[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33266-33270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14148]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA372


Taking and Importing Marine Mammals: Taking Marine Mammals 
Incidental to Navy Training Exercises in Three East Coast Range 
Complexes

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

ACTION: Notice; issuance of three Letters of Authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that NMFS has issued three one-year Letters of Authorization

[[Page 33267]]

(LOAs) to take marine mammals by harassment incidental to the U.S. 
Navy's training activities within the Navy's Virginia Capes (VACAPES), 
Jacksonville (JAX), and Cherry Point (CHPT) Range Complexes to the 
Commander, U.S. Fleet Forces Command, 1562 Mitscher Avenue, Suite 250, 
Norfolk, VA 23551-2487 and persons operating under his authority.

DATES: Effective from June 5, 2011, through June 4, 2012.

ADDRESSES: Copies of the Navy's January 2011 LOA applications, the 
LOAs, the Navy's 2010 marine mammal monitoring report and the Navy's 
2010 exercise report are available by writing 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, by telephoning the contact listed 
here (see FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents 
cited in this notice may be viewed, by appointment, during regular 
business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected 
Resources, NMFS (301) 713-2289 x 137.

SUPPLEMENTARY INFORMATION: 

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional taking of marine mammals by U.S. citizens who engage in 
a military readiness activity if certain findings are made and 
regulations are issued.
    Authorization may be granted for periods of 5 years or less if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for certain subsistence uses. 
In addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means 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 also must include requirements pertaining to the monitoring 
and reporting of such taking.
    Regulations governing the taking of marine mammals incidental to 
the U.S. Navy's training activities at the Navy's VACAPES, JAX, and 
Cherry Point range complexes were published on June 15, 2009 (VACAPES: 
74 FR 28328; JAX: 74 FR 28349; CHPT: 74 FR 28370) and remain in effect 
through June 4, 2014. They are codified at 50 CFR part 218 subpart A 
(for VACAPES Range Complex), subpart B (for JAX Range Complex), and 
subpart C (for Cherry Point Range Complex). These regulations include 
mitigation, monitoring, and reporting requirements for the incidental 
taking of marine mammals by the Navy's range complex training 
exercises. For detailed information on these actions, please refer to 
the June 15, 2009 Federal Register Notices and 50 CFR part 218 subparts 
A, B, and C. An interim final rule for the modification of certain Navy 
training activities at VACAPES and JAX was published on May 26, 2011 
(76 FR 30552).

Summary of LOA Request

    NMFS received an application from the U.S. Navy for three LOAs 
covering the Navy's training activities at the VACAPES, JAX, and CHPT 
range complexes off the US East Coast under the regulations issued on 
June 15, 2009 (VACAPES: 74 FR 28328; JAX: 74 FR 28349; Cherry Point: 74 
FR 28370). The Navy requested several minor modifications to their 
training activities within the VACAPES and JAX Range Complexes starting 
in 2011 (see detailed description in ``Planned Activities for 2011'' 
section), and requested that these LOAs become effective on June 5, 
2011. In order to allow for the Navy's proposed modification in its 
training activities at VACAPES and JAX range complexes, NMFS issued an 
interim final rule (76 FR 30552; May 26, 2011) to allow flexibilities 
in the Navy's evolving training programs as long as the impacts to the 
environment do not exceed the impacts analyzed in the original 
regulations for these range complexes. The application requested 
authorization, for a period not to exceed one year, to take, by 
harassment, marine mammals incidental to proposed training activities 
that involve underwater explosives.

Summary of Activity Under the 2010 VACAPES, JAX, and CHPT LOAs

    As described in the Navy's exercise reports for VACAPES, JAX, and 
CHPT Range Complexes, in 2010, the training activities conducted by the 
Navy were within the scope and amounts contemplated by the final rule 
and identified by the 2010 LOAs. In fact, the number of training 
exercises was below the Navy's proposed 2010 operations, except for 
mine exercises (MINEX) at VACAPES Range Complex, which exceeded the 
annual planned amount of 24 events by an extra 31 events. However, this 
level is still under the total of 120 events authorized under the 5-
year rule, and the take of marine mammals was still below that 
authorized in the LOAs. A detailed description of the Navy's 2010 
training activities can be found in the exercise reports posted on NMFS 
Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

Planned Activities for 2011

    In 2011, the Navy plans to make some minor modifications to its 
training activities at the VACAPES and JAX range complexes, while 
maintaining the same type and amount of training activities at the CHPT 
Range Complex, as compared to the final rules and the 2010 LOAs. A 
detailed description of these proposed modifications is provided below.

