[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Page 32363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13891]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BE51


Takes of Marine Mammals Incidental to Specified Activities; U.S. 
Navy Joint Logistics Over-the-Shore Training Activities in Virginia and 
North Carolina

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

ACTION: Notice of issuance of a Letter of Authorization.

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

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the U.S. Navy 
(NAVY) to take marine mammals, by harassment, incidental to the Joint 
Logistics Over-the-Shore (JLOTS) training activities conducted in 
nearshore waters at the Joint Expeditionary Base (JEB) Little Creek-
Fort Story in Virginia and at Camp Lejeune in North Carolina, from June 
2, 2015 through June 1, 2020.

DATES: Effective from June 2, 2015, through June 1, 2020.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to Jolie Harrison, Supervisor, Incidental Take Program, Permits 
and Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910, calling the contact listed 
under FOR FURTHER INFORMATION CONTACT, or visiting the Internet at: 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in 
this notice may also be viewed, by appointment, during regular business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce (Secretary) to allow, upon request, the 
incidental, but not intentional taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region 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 any marine mammal.
    Authorization for incidental takings may be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for certain subsistence uses, 
and that the permissible methods of taking and requirements pertaining 
to the mitigation, monitoring and reporting of such taking are set 
forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 as: 
``an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''
    The National Defense Authorization Act of 2004 (NDAA) (Public Law 
108-136) removed the ``small numbers'' and ``specified geographical 
region'' limitations and amended the definition of ``harassment'' as it 
applies to a ``military readiness activity'' to read as follows 
(Section 3(18)(B) of the MMPA): ``(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].'' Because the Navy's 
activities constitute military readiness activities, they are not 
subject to the small numbers or specified geographic region 
limitations.
    Regulations governing the take of five species of marine mammals, 
by Level B harassment, incidental to the JLOTS training activities were 
effective on June 2, 2015. These regulations are effective from June 2, 
2015, through June 1, 2020. The species which are authorized for taking 
by Level B harassment are: Bottlenose and Atlantic spotted dolphins. 
For detailed information on this action, please refer to the final rule 
published on June 2, 2015. These regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during the specified activities.
    This LOA is effective from June 2, 2015, through June 1, 2020, and 
authorizes the incidental take of the five marine mammal species listed 
above that may result from launches, aircraft and helicopter 
operations, and harbor activities related to vehicles from VAFB, 
California.

    Dated: June 2, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-13891 Filed 6-5-15; 8:45 am]
 BILLING CODE 3510-22-P