[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51352-51353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21110]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA513


Taking and Importing Marine Mammals: Taking Marine Mammals 
Incidental to Navy Operations of Surveillance Towed Array Sensor System 
Low Frequency Active Sonar

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

ACTION: Notice; issuance of four Letters of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that NMFS has issued four one-year Letters of Authorization (LOAs) to 
take marine mammals by harassment incidental to the U.S. Navy's 
operation of Surveillance Towed Array Sensor System Low Frequency 
Active (SURTASS LFA) sonar operations to the Chief of Naval Operations, 
Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350 and 
persons operating under his authority.

DATES: Effective from August 16, 2011, through August 15, 2012.

ADDRESSES: Electronic copies of the Navy's March 31, 2011, LOA 
application letter, the LOAs, the Navy's 2010 annual 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-
3225, 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: Jeannine Cody, Office of Protected 
Resources, NMFS (301) 427-8401.

SUPPLEMENTARY INFORMATION:

[[Page 51353]]

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 five 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 operation of SURTASS LFA sonar were published on August 
21, 2007 (72 FR 46846) and remain in effect through August 15, 2012. 
They are codified at 50 CFR part 216 subpart Q. These regulations 
include mitigation, monitoring, and reporting requirements for the 
incidental taking of marine mammals by the SURTASS LFA sonar system. 
For detailed information on this action, please refer to the August 21, 
2007 Federal Register document and 50 CFR part 216 subpart Q.

Summary of LOA Request

    NMFS received an application from the U.S. Navy for four LOAs, one 
covering the USNS VICTORIOUS (T-AGOS 19), one covering the USNS ABLE 
(T-AGOS 20), one covering the USNS EFFECTIVE (T-AGOS 21), and one 
covering the USNS IMPECCABLE (T-AGOS 23), under the regulations issued 
on August 21, 2007 (72 FR 46846). (Note: The R/V CORY CHOUEST has been 
retired and has been replaced by the USNS ABLE.) The Navy requested 
that these LOAs become effective on August 16, 2011. The application 
requested authorization, for a period not to exceed one year, to take, 
by harassment, marine mammals incidental to employment of the SURTASS 
LFA sonar system for training, testing and routine military operations 
on the aforementioned ships in areas of the Pacific Ocean, as described 
in the 2007 regulations.

Monitoring and Reporting

    In compliance with NMFS' 2007 SURTASS LFA sonar regulations, the 
Navy submitted an annual report (No. 3) for SURTASS LFA sonar 
operations during 2009-2010. The Navy also submitted a comprehensive 
report on SURTASS LFA sonar operations and the mitigation and 
monitoring activities conducted under the LOAs issued under its 
previous rule for the 2002 through 2007 period. A copy of these reports 
can be viewed and/or downloaded at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Based on these reports, the Navy 
has conducted the specified activities in the manner described in the 
regulations and LOAs, and has implemented the required mitigation and 
monitoring measures. Additionally, marine mammal detections and 
behavioral observations suggest that the actual impacts of SURTASS LFA 
sonar operation and training fall within the scope and nature of those 
analyzed and anticipated by the regulations and LOAs.
    In accordance with the current SURTASS LFA sonar regulations (50 
CFR 216.186), the Navy has submitted classified quarterly mission 
reports. Under the first three LOA periods in the current rule, the 
Navy has not exceeded the take authorized by NMFS. Based on the 
submitted quarterly reports for the 2010 LOAs, NMFS does not expect the 
Navy to exceed authorized take (requested and authorized) based on the 
Navy's 2010 application. The annual report (No. 4) for the 2010-2011 
LOAs is due on September 30, 2011. Upon receipt, NMFS will post this 
annual report at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

Authorization

    NMFS has issued four LOAs to the U.S. Navy, authorizing the 
incidental harassment of marine mammals, incidental to operating the 
four SURTASS LFA sonar systems for training, testing and routine 
military operations. Issuance of these four LOAs is based on findings, 
described in the preamble to the final rule (72 FR 46846, August 21, 
2007) and supported by information contained in the Navy's required 
reports on SURTASS LFA sonar, that the activities described under these 
four LOAs will have no more than a negligible impact on marine mammal 
stocks and will not have an unmitigable adverse impact on the 
availability of the affected marine mammal stocks for subsistence uses.
    These LOAs remain valid through August 15, 2012, provided the Navy 
remains in conformance with the conditions of the regulations and the 
LOAs, and the mitigation, monitoring, and reporting requirements 
described in 50 CFR 216.184-216.186 (72 FR 46846, August 21, 2007) and 
in the LOAs are undertaken.

    Dated: August 12, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-21110 Filed 8-17-11; 8:45 am]
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