Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 11067 

environmentalists, and NGO’s; 

International experts; and staff of 

Councils, Commissions, and state and 

federal agencies. 

SEDAR 29 Data/Assessment 

Workshop Schedule: March 19, 2012: 1 

p.m.–8 p.m.; March 20–22, 2012: 8 a.m.– 

8 p.m.; March 23, 2012: 8 a.m.–12 p.m. 

An assessment data set and associated 

documentation will be developed 

during the Workshop. Participants will 

evaluate proposed data and select 

appropriate sources for providing 

information on life history 

characteristics, catch statistics, discard 

estimates, length and age composition, 

and fishery dependent and fishery 

independent measures of stock 

abundance. Using datasets selected, 

participants will develop population 

models to evaluate stock status, estimate 

population benchmarks and 

management criteria, and project future 

conditions. Participants will 

recommend the most appropriate 

methods and configurations for 

determining stock status and estimating 

population parameters. Participants will 

prepare a workshop report, 

documenting the data incorporated and 

all decisions made during the process, 

and complete results of the assessment. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during these meetings. Action 

will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Fishery Conservation and 

Management Act, provided the public 

has been notified of the Council’s intent 

to take final action to address the 

emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to the Council office 

(see ADDRESSES) at least 10 business 

days prior to each workshop. 

Dated: February 21, 2012. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–4292 Filed 2–23–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA912 

Taking and Importing Marine 

Mammals; U.S. Navy Training in the 

Hawaii Range Complex 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of a Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, and 

implementing regulations, notice is 

hereby given that NMFS has issued a 

Letter of Authorization (LOA) to the 

U.S. Navy (Navy) to take marine 

mammals incidental to training and 

research activities conducted within the 

Hawaii Range Complex (HRC) for the 

period of February 9, 2012, through 

January 5, 2014. 

DATES: This Authorization is effective 

from February 9, 2012, through January 

5, 2014. 

ADDRESSES: The LOA and supporting 

documentation may be obtained by 

writing to P. Michael Payne, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910, or by telephoning one of the 

contacts listed here. 

A copy of the application used in this 

document may be obtained by writing to 

the address specified above, telephoning 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT), or 

visiting the internet at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

notice may also be viewed, by 

appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Magliocca, 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 NMFS to 

allow, upon request, the incidental 

taking of marine mammals by U.S. 

citizens who engage in a specified 

activity (other than commercial fishing), 

if certain findings are made by NMFS 

and regulations are issued. Under the 

MMPA, the term ‘‘take’’ means to 

harass, hunt, capture, or kill or to 

attempt to harass, hunt, capture, or kill 

marine mammals. 

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, 

and if the permissible methods of taking 

and requirements pertaining to the 

monitoring and reporting of such taking 

are set forth. 

Regulations governing the taking of 

marine mammals by the Navy incidental 

to training and research activities 

conducted within the Hawaii Range 

Complex (HRC) became effective on 

January 5, 2009 (74 FR 1456, January 12, 

2009). An interim final rule (amending 

regulations to allow for greater 

flexibility in the types and amount of 

sound sources used by the Navy) 

became effective on February 7, 2011 

(76 FR 6699, February 8, 2011), and was 

finalized on February 1, 2012 (77 FR 

4917) in a final rule modification that 

also amended regulations to allow for 

multi-year LOAs. NMFS issued the 

Navy a 1-year LOA on January 10, 2012, 

which is superseded by the 2-year LOA 

detailed in this notice. For more 

information, please refer to those 

documents. These regulations include 

mitigation, monitoring, and reporting 

requirements and establish a framework 

to authorize incidental take through the 

issuance of LOAs. 

Summary of Request 

On August 15, 2011, NMFS received 

a request from the Navy for a 2-year 

renewal of an LOA issued on February 

7, 2011, for the taking of marine 

mammals incidental to training and 

research activities conducted within the 

HRC under regulations issued on 

January 5, 2009 (74 FR 1456, January 12, 

2009). The request also proposed 

additional mitigation measures tailored 

to the use of timed-delay firing devices 

(TDFDs) during mine neutralization 

training to ensure that effects to marine 

mammals resulting from these activities 

would not exceed what was originally 

analyzed in the final rule (74 FR 1456, 

January 12, 2009). The potential effects 

of mine neutralization training on 

marine mammals were comprehensively 

analyzed in the Navy’s 2009 final rule 

and mine neutralization training has 

been included in the specified activity 

in the associated 2009, 2010, and 2011 

LOAs. However, the use of TDFDs and 

the associated mitigation measures had 

not been previously contemplated, 

which is why NMFS provided the 

proposed modifications to the public for 

review. A detailed description of 

TDFDs, underwater detonation training, 

and how the Navy derived their new 


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mitigation measures was provided in 

