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[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11530-11531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5891]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO08

Taking and Importing Marine Mammals; Navy Training and Research, 
Development, Testing, and Evaluation Activities Conducted within the 
Mariana Islands Range Complex

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 military readiness 
training activities and research, development, testing and evaluation 
(RDT&E) to be conducted in the Mariana Islands Range Complex (MIRC) for 
the period beginning December 2009 and ending December 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 
17, 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 [email protected]. NMFS is not 
responsible for e-mail comments sent to 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 MIRC was made available 
to the public on January 30, 2009, and may be viewed at http://www.marianasrangecomplexeis.com/. During the initial 45-day public 
comment period, the Navy hosted four public hearings.

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

[[Page 11531]]

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 August 2008, NMFS received an application from the Navy 
requesting authorization to take individuals of 28 species of marine 
mammals (all cetaceans) incidental to upcoming training and RDT&E 
activities to be conducted in the MIRC over the course of 5 years. The 
Navy provided an addendum to the application in February 2009. NMFS 
subsequently requested additional information, which was received in 
March 2009. 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 active tactical sonar sources or to pressure from 
underwater detonations. The Navy requests authorization to take 
individuals of 28 species of cetaceans by Level B Harassment. Further, 
the Navy requests authorization to take 9 individual beaked whales (of 
any of the following species: Blainville's beaked whale, Cuvier's 
beaked whale, Ginkgo-toothed whale, Longman's beaked whale) and one 
pantropical spotted dolphin by serious injury or mortality over the 
course of the 5-year rule.

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 and Torpedo 
Exercises, ASW Major Exercises (Multi Strike Group Exercises, Joint 
Expeditionary Exercises, and others), Extended Echo Ranging and 
Improved Extended Echo Ranging (EER/IEER) events, Missile Exercises, 
Gunnery Exercises, Bombing Exercises, Sinking Exercises, and 
Demolitions. Table 1-3 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 MIRC 
request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's MIRC activities will be considered by NMFS in developing, if 
appropriate, the most effective regulations governing the issuance of 
letters of authorization.

    Dated: March 12, 2009.
P. Michael Payne,
Chief, Division of Permits, Conservation, and Education, Director, 
Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-5891 Filed 3-17-09; 8:45 am]
BILLING CODE 3510-22-S
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