[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Notices]
[Pages 57368-57370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22678]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC874


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 regulations issued under the Marine Mammal 
Protection Act, as amended, we hereby give notification that we, the 
National Marine Fisheries Service (NMFS), have issued four 1-year 
Letters of Authorization (Authorizations) to the U.S. Navy (Navy) to 
take marine mammals by harassment incidental to their military 
readiness activities associated with the routine training, testing, and 
military operations of Surveillance Towed Array Sensor System Low 
Frequency Active (SURTASS LFA) sonar within the northwest Pacific Ocean 
and the north-central Pacific Ocean.

DATES: These Authorizations are effective from August 15, 2013, through 
August 14, 2014.

ADDRESSES: Electronic copies of the Navy's May 28, 2012, LOA 
application letter and the LOAs 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 20910-3225, 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:

Background

    Section 101(a)(5)(A) of the Marine Mammal Protection Act (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 if certain findings are made 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. We, the NMFS, have been delegated the authority to issue such 
regulations and Authorizations.
    With respect to military readiness activities, the MMPA defines 
harassment as ``(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 may be granted for periods of five years or less if 
we find that the total taking will have a negligible impact on the 
affected species or stock(s) and will not have an unmitigable adverse 
impact on the availability of the species or stock(s) for taking for 
certain subsistence uses. In addition, we must prescribe regulations 
that include permissible methods of taking and other means effecting 
the least practicable adverse impact on the species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of the species 
or stocks for taking for subsistence uses. 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 Navy's routine training, testing, and military operations of 
SURTASS LFA sonar are in effect through August 15, 2017 (77 FR 50290, 
August 20, 2012) and are codified at 50 CFR part 218 subpart X. 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 20, 2012, Federal Register Notice and 50 CFR part 218 subpart X. 
Under those regulations, we must publish a notice of issuance of an 
Authorization or Authorization renewal in the Federal Register within 
30 days of a determination.

Summary of Request

    On May 28, 2013, we received an application from the Navy 
requesting a renewal of four Authorizations, originally issued on 
August 15, 2012 (77 FR 51969, August 28, 2012), for the taking of 
marine mammals incidental to routine training, testing, and military 
operations of SURTASS LFA sonar in the northwest Pacific Ocean and the 
north-central Pacific Ocean under the regulations issued on August 15, 
2012 (77 FR 50290, August 20, 2012): one for the United States Naval 
Ship (USNS) VICTORIOUS (T-AGOS 19), one for the USNS ABLE (T-AGOS 20), 
one for the USNS EFFECTIVE (T-AGOS 21), and one for the USNS IMPECCABLE 
(T-AGOS 23) The application requested that these four Authorizations 
become effective on August 15, 2013, for a period not to exceed one 
year.

Summary of Activity Under the 2012 Authorizations

    The Navy submitted quarterly mission reports for the periods of 
August, 2012 through May, 2013 within the required timeframes. These 
quarterly reports include the dates and times of the military readiness 
activities; location of each SURTASS LFA sonar vessel; mission 
operational area; marine mammal observations; and records of any delays 
or suspensions of sonar operations. The Navy must also report on the 
number of marine mammals

[[Page 57369]]

detected by visual, passive and active acoustic monitoring and the 
estimated percentage of each marine mammal stock taken by Level A and 
Level B harassment. The reports indicate the following:
     The Navy conducted a total of 12 missions from August 15, 
2012 through May 16, 2013 in the western North Pacific Ocean which 
totaled 25.4 days and resulted in 47.3 hours of LFA sonar 
transmissions.
     The cumulative total days of SURTASS LFA operations were 
97 percent below the annual levels contemplated in the Final Rule 
(i.e., 240 days per vessel);
     The cumulative total hours of LFA sonar transmissions were 
97 percent below the levels contemplated in the Final Rule (i.e., 432 
hours per vessel);
     The total percentage of each marine mammal stock taken by 
Level B harassment has not exceeded the 12 percent cap. For each stock, 
the percentage of take was well below the levels authorized in the 2012 
LOAs.
     The total percentage of each marine mammal stock taken by 
Level A harassment has not exceeded the levels authorized in the 2012 
LOAs. In fact, the Navy reported no incidences of Level A harassment 
takes.
    The operational tempo, number of active transmission hours, marine 
mammal detections and behavioral observations, and level of anticipated 
take of marine mammals fall within the scope and nature of those 
contemplated by the Final Rule and authorized in the 2012 
Authorizations.