the proposed LOA (76 FR 71322, 

November 17, 2011) and is not repeated 

here. The Navy has complied with the 

measures required in 50 CFR 216.174 

and 216.175, as well as the associated 

2010 LOA, and submitted the reports 

and other documentation required in 

the final rule and the 2010 LOA. 

Comments and Responses 

NMFS published a notice of receipt 

and request for public comments on 

November 17, 2011 (76 FR 71322). 

During the 30-day public comment 

period, NMFS received comments from 

the Marine Mammal Commission 

(Commission), Cascadia Research 

Collective, and one individual generally 

opposed to Navy activities. Specific 

comments are addressed below. 

Comment 1: The Commission 

recommends that NMFS ensure the 

regulations that govern the taking of 

marine mammals in the HRC are 

amended to allow for multi-year LOAs 

prior to renewing the LOA in question 

for a two-year period. 

Response: The regulations that govern 

the taking of marine mammals in the 

HRC were amended on February 1, 2012 

to allow for multi-year LOAs. 

Comment 2: The Commission 

recommends that NMFS and the Navy 

investigate the underlying cause of the 

high rate of non-compliance with 

TDFDs being used and determine why 

it was not detected earlier. 

Response: The Navy has not violated 

any provisions of their LOAs or rules. 

There were no prohibitions against 

using TDFDs in the earlier LOAs and 

rules issued to the Navy. The use of 

TDFDs was not identified in the Navy’s 

initial LOA application and the 

explosives used in the mine 

neutralization training were treated as 

standard underwater detonations. 

Therefore, the use of TDFDs was not 

analyzed in the rulemaking and 

subsequent LOAs did not explicitly 

prohibit the use of TDFDs. After the 

Silver Strand Training Complex 

incident, the Navy’s internal review of 

mine neutralization training events 

concluded that the original mitigation 

measures could not be effectively 

implemented when using TDFDs. As a 

result, the Navy suspended training 

with TDFDs on April 8, 2011 and 

required the use of ‘‘positive control’’ 

firing devices (with instant detonations) 

to ensure compliance with the 

mitigation measures prescribed in the 

2011 LOA. 

Comment 3: The Commission 

recommends that NMFS and the Navy 

jointly review the full scope of the 

applicable regulations and LOAs to 

ensure that the responsible Navy 

officials are aware of, understand, and 

are in compliance with all mitigation, 

monitoring, and reporting requirements. 

Response: NMFS and the Navy 

worked together closely to develop all 

mitigation, monitoring, and reporting 

measures for the Navy’s MMPA 

authorizations and regulations 

applicable to military readiness 

activities. The mitigation, monitoring, 

and reporting measures set forth are still 

considered to provide the best 

practicable protection to marine 

mammals. 

Comment 4: The Commission 

recommends that NMFS require the 

Navy to conduct empirical sound 

propagation measurements to verify the 

adequacy of the sizes of the exclusion 

zones for 5-, 10-, and 20-lb charges and 

to expand those zones and the buffer 

zones derived from those zones as 

necessary. 

Response: In 2002, the Navy 

conducted empirical measurements of 

underwater detonations at San Clemente 

Island and at the SSTC in California. 

During these tests, 2-lb and 15-lb net 

explosive weight charges were placed at 

6 and 15 feet of water and peak 

pressures and energies were measured 

for both bottom placed detonations and 

detonations off the bottom. The Navy 

found that, generally, empirically 

measured single-charge underwater 

detonations were similar to or less than 

propagation model predictions (DoN 

2006). 

In 2009, 2010, and 2011, the Navy 

embarked marine mammal observers 

and conducted visual surveys in the 

HRC during several mine neutralization 

training events as part of its marine 

mammal monitoring program (see 

Navy’s HRC annual monitoring reports 

for further details: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications). The Navy 

will explore the value of adding field 

measurements during monitoring of a 

future mine neutralization event after 

evaluating the environmental variables 

affecting sound propagation in the area 

(e.g., shallow depths, seasonal 

temperature variation, bottom sediment 

composition). If such data can be 

collected without unreasonable costs 

and impacts to training, the Navy will 

begin incorporating the measurements 

into the monitoring program for mine 

neutralization training in the HRC. 

