[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33266-33270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14148]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA372
Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to Navy Training Exercises in Three East Coast Range
Complexes
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of three Letters 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 NMFS has issued three one-year Letters of Authorization
[[Page 33267]]
(LOAs) to take marine mammals by harassment incidental to the U.S.
Navy's training activities within the Navy's Virginia Capes (VACAPES),
Jacksonville (JAX), and Cherry Point (CHPT) Range Complexes to the
Commander, U.S. Fleet Forces Command, 1562 Mitscher Avenue, Suite 250,
Norfolk, VA 23551-2487 and persons operating under his authority.
DATES: Effective from June 5, 2011, through June 4, 2012.
ADDRESSES: Copies of the Navy's January 2011 LOA applications, the
LOAs, the Navy's 2010 marine mammal monitoring report and the Navy's
2010 exercise report are available by writing to P. Michael Payne,
Chief, Permits, Conservation, and Education Division, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, by telephoning the contact listed
here (see FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents
cited in this notice may be viewed, by appointment, during regular
business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS (301) 713-2289 x 137.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the 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 who engage in
a military readiness activity if certain findings are made and
regulations are issued.
Authorization may be granted for periods of 5 years or less if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for certain subsistence uses.
In addition, NMFS must prescribe regulations that include permissible
methods of taking and other means effecting the least practicable
adverse impact on the species and its habitat, and on the availability
of the species for subsistence uses, paying particular attention to
rookeries, mating grounds, and areas of similar significance. 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 U.S. Navy's training activities at the Navy's VACAPES, JAX, and
Cherry Point range complexes were published on June 15, 2009 (VACAPES:
74 FR 28328; JAX: 74 FR 28349; CHPT: 74 FR 28370) and remain in effect
through June 4, 2014. They are codified at 50 CFR part 218 subpart A
(for VACAPES Range Complex), subpart B (for JAX Range Complex), and
subpart C (for Cherry Point Range Complex). These regulations include
mitigation, monitoring, and reporting requirements for the incidental
taking of marine mammals by the Navy's range complex training
exercises. For detailed information on these actions, please refer to
the June 15, 2009 Federal Register Notices and 50 CFR part 218 subparts
A, B, and C. An interim final rule for the modification of certain Navy
training activities at VACAPES and JAX was published on May 26, 2011
(76 FR 30552).
Summary of LOA Request
NMFS received an application from the U.S. Navy for three LOAs
covering the Navy's training activities at the VACAPES, JAX, and CHPT
range complexes off the US East Coast under the regulations issued on
June 15, 2009 (VACAPES: 74 FR 28328; JAX: 74 FR 28349; Cherry Point: 74
FR 28370). The Navy requested several minor modifications to their
training activities within the VACAPES and JAX Range Complexes starting
in 2011 (see detailed description in ``Planned Activities for 2011''
section), and requested that these LOAs become effective on June 5,
2011. In order to allow for the Navy's proposed modification in its
training activities at VACAPES and JAX range complexes, NMFS issued an
interim final rule (76 FR 30552; May 26, 2011) to allow flexibilities
in the Navy's evolving training programs as long as the impacts to the
environment do not exceed the impacts analyzed in the original
regulations for these range complexes. The application requested
authorization, for a period not to exceed one year, to take, by
harassment, marine mammals incidental to proposed training activities
that involve underwater explosives.
Summary of Activity Under the 2010 VACAPES, JAX, and CHPT LOAs
As described in the Navy's exercise reports for VACAPES, JAX, and
CHPT Range Complexes, in 2010, the training activities conducted by the
Navy were within the scope and amounts contemplated by the final rule
and identified by the 2010 LOAs. In fact, the number of training
exercises was below the Navy's proposed 2010 operations, except for
mine exercises (MINEX) at VACAPES Range Complex, which exceeded the
annual planned amount of 24 events by an extra 31 events. However, this
level is still under the total of 120 events authorized under the 5-
year rule, and the take of marine mammals was still below that
authorized in the LOAs. A detailed description of the Navy's 2010
training activities can be found in the exercise reports posted on NMFS
Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Planned Activities for 2011
In 2011, the Navy plans to make some minor modifications to its
training activities at the VACAPES and JAX range complexes, while
maintaining the same type and amount of training activities at the CHPT
Range Complex, as compared to the final rules and the 2010 LOAs. A
detailed description of these proposed modifications is provided below.
