[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10094-10095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03274]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC703;


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the U.S. Navy Training Activities in the Gulf of Alaska 
Study Area

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

ACTION: Notice of issuance of Letter of Authorization.

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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) for the take of marine mammals incidental to military

[[Page 10095]]

readiness activities conducted in the Gulf of Alaska (GOA) Study Area.

DATES: Effective from February 3, 2023 to February 2, 2030.

ADDRESSES: The LOA and supporting documentation are available online 
at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. In case 
of problems accessing these documents, please call the contact listed 
below (see FOR FURTHER INFORMATION CONTACT).

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

SUPPLEMENTARY INFORMATION:

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA direct the 
Secretary of Commerce (as delegated to NMFS) 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 either regulations are proposed or, if the taking 
is limited to harassment, the public is provided with notice of the 
proposed incidental take authorization and provided the opportunity to 
review and submit comments.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stocks and will not have an unmitigable adverse impact on the 
availability of the species or stocks for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other means of effecting the least practicable adverse 
impact on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to in this rule as 
``mitigation measures''); and requirements pertaining to the monitoring 
and reporting of such takings. The MMPA defines ``take'' to mean to 
harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or 
kill any marine mammal.
    The National Defense Authorization Act (NDAA) for Fiscal Year 2004 
(2004 NDAA) (Pub. L. 108-136) amended section 101(a)(5) of the MMPA to 
remove the ``small numbers'' and ``specified geographical region'' 
provisions indicated above and amended the definition of ``harassment'' 
as applied to a ``military readiness activity.'' The definition of 
harassment for military readiness activities (Section 3(18)(B) of the 
MMPA) is (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). In addition, the 2004 NDAA amended the 
MMPA as it relates to military readiness activities such that the least 
practicable adverse impact analysis shall include consideration of 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.
    More recently, Section 316 of the NDAA for Fiscal Year 2019 (2019 
NDAA) (Pub. L. 115-232), signed on August 13, 2018, amended the MMPA to 
allow incidental take rules for military readiness activities under 
section 101(a)(5)(A) to be issued for up to 7 years. Prior to this 
amendment, all incidental take rules under section 101(a)(5)(A) were 
limited to 5 years.

Summary of Request

    On January 4, 2023, we issued a final rule responding to a request 
from the Navy for authorization to take marine mammals incidental to 
military readiness activities conducted in the GOA Study Area (88 FR 
604, January 4, 2023). The following types of training, which are 
classified as military readiness activities pursuant to the MMPA, as 
amended by the 2004 NDAA, are covered under the final rule: surface 
warfare (detonations at or above the water surface) and anti-submarine 
warfare (sonar and other transducers). The Navy is also conducting Air 
Warfare, Electronic Warfare, Naval Special Warfare, Strike Warfare, and 
Support Operations, but these activities do not involve sonar and other 
transducers, detonations at or above the water surface, or any other 
stressors that could result in the take of marine mammals.

Authorization

    In accordance with the final rule, we have issued a LOA to Navy 
authorizing the take of marine mammals incidental to training 
activities in the GOA Study Area, as described above. Take of marine 
mammals will be minimized through the implementation of the following 
planned mitigation measures: (1) use of defined powerdown and shutdown 
zones (based on activity), which are designed to minimize the number 
and severity of takes; (2) measures to reduce the likelihood of ship 
strikes, including the use of trained Lookouts to observe for marine 
mammals in designated zones on underway vessels and issuance of pre-
event awareness messages to alert vessels and aircraft participating in 
training activities within the TMAA to the possible presence of 
concentrations of large whales on the continental shelf and slope; and 
(3) operational limitations in certain areas and times that are 
biologically important (i.e., for foraging) for marine mammals. 
Additionally, the rule includes an adaptive management component that 
allows for timely modification of mitigation or monitoring measures 
based on new information, when appropriate. The Navy will submit 
reports as required.
    Based on the findings and information discussed in the preamble to 
the final rule, the activities described under this LOA will have a 
negligible impact on marine mammal stocks and will not have an 
unmitigable adverse impact on the availability of the affected marine 
mammal stock for subsistence uses.

    Dated: February 13, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-03274 Filed 2-15-23; 8:45 am]
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