Comment 5: The Commission 

recommends that NMFS require the 

Navy to re-estimate the buffer zone sizes 

using the mean average swim speeds, 

plus at least one standard deviation for 

marine mammals that inhabit the 

shallow-water areas where TDFDs 

would be used. 

Response: NMFS disagrees that the 

buffer zone sizes need to be reestimated. The buffer zones already 

account for swim speeds above 3 knots 

by including at least an additional 200 

yards when practicable. NMFS believes 

that there is a very low likelihood of an 

animal entering the buffer zone during 

the brief amount of time that exposure 

may occur without being detected. 

Given the Navy’s available resources, 

and considering the small size of boats 

typically used for monitoring, the 

proposed buffer zones are the maximum 

distances that can be effectively 

monitored. Due to the type of training 

required during the use of TDFDs, the 

Navy has limited survey vessels and 

manpower available for monitoring. 

Scheduling additional vessels and crews 

would degrade the overall training 

readiness of the other unit(s) involved. 

If the Navy adopted a more 

precautionary swim speed and 

implemented larger buffer zones, 

surveillance resources could not be 

increased and the same number of boats 

would be spread out over a larger area, 

diluting the Navy’s ability to effectively 

monitor the buffer zone. 

It is worth noting that even in the 

absence of mitigation, the Navy’s 

modeling suggests that zero animals are 

likely to randomly enter the safety 

radius in the small amount of times that 

the detonations actually occur. It is 

unlikely that an animal will swim into 

the zone during the brief amount of time 

that it might be exposed to a detonation 

without being detected by the multiple 

boats circling the detonation area and 

observing the buffer zone. 

Comment 6: The Commission 

recommends that NMFS consider 

whether modifications to the LOAs 

alone are sufficient to satisfy the 

requirements of the MMPA and provide 

a thorough explanation of its rationale 

in the Federal Register notice taking 

final action on the proposed 

modifications, if it believes that 

regulatory modifications are not needed. 

Response: The amount of incidental 

harassment authorized in the 

regulations governing mine 

neutralization in the HRC was based on 

thorough analyses and assessment of the 

Navy’s activities and marine mammal 

distribution and occurrence in the 

vicinity of the action area. The 

estimated exposures are based on the 

probability of animals being present in 

the area when a training event is 

occurring, and this probability does not 

change based on the use of TDFDs or 

implementation of mitigation measures 

(i.e., the exposure model does not 


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account for how the charge is initiated 

and assumes no mitigation is being 

implemented). The amount of 

harassment currently authorized and 

NMFS’ determination of negligible 

impact on the stock already assume a 

conservative estimate of potential 

harassment for these events. The 

enhanced mitigation measures for the 

use of TDFDs are expected to balance 

the potential additional risks that may 

rise from the Navy using TDFDs during 

mine neutralization training. The 

potential effects to marine mammal 

species and stocks as a result of the 

proposed mine neutralization training 

activities are the same as those analyzed 

in the final rule governing the incidental 

takes for these activities. In summary, 

the take limits are not expected to be 

exceeded with the use of TDFDs, but the 

additional mitigation and monitoring 

measures should offset the potential 

risks of using TDFDs. Consequently, 

NMFS believes that the take estimates 

analyzed in the existing final rule do not 

change as a result of the Navy using 

TDFDs and further revisions to the final 

rule are not warranted. 

Comment 7: Regarding the proposed 

listing of the insular stock of false killer 

whales, the Commission recommends 

that the Navy enter into a conference 

pursuant to 50 CFR 402.10 and consider 

requesting that the conference follow 

formal consultation procedures. 

Response: A ‘‘conference’’ is designed 

to assist the NMFS Endangered Species 

Act Interagency Cooperation Division 

and any applicant in identifying and 

resolving potential conflicts at an early 

stage in the planning process. The Navy 

has requested initiation of formal 

conference with NMFS for the effect of 

Navy training activities in the HRC on 

Hawaii insular false killer whales. 

