[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Notices]
[Pages 9628-9631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3714]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA902


Taking and Importing Marine Mammals: Taking Marine Mammals 
Incidental to Navy's Mission Activities at the Naval Surface Warfare 
Center Panama City Division

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

ACTION: Notice; 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, notification is hereby given 
that NMFS has issued a one-year Letter of Authorization (LOA), followed 
by a revised LOA that is valid for two years, to take marine mammals by 
harassment incidental to the U.S. Navy's Research, Development, Test 
and Evaluation (RDT&E) mission activities at the Naval Surface Warfare 
Center Panama City Division (NSWC PCD) to the Commander, U.S. Naval 
Surface Warfare Center Panama City Division, 110 Vernon Avenue, Panama 
City, FL 32407-7001 and persons operating under his authority.

DATES: Effective from January 21, 2012, through January 20, 2014.

ADDRESSES: Copies of the Navy's September 1, 2011, LOA application, the 
LOA, the Navy's 2011 marine species monitoring report and the Navy's 
2011 annual mission activities report are available by writing to P. 
Michael Payne, Chief, Permits and Conservation 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) 427-8418.

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 subsistence uses. 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 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 RDT&E activities at the NSWC PCD were published on 
January 21, 2010 (75 FR 3395), and remain in effect through January 21, 
2015. They are codified at 50 CFR part 218 subpart S. These regulations 
include mitigation, monitoring, and reporting requirements for the 
incidental taking of marine mammals by the Navy's RDT&E activities. For 
detailed information on these actions, please refer to the January 21, 
2010 Federal Register notice and 50 CFR part 218 subpart S.
    On February 1, 2012, NMFS published a final rule (77 FR 4917) that 
allows for the issuance of multi-year LOAs, as long as the regulations 
governing such LOAs are valid.

Summary of LOA Request

    NMFS received an application from the U.S. Navy for an LOA covering 
the Navy's RDT&E activities at NSWC PCD off the U.S. Gulf of Mexico 
under the regulations issued on January 21, 2010 (75 FR 3395). The 
application requested authorization, for a period of two years, to 
take, by harassment, marine mammals incidental to proposed RDT&E 
activities that involve underwater explosive detonation, projectile 
firing, and sonar testing.

[[Page 9629]]

Summary of Activity Under the 2011 LOA

    As described in the Navy's activities report, which covered the 
period between August 2, 2010, and August 1, 2011, the RDT&E activities 
conducted by the Navy were within the scope and amounts contemplated by 
the final rule. None of the testing events exceeded the average annual 
allotment authorized under the rule. No test activities involving 
underwater explosive detonations and projectile firing were conducted 
during the reporting period.
    As shown in Tables 1 and 2, most of the mid-frequency active sonar 
(MFAS) and high-frequency active sonar (HFAS) testing events were far 
below the levels authorized in the annual LOA.

