[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48296-48298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19769]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE071


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, 2015, through 
August 14, 2016.

ADDRESSES: Electronic copies of the Navy's March 31, 2015, application 
letter and the Authorizations are available by writing to Jolie 
Harrison, 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/military.htm#surtass. The

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public may view the documents cited in this notice, 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, 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 5 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 March 31, 2015, 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). On June 30, 2015, the Navy submitted an addendum to the 
SURTASS LFA application for 2015-2016 to reflect consideration of the 
presence of individuals of the western distinct population segment of 
spotted seal (Phoca largha) within one mission area in the Sea of 
Japan. NMFS considered the Navy's application as adequate and complete 
on July 6, 2015.
    NMFS has renewed the first cohort of 2012 Authorizations on an 
annual basis in 2013 (78 FR 57368, September 18, 2013) and again in 
2014 (79 FR 49501, August 21, 2014). The Navy's 2015 application for 
renewal requests that these four Authorizations become effective on 
August 15, 2015, for a period not to exceed one year.

Summary of Activity Under the 2014 Authorizations

    The Navy submitted quarterly mission reports for the periods of 
August 2014 through May 2015 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 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 seven missions from August 
15, 2014, through May 14, 2015, in the western North Pacific Ocean, 
which totaled 14.4 days and resulted in 35.8 hours of LFA sonar 
transmissions.
     The cumulative total days of SURTASS LFA sonar operations 
for the VICTORIOUS (T-AGOS 19), ABLE (T-AGOS 20), EFFECTIVE (T-AGOS 
21), and IMPECCABLE (T-AGOS 23), were 99.8, 99.3, 94.9, and 100 percent 
below the annual levels contemplated in the Final Rule for each vessel 
respectively (i.e., 240 days per vessel);
     The cumulative total hours of SURTASS LFA sonar 
transmissions for the VICTORIOUS, ABLE, EFFECTIVE, and IMPECCABLE were 
99.7, 99.4, 92.6, and 100 percent below the levels contemplated in the 
Final Rule for each vessel respectively (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 2014 
Authorizations.
     The total percentage of each marine mammal stock taken by 
Level A harassment has not exceeded the levels authorized in the 2014 
Authorizations. In fact, the Navy reported no incidences of Level A 
harassment takes.
    The operational tempo, number of active transmission hours, marine 
mammal detections, 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 2014 
Authorizations.

Monitoring Reports

    The Navy has submitted the monitoring reports on time as required 
under 50 CFR 218.236 and the 2014 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 2014 Authorizations have expired. 
Upon receipt, we will post the annual report at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass.

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Level of Taking for 2015 Authorizations Period

    For the 2015 to 2016 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, 
2013, and 2014 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 2014 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 to the public.
    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' 2014-2015 
Authorizations were undertaken and will be undertaken during the period 
of validity of the renewed 2015-2016 Authorizations.

Adaptive Management

    The Final Rule and 2014 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 NMFS and the Navy, if either agency deems it necessary.
    Section 218.241 of the Final Rule describes three scenarios that 
could contribute to the decision to modify the mitigation or monitoring 
measures, including: (a) Results from the Navy's monitoring from the 
previous year's operation of SURTASS LFA sonar; (b) compiled results of 
Navy-funded research and development studies; (c) results from specific 
stranding investigations; (d) results from general marine mammal and 
sound research funded by the Navy or other sponsors; and (e) any 
information that reveals marine mammals may have been taken in a 
manner, extent or number not anticipated by these regulations or 
subsequent Authorizations. None of the information reviewed by NMFS or 
the Navy resulted in any modifications to the existing mitigation or 
monitoring measures at this time.

Consideration of Areas as Potential OBIAs

    On December 4, 2014, April 16, 2015, and June 18, 2015, we and the 
Navy convened Adaptive Management meetings 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 December 2014 
and April 2015 meetings.
    NMFS and the Navy continue to evaluate information relating to 
areas for potential consideration as OBIAs. All of these areas fall 
outside the areas in which the Navy may operate under the 2015 
Authorizations. None of these areas is located within the Navy's 
mission areas for the 2015 Authorizations and the Navy will not operate 
SURTASS LFA sonar in these areas within the timeframes of the 2015-2016 
Authorizations. Throughout the effective period of the Final Rule, we 
will continue 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 Authorizations 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 
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 14, 2016, 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 Authorizations are undertaken.

    Dated: August 6, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-19769 Filed 8-11-15; 8:45 am]
 BILLING CODE 3510-22-P