80 FR 21212 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Marine Corps Training Exercises at Brant Island Bombing Target and Piney Island Bombing Range, USMC Cherry Point Range Complex, North Carolina

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 74 (April 17, 2015)

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the U.S. Marine Corps (Marine Corps) to take marine mammals, by harassment, incidental to training operations at the Brant Island Bombing Target (BT-9) and Piney Island Bombing Range (BT-11) located within the Marine Corps' Cherry Point Range Complex in Pamlico Sound, NC.

[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21212-21213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08841]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD789


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Marine Corps Training Exercises at Brant Island 
Bombing Target and Piney Island Bombing Range, USMC Cherry Point Range 
Complex, North Carolina

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, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the U.S. Marine 
Corps (Marine Corps) to take marine mammals, by harassment, incidental 
to training operations at the Brant Island Bombing Target (BT-9) and 
Piney Island Bombing Range (BT-11) located within the Marine Corps' 
Cherry Point Range Complex in Pamlico Sound, NC.

DATES: Effective from March 13, 2015, through March 12, 2020.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to Jolie Harrison, Division Chief, Permits and Conservation 
Division, Office of Protected Resources, NMFS, 1315 East West-Highway, 
Silver Spring, MD 20910, calling the contact listed under FOR FURTHER 
INFORMATION CONTACT, or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm.Documents cited in 
this notice may also be viewed, by appointment, during regular business 
hours at the above 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 (Secretary) to allow, upon request, the 
incidental, but not intentional taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and regulations are issued. Under the MMPA, the term

[[Page 21213]]

``take'' means to harass, hunt, capture, or kill or to attempt to 
harass, hunt, capture, or kill any marine mammal.
    Authorization for incidental takings may 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 certain 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.''
    The National Defense Authorization Act of 2004 (NDAA) (Pub. L. 108-
136) removed the ``small numbers'' and ``specified geographical 
region'' limitations and amended the definition of ``harassment'' as it 
applies to a ``military readiness activity'' to read as follows 
(Section 3(18)(B) of the MMPA): ``(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].'' Because the Marine Corps' 
activities constitute military readiness activities, they are not 
subject to the small numbers or specified geographic region 
limitations.
    NMFS issued regulations governing the take of one species of marine 
mammal, by Level A and Level B harassment, incidental to training 
activities on March 13, 2015. These regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during the specified activities.
    This LOA is effective from March 13, 2015, through March 12, 2020, 
and authorizes the incidental take of bottlenose dolphins that may 
result from the training exercises occurring at the BT-9 and BT-11 
bombing targets located within the Marine Corps' Cherry Point Range 
Complex in Pamlico Sound, NC.
    The Marine Corps would conduct weapons delivery training exercises 
(air-to-surface and surface-to-surface) at the two water-based bombing 
targets located within the Cherry Point Range Complex in North 
Carolina. The military readiness activities would occur between March 
2015 and March 2020, year-round, day or night. The Marine Corps 
proposes to use small arms, large arms, bombs, rockets, grenades, and 
pyrotechnics for the air-to-surface and surface-to-surface training 
exercises, which qualify as military readiness activities. NMFS 
anticipates that take, by Level B (behavioral) and Level A harassment 
of individuals of Atlantic bottlenose dolphin (Tursiops truncatus) 
would result from the training exercises. The noise generated by the 
Marine Corps' activities would result in the incidental harassment of 
bottlenose dolphins, both behaviorally and in terms of physiological 
(auditory) impacts.
    Take of marine mammals will be minimized through the implementation 
of the following mitigation and monitoring measures:
     Required pre- and post-exercise monitoring of the training 
areas to detect the presence of marine mammals during training 
exercises.
     Required monitoring of the training areas during active 
training exercises with required suspensions/delays of training 
activities if a marine mammal enters within any of the designated 
mitigation zones.
     Required reporting of stranded or injured marine mammals 
in the vicinity of the BT-9 and BT-11 bombing targets located within 
the Marine Corps' Cherry Point Range Complex in Pamlico Sound, North 
Carolina to the NMFS Marine Mammal Stranding Network.
     Required research on a real-time acoustic monitoring 
system to automate detection of bottlenose dolphins in the training 
areas.
    Through this LOA, the Marine Corps is required to monitor for 
marine mammals and submit an annual report to NMFS by June 1, annually. 
The report will include data collected from the monitoring program. 
Additional information on the mitigation, monitoring, and reporting 
requirements can be found in the final rule (80 FR 13264, March 13, 
2015). The Marine Corps is also required to submit a comprehensive 
report, which shall provide full documentation of methods, results, and 
interpretation of all monitoring during the period of effectiveness of 
this LOA.
    This Authorization remains valid through March 12, 2020 provided 
the Marine Corps remains in conformance with the conditions of the 
regulations and the LOA, and the mitigation, monitoring, and reporting 
requirements described in 50 CFR 218.240 through 218.249 and the LOA 
are implemented.

     Dated: April 13, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-08841 Filed 4-16-15; 8:45 am]
 BILLING CODE 3510-22-P