 Table 1--Total Annual Number of Each Type of MFAS and HFAS Listed at 50
 CFR Sec.   218.180 Conducted in the NSWC PCD Study Area in Territorial
                Waters (Number Authorized vs. Conducted)
------------------------------------------------------------------------
                                                 Number        Number
                Sonar system                   authorized     conducted
                                                  (hrs)         (hrs)
------------------------------------------------------------------------
AN/SQS-53/56 Kingfisher.....................           3            0
Sub-bottom profiler (2-9 kHz)...............          21            0
REMUS SAS-LF................................          12            1
REMUS Modem.................................          25           20.8
Sub-bottom profiler (2-16 kHz)..............          24            8
AN/SQQ-32...................................          30            0
REMUS-SAS-LF................................          20           17.8
SAS-LF......................................          35           34
AN/WLD-1RMS-ACL.............................          33.5          0
BPAUV Sidescan..............................          25            9
TVSS........................................          15            0
F84Y........................................          15            0
BPAUV Sidescan..............................          25            0
REMUS-SAS-HF................................          10           10
SAS-HF......................................          11.5          8
AN/AQS-20...................................         545          269.57
AN/WLD-11 RMS Navigation....................          15            4
BPAUV Sidescan..............................          30            0.1
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 Table 2--Total Annual Number of Each Type of MFAS and HFAS Listed at 50
     CFR Sec.   218.180 Conducted in the NSWC PCD Study Area in Non-
          Territorial Waters (Number Authorized vs. Conducted)
------------------------------------------------------------------------
                                                  Number        Number
                 Sonar system                   authorized    conducted
                                                   (hrs)        (hrs)
------------------------------------------------------------------------
AN/SQS-53/56 Kingfisher......................           1              0
Sub-bottom profiler (2-9 kHz)................           1              0
REMUS Modem..................................          12              0
Sub-bottom profiler (2-16 kHz)...............           1              0
AN/SQQ-32....................................           1              0
SAS-LF.......................................          15              0
AN/WLD-1RMS-ACL..............................           5              0
BPAUV Sidescan...............................          38              8
TVSS.........................................          16.5            8
F84Y.........................................          15              0
REMUS-SAS-HF.................................          25              0
SAS-HF.......................................          15              0
AN/AQS-20....................................          15             11
BPAUV Sidescan...............................          25              0
------------------------------------------------------------------------

Planned Activities for 2012 and 2013

    In 2012 and 2013, the Navy expects to conduct the same type and 
amount of RDT&E activities identified in the final rules and 2011 LOA. 
No modification is proposed by the Navy for its planned 2012-2013 
activities under the 2010 rule.

Estimated Take for 2012-2013

    The estimated takes for the Navy's proposed 2012 RDT&E activities 
are the same as those in authorized in 2011. No change has been made in 
the estimated takes from the 2011 LOA.

Summary of Monitoring, Reporting, and Other Requirements Under the 2009 
LOA

Annual Mission Activities Report

    The Navy submitted their 2011 annual mission activities report 
covering the period from August 2, 2010, through August 1, 2011 within 
the required timeframes and it is posted on NMFS Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS has 
reviewed the report and it contains the information required by the 
2011 LOA. The report lists the amount of hours sonar testing was 
conducted during the reporting period. During this time period, NSWC 
PCD conducted 409.27 hours of sonar testing, 382.27 hours in 
territorial waters (Table 1) and 27 hours in non-territorial waters 
(Table 2). No RDT&E activities associated with underwater detonations 
were conducted during this period.

[[Page 9630]]

Monitoring and Annual Monitoring Reports

    The Navy submitted a marine species monitoring report within the 
required timeframes and it is posted on NMFS Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The 
monitoring report covers the period between August 2, 2010, and August 
1, 2011. NSWC PCD conducted two aerial monitoring events for tests of 
the AN/AQS-20 sonar system during the reporting period. Observers 
searched for and subsequently recorded any present cetacean and sea 
turtle species during pre-test, during-test, and post-test monitoring 
for both sonar events. No stranded or injured marine mammals or sea 
turtles were observed during either aerial monitoring effort.
    Aerial monitoring was conducted July 5-9, 2011, in good to fair 
sighting conditions, with all sightings made in Beaufort sea states 
between 1 and 4. The monitoring included two re-test flights; two 
flights during the test; and one post-test flight. Focal follow 
behavioral data were collected during two of the sightings. Observers 
visually surveyed 2,067 km (1,116 nm) of systematic (on-effort) 
trackline and 2,749 km (1,484 nm) of total trackline during five days 
for approximately 14.3 hours of total survey effort. Twenty-one 
cetacean sightings were recorded: Thirteen groups of bottlenose 
dolphins; one group of Atlantic spotted dolphins; and seven groups of 
unidentified dolphins.
    The second monitoring event took place July 23-26, 2011, in good to 
fair sighting conditions, with sightings made in Beaufort sea states 
between 1 and 4. This monitoring included two pre-test flights; one 
flight during the test; and one post-test flight. Focal follow 
behavioral data were collected during two of the sightings. Observers 
visually surveyed 1,475 km (796 nm) of systematic (on-effort) trackline 
and 1,937 km (1,046 nm) of total trackline during four days for 
approximately 7.8 hours of total survey effort. Seventeen cetacean 
sightings were recorded: Fifteen groups of bottlenose dolphins and two 
groups of Atlantic spotted dolphins.
    No monitoring opportunities were available for explosive events in 
the NSWC PCD Study Area as none of these activities were conducted 
during this reporting period.

