[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24679-24681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11037]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF435


Takes of Marine Mammals Incidental to Specified Activities; U.S. 
Navy Training Activities in the Gulf of Alaska Temporary Maritime 
Activities Area

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

ACTION: Notice of 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, notice is hereby given that a 
Letter of Authorization (LOA) has been issued to the U.S. Navy (Navy) 
to take marine mammals incidental to Navy training activities conducted 
in the Gulf of Alaska (GOA) Temporary Maritime Activities Area (Study 
Area). These activities are considered military readiness activities 
pursuant to the MMPA, as amended by the National Defense Authorization 
Act of 2004 (NDAA).

DATES: Effective from April 26, 2017 to April 26, 2022.

ADDRESSES: The LOA and supporting documents may be obtained online at: 
www.nmfs.noaa.gov/pr/permits/incidental/military.htm. In case of 
problems accessing these documents, please call the contact listed 
below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Jolie Harrison or Stephanie Egger, 
Office of Protected Resources, NMFS, 301-427-8401.

[[Page 24680]]


SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA directs the Secretary of Commerce 
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 marine 
mammals. We, NMFS, have been delegated the authority to issue such 
regulations and Authorizations.
    The NDAA (Pub. L. 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations indicated above 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).
    An 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 takings 
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.''
    Regulations governing the taking of individuals of 19 species of 
marine mammals, representing 27 stocks, by Level B harassment and one 
species of marine mammal (Dall's porpoise) by Level A harassment 
incidental to Navy training activities in the GOA Study Area are in 
effect from April 26, 2017 through April 26, 2022 (82 FR 19530, April 
27, 2017) and are codified at 50 CFR part 218, subpart P. The 
regulations include mitigation, monitoring, and reporting requirements. 
Pursuant to those regulations, NMFS issued a five-year LOA for the 
incidental take of marine mammals during training activities in the GOA 
Study Area on April 26, 2017. For detailed information on this action, 
please refer to the April 27, 2017 Federal Register notice and 50 CFR 
part 218, subpart P.

Summary of Request

    On July 28, 2014, NMFS received an application from the Navy 
requesting regulations and a subsequent LOA for the take of 19 species 
of marine mammals, representing 27 stocks, incidental to Navy training 
activities to be conducted in the GOA Study Area over 5 years. On 
October 14, 2014, the Navy submitted a revised application to reflect 
minor changes in the number and types of training activities. To 
address minor inconsistencies with the draft Supplemental Environmental 
Impact Statement/Overseas Environmental Impact Statement (DSEIS/OEIS), 
the Navy submitted a final revision to the application on January 21, 
2015. In November 2016, the Navy requested that the final rule and LOA 
be issued for the training activities addressed by Alternative 1 of the 
Final Supplemental Environmental Impact Statement/Overseas 
Environmental Impact Statement (FSEIS/OEIS). The Navy's application was 
based on the training activities addressed by Alternative 2 of the 
DSEIS/OEIS; therefore, our proposed rule (81 FR 9950; February 26, 
2016) analyzed the level of activities as described by Alternative 2. 
Pursuant to the Navy's November 2016 request, the final rule (82 FR 
19530; April 27, 2017) reflects the training activities addressed by 
Alternative 1 of the FSEIS/OEIS, which include a subset of the 
activities analyzed in the proposed rule. The change from Alternative 2 
to Alternative 1 results in a significant reduction in proposed 
training activities (i.e., lessening the number of the Carrier Strike 
Group Events from 2 to 1 per year, and the number of SINKEXs from 2 to 
0 per year, which means that several types of explosives will no longer 
be used and there will be no live MISSILEX). This significantly 
decreases the number of anticipated and authorized takes for this 
activity compared to what was presented in the proposed rule.
    The Study Area is a polygon roughly the shape of a 300 nm by 150 nm 
rectangle oriented northwest to southeast in the long direction, 
located south of Prince William Sound and east of Kodiak Island, 
Alaska. The activities conducted within the Study Area are classified 
as military readiness activities. The final rule (82 FR 19530, April 
27, 2017) and GOA FSEIS/OEIS include a complete description of the 
Navy's specified training activities incidental to which NMFS is 
authorizing take of marine mammals. Sonar use and underwater 
detonations are the stressors most likely to result in impacts on 
marine mammals that could rise to the level of harassment.

Authorization

    We have issued an LOA to the Navy authorizing the take of marine 
mammals by harassment incidental to training activities in the GOA 
Study Area, as described above. The level and type of take authorized 
by the LOA is the same as the level and type of take analyzed in the 
final rule (82 FR 19530, April 27, 2017). There are no mortality takes 
of any species predicted or authorized for any training activities in 
the GOA Study Area. Take of marine mammals will be minimized through 
implementation of mitigation measures, including: pre-exercise visual 
or aerial monitoring during certain training activities; the use of 
lookouts to monitor for marine mammals and begin powerdown and shutdown 
of sonar when marine mammals are detected within ranges where the 
received sound level is likely to result in threshold shift or injury; 
use of exclusion zones that avoid exposing marine mammals to levels of 
explosives likely to result in injury or death of marine mammals; 
avoidance of marine mammals by vessels; limitation of activities in a 
North Pacific Right Whale ``Cautionary Area''; and implementation of a 
stranding response plan, among others. The Navy is also required to 
comply with monitoring and reporting measures under 50 CFR 218.155. 
Additionally, the rule and LOA include an adaptive management component 
that allows for timely modification of mitigation or monitoring 
measures based on new information, when appropriate. For full details 
on the mitigation, monitoring, and reporting requirements, please refer 
to the final rule (82 FR 19530; April 27, 2017).
    Issuance of the LOA is based on findings, described in the preamble 
to the final rule, that the total taking of marine mammals incidental 
to the Navy's training activities in the GOA Study Area will have a 
negligible impact on the affected marine mammal species or stocks and 
will not have an unmitigable adverse impact on the availability of such 
species or stocks for taking for subsistence purposes.
    The LOA will remain valid through April 26, 2022, provided that the 
Navy

[[Page 24681]]

remains in conformance with the conditions of the regulations and the 
LOA, including the mitigation, monitoring, and reporting requirements 
described in 50 CFR part 218, subpart P and the LOA.

    Dated: May 23, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-11037 Filed 5-26-17; 8:45 am]
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