80_FR_48451 80 FR 48296 - Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar

80 FR 48296 - Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48296-48298
FR Document2015-19769

In accordance with regulations issued under the Marine Mammal Protection Act, as amended, we hereby give notification that we, the National Marine Fisheries Service (NMFS), have issued four 1-year Letters of Authorization (Authorizations) to the U.S. Navy (Navy) to take marine mammals by harassment incidental to their military readiness activities associated with the routine training, testing, and military operations of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar within the northwest Pacific Ocean and the north-central Pacific Ocean.

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015)
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48296-48298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19769]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE071


Taking and Importing Marine Mammals: Taking Marine Mammals 
Incidental to Navy Operations of Surveillance Towed Array Sensor System 
Low Frequency Active Sonar

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of four Letters of Authorization.

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

SUMMARY: In accordance with regulations issued under the Marine Mammal 
Protection Act, as amended, we hereby give notification that we, the 
National Marine Fisheries Service (NMFS), have issued four 1-year 
Letters of Authorization (Authorizations) to the U.S. Navy (Navy) to 
take marine mammals by harassment incidental to their military 
readiness activities associated with the routine training, testing, and 
military operations of Surveillance Towed Array Sensor System Low 
Frequency Active (SURTASS LFA) sonar within the northwest Pacific Ocean 
and the north-central Pacific Ocean.

DATES: These Authorizations are effective from August 15, 2015, through 
August 14, 2016.

ADDRESSES: Electronic copies of the Navy's March 31, 2015, application 
letter and the Authorizations are available by writing to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3225, by telephoning the contact listed here 
(See FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass. The

[[Page 48297]]

public may view the documents cited in this notice, by appointment, 
during regular business hours, at the aforementioned 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 Marine Mammal Protection Act (MMPA; 16 
U.S.C. 1361 et seq.) directs the Secretary of Commerce to allow, upon 
request, the incidental, but not intentional taking of marine mammals 
by U.S. citizens if certain findings are made 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. We, NMFS, have been delegated the authority to issue such 
regulations and Authorizations.
    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].''
    Authorization may be granted for periods of 5 years or less if we 
find that the total taking will have a negligible impact on the 
affected species or stock(s) and will not have an unmitigable adverse 
impact on the availability of the species or stock(s) for taking for 
certain subsistence uses. In addition, we must prescribe regulations 
that include permissible methods of taking and other means effecting 
the least practicable adverse impact on the species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of the species 
or stocks for taking for subsistence uses. The regulations also must 
include requirements pertaining to the monitoring and reporting of such 
taking.
    Regulations governing the taking of marine mammals incidental to 
the Navy's routine training, testing, and military operations of 
SURTASS LFA sonar are in effect through August 15, 2017 (77 FR 50290, 
August 20, 2012) and are codified at 50 CFR part 218, subpart X. These 
regulations include mitigation, monitoring, and reporting requirements 
for the incidental taking of marine mammals by the SURTASS LFA sonar 
system. For detailed information on this action, please refer to the 
August 20, 2012, Federal Register Notice and 50 CFR part 218, subpart 
X. Under those regulations, we must publish a notice of issuance of an 
Authorization or Authorization renewal in the Federal Register within 
30 days of a determination.

Summary of Request

    On March 31, 2015, we received an application from the Navy 
requesting a renewal of four Authorizations, originally issued on 
August 15, 2012 (77 FR 51969, August 28, 2012) for the taking of marine 
mammals incidental to routine training, testing, and military 
operations of SURTASS LFA sonar in the northwest Pacific Ocean and the 
north-central Pacific Ocean under the regulations issued on August 15, 
2012 (77 FR 50290, August 20, 2012): one for the United States Naval 
Ship (USNS) VICTORIOUS (T-AGOS 19), one for the USNS ABLE (T-AGOS 20), 
one for the USNS EFFECTIVE (T-AGOS 21), and one for the USNS IMPECCABLE 
(T-AGOS 23). On June 30, 2015, the Navy submitted an addendum to the 
SURTASS LFA application for 2015-2016 to reflect consideration of the 
presence of individuals of the western distinct population segment of 
spotted seal (Phoca largha) within one mission area in the Sea of 
Japan. NMFS considered the Navy's application as adequate and complete 
on July 6, 2015.
    NMFS has renewed the first cohort of 2012 Authorizations on an 
annual basis in 2013 (78 FR 57368, September 18, 2013) and again in 
2014 (79 FR 49501, August 21, 2014). The Navy's 2015 application for 
renewal requests that these four Authorizations become effective on 
August 15, 2015, for a period not to exceed one year.