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 2011, which representatives from the Marine Mammal Commission 
participated in, wherein we reviewed the Navy monitoring results 
through August 1, 2011, discussed other Navy research and development 
efforts, and discussed other new information that could potentially 
inform decisions regarding Navy mitigation and monitoring. No changes 
were proposed for the 2012 monitoring plan for the NSWC PCD RDT&E 
activities.

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 posted the ICMP on NMFS Web site: 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

2011 Monitoring Meeting

    The regulations that established the framework for authorizing the 
taking of marine mammals incidental to Navy RDT&E activities required 
the Navy, with guidance and support from NMFS, to convene a Monitoring 
Workshop in 2011 (50 CFR 218.184(i)). The Marine Mammal Monitoring 
Workshop, which included scientists, representatives from non-
governmental organizations, and Marine Mammal Commission staff, took 
place in June 2011. Pursuant to the regulations, this workshop 
presented a consolidated overview of monitoring activities conducted in 
2010, as well as the outcomes of selected monitoring-related research. 
In 2010, the Navy convened a Scientific Advisory Group (SAG), comprised 
of experts in the fields of marine mammals and underwater acoustics, to 
review the Navy's current monitoring plans and make recommendations. 
The results of the SAG's review were also presented at the meeting. 
Participants engaged in open discussion of the lessons learned, and 
discussed how to improve the Navy's monitoring plan moving forward. If 
changes to monitoring approaches are identified at the workshop that 
can be implemented during the annual LOA renewal process and subsequent 
5-year regulations, the Navy and NMFS will modify the Navy-wide 
monitoring plan and propose appropriate changes to the monitoring 
measures in specific LOAs for the different Range Complexes and study 
areas. For Range Complexes or study 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.

Authorization

    The Navy complied with the requirements of the 2011 LOA. Based on 
our review of the Navy's annual mission activities report, which shows 
that the amount of sonar testing hours was below the annual authorized 
levels and that no underwater detonation and projectile firing were 
conducted during FY 2011, NMFS has determined that the effects to 
marine mammals that resulted from the 2011 NWSC PCD RDT&E activities 
were likely lower than analyzed. Two monitoring activities were 
conducted during the period between August 2, 2010, and August 1, 2011, 
for sonar testing activities, as required by the 2011 LOA. The 
monitoring results showed that the RDT&E activities at the NSWC PCD had 
no more than a negligible impact on the affected species or stock of 
marine mammals. There is no subsistence use of marine mammals that 
could potentially be impacted by the Navy's activities at NSWC PCD. 
Further, the level of taking authorized in 2012 and 2013 for the Navy's 
NSWC PCD RDT&E activities is consistent with our previous findings made 
for the total taking allowed under the NSWC PCD regulations. Finally, 
the record supports NMFS' conclusion that the total number of marine 
mammals taken by the 2012 and 2013 RDT&E PCD 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 the Navy's RDT&E 
activities conducted in the NSWC PCD Study Area from January 21, 2012,

[[Page 9631]]

through January 20, 2013, followed by a new LOA that is effective from 
January 21, 2012, through January 20, 2014, after the NMFS' multi-year 
LOA regulations (77 FR 4917) become effective on February 1, 2012.

    Dated: February 9, 2012.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2012-3714 Filed 2-16-12; 8:45 am]
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