Modification for Training at VACAPES Range Complex
Within the VACAPES Range Complex, the Navy estimates an increase in
the number of MINEX training events. In June 2009, NMFS specified 20 lb
NEW charges for VACAPES Range Complex based on the Navy's preliminary
estimate of 24 events at the time of the original Request for Letter of
Authorization. To accommodate emergent MINEX training requirements, the
Navy requested a revised authorization of 9 5-lb NEW charges, 150 10-lb
NEW charges, and 160 20-lb NEW charges per year, as listed in Table 1.
No change is requested for MINEX using the Airborne Mine Neutralization
System (AMNS).
Training using 5-, 10-, and 20-lb NEW charges during MINEX would
occur at the same locations in VACAPES where previous 20-lb NEW charges
would typically occur. These locations are the same MINEX training
areas described under NMFS June 15, 2009, final rule (VACAPES: 74 FR
28328).
In addition, the Navy estimates an increase in the number of
bombing exercise (BOMBEX) training events. However, instead of training
with the MK-83 (1,000 lb) bombs, training will use the MK-82 (500 lb)
bombs. In June 2009, NMFS authorized 20 MK-83 bombs per year for
VACAPES Range Complex based on the Navy's preliminary estimate at the
time of the original Request for Letter of Authorization. To
accommodate an increased need for BOMBEX training based on changes to
training requirements, the Navy requests that MK-82 bombs be added to
the list of ordnance for BOMBEX. For 2011-2013,
[[Page 33268]]
the Navy anticipates 40 MK-82 (500 lb) bombs and no MK-83 (1,000 lb)
bombs will be used per year, as listed in Table 1. Although the number
of bombs requested is increasing, the type of bomb (MK-82) is smaller
(500 lb) and has fewer explosives, and therefore the potential
exposures are reduced.
Training using MK-82 bombs during BOMBEX would occur at the same
location in VACAPES Range Complex where MK-83 bomb use would typically
occur. This location is the same BOMBEX training area described under
NMFS June 15, 2009, final rule (VACAPES: 74 FR 28328).
Modification for Training at JAX Range Complex
With in the JAX Range Complex, the Navy estimates a reduction in
the number of MINEX 20-lb NEW charge training events. In June 2009,
NMFS authorized 12 events using 20-lb NEW charges per year for JAX
Range Complex based on the Navy's preliminary estimate at the time of
the original Request for Letter of Authorization. Given new information
on planned Fleet MINEX training that was not previously available, the
Navy requested a revised authorization for 10 MINEX events per year as
listed in Table 1.
Table 1--Comparison of Changes for Annual Training Activities Starting From 2011 at the VACAPES and JAX Range
Complexes
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2009 2010 2011 2012 2013
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VACAPES Range Complex
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MINEX (5-lb NEW charges)........ 0 0 9 9 9
MINEX (10-lb NEW charges)....... 0 0 150 150 150
MINEX (20-lb NEW charges)....... 24 24 160 160 160
BOMBEX (MK-82 bombs)............ 0 0 40 40 40
BOMBEX (MK-83 bombs)............ 20 20 0 0 0
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JAX Range Complex
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MINEX (20-lb NEW charges)....... 12 12 12 10 10
MISSILEX (Maverick missiles).... 3 3 10 10 10
FIREX with IMPASS (BB & CC box). 10 10 5 5 5
FIREX with IMPASS (JAX Deepwater 0 0 5 5 5
Site)..........................
