[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Rules and Regulations]
[Pages 4917-4926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1621]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 216 and 218
[Docket No. 111019636-2033-02]
RIN 0648-BB53
Taking and Importing Marine Mammals: U.S. Navy Training in 12
Range Complexes and U.S. Air Force Space Vehicle and Test Flight
Activities in California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: Between January 2009 and May 2011, pursuant to the Marine
Mammal Protection Act (MMPA), NMFS issued twelve 5-year final
regulations to govern the unintentional taking of marine mammals
incidental to Navy training and associated activities. Additionally, in
February 2009, pursuant to the MMPA, NMFS issued 5-year regulations to
govern the unintentional taking of marine mammals incidental to U.S.
Air Force (USAF) space vehicle and test flight activities from
Vandenberg Air Force Base (VAFB). These regulations require the
issuance of annual ``Letters of Authorization'' (LOAs).
Since the issuance of the rules, the Navy realized that their
evolving training programs, which are linked to real world events,
necessitate greater flexibility in the types and amounts of sound
sources that they use. NMFS now amends the regulations for the affected
Navy training ranges to provide for additional flexibility and allow
for LOAs with longer periods of validity. Similarly, NMFS now amends
the regulations issued to VAFB in February 2009, to allow for greater
flexibility regarding the types and amounts of missile and rocket
launches that the USAF conducts.
DATES: Effective on February 1, 2012.
ADDRESSES: Regarding the Navy action, electronic copies of the Navy's
LOA applications, NMFS' Records of Decision (RODs), and NMFS' proposed
and final rules and subsequent LOAs; and regarding the USAF action,
electronic copies of the USAF's LOA application, NMFS' Environmental
Assessment and Finding of No Significant Impact, and NMFS' proposed and
final rules and subsequent LOAs, and other documents cited herein may
be obtained by writing to Michael Payne, Chief, Permits and
Conservation Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910,
telephoning the contact listed here (see FOR FURTHER INFORMATION
CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison or Candace Nachman,
Office of Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the 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) during periods of not more than five consecutive years each if
certain findings are made and regulations are issued or, if the taking
is limited to harassment and of no more than 1 year, a notice of
proposed authorization is provided to the public for review.
Authorization 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, 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.
The National Defense Authorization Act (NDAA) (Pub. L. 108-136)
removed the ``small numbers'' and ``specified geographical region''
limitations, 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].
Between January 2009 and May 2011, pursuant to the MMPA, NMFS
issued 5-year final regulations to govern the unintentional taking of
marine mammals incidental to Navy training and associated activities
conducted in the Hawaii Range Complex (HRC), the Southern California
(SOCAL) Range Complex, the Atlantic Fleet Active Sonar Training (AFAST)
Study Area, the Jacksonville (JAX) Range Complex, the Virginia Capes
(VACAPES) Range Complex, the Cherry Point (CHPT) Range Complex, the
Naval Surface Warfare Center Panama City Division (NSWC PCD), the
Mariana Islands Range Complex (MIRC), the Northwest Training Range
Complex (NWTRC), the Naval Under Sea Warfare Center (NUWC) Keyport, the
Gulf of Mexico (GOMEX) Range Complex, and the Gulf of Alaska Temporary
Maritime Activities Area (GOA TMAA). Additionally, in February 2009,
pursuant to the MMPA, NMFS issued 5-
[[Page 4918]]
year regulations to govern the unintentional taking of marine mammals
incidental to USAF space vehicle and test flight activities from VAFB
in California. These regulations, which allow for the issuance of
annual LOAs for the incidental take of marine mammals during the
specified activities and described timeframes, prescribe the
permissible methods of taking and other means of effecting the least
practicable adverse impact on marine mammal species or stocks and their
habitat, as well as requirements pertaining to the monitoring and
reporting of such taking.
Currently, with the exception of the GOA TMAA regulations (which
allow for biennial LOAs), these rules state that LOAs must be renewed
annually. To date, the Navy has complied with this requirement, and
NMFS has issued annual LOAs to the Navy for activities on its ranges;
however, in order to alleviate some of the administrative burden
associated with processing annual LOAs, the Navy has requested that
NMFS revise the current regulations to allow for LOAs with longer
periods of validity. NMFS' regulations implementing section
101(a)(5)(A) through (D) of the MMPA do not limit the period of
validity for LOAs to one year, and NMFS relied on this authority when
regulations were promulgated for the GOA TMAA that allow for LOAs to be
issued on an annual or biennial basis (76 FR 25480, May 4, 2011). The
specific language found in the general regulations governing small
takes of marine mammals incidental to specified activities states that,
``Letters of Authorization will specify the period of validity and any
additional terms and conditions appropriate for the specific request''
(50 CFR 216.106(c)). With respect to revising the timing of LOA
renewals, the period of validity for the LOAs can be extended past one
year, but will not exceed the time remaining on the 5-year rule. For
example, under the revised regulations, if the Navy requested a multi-
year LOA for AFAST in 2012, the LOA could only be valid for a maximum
of two years because the 5-year rule expires in 2014. Other factors may
be taken into consideration when determining the period of validity for
a multi-year LOA, such as the degree of advanced planning regarding
future training or exercise schedules and the details concerning the
amount of activity and marine mammal occurrence documented in the
previous year's monitoring and exercise reports. The regulations still:
(1) Require the Navy to submit annual monitoring and exercise reports;
(2) require that NMFS and the Navy hold annual monitoring and adaptive
management meetings; and (3) allow for LOAs to be changed at any time,
as appropriate, based on the availability of new information regarding
military readiness activities or the marine mammals affected.