Comment 8: The Cascadia Research 

Collective points out that since the HRC 

rulemaking was issued, multiple stocks 

within the HRC have been designated 

for three species. Separate islandassociated populations are now 

recognized for common bottlenose and 

spinner dolphins and two stocks are 

designated for false killer whales. The 

Cascadia Research Collective 

recommends that potential impacts of 

takes be reanalyzed on a stock-by-stock 

basis, taking into account the spatial 

bias of Navy activities within the HRC. 

Response: Since 2009, multiple stocks 

of bottlenose dolphin (Hawaii Pelagic; 

Kauai and Niihau; Oahu; 4–Island 

Region; and Hawaii Island), spinner 

dolphin (Hawaii Pelagic; Hawaii Island; 

Oahu and 4–Island Region; Kauai and 

Niihau; Kure and Midway; Pearl and 

Hermes Reef), and false killer whale 

(Pelagic and Insular) have been 

designated. The Navy has been working 

with NMFS’ science centers to evaluate 

potential methods for estimating 

impacts on a stock-by-stock basis. 

Current abundance data for common 

bottlenose dolphins does not allow for 

stock-by-stock analysis because of 

limited surveys and small sample sizes. 

There are currently no abundance 

estimates available for the six individual 

spinner dolphin stocks, so the status of 

all stocks has been combined when 

evaluating this species for management 

purposes. The Navy has, however, 

developed an approach to evaluate 

potential impacts on each of the two 

stocks of false killer whales. 

NMFS currently recognizes two stocks 

of false killer whale in Hawaiian waters: 

The Hawaii pelagic and the Hawaii 

insular stocks (Fornet et al. 2010; 

Oleson et al. 2010; Caretta et al. 2011). 

NMFS considers all false killer whales 

within 40 km (22 nm) of the Hawaiian 

Islands as belonging to the insular stock, 

all false killer whales beyond 140 km 

(76 nm) as belonging to the pelagic 

stock, and notes that the two stocks 

overlap between the 40 km and 140 km 

boundaries. This 100-km (54 nm) 

overlap area is approximately where the 

majority of Navy training and testing 

has historically occurred. Since the 

Navy anticipates that both populations 

of false killer whales may be equally 

encountered during Navy training in the 

HRC, NMFS and the Navy agreed that it 

is reasonable to treat both populations 

equally when estimating take. The Navy 

derived take numbers for each stock 

based on the best estimates of 

population size in the 2011 Pacific 

Stock Assessment Report. Population 

estimates were used in the analysis 

because the Navy’s activities potentially 

overlap with each stock’s entire range. 

The Navy’s current 2-year LOA 

authorizes 102 Level B harassments of 

false killer whales between January 15, 

2012 and January 5, 2014 (an annual 

average of 51 animals). The Navy’s new 

analysis resulted in an annual estimated 

13 Level B harassments of false killer 

whales from the insular stock (the 

insular stock population is 26 percent of 

the total false killer whale population; 

26 percent of 51 authorized takes = 13) 

and 38 Level B harassments of false 

killer whales from the pelagic stock (the 

pelagic stock population is 74 percent of 

the total false killer whale population; 

74 percent of 51 authorized takes = 38). 

NMFS will issue a new LOA specifying 

the amount of authorized take for each 

stock. 

Summary of Activity Under the 2010 

LOA 

As described in the Navy’s exercise 

reports (both classified and 

unclassified), in 2010, the training 

activities conducted by the Navy were 

within the scope and amounts 

authorized by the 2010 LOA and the 

levels of take remain within the scope 

and amounts contemplated by the final 

rule. The Navy conducted the 

monitoring required by the 2011 LOA 

and described in the Monitoring Plan, 

which included aerial and vessel 

surveys of sonar and explosive exercises 

by dedicated MMOs, as well as 

deploying acoustic recording devices 

and tagging marine mammals. The Navy 

submitted their 2011 Monitoring Report, 

which is posted on NMFS’ Web site 

(http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications), within 

the required timeframe. The Navy 

included a summary of the 2011 

monitoring effort and results and the 

specific reports for each individual 

effort are presented in the appendices. 

Because data is gathered through August 

1 and the report is due in October, some 

of the data analysis will occur in the 

subsequent year’s report. 