Modification for Training at VACAPES Range Complex

    Within the VACAPES Range Complex, the Navy estimates an increase in 
the number of MINEX training events. In June 2009, NMFS specified 20 lb 
NEW charges for VACAPES Range Complex based on the Navy's preliminary 
estimate of 24 events at the time of the original Request for Letter of 
Authorization. To accommodate emergent MINEX training requirements, the 
Navy requested a revised authorization of 9 5-lb NEW charges, 150 10-lb 
NEW charges, and 160 20-lb NEW charges per year, as listed in Table 1. 
No change is requested for MINEX using the Airborne Mine Neutralization 
System (AMNS).
    Training using 5-, 10-, and 20-lb NEW charges during MINEX would 
occur at the same locations in VACAPES where previous 20-lb NEW charges 
would typically occur. These locations are the same MINEX training 
areas described under NMFS June 15, 2009, final rule (VACAPES: 74 FR 
28328).
    In addition, the Navy estimates an increase in the number of 
bombing exercise (BOMBEX) training events. However, instead of training 
with the MK-83 (1,000 lb) bombs, training will use the MK-82 (500 lb) 
bombs. In June 2009, NMFS authorized 20 MK-83 bombs per year for 
VACAPES Range Complex based on the Navy's preliminary estimate at the 
time of the original Request for Letter of Authorization. To 
accommodate an increased need for BOMBEX training based on changes to 
training requirements, the Navy requests that MK-82 bombs be added to 
the list of ordnance for BOMBEX. For 2011-2013,

[[Page 33268]]

the Navy anticipates 40 MK-82 (500 lb) bombs and no MK-83 (1,000 lb) 
bombs will be used per year, as listed in Table 1. Although the number 
of bombs requested is increasing, the type of bomb (MK-82) is smaller 
(500 lb) and has fewer explosives, and therefore the potential 
exposures are reduced.
    Training using MK-82 bombs during BOMBEX would occur at the same 
location in VACAPES Range Complex where MK-83 bomb use would typically 
occur. This location is the same BOMBEX training area described under 
NMFS June 15, 2009, final rule (VACAPES: 74 FR 28328).

Modification for Training at JAX Range Complex

    With in the JAX Range Complex, the Navy estimates a reduction in 
the number of MINEX 20-lb NEW charge training events. In June 2009, 
NMFS authorized 12 events using 20-lb NEW charges per year for JAX 
Range Complex based on the Navy's preliminary estimate at the time of 
the original Request for Letter of Authorization. Given new information 
on planned Fleet MINEX training that was not previously available, the 
Navy requested a revised authorization for 10 MINEX events per year as 
listed in Table 1.

  Table 1--Comparison of Changes for Annual Training Activities Starting From 2011 at the VACAPES and JAX Range
                                                    Complexes
----------------------------------------------------------------------------------------------------------------
                                       2009            2010            2011            2012            2013
----------------------------------------------------------------------------------------------------------------
                                      VACAPES Range Complex
----------------------------------------------------------------------------------------------------------------
MINEX (5-lb NEW charges)........               0               0               9               9               9
MINEX (10-lb NEW charges).......               0               0             150             150             150
MINEX (20-lb NEW charges).......              24              24             160             160             160
BOMBEX (MK-82 bombs)............               0               0              40              40              40
BOMBEX (MK-83 bombs)............              20              20               0               0               0
----------------------------------------------------------------------------------------------------------------
                                        JAX Range Complex
----------------------------------------------------------------------------------------------------------------
MINEX (20-lb NEW charges).......              12              12              12              10              10
MISSILEX (Maverick missiles)....               3               3              10              10              10
FIREX with IMPASS (BB & CC box).              10              10               5               5               5
FIREX with IMPASS (JAX Deepwater               0               0               5               5               5
 Site)..........................
----------------------------------------------------------------------------------------------------------------