In addition, these rules as first issued (a subset have been
modified) quantified the specific amounts of individual sound source
use that would occur over the course of the 5-year rules, and indicated
that marine mammal take could only be authorized in an LOA incidental
to the source types and amounts described. No language was initially
included expressly allowing for deviation from those precise levels of
source use, even if the total number of takes remained within the
analyzed and authorized limits. Since the issuance of the rules, the
Navy realized that their evolving activities, which are linked to real
world events, necessitate greater flexibility in the types and amounts
of sound sources that they use. In response to this need, when the Navy
requested incidental take authorization for the most recent area (GOA
TMAA), NMFS included language explicitly allowing for greater
flexibility in both source amount and type. Recently, NMFS amended the
HRC, SOCAL Range Complex, AFAST, VACAPES, and JAX regulations to
explicitly allow for greater flexibility in the types and amount of
sound sources that they use (76 FR 6699, February 8, 2011, and 76 FR
30552, May 26, 2011). The language contained in the regulatory text for
the interim final rules issued on February 8, 2011, and May 26, 2011
(76 FR 6699 and 76 FR 30552) remains unchanged from what was initially
published. Through this final rule, NMFS now finalizes the
aforementioned interim final rules without changes and amends the
regulations for the remaining Navy training and RDT&E ranges to allow
this same flexibility and ensure consistency.
The USAF regulations for activities at VAFB initially quantified
the specific amounts of missiles and rockets that could be launched
over the course of the 5-year rule and indicated that marine mammal
take could only be authorized in an LOA incidental to the amounts
described. No language was initially included expressly allowing for
deviation from those precise launch levels, even if the total number of
takes remained within the analyzed and authorized limits. Since the
issuance of the rule, the USAF realized that their evolving training
programs, which are linked to real world events, necessitate greater
flexibility in the types and amounts of missile and rocket launches
that they conduct. NMFS now amends the regulations issued to VAFB in
February 2009, to allow for such flexibility.
Summary of the Navy Modifications
Multi-Year LOAs
On May 4, 2011, NMFS issued 5-year regulations governing the taking
of marine mammals incidental to training activities conducted in the
GOA TMAA (76 FR 25480). These regulations allow for the issuance of
annual or biennial LOAs (only annual LOAs had been allowed for in the
previous Navy rules issued), but retain the annual reporting and
meeting requirements.
After the issuance of the 2011 GOA TMAA rule, the Navy inquired
about proposing amendments to the previously implemented Navy rules
that would enable NMFS to renew LOAs for other training and RDT&E
ranges on a multi-year basis. The ability to issue multi-year LOAs
reduces administrative burdens on both NMFS and the Navy. In addition,
multi-year LOAs would avoid situations where the last minute issuance
of LOAs necessitated the commitment of extensive resources by the Navy
for contingency planning.
This modification amends the regulations to allow the issuance of
multi-year LOAs for all 12 Navy range complexes: HRC, SOCAL, AFAST,
JAX, VACAPES, CHPT, NSWC PCD, MIRC, NWTRC, NUWC Keyport, GOA TMAA and
GOMEX. The regulations for these range complexes currently limit the
period of validity for LOAs to 1 year (2 for GOA TMAA) and the Navy
must request renewal of LOAs annually (biennially for GOA TMAA).
Although the amendments can increase the period of validity for LOAs,
the regulations retain the annual reporting and adaptive management
meeting requirements that ensure NMFS is able to evaluate the Navy's
compliance and marine mammal impacts with the same attention and
frequency. In addition, a new LOA can be issued to incorporate any
needed mitigation or monitoring measures developed through adaptive
management, or if the Navy proposes changes to their activity within a
given annual reporting period.
Interannual Flexibility (Source Type and Amount of Use)
With respect to the second modification regarding the types of
sources for which incidental take is authorized, in some cases the
Navy's rules only identified the most representative or highest power
source to represent a group of known similar sources. The Navy
regularly modifies or develops new technologies, which often
[[Page 4919]]
results in sound sources that are similar to, but not exactly the same
as, existing sources. In order to address these source modifications
and the development of new technologies, NMFS includes new regulatory
language designed to allow for more flexibility by authorizing take
incidental to the previously identified specific sound source or
``similar sources'' (i.e., those that have similar characteristics to
the specific sources and do not change any of the underlying analysis,
which NMFS would evaluate and verify upon receipt of an LOA application
containing a description of the new similar sound source). In the
February 8, 2011, modification to the HRC, SOCAL, and AFAST rules and
the May 26, 2011, modification to the VACAPES and JAX rules, NMFS
increased the flexibility of the regulations by inserting language that
explicitly allows for authorization of take incidental to the
previously identified specified sound sources or ``similar sources''
(with similar characteristics that do not change any of the underlying
analyses). The language contained in the regulatory text for the
interim final rules issued on February 8, 2011, and May 26, 2011 (76 FR
6699 and 76 FR 30552) remains unchanged from what was initially
published. NMFS now finalizes these two interim final rules without
changes and inserts similar language in the following Navy rules: CHPT;
NSWC PCD; MIRC; NUWC Keyport; GOMEX; and NWTRC.
Finally, regarding amounts of sound source use, the regulations
only allow for the authorization of take incidental to a 5-yr maximum
amount of use for each specific sound source, even though in most cases
our effects analyses do not differentiate the impacts from the majority
of the different types of sources. Specifically, although some sonar
sources are louder or generate more acoustic energy in a given amount
of time, which results in more marine mammal takes, we authorize total
takes but do not differentiate between the individual takes that result
from one source versus another. This final rule amends the Navy rules
to allow for inter-annual variability in the amount of source use
identified in each LOA. For example, in one year, the Navy could use a
lot of one source and a little of another, and the next year those
amounts could be reversed; however, the amount of inter-annual
variability cannot result in exceeding the total level of incidental
take analyzed and identified in the final rules, and the taking cannot
result in more than a negligible impact on affected species or stocks.
