[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Pages 53884-53885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22163]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA638
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 2012 and ending August 2017. 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
September 29, 2011.
ADDRESSES: Comments on the application should be addressed 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 20910-3225. The mailbox address
for providing e-mail comments is [email protected]. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, 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: Jeannine Cody, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
An electronic copy of the Navy's application may be obtained by
writing to the address specified above (See ADDRESSES), telephoning the
contact listed above (see FOR FURTHER INFORMATION CONTACT), or visiting
the internet 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 19, 2011. 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 17, 2011, NMFS received an application from the Navy
requesting authorization to take individuals of 94 species of marine
mammals (70 cetaceans and 24 pinnipeds), by harassment, incidental to
upcoming training, testing, and routine military operations (all
categorized as military readiness activities) using SURTASS LFA sonar
over the course of five years.
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 requests authorization to
take individuals of 94 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
[[Page 53885]]
included Level A harassment in its authorization request.
This will be NMFS' third 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), and
published the second rule effective from August 2007 through August
2012 on August 21, 2007 (72 FR 46846). For this third rule making, the
Navy is proposing to conduct the same types of sonar activities in the
proposed rule making as they have conducted over the past nine years in
the previous two rule makings.
Specified Activities
The Navy proposes to deploy the system on a maximum of four U.S.
Naval ships: the USNS ABLE, the USNS EFFECTIVE, the USNS 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 432
hours annually. The application describes the activity types, the
equipment and platforms involved, and the duration and potential
locations of the specified activities.
Included within a larger suite of proposed mitigation measures for
marine mammals that potentially could be affected during SURTASS LFA
sonar operations, the Navy proposes to restrict the use of SURTASS LFA
sonar such that it will not operate in Arctic and Antarctic waters, and
sound pressure levels (SPL) will not exceed 180 decibels (dB) re 1
[mu]Pa (rms) within 12 nautical miles of any coastline or within
designated offshore biologically important areas for marine mammals.
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: August 24, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2011-22163 Filed 8-29-11; 8:45 am]
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