[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Notices]
[Pages 4673-4674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01724]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BD89
Takes of Marine Mammals Incidental to Specified Activities; U.S.
Navy Training and Testing Activities in the Northwest Training and
Testing Study Area
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 marine mammals incidental to the training and
testing activities conducted in the Northwest Training and Testing
(NWTT) Study Area from October 2015 through October 2020. Pursuant to
the Marine Mammal Protection Act (MMPA), NMFS announces our receipt of
the Navy's request for the development and implementation of
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 February
28, 2014.
ADDRESSES: Comments on the application should be addressed to Michael
Payne, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910-3225. The mailbox address for providing email
comments is [email protected]. NMFS is not responsible for email
comments sent to addresses other than the one provided here. Comments
sent via email, 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 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.
A copy of the Navy's application may be obtained by visiting the
Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The
Navy's Draft Environmental Impact Statement (DEIS) for NWTT was made
available to the public on January 17, 2014. A 60-day public comment
period is open through March 18, 2014. Documents cited in this notice
may also be viewed, by appointment, during regular business hours, at
the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Brian D. Hopper, 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 to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by United States citizens who engage in a specified activity
(other than commercial fishing) within a specific geographical region
if certain findings are made and either regulations are issued or, if
the taking is limited to harassment, a 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 takings
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 stock in the wild [Level A
Harassment]; or (ii) any act that disturbs or is likely to disturb a
marine mammal or marine mammal
[[Page 4674]]
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 December 18, 2013, NMFS received an application from the Navy
requesting a Letters of Authorization (LOA) for the take of 29 species
of marine mammals incidental to Navy training and testing activities to
be conducted in the NWTT Study Area over 5 years. The Navy is
requesting a 5-year LOA for training and testing activities to be
conducted from 2015 through 2020. The Study Area includes the existing
Northwest Training Range Complex, the Keyport Range Complex, Carr Inlet
Operations Area, Southeast Alaska Acoustic Measurement Facility
(SEAFAC), and Navy pierside locations where sonar maintenance or
testing may occur (see Figure 1-1 of the Navy's application for a map
of the NWTT Study Area). The activities conducted within the NWTT Study
Area are classified as military readiness activities. The Navy states
that these activities may expose some of the marine mammals present
within the NWTT Study Area to sound from underwater acoustic sources
and explosives. In addition, incidental takes of marine mammals may
occur from ship strike. The Navy is requesting authorization to take 29
marine mammal species by Level B (behavioral) harassment; 9 of those
marine mammal species may be taken by injury or mortality.
Description of the Specified Activity
In the application submitted to NMFS, the Navy requests
authorization to take marine mammals incidental to conducting the
following training and testing activities: Anti-surface warfare; anti-
submarine warfare; mine warfare; naval special warfare; major training
activities; Naval Air Systems Command (NAVAIR) testing; anti-surface
warfare testing; anti-submarine warfare testing; Naval Sea Systems
Command (NAVSEA) testing; and Office of Naval Research (ONR) and Naval
Research Laboratory (NRL) testing. Detailed descriptions of these
activities, including duration, location, and equipment involved, are
provided in the Navy's application. The Navy has also prepared a Draft
Environmental Impact Statement (DEIS) analyzing the effects on the
human environment of implementing their preferred alternative (among
others).
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). All input
related to the Navy's NWTT request and NMFS' role in governing the
incidental taking of marine mammals will be considered by NMFS when
developing, if appropriate, the most effective regulations governing
the issuance of a Letter of Authorization.
Dated: January 24, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-01724 Filed 1-28-14; 8:45 am]
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