Language of this nature was included in final regulations governing the
authorization of take incidental to the Navy's training activities in
the Mariana Islands and Northwest Training Range Complexes, which were
issued in 2010. NMFS issued interim final rules amending the HRC, SOCAL
Range Complex, AFAST, VACAPES, and JAX regulations by adding language
of this nature to increase operational flexibility in those range
complexes (76 FR 6699, February 8, 2011, and 76 FR 30552, May 26,
2011). However, this language has not been adopted in the remaining
Navy rules and NMFS now finalizes the aforementioned interim final
rules and includes language of this nature in the regulations governing
the authorization of take incidental to the additional Navy range
complexes not previously addressed by either the final rules or interim
final rules mentioned above.
These regulatory amendments do not change the analyses of marine
mammal impacts conducted in the original final rules. This is assured
and illustrated through: (1) The Navy's submission of LOA applications
for each area, which include take estimates specific to the upcoming
period's activities (i.e., sound source use); (2) their subsequent
annual submission of classified exercise reports, which accurately
report the specific amount of use for each sound source over the course
of the previous year; and (3) their annual submission of monitoring
reports, which describe observed responses of marine mammals to Navy
sound sources collected via visual, passive acoustic, or tagging
methods. Together, these submissions allow NMFS to accurately predict
and track the Navy's activities to ensure that both NMFS' LOAs, and the
impacts of the Navy's activities on marine mammals, remain within what
is analyzed and allowed under the 5-year regulations.
Summary of the USAF Modification
In the 5-year regulations issued to the USAF in February 2009, NMFS
authorized up to 30 missile launches and up to 20 rocket launches
annually from VAFB (74 FR 6236, February 6, 2009). Those regulations
analyzed potential impacts from many different types of missiles and
rockets, such as the Atlas, Delta, Falcon, and intercontinental
ballistic missiles. At the time of issuance of the regulations to the
USAF, the Falcon was not yet ready for launch, but it was anticipated
that the first launch of such a rocket would occur around August 2009.
Information related to this rocket type was analyzed in both the
proposed and final rulemaking documents. The Falcon has not yet been
launched from VAFB, and it is anticipated that the first launch will
occur in late 2012 or early 2013.
In order to accommodate the necessary launches of the Falcon
rocket, the USAF has indicated that it needs to reassign the amount of
the 50 total launches allowed annually. Instead of the 30 missile and
20 rocket launches currently authorized per year, the USAF has
requested that they be permitted to conduct 15 missile launches and 35
rocket launches per year. The total number of annual launches would
remain at 50.
As indicated above, this regulatory amendment does not change the
analyses of marine mammal impacts conducted in the original final rule.
This fact is assured and illustrated through: (1) The USAF's submission
of annual LOA requests for the activities at VAFB related to space
vehicle and test flight activities; and (2) their annual submission of
monitoring reports, which describe observed responses of marine mammals
to USAF missile and rocket launches and aircraft activity collected via
visual monitoring and acoustic recording methods. These submissions
allow NMFS to accurately predict and track the USAF's activities to
ensure that both NMFS' LOAs and the impacts of the USAF's activities on
marine mammals remain within what is analyzed and authorized under the
5-year regulations.
Comments and Responses
On November 15, 2011 (76 FR 70695), NMFS published a proposed rule
in response to requests by the Navy and USAF to allow for greater
flexibility with respect to the regulations and LOAs permitting the
types and amounts of sound sources that they use. In addition, the
proposed rule responded to the Navy's request for LOAs with longer
periods of validity (i.e., greater than one year). NMFS received
comment letters from the Marine Mammal Commission, Department of the
Interior, the U.S. Air Force, environmental non-governmental
organizations, an interested member of the public, and one member of
Congress. The comments are summarized and addressed below. Full copies
of the comment letters may be accessed at http://www.regulations.gov.
The letter from the Marine Mammal Commission can be accessed at http://mmc.gov/letters/letters_11.shtml, and recommended that NMFS amend the
regulations as proposed.
Comment 1: NMFS should delay publishing the final rule until after
NOAA's working group on marine mammal hotspots has completed its work.
[[Page 4920]]
Response: NMFS does not agree that delaying the publication of the
final rule until after the working groups have completed their work is
warranted. The results of these working groups will be analyzed by NMFS
in an adaptive management context, as related to the Navy final rules
and LOAs, and mitigation or monitoring measures may be modified, as
appropriate. The timing of potential adaptive management actions
identified above would not be changed by delaying the publication of
this final rule because LOAs can be modified at any time to include new
mitigation or monitoring measures if new information suggests such a
change is warranted.
Comment 2: NMFS has not properly assessed the impacts to marine
mammals that could result from variability in the amount of source use
within a five year period.
Response: As we stated in the preamble to the proposed rule (76 FR
70695, November 15, 2011), these regulatory amendments do not change
the analyses of marine mammal impacts conducted in the original final
rules. Under the revisions, any variations in sound types or use could
not exceed the level of take authorized by the original rules, and
individual LOA renewal applications will provide new take estimates for
NMFS to review. New information, including results and recommendations
from the working groups, would also be taken into consideration. In
addition, the submission of annual monitoring and exercise reports by
the Navy and USAF allow NMFS to accurately track the military readiness
activities and ensure that LOAs issued by NMFS and the impacts of the
military readiness activities on marine mammals remain within what is
analyzed and authorized under the 5-year regulations.
Comment 3: NMFS must ensure that ``similar sources'' are truly
similar and that the takings of marine mammals resulting from the use
of ``similar sources'' do not exceed the takings that are authorized in
the final rules.
Response: NMFS agrees and will evaluate the ``similar sources'' and
their likely impacts on marine mammals when the Navy submits their LOA
applications, which include a detailed description of any new sources
and a take estimate. NMFS will also review annual monitoring and
exercise reports to ensure that takings from similar sources do not
exceed those authorized in the final rules.