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In addition, the Navy estimates an increase in the number of
Maverick missile exercise (MISSILEX) training events. In June 2009,
NMFS authorized 3 events using Maverick missiles per year for training
at the JAX Range Complex based on the Navy's preliminary estimate at
the time of original Request for Letter of Authorizations submission.
To accommodate an increased need for Maverick MISSILEX training based
on changes to training requirements, the Navy requested a revised
authorization of 10 events using Maverick missiles per year as listed
in Table 1.
Finally, the Navy requires an additional training location for
firing exercise (FIREX) with Integrated Maritime Portable Acoustic
Scoring and Simulation System (IMPASS) training events. In June 2009,
NMFS authorized 10 FIREX with IMPASS events per year for JAX Range
Complex within the BB and CC boxes based on the preliminary estimate
available at the time of the original Request for Letter of
Authorization. Given new information on planned Fleet FIREX with IMPASS
training that was not previously available, the Navy requested a
revised annual authorization for FIREX with IMPASS events to also occur
in the new proposed FIREX with IMPASS training location, the JAX
Deepwater IMPASS Site further offshore. The Navy also requested a
reduction in the number of events occurring at the BB and CC sites. The
total number of events from training at both locations remains the same
(10 events).
No modification is proposed by the Navy for its planned 2011
activities at the CHPT Range Complex.
In addition, due to a recent underwater detonation (UNDET) training
event during which common dolphins were killed, the Navy is suspending
all underwater explosive detonations using time-delay devices during
training. While this suspension is in place, the Navy will continue to
conduct UNDETs under positive control, when detonation can be suspended
if a marine mammal enters a pre-established safety zone. For these
events, the Navy shall continue to follow all UNDET training mitigation
measures as outlined in the final rule and the LOA.
Estimated Take for 2011
The estimated takes for the Navy's proposed 2011 training exercises
are the same as those authorized in 2010. No change has been made in
the estimated takes from the 2009 LOAs.
Although the Navy has made several changes to its training
activities within the VACAPES and JAX range complexes, the calculation
of exposures for these changes were completed by the Navy using the
same model, criteria, and location originally used to calculate
exposures from these activities when the Navy applied for the LOAs. The
methodology is described on pages 6--21 of the original VACAPES LOA
application (DoN 2008a) and pages 6--17 of the original JAX LOA
application (DoN 2008b), respectively.
For the MINEX activities within the VACAPES Range Complex, the
change from 24 20-lb NEW charges to 9 5-lb NEW charges, 150 10-lb NEW
charges, and 160 20-lb NEW charges would result in an additional 7
Level B exposures and 1 Level A exposure.
For the BOMBEX activities within the VACAPES Range Complex, the
change from 20 MK-83 (1,000 lb) bombs to 40 MK-82 (500 lb) bombs would
result in a reduction of 313 Level B exposures and 4 Level A exposures.
A detailed description of these changes by species in Level A and
Level B exposure at the VACAPES Range Complex is shown in Table 2.
While the annual exposures anticipated from the requested changes are
less than the amount of take originally authorized as a result of the
conservative analyses, the amount of annual take requested remains the
same as in the original authorization.
[[Page 33269]]
Table 2--Changes of modeled exposures by species at the VACAPES Range Complex
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Original Revised
Species modeled modeled Change Level
exposure exposure
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MINEX:
Bottlenose Dolphin.......................... 0 2 +2 B
Clymene dolphin............................. 0 2 +2 B
Pantropical spotted dolphin................. 1 4 +3 B
Pantropical spotted dolphin................. 0 1 +1 A
BOMBEX:
Atlantic spotted dolphin.................... 9 7 -2 B
Bottlenose dolphin.......................... 17 15 -2 B
Clymene dolphin............................. 31 26 -5 B
Common dolphin.............................. 2,059 1,766 -293 B
Pantropical spotted dolphin................. 64 55 -9 B
Risso's dolphin............................. 11 9 -2 B
Common dolphin.............................. 17 15 -2 A
Pantropical spotted dolphin................. 1 0 -1 A
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For the MINEX activities within the JAX Range Complex, the change
from 12 20-lb NEW charges to 10 20-lb NEW charges would result in no
change in exposure numbers.