    In addition, the Navy estimates an increase in the number of 
Maverick missile exercise (MISSILEX) training events. In June 2009, 
NMFS authorized 3 events using Maverick missiles per year for training 
at the JAX Range Complex based on the Navy's preliminary estimate at 
the time of original Request for Letter of Authorizations submission. 
To accommodate an increased need for Maverick MISSILEX training based 
on changes to training requirements, the Navy requested a revised 
authorization of 10 events using Maverick missiles per year as listed 
in Table 1.
    Finally, the Navy requires an additional training location for 
firing exercise (FIREX) with Integrated Maritime Portable Acoustic 
Scoring and Simulation System (IMPASS) training events. In June 2009, 
NMFS authorized 10 FIREX with IMPASS events per year for JAX Range 
Complex within the BB and CC boxes based on the preliminary estimate 
available at the time of the original Request for Letter of 
Authorization. Given new information on planned Fleet FIREX with IMPASS 
training that was not previously available, the Navy requested a 
revised annual authorization for FIREX with IMPASS events to also occur 
in the new proposed FIREX with IMPASS training location, the JAX 
Deepwater IMPASS Site further offshore. The Navy also requested a 
reduction in the number of events occurring at the BB and CC sites. The 
total number of events from training at both locations remains the same 
(10 events).
    No modification is proposed by the Navy for its planned 2011 
activities at the CHPT Range Complex.
    In addition, due to a recent underwater detonation (UNDET) training 
event during which common dolphins were killed, the Navy is suspending 
all underwater explosive detonations using time-delay devices during 
training. While this suspension is in place, the Navy will continue to 
conduct UNDETs under positive control, when detonation can be suspended 
if a marine mammal enters a pre-established safety zone. For these 
events, the Navy shall continue to follow all UNDET training mitigation 
measures as outlined in the final rule and the LOA.
Estimated Take for 2011
    The estimated takes for the Navy's proposed 2011 training exercises 
are the same as those authorized in 2010. No change has been made in 
the estimated takes from the 2009 LOAs.
    Although the Navy has made several changes to its training 
activities within the VACAPES and JAX range complexes, the calculation 
of exposures for these changes were completed by the Navy using the 
same model, criteria, and location originally used to calculate 
exposures from these activities when the Navy applied for the LOAs. The 
methodology is described on pages 6--21 of the original VACAPES LOA 
application (DoN 2008a) and pages 6--17 of the original JAX LOA 
application (DoN 2008b), respectively.
    For the MINEX activities within the VACAPES Range Complex, the 
change from 24 20-lb NEW charges to 9 5-lb NEW charges, 150 10-lb NEW 
charges, and 160 20-lb NEW charges would result in an additional 7 
Level B exposures and 1 Level A exposure.
    For the BOMBEX activities within the VACAPES Range Complex, the 
change from 20 MK-83 (1,000 lb) bombs to 40 MK-82 (500 lb) bombs would 
result in a reduction of 313 Level B exposures and 4 Level A exposures.
    A detailed description of these changes by species in Level A and 
Level B exposure at the VACAPES Range Complex is shown in Table 2. 
While the annual exposures anticipated from the requested changes are 
less than the amount of take originally authorized as a result of the 
conservative analyses, the amount of annual take requested remains the 
same as in the original authorization.

[[Page 33269]]



                  Table 2--Changes of modeled exposures by species at the VACAPES Range Complex
----------------------------------------------------------------------------------------------------------------
                                                     Original         Revised
                     Species                          modeled         modeled         Change           Level
                                                     exposure        exposure
----------------------------------------------------------------------------------------------------------------
MINEX:
    Bottlenose Dolphin..........................               0               2              +2               B
    Clymene dolphin.............................               0               2              +2               B
    Pantropical spotted dolphin.................               1               4              +3               B
    Pantropical spotted dolphin.................               0               1              +1               A
BOMBEX:
    Atlantic spotted dolphin....................               9               7              -2               B
    Bottlenose dolphin..........................              17              15              -2               B
    Clymene dolphin.............................              31              26              -5               B
    Common dolphin..............................           2,059           1,766            -293               B
    Pantropical spotted dolphin.................              64              55              -9               B
    Risso's dolphin.............................              11               9              -2               B
    Common dolphin..............................              17              15              -2               A
    Pantropical spotted dolphin.................               1               0              -1               A
----------------------------------------------------------------------------------------------------------------

    For the MINEX activities within the JAX Range Complex, the change 
from 12 20-lb NEW charges to 10 20-lb NEW charges would result in no 
change in exposure numbers.
    For the MISSILEX activities within the JAX Range Complex, the 
change from 3 Maverick missiles to 10 Maverick missiles would result in 
an additional 4 Level B exposures.
    For the FIREX with IMPASS activities within the JAX Range Complex, 
the change from 10 events in BB and CC boxes to 5 events in BB and CC 
boxes and 5 events in the new JAX Deepwater IMPASS Site would result in 
a reduction of 15 Level B exposures and 1 Level A exposure. This 
reduction of exposures is mainly due to the lower marine mammal density 
at the JAX Deepwater IMPASS Site.
    A detailed description of these changes by species in Level A and 
Level B exposure at the JAX Range Complex is shown in Table 3. While 
the annual exposures anticipated from the requested changes are less 
than the amount of take originally authorized as a result of the 
conservative analyses, the amount of annual take requested remains the 
same as in the original authorization.