Comment 4: To maintain a commitment to oversight and adaptive
management, NMFS must limit the taking of marine mammals to the annual
take amount analyzed in the applicable EISs and final rules.
Response: NMFS' commitment to oversight and adaptive management is
assured and illustrated through the review of annually submitted
exercise and monitoring reports, which describe military readiness
activities conducted during the reporting periods and observed
responses of marine mammals to Navy training exercises and USAF missile
and rocket launches and aircraft activity collected via visual
monitoring and acoustic recording methods. Together, these submissions
allow NMFS to accurately predict and track military readiness
activities conducted by the Navy and USAF to ensure that incidental
takings remain within what is analyzed and allowed under the 5-year
regulations. In addition, NMFS continues to require annual adaptive
management meetings with the Navy, which ensures that NMFS is able to
evaluate the Navy's compliance and marine mammal impacts as carefully
and as often as NMFS would in the absence of the modification. Finally,
under the modified regulations, NMFS still has the ability to issue a
new LOA at any time, pursuant to the adaptive management mechanism, if
mitigation or monitoring modifications are needed.
Comment 5: The USAF requested that NMFS include language in the
final rule that allows for the issuance of multi-year LOAs to the USAF
for space vehicle and test flight activities from VAFB.
Response: The USAF did not make this request to NMFS prior to
release of the proposed rule for public comment. The current 5-year
rule governing authorizations for take of marine mammals at VAFB
expires on February 6, 2014. Therefore, if NMFS were to make this
change now, it would make it unnecessary to issue only one remaining
LOA, as three LOAs have already been issued to the USAF under the
current regulations. NMFS did not include language authorizing LOAs
that would cover multiple years for activities at VAFB, and including
such language in the final rule would not result in significant time
savings or administrative streamlining at this stage in implementation
of the current 5-year regulations. Therefore, NMFS has not included
language in the final rule for the USAF activities that would allow for
the issuance of multi-year LOAs. However, if and when the USAF applies
for new 5-year regulations, NMFS will consider issuance of multi-year
LOAs in the proposed rule that is released for public comment at that
time.
Comment 6: With respect to the interim final rule that amended the
regulations governing take authorizations for JAX, VACAPES, and CHPT,
the Marine Mammal Commission questioned whether it was necessary to
waive the opportunity for public notice and comment, and recommended
that NMFS take all steps possible to avoid invoking the good cause
exception under similar circumstances.
Response: NMFS agrees with the Commission that a waiver of the
opportunity for public notice and comment is only permissible in
limited circumstances; that is, when the agency finds that notice and
comment are ``impracticable, unnecessary, or contrary to the public
interest.'' 5 U.S.C. 553(b)(B). In this case, NMFS determined that
providing for notice and comment and delaying the effective date of the
interim final rule were both impracticable and contrary to the public
interest, because the Navy had ``a compelling need to continue its
currently on-going military readiness and testing activities with the
specific sound sources at issue without interruption.'' Specifically,
the Navy urgently needed to make multiple adjustments to the amount and
type of explosives being used, and had an immediate need for more
flexibility regarding the areas in which certain exercises could take
place. As noted by the Commission, the Navy requested the amendment to
the regulation several months before the interim final rule was issued.
Given limited agency resources, the interim final rule was issued as
soon as NMFS was able to perform the required analyses, and the Navy
was simply unable to accommodate any further delay in issuance of the
interim final rule in order to allow for notice and comment. As
recommended by the Commission, NMFS provided an opportunity for public
review and comment on all of the modifications that were subsequently
proposed by NMFS for other Navy rules that did not require immediate
implementation, and that are also codified in this final rule.
Classification
The Office of Management and Budget has determined that this final
rule is not significant for purposes of Executive Order 12866.
Pursuant to the Regulatory Flexibility Act (RFA), the Chief Counsel
for Regulation of the Department of Commerce has certified to the Chief
Counsel for Advocacy of the Small Business Administration that this
final rule would not have a significant economic impact on a
substantial number of small entities. The RFA requires Federal agencies
to prepare an analysis of a rule's impact on small
[[Page 4921]]
entities whenever the agency is required to publish a notice of
proposed rulemaking. However, a Federal agency may certify, pursuant to
5 U.S.C. 605 (b), that the action will not have a significant economic
impact on a substantial number of small entities. Neither the Navy nor
the USAF are small governmental jurisdictions, small organizations, or
small businesses, as defined by the RFA. Any requirements imposed by an
LOA issued pursuant to these regulations, and any monitoring or
reporting requirements imposed by these regulations, will be applicable
only to the Navy and USAF. NMFS does not expect the amendments of these
regulations or the associated LOAs to result in any impacts to small
entities pursuant to the RFA. Because this action would directly affect
the Navy and USAF and not a small entity, NMFS concludes the action
would not result in a significant economic impact on a substantial
number of small entities.
This action does not contain any collection of information
requirements for purposes of the Paperwork Reduction Act.
The Assistant Administrator for Fisheries has determined that there
is good cause under the Administrative Procedure Act (5 U.S.C.
553(d)(3)) to waive the 30-day delay in effectiveness of the measures
contained in the final rule. The Navy and USAF, as the authorized
entities, have informed NMFS that any delay of enacting the final rule
would result in: (1) A suspension of ongoing or planned military
readiness activities, which would disrupt vital training essential to
national security; or (2) the Navy and USAF's procedural non-compliance
with the MMPA (should the Navy and USAF conduct activities without an
LOA), thereby resulting in the potential for unauthorized takes of
marine mammals. Moreover, the Navy and USAF, the only parties directly
affected by this rule, are ready to implement the rule immediately;
therefore, these measures will become effective upon publication.
