four marine mammal sightings, 
which included three Atlantic spotted dolphins and one unidentified 
dolphin. During the June 2010 exercise, the MMOs spent approximately 42 
hours monitoring for marine species. Independent MMOs reported 13 
marine mammal sightings, which included two Atlantic spotted dolphins 
and 11 unidentified dolphins. There were no reports of marine mammals 
behaving in any unusual manner during these exercises.
    To date, the Navy has successfully completed four Lookout 
Effectiveness data collection trials. The primary functions of these 
efforts were to test and refine lookout observation methodology. Of the 
four studies, one was completed in Hawaii, one was completed in 
Southern California, and two were completed off the coast of 
Jacksonville, FL. Each study had four trained biologists acting as 
MMOs, observing from sunrise to sunset each day while underway, to 
assess the effectiveness of the Navy lookout team and to obtain data to 
characterize the possible exposure of marine species to MFAS.
    During the March 2010 exercise, the MMOs recorded four independent 
sightings of marine mammal (i.e., sightings not seen by the Navy 
lookout team). In addition, the Navy lookout team recorded three 
independent sightings, and six sightings were seen by both the MMOs and 
the Navy lookouts. A qualitative review of the data revealed that poor 
sighting conditions (e.g., high wind speed and sea state) correlated to 
low sightings. For example, on the days when the number of sightings 
was the lowest (March 16 and 18), the wind speed and sea states were 
relatively greater than the remaining days with a greater number of 
sightings.
    During the June 2010 exercise, the MMOs recorded 12 independent 
sightings of marine mammals. In addition, the Navy lookout team 
recorded three independent sightings, and four sightings were seen by 
both the MMOs and the Navy lookouts. The Navy concluded that these 
studies accomplished their goals. First, data was collected that will 
populate a spreadsheet in order to being determining the effectiveness 
of the Navy lookouts. Second, sightings information, including the 
range and bearing to an animal, can be used to determine to what extent 
animal(s) may have been exposed to MFAS if the device was in use. 
Reconstruction of the event and the determination of the possible 
exposure(s) of marine species to MFAS will be completed separately.
    In conclusion, the Navy's implementation of the monitoring plan 
accomplished several goals, which contribute to a larger body of data 
intended to better characterize the abundance, distribution, life 
history, and behaviors of the species in the AFAST study area. In 
general, the monitoring conducted in 2010 satisfied the objectives of 
the monitoring plan and specifically contributed to the following: (1) 
A greater knowledge and understanding of the density and distribution 
of species within the AFAST study area; (2) the vocalizations of 
different species, which advances the development of automated 
classification software; (3) the movement patterns of individual (both 
vertically in the water column as well as horizontally for the duration 
of a DTAG deployment); and (4) observable behavioral patterns of marine 
mammals, before, during, and after exposure to Navy training 
activities.
    Except as described below in the Adaptive Management section, NMFS 
concludes that the results of these monitoring efforts when taken 
together with the findings presented in the 2010 exercise report (see 
Annual Exercise Report section) do not warrant making changes to the 
current monitoring/mitigation requirements identified in the LOA. While 
the data collected by the Navy through monitoring and reporting builds 
upon the existing body of information in a valuable way, none of the 
new data contradict, or amend, the assumptions that underlie the 
findings in the 2009 rule in a manner that would suggest changing the 
current mitigation or monitoring.

Adaptive Management

    In general, adaptive management allows NMFS to consider new 
information from different sources to determine (with input from the 
Navy regarding practicability) if monitoring efforts should be modified 
if new information suggests that such modifications are appropriate. 
All of the 5-year rules and LOAs issued to the Navy include an adaptive 
management component, which includes an annual meeting between NMFS and 
the Navy. NMFS and the Navy conducted an adaptive management meeting in 
October, 2010, which representatives from the Marine Mammal Commission 
participated in, wherein we reviewed the Navy monitoring results 
through August 1, 2010, discussed other Navy research and development 
efforts, and discussed other new information that could potentially 
inform decisions regarding Navy mitigation and monitoring. Based on the 
implementation of the 2010 monitoring, the Navy proposed some minor 
modifications to their monitoring plan for 2011, which NMFS agreed were 
appropriate. Additional details regarding these minor modifications are 
provided in the following paragraph.
    After over 3 years of combined aerial and shipboard visual surveys 
at the Onslow Bay location, the Navy plans to shift some of that survey 
effort to a new

