[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72782-72783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25532]
[[Page 72782]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE859
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. 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; receipt of application for letter of authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for
authorization to take, by harassment, marine mammals incidental to
conducting operations of Surveillance Towed Array Sensor System
(SURTASS) Low Frequency Active (LFA) sonar for the period beginning
August 2017 and ending August 2022. Pursuant to the implementing
regulations of the Marine Mammal Protection Act (MMPA), NMFS is
announcing our receipt of the Navy's request for regulations governing
the incidental taking of marine mammals and inviting information,
suggestions, and comments on the Navy's application and request.
DATES: Comments and information must be received no later than November
21, 2016.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits, Conservation and Education Division, Office
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225. The mailbox address for
providing email comments is [email protected]. NMFS is not
responsible for email comments sent to addresses other than the one
provided here. Comments sent via email, including all attachments, must
not exceed a 10-megabyte file size.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Dale Youngkin, Office of Protected
Resources, NMFS; phone: (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
An electronic copy of the Navy's application may be obtained online
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
The Navy released a draft Supplemental Environmental Impact Statement
(DSEIS) for the employment of SURTASS LFA sonar on August 26, 2016. A
copy of the DSEIS, which would also support NMFS' proposed rulemaking
under the MMPA, is available at http://www.surtass-lfa-eis.com.
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary
of Commerce (Secretary) to allow, upon request, the incidental, but not
intentional taking of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) if certain findings
are made and regulations are issued or, if the taking is limited to
harassment, notice of a proposed authorization is provided to the
public for review.
Authorization for incidental takings shall 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 subsistence uses (where
relevant), and if 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.''
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].
Summary of Request
On August 26, 2016, NMFS received an application from the Navy
requesting authorization to take individuals of 104 species of marine
mammals (75 cetaceans and 29 pinnipeds), by harassment, incidental to
training, testing, and routine military operations (all categorized as
military readiness activities) using SURTASS LFA sonar over the course
of five years between August 15, 2017 and August 15, 2022.
The Navy states that these training, testing, and routine military
activities may expose some of the marine mammals present in the
operational areas to sound from low-frequency active sonar sources.
Because marine mammals may be harassed due to noise disturbance
incidental to the use of SURTASS LFA sonar during training, testing,
and routine military operations, the Navy utilized the most recent NMFS
acoustic Technical Guidance (NMFS 2016) to analyze potential takes of
marine mammals. The Navy requests authorization to take individuals of
104 species of marine mammals by Level B Harassment. Further, the Navy
states that the probability of taking marine mammals by Level A
Harassment is less than 0.001 percent. However, because the probability
is not zero, the Navy has included a small number of Level A harassment
in its authorization request as a precautionary measure.
This will be NMFS' fourth rule making for SURTASS LFA sonar
operations under the MMPA. NMFS published the first rule effective from
August 2002 through August 2007 on July 16, 2002 (67 FR 46712); the
second rule effective from August 2007 through August 2012 on August
21, 2007 (72 FR 46846); and the third rule effective from August 2012
through August 2012 (77 FR 50290). For this fourth rule making, the
Navy is proposing to conduct the same types of sonar activities in the
proposed rulemaking as they have conducted over the past fourteen years
in the previous three rule makings with the exceptions of updating the
LFA sonar duty cycle from 20 percent to 7.5-10 percent based on
historical data. In addition, the Navy is proposing a Preferred
Alternative (Alternative 2) in their DSEIS that would transmit a
maximum number of 255 hours of LFA sonar per vessel per year, as
opposed to the previously authorized 432 hours of LFA sonar per vessel
per year.
Description of the Specified Activity
The Navy proposes to deploy the system on a maximum of four U.S.
Naval ships: The USNS ABLE, the USNS EFFECTIVE, the USNS
[[Page 72783]]
IMPECCABLE and the USNS VICTORIOUS) in certain areas of the Pacific,
Atlantic, and Indian Oceans and the Mediterranean Sea. Nominal at-sea
missions for each vessel using SURTASS LFA sonar would last up to 294
days, with 240 days of active sonar transmissions and 54 days of
transit. The maximum number of actual transmission hours per vessel
would not exceed 255 hours annually under the Preferred Alternative.
The application describes the activity types, the equipment and
platforms involved, and the duration and potential locations of the
specified activities.
A suite of proposed mitigation measures for marine mammals that
could potentially be affected during SURTASS LFA sonar operations
includes restricting the use of SURTASS LFA sonar such that it will not
operate in Arctic and Antarctic waters; sound pressure levels (SPL)
will not exceed 180 decibels (dB) re 1 [mu]Pa (rms) within 12 nautical
miles of any emerged features of any coastline, or within designated
offshore biologically important areas (OBIAs) for marine mammals; and
the Navy will minimize exposure of marine mammals to SURTASS LFA sonar
signal received levels of 180 dB re 1 [mu]Pa (rms) by monitoring for
their presence and suspending transmission when animals enter the
mitigation zone.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
Navy's request and NMFS' potential development and implementation of
regulations governing the incidental taking of marine mammals by the
Navy's SURTASS LFA sonar activities.
Dated: October 4, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-25532 Filed 10-20-16; 8:45 am]
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