List of Subjects in 50 CFR Parts 216 and 218
Exports, Fish, Imports, Incidental take, Indians, Labeling, Marine
mammals, Navy, Penalties, Reporting and recordkeeping requirements,
Seafood, Sonar, Transportation.
Dated: January 20, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For reasons set forth in the preamble, 50 CFR parts 216 and 218 are
amended as follows:
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
0
1. The authority citation for part 216 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq.
0
2. In Sec. 216.120, paragraphs (a)(1) and (a)(2) are revised to read
as follows:
Sec. 216.120 Specified activity and specified geographical region.
(a) * * *
(1) Launching up to 15 missiles each year from Vandenberg Air Force
Base, for a total of up to 75 missiles over the 5-year period of the
regulations in this subpart,
(2) Launching up to 35 rockets each year from Vandenberg Air Force
Base, for a total of up to 175 rocket launches over the 5-year period
of the regulations in this subpart,
* * * * *
0
3. Section 216.121 is revised to read as follows:
Sec. 216.121 Effective dates.
Amended regulations are effective from February 1, 2012, through
February 6, 2014.
0
4. In Sec. 216.170, revise paragraphs (c) introductory text, (c)(1)
introductory text, (c)(1)(vii), (c)(2) introductory text,
(c)(2)(ii)(H), and (d) are as follows:
Sec. 216.170 Specified activity and specified geographical region.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the following activities:
(1) The use of the following mid-frequency active sonar (MFAS) and
high frequency active sonar (HFAS) sources, or similar sources, for
Navy training activities (estimated amounts below):
* * * * *
(vii) AN/SSQ-125 (AEER sonar sonobuoy)--4800 sonobuoys (total, of
IEER/EER and AEER combined) over the course of 5 years (an average of
960 per year)
(2) The detonation of the underwater explosives indicated in
paragraph (c)(2)(i) of this section, or similar explosives, conducted
as part of the training exercises indicated in paragraph (c)(2)(ii) of
this section:
(ii) * * *
(H) EER/IEER--4800 sonobuoys (total, of EER/IEER and AEER combined)
over the course of 5 years (an average of 960 sonobuoy deployments per
year)
(d) The taking of marine mammals may be authorized in an LOA for
the activities and sources listed in Sec. 216.170(c) should the
amounts (e.g., hours, dips, or number of exercises) vary from those
estimated in Sec. 216.170(c), provided that the variation does not
result in exceeding the amount of take indicated in Sec. 216.172(c).
0
5. In Sec. 216.171, paragraph (a) is revised to read as follows:
Sec. 216.171 Effective dates and definitions.
(a) Amended regulations are effective from February 1, 2012,
through January 5, 2014.
* * * * *
0
6. In Sec. 216.177, paragraph (a) is revised to read as follows:
Sec. 216.177 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the period of validity of this
subpart, but may be renewed or modified sooner subject to the renewal
conditions in Sec. 216.178 and the modification conditions in Sec.
216.179.
* * * * *
0
7. In Sec. 216.178, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 216.178 Renewal of Letters of Authorization.
(a) A Letter of Authorization issued under Sec. Sec. 216.106 and
216.177 for the activity identified in Sec. 216.170(c) may be renewed
for an amount of time not to exceed the periods of validity of this
subpart upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 216.176 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 216.174 and the Letter of
Authorization issued under Sec. Sec. 216.106 and 216.177, were
undertaken and will be undertaken during the upcoming period of
validity of a renewed Letter of Authorization.
* * * * *
0
8. In Sec. 216.240, revise paragraphs (c) introductory text and
paragraph (d) to read as follows:
[[Page 4922]]
Sec. 216.240 Specified activity and specified geographical region.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the use of the following mid-frequency active
sonar (MFAS) sources, high frequency active sonar (HFAS) sources,
explosive sonobuoys, or similar sources, for Navy training,
maintenance, or research, development, testing, and evaluation (RDT&E)
(estimated amounts below):
* * * * *
(d) The taking of marine mammals may be authorized in an LOA for
the activities and sources listed in Sec. 216.240(c) should the
amounts (e.g., hours, dips, or number of exercises) vary from those
estimated in Sec. 216.240(c), provided that the variation does not
result in exceeding the amount of take indicated in Sec. 216.242(c).
0
9. In Sec. 216.241, paragraph (a) is revised to read as follows:
Sec. 216.241 Effective dates and definitions.
(a) Amended regulations are effective from February 1, 2012,
through January 22, 2014.
* * * * *
0
10. In Sec. 216.247 paragraph (a) is revised to read as follows:
Sec. 216.247 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the period of validity of this
subpart, but may be renewed or modified sooner subject to the renewal
conditions in Sec. 216.248 and the modification conditions in Sec.
216.249.
* * * * *
0
11. In Sec. 216.248, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 216.248 Renewal of Letters of Authorization and Adaptive
Management.
(a) A Letter of Authorization issued under Sec. Sec. 216.106 and
216.247 for the activity identified in Sec. 216.240(c) may be renewed
upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 216.246 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 216.244 and the Letter of
Authorization issued under Sec. Sec. 216.106 and 216.247, were
undertaken and will be undertaken during the upcoming period of
validity of a renewed Letter of Authorization.
* * * * *
0
12. In Sec. 216.270, revise paragraphs (c) introductory text, (c)(1),
(c)(2) and (d) to read as follows:
Sec. 216.270 Specified activity and specified geographical region.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the following activities:
(1) The use of the following mid-frequency active sonar (MFAS) and
high frequency active sonar (HFAS) sources, or similar sources, for
Navy training, maintenance, or research, development, testing, and
evaluation (RDT&E) (estimated amounts below):
* * * * *
(2) The detonation of the underwater explosives indicated in
paragraph (c)(2)(i) of this section, or similar explosives, conducted
as part of the training exercises indicated in paragraph (c)(2)(ii) of
this section:
* * * * *
(d) The taking of marine mammals may be authorized in an LOA for
the activities and sources listed in Sec. 216.270(c) should the
amounts (e.g., hours, dips, or number of exercises) vary from those
estimated in Sec. 216.270(c), provided that the variation does not
result in exceeding the amount of take indicated in Sec. 216.272(c).