Monitoring Reports

    The Navy has submitted the monitoring reports on time as required 
under 50 CFR 218.236 and the 2012 Authorizations. We have reviewed 
these reports and determined them to be acceptable. Based on these 
reports, the Navy has not exceeded the average annual estimated usage 
of the four SURTASS LFA sonar systems and remains well within the take 
authorized. In accordance with the current SURTASS LFA sonar 
regulations (50 CFR 218.230), the Navy must submit an annual report to 
us no later than 45 days after the 2012 Authorizations have expired. 
Upon receipt, we will post the annual report at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

Level of Taking for 2013 Authorizations Period

    For the 2013 to 2014 Authorization period, the Navy expects to 
conduct the same type and amount of routine training, testing, and 
military operations of SURTASS LFA sonar in the northwest Pacific Ocean 
and the north-central Pacific Ocean that they requested under the 2012 
Authorizations. Similarly, the Navy expects to remain within the annual 
take estimates analyzed in the Final Rule. We determined that the level 
of taking by incidental harassment from the activities described in the 
Authorizations and supporting application is consistent with the 
findings made for the total taking allowable under the 2012 Final Rule.

Compliance With Mitigation, Monitoring, and Reporting Measures

    Based on our review of the Navy's quarterly mission reports, the 
Navy complied with the required visual, passive, and acoustic 
monitoring measures in the Final Rule and 2012 Authorizations. The Navy 
also followed the required shutdown and other protocols for mitigating 
impacts to marine mammals while conducting operations.
    The Navy is also complying with required measures under 50 CFR 
218.236(d) to gain and share information on the species. The Navy 
reports that they are continuing to work on information transfer, 
declassification and archiving of ambient noise data from the Navy's 
Integrated Undersea Surveillance System (IUSS) to the public.
    The Final Rule and 2012 Authorizations required the Navy to convene 
a Scientific Advisory Group (SAG) to analyze different types of 
monitoring and research that could increase the understanding of the 
potential effects of LFA sonar on beaked whales and harbor porpoises 
(50 CFR 218.236(e)). In August 2013, the SAG produced a preliminary 
final report and presented preliminary recommendations to us and the 
Navy regarding the feasibility, efficacy, and significance of any 
proposed research projects that would increase the understanding of the 
potential effects of LFA sonar on beaked whales and harbor porpoises. 
The Navy will consider the Final Report's assessments and develop, with 
input from us, an appropriate plan of action for potential new 
monitoring or research efforts, which they will present to the SAG's 
Executive Oversight Group (which includes representatives from NMFS) 
for discussion and review.
    Based on the foregoing information and the Navy's application, we 
determined that the mitigation, monitoring, and reporting measures 
required under 50 CFR 218.234, .235, and .236 and NMFS' 2012 
Authorizations were undertaken and will be undertaken during the period 
of validity of the renewed 2013 Authorizations.

Adaptive Management

    The Final Rule and 2012 Authorizations include an adaptive 
management framework that allows us to consider new information and to 
determine (with input from the Navy regarding practicability) if 
modifications to mitigation and/or monitoring measures are appropriate 
and practicable. This framework includes a requirement for an annual 
meeting between us and the Navy, if either agency deems it necessary.
    On June 10, 2013, we and the Navy convened an Adaptive Management 
meeting to review and discuss several topics, including: the Navy's 
mitigation monitoring results; the Navy's efforts in declassifying and 
transferring marine mammal monitoring data; consideration of possible 
additional Offshore Biologically Important Areas (OBIAs) under the 
criteria specified in the Final Rule; and consideration of new 
information that could potentially inform decisions regarding modifying 
existing mitigation and/or monitoring measures. Representatives from 
the U.S. Marine Mammal Commission were also in attendance and 
participated in the meeting.

