[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Page 51969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21225]
[[Page 51969]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC185
Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to 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; issuance of four 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 four 1-year Letters of Authorization (LOAs) to
take marine mammals by harassment incidental to the U.S. Navy's
operation of Surveillance Towed Array Sensor System Low Frequency
Active (SURTASS LFA) sonar operations to the Chief of Naval Operations,
Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350 and
persons operating under his authority.
DATES: Effective from August 15, 2012, through August 14, 2013.
ADDRESSES: Electronic copies of the Navy's April 19, 2012, LOA
application letter and the LOAs are available by writing to P. Michael
Payne, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910-3225, 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: Jeannine Cody, Office of Protected
Resources, NMFS (301) 427-8401.
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 operation of SURTASS LFA sonar were effective on August
15, 2012 (77 FR 50290, August 20, 2012) and remain in effect through
August 15, 2017. They are codified at 50 CFR part 218 subpart X. These
regulations include mitigation, monitoring, and reporting requirements
for the incidental taking of marine mammals by the SURTASS LFA sonar
system. For detailed information on this action, please refer to the
August 20, 2012 Federal Register document and 50 CFR part 218 subpart
X.
Summary of LOA Request
NMFS received an application from the U.S. Navy for four LOAs, one
covering the USNS VICTORIOUS (T-AGOS 19), one covering the USNS ABLE
(T-AGOS 20), one covering the USNS EFFECTIVE (T-AGOS 21), and one
covering the USNS IMPECCABLE (T-AGOS 23), under the regulations
effective on August 15, 2012 (77 FR 50290, August 20, 2012). The Navy
requested that these LOAs become effective on August 15, 2012. The
application requested authorization, for a period not to exceed one
year, to take, by harassment, marine mammals incidental to employment
of the SURTASS LFA sonar system for training, testing and routine
military operations on the aforementioned ships in areas of the Pacific
Ocean, as described in the 2012 regulations.
Monitoring and Reporting
In compliance with NMFS' 2007 SURTASS LFA sonar regulations which
expired on August 15, 2007, the Navy submitted a comprehensive report
on SURTASS LFA sonar operations and the mitigation and monitoring
activities conducted under the LOAs issued under its previous rule for
the 2007 through 2012 period. A copy of this report can be viewed and/
or downloaded at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Based on this report and other annual and
comprehensive reports, the Navy has conducted the specified activities
in the manner described in the regulations and LOAs, and has
implemented the required mitigation and monitoring measures.
Additionally, marine mammal detections and behavioral observations
suggest that the actual impacts of SURTASS LFA sonar operation and
training fall within the scope and nature of those analyzed and
anticipated by the regulations and LOAs.
In accordance with the current SURTASS LFA sonar regulations (50
CFR 218.230), the Navy must submit quarterly mitigation monitoring
reports; annual reports; and a 5-year comprehensive report. Under the
previous two rulemakings, the Navy has not exceeded the take authorized
by NMFS. Upon receipt, NMFS will post this annual report at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Authorization
NMFS has issued four LOAs to the U.S. Navy, authorizing the
incidental harassment of marine mammals, incidental to operating the
four SURTASS LFA sonar systems for routine training, testing and use
during military operations. Issuance of these four LOAs is based on
findings, described in the preamble to the final rule (77 FR 50290,
August 20, 2012) and supported by information contained in the Navy's
required reports on SURTASS LFA sonar, that the activities described
under these four LOAs will have no more than a negligible impact on
marine mammal stocks and will not have an unmitigable adverse impact on
the availability of the affected marine mammal stocks for subsistence
uses.
These LOAs remain valid through August 14, 2013, provided the Navy
remains in conformance with the conditions of the regulations and the
LOAs, and the mitigation, monitoring, and reporting requirements
described in 50 CFR 218.230 through 218.241 (77 FR 50290, August 20,
2012) and in the LOAs are undertaken.
Dated: August 23, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-21225 Filed 8-27-12; 8:45 am]
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