0
13. In Sec. 216.271, paragraph (a) is revised to read as follows:
Sec. 216.271 Effective dates and definitions.
(a) Amended regulations are effective from the date of publication
of the final rule, through January 14, 2014.
* * * * *
0
14. In Sec. 216.277, paragraph (a) is revised to read as follows:
Sec. 216.277 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the periods of validity of
this subpart, but may be renewed or modified sooner subject to the
renewal conditions in Sec. 216.278 and the modification conditions in
Sec. 216.279.
* * * * *
0
15. In Sec. 216.278, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 216.278 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. Sec. 216.106 and
216.277 for the activity identified in Sec. 216.270(c) may be renewed
upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 216.276 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 216.274 and the Letter of
Authorization issued under Sec. Sec. 216.106 and 216.277, were
undertaken and will be undertaken during the upcoming period of
validity of a renewed Letter of Authorization.
* * * * *
PART 218--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
0
16. The authority citation for part 218 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq.
0
17. In Sec. 218.1, revise paragraphs (c) introductory text, (c)(1),
(c)(1)(i)(D), (c)(1)(ii) introductory text, (d) and (e) to read as
follows:
Sec. 218.1 Specified activity and specified geographical area and
effective dates.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the following activities:
(1) The use of the explosive munitions, or similar explosive types,
indicated in paragraph (c)(1)(i) of this section conducted as part of
the Navy training events, or similar training events, indicated in
paragraph (c)(1)(ii) of this section:
(i) * * *
(D) Airborne Mine Neutralization system (AMNS)
* * * * *
(ii) Training events (with approximated number of events)
* * * * *
(d) Amended regulations are effective from February 1, 2012,
through June 4, 2016.
(e) The taking of marine mammals may be authorized in an LOA for
the explosive types and activities, or similar explosives or
activities, listed in Sec. 218.1(c) should the amounts (e.g., number
of exercises) vary from those estimated in Sec. 218.1(c), provided
that the variation does not result in exceeding the amount of take
indicated in Sec. 218.2(c).
0
18. In Sec. 218.7, paragraph (a) is revised to read as follows:
[[Page 4923]]
Sec. 218.7 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the periods of validity of
this subpart, but may be renewed or modified sooner subject to the
renewal conditions in Sec. 218.8 and the modification conditions in
Sec. 218.9.
* * * * *
0
19. In Sec. 218.8, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 218.8 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. 216.106 of this
chapter and Sec. 218.7 for the activity identified in Sec. 218.1(c)
may be renewed upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 218.6 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 218.4 and the Letter of
Authorization issued under Sec. 216.106 of this chapter and Sec.
218.7, were undertaken and will be undertaken during the upcoming
period of validity of a renewed Letter of Authorization.
* * * * *
0
20. In Sec. 218.10, revise paragraphs (c) introductory text, (c)(1),
(d) and (e) to read as follows:
Sec. 218.10 Specified activity and specified geographical area and
effective dates.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the following activities:
(1) The use of the explosive munitions, or similar explosive types,
indicated in paragraph (c)(1)(i) of this section conducted as part of
the Navy training events, or similar training events, indicated in
paragraph (c)(1)(ii) of this section:
* * * * *
(d) Amended regulations are effective February 1, 2012, through
June 4, 2016.
(e) The taking of marine mammals may be authorized in an LOA for
the explosive types and activities, or similar explosives and
activities, listed in Sec. 218.10(c) should the amounts (e.g., number
of exercises) vary from those estimated in Sec. 218.10(c), provided
that the variation does not result in exceeding the amount of take
indicated in Sec. 218.11(c).
0
21. In Sec. 218.13, paragraph (a)(4)(i)(A) is revised to read as
follows:
Sec. 218.13 Mitigation.
* * * * *
(A) This activity shall only occur in Areas BB and CC, or in
similar areas that will not result in marine mammal takes exceeding the
amount indicated in Sec. 216.11(c).
* * * * *
0
22. In Sec. 218.16, paragraph (a) is revised to read as follows:
Sec. 218.16 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the periods of validity of
this subpart, but may be renewed or modified sooner subject to the
renewal conditions in Sec. 218.17 and modification conditions in Sec.
218.18.
* * * * *
0
23. In Sec. 218.17, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 218.17 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. 216.106 of this
chapter and Sec. 218.16 for the activity identified in Sec. 218.10(c)
will be renewed upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 218.15 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 218.13 and the Letter of
Authorization issued under Sec. 216.106 of this chapter and Sec.
218.16, were undertaken and will be undertaken during the upcoming
period of validity of a renewed Letter of Authorization.
* * * * *
0
24. In Sec. 218.20, paragraphs (c) introductory text, (c)(1)
introductory text, and (d) are revised, and paragraph (e) is added to
read as follows:
Sec. 218.20 Specified activity and specified geographical area and
effective dates.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the following activities:
(1) The use of the explosive munitions, or similar explosive types,
indicated in paragraph (c)(1)(i) of this section conducted as part of
the Navy training events, or similar training events, indicated in
paragraph (c)(1)(ii) of this section:
* * * * *
(d) Regulations are effective February 1, 2012, through June 4,
2014.
(e) The taking of marine mammals may be authorized in an LOA for
the explosive types and activities, or similar explosives and
activities, listed in Sec. 218.20(c) should the amounts (e.g., number
of exercises) vary from those estimated in Sec. 218.20(c), provided
that the variation does not result in exceeding the amount of take
indicated in Sec. 218.21(c).