Modifications to Mitigation and 

Monitoring Measures Related to Mine 

Neutralization Training 

NMFS worked with the Navy to 

develop a series of modifications to the 

Navy’s mitigation measures to minimize 

the risk of injury and mortality to 

marine mammals during the use of 

TDFDs. The following modifications are 

specific to mine neutralization training 

events conducted within HRC: 

Mitigation Measures for Underwater 

Detonations Using Positive Control 

(RFDs) 

1. Underwater detonations using 

positive control devices will only be 

conducted during daylight hours. 

2. A mitigation zone of 700 yd will be 

established around each underwater 

detonation point. 

3. A minimum of two boats will be 

deployed. One boat will act as an 

observer platform, while the other boat 

will typically provide diver support. 

4. Two observers with binoculars on 

one small vessel will survey the 

detonation area and the mitigation zone 

for marine mammals beginning at least 

30 min prior to the scheduled explosive 

event and lasting until at least 30 min 

following detonation. 

5. In addition to the dedicated 

observers, all divers and boat operators 

engaged in detonation events can 

potentially monitor the area 


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immediately surrounding the point of 

detonation for marine mammals. 

6. If a marine mammal is sighted 

within the 700-yd mitigation zone or 

moving towards it, underwater 

detonation events will be suspended 

until the marine mammal has 

voluntarily left the area and the area is 

clear of marine mammals for at least 30 

min. 

7. Immediately following the 

detonation, visual monitoring for 

marine mammals within the mitigation 

zone will continue for 30 min. Any 

marine mammal observed after the 

underwater detonation either injured or 

exhibiting signs of distress will be 

reported via Navy operational chain of 

command to Navy environmental 

representatives from U.S. Pacific Fleet, 

Environmental Office. Using Marine 

Mammal Stranding communication 

trees and contact procedures established 

for the HRC, the Navy will report these 

events to the Stranding Coordinator of 

NMFS’ Pacific Islands Regional Office. 

These reports will contain the date and 

time of the sighting, location, species 

description, and indication of the 

animal’s status. 

Mitigation Measures for Underwater 

Detonations Using TDFDs 

The Navy’s mitigation zones will be 

divided into three distances to further 

minimize risk of marine mammal injury 

or mortality and to achieve a more 

practical execution of mitigation 

measures. The Navy will divide the 

span of training events into those 

requiring a 1,000-yd buffer zone (2 

boats) and those requiring a 1,400-yd or 

greater buffer zone (2 boats and 1 

helicopter). This was determined by 

rounding the Navy-modeled 

‘‘underwater zones of influence’’ to the 

appropriate range category (1,000, 1,400, 

and 1,500) (Table 1). Training events 

requiring a 1,000-yd buffer zone would 

utilize a minimum of two boats for 

monitoring purposes. Training events 

requiring a 1,400 or 1,500-yd buffer 

zone would use a minimum of three 

boats or two boats and one helicopter 

for monitoring purposes. See the 

proposed LOA (76 FR 71322, November 

17, 2011) for a more detailed description 

of how the Navy developed the new 

buffer zones. The mitigation measures 

for underwater detonations using 

TDFDs are summarized below. 

TABLE 1—MITIGATION ZONE RADII FOR TDFDS BASED ON SIZE OF CHARGE AND LENGTH OF TIMED-DELAY. 

Charge weight (lb) 

Timed-delay 

5 min 6 min 7 min 8 min 9 min 10 min 

5 ............................................................... 1,000 yd 1,000 yd 1,000 yd 1,000 yd 1,400 yd 1,400 yd 

10 ............................................................. 1,000 yd 1,000 yd 1,000 yd 1,400 yd 1,400 yd 1,400 yd 

15–29 ....................................................... 1,000 yd 1,000 yd 1,400 yd 1,400 yd 1,500 yd 1,500 yd 

1,400 and 1,500 yd = minimum of three observation boats or two boats and one helicopter. 

1. Underwater detonations using 

TDFDs will only be conducted during 

daylight hours. 

2. Time-delays longer than 10 min 

will not be used. The initiation of the 

device will not start until the 

appropriate mitigation area is clear for 

a full 30 min prior to initiation of the 

timer. 

3. A monitoring/mitigation zone will 

be established around each underwater 

detonation location, as indicated in 

Table 1, based on charge weight and 

length of time-delay used. When 

conducting surveys, boats will position 

themselves near the mid-point of the 

mitigation zone radius (but always 

outside the detonation plume/human 

safety zone) and travel in a circular 

pattern around the detonation location, 

surveying both the inner and outer 

areas. To the best extent practical, boats 

will try to maintain a 10-knot search 

speed to ensure adequate coverage of 

the mitigation zone. However, weather 

conditions and sea states may require 

slower speeds in some instances. 