For the MISSILEX activities within the JAX Range Complex, the
change from 3 Maverick missiles to 10 Maverick missiles would result in
an additional 4 Level B exposures.
For the FIREX with IMPASS activities within the JAX Range Complex,
the change from 10 events in BB and CC boxes to 5 events in BB and CC
boxes and 5 events in the new JAX Deepwater IMPASS Site would result in
a reduction of 15 Level B exposures and 1 Level A exposure. This
reduction of exposures is mainly due to the lower marine mammal density
at the JAX Deepwater IMPASS Site.
A detailed description of these changes by species in Level A and
Level B exposure at the JAX Range Complex is shown in Table 3. While
the annual exposures anticipated from the requested changes are less
than the amount of take originally authorized as a result of the
conservative analyses, the amount of annual take requested remains the
same as in the original authorization.
Table 3--Changes of modeled exposures by species at the JAX Range Complex
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Original Revised
Species modeled modeled Change Level
exposure exposure
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MISSILEX:
Atlantic spotted dolphin........................ 1 5 +4 B
FIREX with IMPASS:
Atlantic spotted dolphin........................ 23 12 -11 B
Bottlenose Dolphin.............................. 10 6 -4 B
Clymene dolphin................................. 1 0 -1 B
Pantropical spotted dolphin..................... 1 2 +1 B
Pilot whale..................................... 1 2 +1 B
Risso's dolphin................................. 3 2 -1 B
Atlantic spotted dolphin........................ 1 0 -1 A
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Summary of Monitoring, Reporting, and Other Requirements Under the 2010
LOA
Annual Exercise Reports
The Navy submitted their 2010 exercise report within the required
timeframes and it is posted on NMFS Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. NMFS has reviewed the report and it contains
the information required by the 2010 LOAs. The report lists the amount
of training exercises conducted between June 2010 and January 2011. For
training exercises conducted at the VACAPES Range Complex, the Navy
conducted 77 exercises out of the total of 176 proposed. For training
exercises at the JAX Range Complex, the Navy conducted 14 out of 175
exercises proposed. No training exercise was conducted at the Cherry
Point Range Complex, though a total of 38 exercises were proposed.
Monitoring and Annual Monitoring Reports
The Navy conducted the monitoring required by the 2010 LOA and
described in the Monitoring Plan, which included aerial and vessel
surveys of training exercises by marine mammal observers. The Navy
submitted their 2010 Monitoring Report, which is posted on NMFS' Web
site (http://www.nmfs.noaa.gov/pr/permits/incidental.htm), within the
required timeframe. The Navy included a summary of their 2010
monitoring effort and results (beginning on page 3 of the monitoring
report).
Based on the Navy's monitoring report, approximately 107 cetaceans
were sighted from 7 sightings during the MINEX vessel visual survey and
FIREX visual survey on August 9 and 10, 2010, respectively. These
cetaceans include 65 common dolphins, 12 bottlenose dolphins, 6 Risso's
dolphins, 10 Atlantic spotted dolphins, and 14 unidentified cetacean
species. None of these animals were expected to be affected because
they were all outside the take zones.
In addition, approximately 172 cetaceans were sighted from 11
sightings during the MISSILEX (Maverick) aerial visual survey on August
9, 2010, and during the FIREX aerial visual surveys on October 5 and 6,
2010. These cetaceans include approximately 100 Atlantic spotted
[[Page 33270]]
dolphins, 51 bottlenose dolphins, and 21 unidentified cetacean species.
