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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XN87

# 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.

# SUMMARY:

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to military readiness training activities and research, development, testing and evaluation (RDT&E) to be conducted in the Northwest Training Range Complex (NWTRC) for the period beginning September 2009 and ending September 2014. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing 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 April 10, 2009.

# ADDRESSES:

                        Comments on the application should be addressed to Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225. The mailbox address for providing email comments is                         *PR1.0648-XN87@noaa.gov*. NMFS is not responsible for e-mail comments sent to                               ( print page 10558)                            addresses other than the one provided here. Comments sent via e-mail, including all attachments, must not exceed a 10-megabyte file size.                    

# FOR FURTHER INFORMATION CONTACT:

Jolie Harrison, Office of Protected Resources, NMFS, (301) 713-2289, ext. 166.

# SUPPLEMENTARY INFORMATION:

## Availability

A copy of the Navy's application may be obtained by writing to the address specified above

                    (See                     **ADDRESSES**                    ), telephoning the contact listed above (see                     **FOR FURTHER INFORMATION CONTACT**                    ), or visiting the internet at:                     *http://www.nmfs.noaa.gov/​pr/​permits/​incidental.htm*. The Navy's Draft Environmental Impact Statement (DEIS) for NWTRC was made available to the public on December 26, 2008, and may be viewed at                     *http://www.nwtrangecomplexeis.com/​*. During the initial 45-day public comment period, the Navy hosted five public hearings. The comment period was subsequently extended 30 days and another public hearing was held at an additional location.                

## Background

                    In the case of military readiness activities, 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) if certain findings are made and regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review.                

Authorization for incidental takings may be granted if NMFS finds that the taking will have no more than 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 that the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth.

NMFS has defined “negligible impact” in 50 CFR 216.103 as:

an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.

With respect to military readiness activities, the MMPA defines “harassment” as:

(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild [Level A Harassment]; or (ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered [Level B Harassment].

## Summary of Request

In September, 2008, NMFS received an application from the Navy requesting authorization to take individuals of 32 species of marine mammals (4 pinniped and 28 cetacean) incidental to upcoming training and RDT&E activities to be conducted in the NWTRC (off the coasts of Washington, Oregon, and northern California) over the course of 5 years. These training and RDT&E activities are classified as military readiness activities. The Navy states that these training activities may expose some of the marine mammals present in the area to sound from various mid-frequency and high-frequency active tactical sonar sources or to pressure from underwater detonations. The Navy requests authorization to take individuals of 32 species of marine mammals by Level B Harassment.

## Specified Activities

In the application submitted to NMFS, the Navy requests authorization to take marine mammals incidental to conducting training events and RDT&E utilizing mid- and high frequency active sonar sources and explosive detonations. These sonar and explosive sources will be utilized during Anti-submarine Warfare (ASW) Tracking Exercises, Mine Avoidance Training, Extended Echo Ranging and Improved Extended Echo Ranging (EER/IEER) events, Missile Exercises, Gunnery Exercises, Bombing Exercises, Sinking Exercises, and Mine Warfare Training. Table 1-1 in the application lists the activity types, the equipment and platforms involved, and the duration and potential locations of the activities.

## Information Solicited

                    Interested persons may submit information, suggestions, and comments concerning the Navy's request (see                     **ADDRESSES**                    ). All information, suggestions, and comments related to the Navy's NWTRC request and NMFS' potential development and implementation of regulations governing the incidental taking of marine mammals by the Navy's NWTRC activities will be considered by NMFS in developing, if appropriate, the most effective regulations governing the issuance of letters of authorization.                

Dated: March 6, 2009.

P. Michael Payne,

Chief, Division of Permits, Conservation, and Education, Office of Protected Resources, National Marine Fisheries Service.

[FR Doc. E9-5287 Filed 3-10-09; 8:45 am]

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