4. TDFD detonations with a mitigation 

zone of 1,000 yd: 

• A minimum of two boats will be 

used to survey for marine mammals at 

a distance of 1,000 yd. 

• Each boat will be positioned on 

opposite sides of the detonation 

location, separated by 180 degrees. 

5. TDFD detonations with a mitigation 

zone of ≥1,400 yd: 

• A minimum of three boats or two 

boats and one helicopter will be used to 

survey at distances ≥1,400 yd. 

• When using at least three boats, 

each boat will be positioned equidistant 

from one another (120 degrees 

separation for three boats, 90 degrees 

separation for four boats, etc.) 

• A helicopter, if available, can be 

used in lieu of one of the required boats. 

A helicopter search pattern is dictated 

by standard Navy protocols and 

accounts for multiple variables, such as 

the size and shape of the search area, 

size of the object being searched for, and 

local environmental conditions. 

6. Two dedicated observers in each 

boat will conduct continuous visual 

surveys of the monitoring zone for the 

duration of the training event. 

7. Monitoring zones will be surveyed 

beginning 30 min prior to detonation 

and for 30 min after detonation. 

8. Other personnel besides boat 

observers may also maintain situational 

awareness of marine mammal presence 

within the monitoring zones to the best 

extent practical, given dive safety 

considerations. Divers placing the 

charges on mines will observe the 

immediate underwater area around a 

detonation site for marine mammals and 

report sightings to surface observers. 

9. If a marine mammal is sighted 

within an established mitigation zone or 

moving towards it, underwater 

detonation events will be suspended 

until the marine mammal voluntarily 

leaves the area and the area is clear of 

marine mammals for at least 30 min. 

10. Immediately following the 

detonation, visual monitoring for 

affected marine mammals within the 

monitoring zone will continue for 30 

min. 

11. Any marine mammal observed 

after an underwater detonation either 

injured or exhibiting signs of distress 

will be reported via Navy operational 

chain of command to Navy 

environmental representatives from U.S. 

Pacific Fleet, Environmental Readiness 

Office. Using Marine Mammal Stranding 

communication trees and contact 

procedures established for the HRC, the 

Navy will report these events to the 

Stranding Coordinator of NMFS’ Pacific 

Islands Regional Office. These reports 

will contain the date and time of the 

sighting, location, species description, 

and indication of the animal’s status. 

Take Estimates 

The additional mitigation and 

monitoring measures mentioned above 

will increase the buffer zone to account 

for marine mammal movement and 

increase marine mammal visual 

monitoring efforts to ensure that no 


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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices 11071 

marine mammal will be in a zone where 

injury and/or mortality could occur as a 

result of time-delayed detonation. 

Furthermore, the estimated exposures 

are based on the probability of the 

animals occurring in the area when a 

training event is occurring, and this 

probability does not change based on 

the use of TDFDs or implementation of 

mitigation measures (i.e., the exposure 

model does not account for how the 

charge is initiated and assumes no 

mitigation is being implemented). The 

potential effects to marine mammal 

species and stocks as a result of the 

proposed mine neutralization training 

activities are the same as those analyzed 

in the final rule governing the incidental 

takes for these activities. Consequently, 

NMFS believes that the take estimates 

analyzed in the existing final rule do not 

change as a result of the modified LOA 

which includes mine neutralization 

training activities using TDFDs. 

Analysis and Negligible Impact 

Determination 

Pursuant to NMFS’ regulations 

implementing the MMPA, an applicant 

is required to estimate the number of 

animals that would be ‘‘taken’’ by the 

specified activities (for example, takes 

by harassment or injury). This estimate 

informs the analysis that NMFS must 

perform to determine whether the 

activity would have a ‘‘negligible 

impact’’ on the species or stock. Level 

B (behavioral) harassment occurs at the 

level of the individual(s) and does not 

assume any resulting population-level 

consequences, though there are known 

avenues through which behavioral 

disturbance of individuals can result in 

population-level effects. A negligible 

impact finding is based on the lack of 

likely adverse effects on annual rates of 

recruitment or survival (populationlevel effects). An estimate of the number 

of Level B harassment takes, alone, is 

not enough information on which to 

base an impact determination. In 

addition to considering estimates of the 

number of marine mammals that might 

be ‘‘taken’’ through behavioral 

harassment, NMFS must consider other 

factors, such as the likely nature of any 

responses (their intensity, duration, 

etc.), the context of any responses 

(critical reproductive time or location, 

migration, etc.), or any other variables 

(if known), as well as the number and 

nature of estimated Level A takes, the 

number of estimated mortalities, and 

effects on habitat. 