Most of the cetaceans were sighted either outside the take zone or
before the Navy exercise, and were not expected to be affected. Only
one bottlenose dolphin was sighted approximately 68 yards from the
vessel during a break between the 1st and 2nd round of FIREX event. No
unusual behavior was observed from the bottlenose dolphin, and the area
was monitored for 30 minutes after the sighting, without the animal
being sighted again, before training activities were resumed.
Integrated Comprehensive Management Program (ICMP) Plan
The ICMP will be used both as: (1) A planning tool to focus Navy
monitoring priorities (pursuant to ESA/MMPA requirements) across Navy
Range Complexes and Exercises; and (2) an adaptive management tool,
through the consolidation and analysis of the Navy's monitoring and
marine observer data, as well as new information from other Navy
programs (e.g., research and development), and other appropriate newly
published information. The Navy updated its 2010 ICMP Plan and will
comply with the Plan. The ICMP may be viewed at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
NOAA Workshops
In a January 19, 2010, letter to the Council on Environmental
Quality, NOAA identified the need for two interrelated workshops on
marine mammals and sound in the ocean. To address this commitment, NOAA
is convening two parallel, focused, relatively small, and product-
driven working groups. One will identify and map cetacean ``hot
spots'', defined as areas of known, or reasonably predictable,
biological importance (i.e., for reproduction, feeding, migration) and/
or high densities. The second working group will be directed toward
developing a comprehensive data collection and analysis plan for
describing and predicting underwater sound fields in different areas.
The outcomes of these working groups will be integrated and analyzed in
a broader follow-on symposium to include a larger audience of
scientists, industries, federal agencies, conservation managers, and
environmental NGOs. The final products and analyses will provide a more
robust, comprehensive, and context-specific biological and acoustic
basis by which to inform subsequent management decisions regarding
human noise in our oceans. The steering committee has been convened and
met for the first time in October 2010. Both working groups had their
first meeting in March 2011 in Boston, MA. The working group efforts
should take about a year to complete, and we expect the final symposium
to be held in early 2012. The results of these working groups will be
analyzed by NMFS in an adaptive management context, as related to the
three east coast training ranges final rules, and mitigation or
monitoring measures may be modified, as appropriate.
Adaptive Management
NMFS and the Navy conducted an adaptive management meeting in
October 2010 wherein we reviewed the Navy monitoring results through
August 1, 2010, discussed other Navy research and development efforts,
and discussed other new information that could potentially inform
decisions regarding Navy mitigation and monitoring. Based on the
review, NMFS determines that the Navy's current monitoring plans for
the VACAPES, JAX, and CHPT range complexes are robust and no changes
are warranted.
In terms of the Navy's proposed modification for its future
training activities, NMFS conducted a thorough analysis and issued an
interim final rule to allow flexibility in the Navy's training program,
as long as the effects on marine mammal species and their habitat are
within the scope of NMFS' analysis conducted in 2009 for the initial
final rules governing authorization of these actions (see Planned
Activities for 2011 section above).
Authorization
The Navy complied with the requirements of the 2010 LOAs. Based on
our review of the record, NMFS has determined that the marine mammal
take resulting from the 2010 military readiness training and research
activities falls within the levels previously anticipated, analyzed,
and authorized, and was likely lower given the fact that Navy conducted
fewer operations in 2010 than originally planned. Further, the level of
taking authorized in 2011 for the Navy's training exercises at VACAPES,
JAX, and CHPT range complexes is consistent with our previous findings
made for the total taking allowed under these range complexes
regulations. Finally, the record supports NMFS' conclusion that the
total number of marine mammals taken by the 2011 training exercises at
VACAPES, JAX, and CHPT range complexes will have no more than a
negligible impact on the affected species or stock of marine mammals
and will not have an unmitigable adverse impact on the availability of
these species or stocks for taking for subsistence uses. Accordingly,
NMFS has issued three one-year LOAs for Navy training exercises
conducted at these East Coast range complexes from June 5, 2011,
through June 4, 2012.
Dated: June 1, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2011-14148 Filed 6-7-11; 8:45 am]
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