                    Table 3--Changes of modeled exposures by species at the JAX Range Complex
----------------------------------------------------------------------------------------------------------------
                                                     Original         Revised
                     Species                          modeled         modeled         Change           Level
                                                     exposure        exposure
----------------------------------------------------------------------------------------------------------------
MISSILEX:
Atlantic spotted dolphin........................               1               5              +4               B
FIREX with IMPASS:
Atlantic spotted dolphin........................              23              12             -11               B
Bottlenose Dolphin..............................              10               6              -4               B
Clymene dolphin.................................               1               0              -1               B
Pantropical spotted dolphin.....................               1               2              +1               B
Pilot whale.....................................               1               2              +1               B
Risso's dolphin.................................               3               2              -1               B
Atlantic spotted dolphin........................               1               0              -1               A
----------------------------------------------------------------------------------------------------------------

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

Annual Exercise Reports

    The Navy submitted their 2010 exercise report within the required 
timeframes and it is posted on NMFS Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. NMFS has reviewed the report and it contains 
the information required by the 2010 LOAs. The report lists the amount 
of training exercises conducted between June 2010 and January 2011. For 
training exercises conducted at the VACAPES Range Complex, the Navy 
conducted 77 exercises out of the total of 176 proposed. For training 
exercises at the JAX Range Complex, the Navy conducted 14 out of 175 
exercises proposed. No training exercise was conducted at the Cherry 
Point Range Complex, though a total of 38 exercises were proposed.

Monitoring and Annual Monitoring Reports

    The Navy conducted the monitoring required by the 2010 LOA and 
described in the Monitoring Plan, which included aerial and vessel 
surveys of training exercises by marine mammal observers. 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 3 of the monitoring 
report).
    Based on the Navy's monitoring report, approximately 107 cetaceans 
were sighted from 7 sightings during the MINEX vessel visual survey and 
FIREX visual survey on August 9 and 10, 2010, respectively. These 
cetaceans include 65 common dolphins, 12 bottlenose dolphins, 6 Risso's 
dolphins, 10 Atlantic spotted dolphins, and 14 unidentified cetacean 
species. None of these animals were expected to be affected because 
they were all outside the take zones.
    In addition, approximately 172 cetaceans were sighted from 11 
sightings during the MISSILEX (Maverick) aerial visual survey on August 
9, 2010, and during the FIREX aerial visual surveys on October 5 and 6, 
2010. These cetaceans include approximately 100 Atlantic spotted

[[Page 33270]]

dolphins, 51 bottlenose dolphins, and 21 unidentified cetacean species. 
Most of the cetaceans were sighted either outside the take zone or 
before the Navy exercise, and were not expected to be affected. Only 
one bottlenose dolphin was sighted approximately 68 yards from the 
vessel during a break between the 1st and 2nd round of FIREX event. No 
unusual behavior was observed from the bottlenose dolphin, and the area 
was monitored for 30 minutes after the sighting, without the animal 
being sighted again, before training activities were resumed.

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 
marine observer data, as well as new information from other Navy 
programs (e.g., research and development), and other appropriate newly 
published information. The Navy updated its 2010 ICMP Plan and will 
comply with the Plan. The ICMP may be viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

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 follow-on symposium to include a larger audience of 
scientists, industries, federal agencies, conservation managers, and 
environmental 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 noise in our oceans. The steering committee has been convened and 
met for the first time in October 2010. Both working groups had their 
first meeting in March 2011 in Boston, MA. 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 
three east coast training ranges final rules, and mitigation or 
monitoring measures may be modified, as appropriate.

Adaptive Management

    NMFS and the Navy conducted an adaptive management meeting in 
October 2010 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 
review, NMFS determines that the Navy's current monitoring plans for 
the VACAPES, JAX, and CHPT range complexes are robust and no changes 
are warranted.
    In terms of the Navy's proposed modification for its future 
training activities, NMFS conducted a thorough analysis and issued an 
interim final rule to allow flexibility in the Navy's training program, 
as long as the effects on marine mammal species and their habitat are 
within the scope of NMFS' analysis conducted in 2009 for the initial 
final rules governing authorization of these actions (see Planned 
Activities for 2011 section above).

Authorization

    The Navy complied with the requirements of the 2010 LOAs. 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, and was likely lower given the fact that Navy conducted 
fewer operations in 2010 than originally planned. Further, the level of 
taking authorized in 2011 for the Navy's training exercises at VACAPES, 
JAX, and CHPT range complexes is consistent with our previous findings 
made for the total taking allowed under these range complexes 
regulations. Finally, the record supports NMFS' conclusion that the 
total number of marine mammals taken by the 2011 training exercises at 
VACAPES, JAX, and CHPT range complexes 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 three one-year LOAs for Navy training exercises 
conducted at these East Coast range complexes from June 5, 2011, 
through June 4, 2012.

    Dated: June 1, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-14148 Filed 6-7-11; 8:45 am]
BILLING CODE 3510-22-P