Consideration of Areas as Potential OBIAs

    We currently intend to evaluate new information relating to several 
areas for potential consideration as OBIAs for mysticetes and/or sperm 
whales before the Navy submits their 2014 renewal request for 
Authorizations under the Final Rule. Note that all of these areas fall 
outside the areas in which the Navy may operate under the 2013 
Authorizations. Our evaluation will include the following areas:
     Atlantic Ocean: Southeast Shoal-Grand Banks, Canada; Grand 
Manan Basin Right Whale Conservation Area, Canada; Jordan Basin-Gulf of 
Maine, U.S.; Challenger Bank, Bermuda; and nearshore waters offshore 
New Jersey, U.S.
     Gulf of Mexico: areas in the eastern Gulf of Mexico, U.S.; 
Mississippi and DeSoto Canyons, U.S.
     Indian Ocean: Masira Bay, Oman and the Geyser-Zelee 
Complex, Madagascar.
     North Sea: Dogger Bank, Germany.
     Mediterranean Sea: central Tyrrhenian Sea and areas in the 
northern Mediterranean Sea.
     Pacific Ocean: South Taranaki Bight, New Zealand; the 
Coral Sea

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Commonwealth Marine Reserve, Australia; and the proposed expanded areas 
of the Gulf of the Farallones and Cordell Bank National Marine 
Sanctuaries, U.S.
    Additionally, as a result of issues raised in the course of 
litigation challenging our 2012 Final Rule, we re-evaluated 15 
previously analyzed areas that we had determined did not qualify for 
OBIA designation. None of these areas is located within the Navy's 
mission areas for the 2013 Authorizations. As a result of the re-
evaluation and consideration of the best scientific evidence currently 
available, we reaffirmed our determination that 14 of the 15 areas are 
not eligible as an OBIA because they do not meet either the geographic 
or biological criteria for designation specified in the Final Rule. The 
remaining area, the Grand Manan Basin Right Whale Conservation Area in 
the northwest Atlantic Ocean, merits additional consideration based on 
subsequently-acquired information and appears in the above list. 
However, the Navy will not operate SURTASS LFA sonar in the northwest 
Atlantic Ocean within the timeframes of the 2013-2014 Authorizations. 
We will evaluate this area further as a potential OBIA with input from 
the Navy regarding practicability, as necessary through the adaptive 
management process, for the Navy's 2014 Authorization requests.
    None of the information considered or discussed before, during, or 
since the 2013 Adaptive Management Meeting, including consideration of 
issues raised in the ongoing litigation, led us to recommend any 
modifications to the existing mitigation or monitoring measures at this 
time, although we are still considering whether some other areas 
located outside of the Navy's current operational area in the Pacific 
Ocean qualify as OBIAs under the criteria specified in the Final Rule. 
Throughout the effective period of the Final Rule, we will consider and 
discuss with the Navy any relevant new information as it arises related 
to areas that may qualify as potential OBIAs or any other mitigation 
for SURTASS LFA sonar.

Authorization

    We have issued four Letters of Authorization to the Navy, 
authorizing the incidental harassment of marine mammals, incidental to 
operating the four SURTASS LFA sonar systems for routine training, 
testing and use during military operations. Issuance of these four 
Authorizations is based on findings, described in the preamble to the 
final rule (77 FR 50290, August 20, 2012) and supported by information 
contained in the Navy's required reports on SURTASS LFA sonar and their 
application, that the activities described under these four 
Authorizations will have no more than a negligible impact on marine 
mammal species or stocks and will not have an unmitigable adverse 
impact on their availability for taking for subsistence uses.
    These Authorizations remain valid through August 15, 2014, 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 218.230 through 218.241 (77 FR 50290, 
August 20, 2012) and in the LOAs are undertaken.

    Dated: September 13, 2013.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2013-22678 Filed 9-17-13; 8:45 am]
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