0
25. In Sec. 218.23, paragraph (a)(4)(i)(A) is revised to read as
follows:
Sec. 218.23 Mitigation.
(a) * * *
(4) * * *
(i) * * *
(A) This activity shall only occur in Areas 4/5 and 13/14, or in
similar areas that will not result in marine mammal takes exceeding the
amount indicated in Sec. 218.21(c).
* * * * *
0
26. In Sec. 218.26, paragraph (a) is revised to read as follows:
Sec. 218.26 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the periods of validity of
this subpart, but may be renewed or modified sooner subject to the
renewal conditions in Sec. 218.27 and the modification conditions in
Sec. 218.28.
* * * * *
0
27. In Sec. 218.27, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 218.27 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. 216.106 of this
chapter and Sec. 218.26 for the activity identified in Sec. 218.20(c)
will be renewed upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 218.25 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 218.23 and the Letter of
Authorization issued under Sec. 216.106 of this chapter and Sec.
218.26, were undertaken and will be undertaken
[[Page 4924]]
during the upcoming period of validity of a renewed Letter of
Authorization.
* * * * *
0
28. In Sec. 218.30, paragraphs (c) introductory text, (c)(1)
introductory text, and (d) are revised, and paragraph (e) is added to
read as follows:
Sec. 218.30 Specified activity and specified geographical area and
effective dates.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the following activities:
(1) The use of the explosive munitions, or similar explosive types,
indicated in paragraph (c)(1)(i) of this section conducted as part of
the Navy training events, or similar training events, indicated in
paragraph (c)(1)(ii) of this section:
* * * * *
(d) Regulations are effective February 1, 2012, through February
17, 2016.
(e) The taking of marine mammals may be authorized in an LOA for
the explosive types and activities, or similar explosives and
activities, listed in Sec. 218.30(c) should the amounts (e.g., number
of exercises) vary from those estimated in Sec. 218.30(c), provided
that the variation does not result in exceeding the amount of take
indicated in Sec. 218.31(c).
0
29. In Sec. 218.33, paragraph (a)(3)(i)(A) is revised to read as
follows:
Sec. 218.33 Mitigation.
(a) * * *
(3) * * *
(i) * * *
(A) This activity shall only occur in the W-155A/B (hot box) area,
or in similar areas that will not result in marine mammal takes
exceeding the amount indicated in Sec. 218.31(c).
* * * * *
0
30. In Sec. 218.36, paragraph (a) is revised to read as follows:
Sec. 218.36 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the periods of validity of
this subpart, but may be renewed or modified sooner subject to the
renewal conditions in Sec. 218.37 and the modification conditions in
Sec. 218.38.
* * * * *
0
31. In Sec. 218.37, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 218.37 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. 216.106 of this
chapter and Sec. 218.36 for the activity identified in Sec. 218.30(c)
will be renewed upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 218.35 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 218.33 and the Letter of
Authorization issued under Sec. 216.106 of this chapter and Sec.
218.36, were undertaken and will be undertaken during the upcoming
period of validity of a renewed Letter of Authorization.
* * * * *
0
32. In Sec. 218.100, paragraphs (c) introductory text, (c)(1)
introductory text, and (c)(2) introductory text are revised to read as
follows:
Sec. 218.100 Specified activity and specified geographical area.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the following activities:
(1) The use of the following mid-frequency active sonar (MFAS) and
high frequency active sonar (HFAS) sources, or similar sources, for
Navy training, maintenance, or research, development, testing, and
evaluation (RDT&E) (estimated amounts below):
* * * * *
(2) The detonation of the underwater explosives indicated in
paragraph (c)(2)(i) of this section, or similar explosives, conducted
as part of the training exercises indicated in paragraph (c)(2)(ii) of
this section:
* * * * *
0
33. Section 218.101 is revised to read as follows:
Sec. 218.101 Effective dates.
Amended regulations are effective February 1, 2012, through August
3, 2015.
0
34. In Sec. 218.107, paragraph (a) is revised to read as follows:
Sec. 218.107 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the periods of validity of
this subpart, but may be renewed or modified sooner subject to the
renewal conditions in Sec. 218.108 and the modification conditions in
Sec. 218.109.
* * * * *
0
35. In Sec. 218.108, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 218.108 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. 216.106 of this
chapter and Sec. 218.107 for the activity identified in Sec.
218.100(c) will be renewed upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 218.106 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 218.104 and the Letter of
Authorization issued under Sec. 216.106 of this chapter and Sec.
218.107, were undertaken and will be undertaken during the upcoming
period of validity of a renewed Letter of Authorization.
* * * * *
0
36. In Sec. 218.110, paragraphs (c) introductory text, (c)(1)
introductory text, and (c)(2) introductory text are revised to read as
follows:
Sec. 218.110 Specified activity and specified geographical area.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the following activities:
(1) The use of the following mid-frequency active sonar (MFAS) and
high frequency active sonar (HFAS) sources, or similar sources, for
Navy training, maintenance, or research, development, testing, and
evaluation (RDT&E) (estimated amounts below):
* * * * *
(2) The detonation of the underwater explosives indicated in
paragraph (c)(2)(i) of this section, or similar explosives, conducted
as part of the training exercises indicated in paragraph (c)(2)(ii) of
this section:
* * * * *
0
37. Section 218.111 is revised to read as follows:
Sec. 218.111 Effective dates.
Amended regulations are effective February 1, 2012, through
November 9, 2015.
0
38. In Sec. 218.117, paragraph (a) is revised to read as follows:
Sec. 218.117 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the
[[Page 4925]]
periods of validity of this subpart, but may be renewed or modified
sooner subject to the renewal conditions in Sec. 218.118 and the
modification conditions in Sec. 218.119.