Based on the analysis of the potential 

impacts from the proposed mine 

neutralization training exercises 

conducted within the HRC, which 

includes the modification of marine 

mammal monitoring and mitigation 

measures intended to minimize the risk 

of exposure to explosive detonations 

during the use of TDFDs, NMFS has 

determined that the modification of the 

Navy’s LOA to include taking of marine 

mammals incidental to mine 

neutralization training using TDFDs will 

have a negligible impact on the marine 

mammal species and stocks present in 

the action area, provided that the 

additional mitigation and monitoring 

measures described above are 

implemented. 

Endangered Species Act (ESA) 

There are seven marine mammal 

species listed as threatened or 

endangered under the ESA with 

confirmed or possible occurrence in the 

HRC: blue whale (Balaenoptera 

musculus), north Pacific right whale 

(Eubalaena japonica), humpback whale 

(Megaptera novaeangliae), sei whale 

(Balaenoptera borealis), fin whale 

(Balaenoptera physalus), sperm whale 

(Physeter macrocephalus), and 

Hawaiian monk seal (Monachus 

schauinslandi). Pursuant to section 7 of 

the ESA, NMFS has consulted internally 

on the issuance of the modified LOA 

under section 101(a)(5)(A) of the MMPA 

for these activities. Consultation was 

concluded on January 10, 2012. 

National Environmental Policy Act 

(NEPA) 

NMFS participated as a cooperating 

agency on the Navy’s Final 

Environmental Impact Statement (FEIS) 

for the HRC. NMFS subsequently 

adopted the Navy’s FEIS for the purpose 

of complying with the MMPA. NMFS 

has determined that there are no 

changes in the potential effects to 

marine mammal species and stocks as a 

result of the mine neutralization 

training events using TDFDs. Therefore, 

no additional NEPA analysis is required 

and the information in the existing FEIS 

remains sufficient. 

Authorization 

NMFS has determined that the marine 

mammal takes resulting from the 2011 

military readiness training and research 

activities falls within the levels 

previously anticipated, analyzed, and 

authorized. Further, the level of taking 

authorized in 2012 and 2013 for the 

Navy’s HRC training and research 

activities is consistent with our previous 

findings made for the total taking 

allowed under the HRC regulations. 

Finally, the record supports NMFS’ 

conclusion that the total number of 

marine mammals taken by the 2012 and 

2013 HRC activities 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 a 2-year LOA for Navy 

training and research activities 

conducted in the HRC from January 15, 

2012, through January 5, 2014. 

Dated: February 17, 2012. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–4340 Filed 2–23–12; 8:45 am] 

BILLING CODE 3510–22–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Additions and 

Deletions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Additions to and Deletions from 

the Procurement List. 

SUMMARY: This action adds services to 

the Procurement List that will be 

provided by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities, and 

deletes products and services from the 

Procurement List previously furnished 

by such agencies. 

DATES: Effective Date: 3/26/2012. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, Jefferson Plaza 2, Suite 10800, 

1421 Jefferson Davis Highway, 

Arlington, Virginia 22202–3259. 

FOR FURTHER INFORMATION CONTACT: 

Barry S. Lineback, Telephone: (703) 

603–7740, Fax: (703) 603–0655, or email 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Additions 

On 12/23/2011 (76 FR 80346); 12/30/ 

2011 (76 FR 82282–82283); and 1/6/ 

2012 (77 FR 780), the Committee for 

Purchase From People Who Are Blind 

or Severely Disabled published notices 

of proposed additions to the 

Procurement List. 

After consideration of the material 

presented to it concerning capability of 

qualified nonprofit agencies to provide 

the services and impact of the additions 

on the current or most recent 

contractors, the Committee has 

determined that the services listed 

below are suitable for procurement by 

the Federal Government under 41 U.S.C. 

8501–8506 and 41 CFR 51–2.4. 


srobinson on DSK4SPTVN1PROD with NOTICES