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location to the north, off Cape Hatteras, NC because the Onslow Bay 
surveys have established a relatively detailed baseline of low marine 
species distribution and habitat use. This change is meant to enable 
the Navy to take advantage of additional monitoring locations and 
techniques to better address the questions proposed in the AFAST 
monitoring plan and contribute to addressing the objectives of the 
Navy's ICMP plan. Vessel and aerial surveys off Cape Hatteras will 
support a study examining the behavioral ecology, prey fields, and 
cetacean reactions to sound. The project is an expansion of previous 
research conducted on pilot whales and other deep-diving odontocetes by 
researchers from Duke University and Woods Hole Oceanographic 
Institution. Baseline data will be collected in 2010-2011 from boat-
based visual surveys and may also include tagging, biopsy, photo ID, 
and tracking. The project is anticipated to span approximately 3 years 
to include future experimental response studies and prey field mapping. 
For 2011, the Navy proposes to allow for flexibility among multiple 
sites within the Virginia Capes (VACAPES), Cherry Point (CHPT), and 
Jacksonville (JAX) Operating Areas (OPAREAS) in order to support 
different monitoring efforts as described above. The Navy plans to 
continue some baseline monitoring at the Onslow Bay site.
    Beyond those changes, none of the information contained in the 
monitoring report or discussed at the annual adaptive management 
meeting 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 12 of the 
Navy's 2011 LOA Application, which may be viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

Integrated Comprehensive Monitoring Report

    The 2010 LOA required that the Navy update the ICMP Plan to reflect 
development in three areas, specifically: (1) Identifying more specific 
monitoring sub-goals under the major goals that have been identified; 
(2) characterizing Navy Range Complexes and study areas within the 
context of the prioritization guidelines described in the ICMP Plan; 
and (3) continuing to develop data management, organization and access 
procedures. The Navy has updated the ICMP Plan as required. Because the 
ICMP is an evolving Program, we have posted the ICMP on NMFS Web site: 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm and are specifically 
requesting input, which the Navy and NMFS will consider and apply as 
appropriate.
    Further, the Navy convened a monitoring meeting in October, 2010 to 
solicit input from NMFS and marine mammal and acoustic scientists 
regarding the comprehensive development and improvement of the more 
specific monitoring that should occur across the Navy's training areas. 
Subsequent to those discussions, the Navy has developed a scientific 
advisory group (of Navy and outside scientists) that will work on a 
proposed Navy training area-wide monitoring plan that better considers 
the biological, logistical, and resource-specific factors that are 
applicable in each area (and which are summarized in the updated ICMP) 
to maximize the effectiveness of Navy monitoring within the context of 
the information that is most needed. Subsequently, NMFS and MMC 
representatives will review this proposed Navy-wide monitoring plan, 
which will likely reflect monitoring differences in some Navy training 
areas from what is required in the 2011 LOA.
    This proposed Navy-wide monitoring plan will then be available for 
review and discussion at the required 2011 Navy Monitoring Meeting, 
which will take place in late Spring 2011. The Navy and NMFS will then 
modify the Navy-wide monitoring plan based on applicable input from the 
2011 Monitoring Meeting and propose appropriate changes to the 
monitoring measures in specific LOAs for the different Range Complexes 
and training areas. For training areas with substantive monitoring 
modifications, NMFS will subsequently publish proposed LOAs, with the 
modifications, in the Federal Register and solicit public input. After 
addressing public comments and making changes as appropriate, NMFS will 
issue new training area LOAs that reflect the new Navy-wide monitoring 
plan.

NOAA Workshops

    In a January 19, 2010 letter to the Council on Environmental 
Quality, NOAA identified the need for two interrelated workshops on 
marine mammals and sound in the ocean. To address this commitment, NOAA 
is convening two parallel, focused, relatively small, and product-
driven working groups. One will identify and map cetacean ``hot 
spots'', defined as areas of known, or reasonably predictable, 
biological importance (i.e., for reproduction, feeding, migration) and/
or high densities. The second working group will be directed toward 
developing a comprehensive data collection and analysis plan for 
describing and predicting underwater sound fields in different areas. 
The outcomes of these working groups will be integrated and analyzed in 
a broader symposium to include a larger audience of scientists, 
industries, Federal agencies, conservation managers, and environmental 
non-governmental organizations (NGOs). The final products and analyses 
will provide a more robust, comprehensive, and context-specific 
biological and acoustic basis by which to inform subsequent management 
decisions regarding human-generated noise in our oceans. The steering 
committee has been convened and met for the first time in October, 
2010. The working group efforts should take about a year to complete, 
and we expect the final symposium to be held in early 2012. The results 
of these working groups will be analyzed by NMFS in an adaptive 
management context, as related to the AFAST final rule (74 FR 4844, 
January 27, 2009), and mitigation or monitoring measures may be 
modified, as appropriate.

Authorization

    The Navy complied with the requirements of the 2010 LOA. Based on 
our review of the record, NMFS has determined that the marine mammal 
take resulting from the 2010 military readiness training and research 
activities falls within the levels previously anticipated, analyzed, 
and authorized. Further, the level of taking authorized in 2011 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 2011 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, 2011, through January 21, 2012.

    Dated: January 20, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2011-1642 Filed 1-25-11; 8:45 am]
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