* * * * *
0
39. In Sec. 218.118 paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 218.118 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. 216.106 of this
chapter and Sec. 218.117 for the activity identified in Sec.
218.110(c) will be renewed upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 218.116 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 218.114 and the Letter of
Authorization issued under Sec. 216.106 of this chapter and Sec.
218.117, were undertaken and will be undertaken during the upcoming
period of validity of a renewed Letter of Authorization.
* * * * *
0
40. Section 218.121 is revised to read as follows:
Sec. 218.121 Effective dates.
Amended regulations in this subpart are effective February 1, 2012,
through May 4, 2016.
0
41. In Sec. 218.127, paragraph (a) is revised to read as follows:
Sec. 218.127 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the periods of validity of
this subpart, but may be renewed or modified sooner subject to the
renewal conditions in Sec. 218.128 and the modification conditions in
Sec. 218.129.
* * * * *
0
42. In Sec. 218.128, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 218.128 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. 216.106 of this
chapter and Sec. 218.127 for the activity identified in Sec.
218.120(c) will be renewed upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 218.126 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 218.124 and the Letter of
Authorization issued under Sec. 216.106 of this chapter and Sec.
218.127, were undertaken and will be undertaken during the upcoming
period of validity of a renewed Letter of Authorization.
* * * * *
0
43. In Sec. 218.170, paragraphs (c) introductory text and (d) are
revised, and paragraph (e) is added to read as follows:
Sec. 218.170 Specified activity and specified geographical area and
effective dates.
* * * * *
(c) These regulations apply only to the taking of marine mammals by
the Navy if it occurs incidental to the following activities, or
similar activities, and sources, or similar sources (estimate amounts
of use below):
* * * * *
(d) Amended regulations are effective February 1, 2012, through
April 11, 2016.
(e) The taking of marine mammals may be authorized in an LOA for
the activities and sources listed in Sec. 218.170(c) should the
amounts (e.g., hours, number of exercises) vary from those estimated in
Sec. 218.170(c), provided that the variation does not result in
exceeding the amount of take indicated in Sec. 218.171(c).
0
44. In Sec. 218.176, paragraph (a) is revised to read as follows:
Sec. 218.176 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the period of validity of this
subpart, but may be renewed or modified sooner subject to the renewal
conditions in Sec. 218.177 and the modification conditions in Sec.
218.178.
* * * * *
0
45. In Sec. 218.177, paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 218.177 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. 216.106 of this
chapter and Sec. 218.176 for the activity identified in Sec.
218.170(c) will be renewed upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 218.175 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 218.173 and the Letter of
Authorization issued under Sec. 216.106 of this chapter and Sec.
218.176, were undertaken and will be undertaken during the upcoming
period of validity of a renewed Letter of Authorization.
* * * * *
0
46. In Sec. 218.180, paragraphs (c) introductory text, (c)(1)
introductory text, (c)(2) introductory text, (c)(3) introductory text,
(c)(4) introductory text, (c)(5) introductory text, and (d) are
revised, and paragraph (e) is added to read as follows:
Sec. 218.180 Specified activity and specified geographical area and
effective dates.
* * * * *
(c) The taking of marine mammals by the Navy is only authorized if
it occurs incidental to the following activities:
(1) The use of the following mid-frequency active sonar (MFAS) and
high frequency active sonar (HFAS) sources, or similar sources, for
Navy mission activities in territorial waters (estimated amounts
below):
* * * * *
(2) The use of the following mid-frequency active sonar (MFAS) and
high frequency active sonar (HFAS) sources, or similar sources, for
Navy mission activities in non-territorial waters (estimated amounts
below):
* * * * *
(3) Ordnance operations, or similar operations, for Navy mission
activities in territorial waters (estimated amounts below):
* * * * *
(4) Ordnance operations, or similar operations, for Navy mission
activities in non-territorial waters (estimated amounts below):
* * * * *
(5) Projectile firing operations, or similar operations, for Navy
mission activities in non-territorial waters (estimated amounts below):
* * * * *
(d) Amended regulations are effective February 1, 2012, through
January 21, 2015.
(e) The taking of marine mammals may be authorized in an LOA for
the activities and sources listed in Sec. 218.180(c) should the
amounts (e.g., hours, number of exercises) vary from those estimated in
Sec. 218.180(c), provided that the variation does not
[[Page 4926]]
result in exceeding the amount of take indicated in Sec. 218.181(b).
0
47. In Sec. 218.186, paragraph (a) is revised to read as follows:
Sec. 218.186 Letters of Authorization.
(a) A Letter of Authorization, unless suspended or revoked, will be
valid for a period of time not to exceed the periods of validity of
this subpart, but may be renewed or modified sooner subject to the
renewal conditions in Sec. 218.187 and the modification conditions in
Sec. 218.188.
* * * * *
0
48. In Sec. 218.187 paragraphs (a) introductory text, (a)(1), and
(a)(3) are revised to read as follows:
Sec. 218.187 Renewal of Letters of Authorization and adaptive
management.
(a) A Letter of Authorization issued under Sec. 216.106 of this
chapter and Sec. 218.186 for the activity identified in Sec.
218.180(c) will be renewed upon:
(1) Notification to NMFS that the activity described in the
application submitted under Sec. 218.185 will be undertaken and that
there will not be a substantial modification to the desired work,
mitigation, or monitoring undertaken during the upcoming period of
validity;
* * * * *
(3) A determination by NMFS that the mitigation, monitoring and
reporting measures required under Sec. 218.183 and the Letter of
Authorization issued under Sec. 216.106 of this chapter and Sec.
218.186, were undertaken and will be undertaken during the upcoming
period of validity of a renewed Letter of Authorization.
* * * * *
[FR Doc. 2012-1621 Filed 1-31-12; 8:45 am]
BILLING CODE 3510-22-P