Summary of Activity Under the 2014 Authorizations

    The Navy submitted quarterly mission reports for the periods of 
August 2014 through May 2015 within the required timeframes. These 
quarterly reports include the dates and times of the military readiness 
activities; location of each SURTASS LFA sonar vessel; mission 
operational area; marine mammal observations; and records of any delays 
or suspensions of sonar operations. The Navy must also report on the 
number of marine mammals detected by visual, passive, and active 
acoustic monitoring and the estimated percentage of each marine mammal 
stock taken by Level A and Level B harassment. The reports indicate the 
following:
     The Navy conducted a total of seven missions from August 
15, 2014, through May 14, 2015, in the western North Pacific Ocean, 
which totaled 14.4 days and resulted in 35.8 hours of LFA sonar 
transmissions.
     The cumulative total days of SURTASS LFA sonar operations 
for the VICTORIOUS (T-AGOS 19), ABLE (T-AGOS 20), EFFECTIVE (T-AGOS 
21), and IMPECCABLE (T-AGOS 23), were 99.8, 99.3, 94.9, and 100 percent 
below the annual levels contemplated in the Final Rule for each vessel 
respectively (i.e., 240 days per vessel);
     The cumulative total hours of SURTASS LFA sonar 
transmissions for the VICTORIOUS, ABLE, EFFECTIVE, and IMPECCABLE were 
99.7, 99.4, 92.6, and 100 percent below the levels contemplated in the 
Final Rule for each vessel respectively (i.e., 432 hours per vessel);
     The total percentage of each marine mammal stock taken by 
Level B harassment has not exceeded the 12 percent cap. For each stock, 
the percentage of take was well below the levels authorized in the 2014 
Authorizations.
     The total percentage of each marine mammal stock taken by 
Level A harassment has not exceeded the levels authorized in the 2014 
Authorizations. In fact, the Navy reported no incidences of Level A 
harassment takes.
    The operational tempo, number of active transmission hours, marine 
mammal detections, behavioral observations, and level of anticipated 
take of marine mammals fall within the scope and nature of those 
contemplated by the Final Rule and authorized in the 2014 
Authorizations.

Monitoring Reports

    The Navy has submitted the monitoring reports on time as required 
under 50 CFR 218.236 and the 2014 Authorizations. We have reviewed 
these reports and determined them to be acceptable. Based on these 
reports, the Navy has not exceeded the average annual estimated usage 
of the four SURTASS LFA sonar systems and remains well within the take 
authorized. In accordance with the current SURTASS LFA sonar 
regulations (50 CFR 218.230), the Navy must submit an annual report to 
us no later than 45 days after the 2014 Authorizations have expired. 
Upon receipt, we will post the annual report at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass.

[[Page 48298]]

Level of Taking for 2015 Authorizations Period

    For the 2015 to 2016 Authorization period, the Navy expects to 
conduct the same type and amount of routine training, testing, and 
military operations of SURTASS LFA sonar in the northwest Pacific Ocean 
and the north-central Pacific Ocean that they requested under the 2012, 
2013, and 2014 Authorizations. Similarly, the Navy expects to remain 
within the annual take estimates analyzed in the Final Rule. We 
determined that the level of taking by incidental harassment from the 
activities described in the Authorizations and supporting application 
is consistent with the findings made for the total taking allowable 
under the 2012 Final Rule.

Compliance with Mitigation, Monitoring, and Reporting Measures

    Based on our review of the Navy's quarterly mission reports, the 
Navy complied with the required visual, passive, and acoustic 
monitoring measures in the Final Rule and 2014 Authorizations. The Navy 
also followed the required shutdown and other protocols for mitigating 
impacts to marine mammals while conducting operations.
    The Navy is also complying with required measures under 50 CFR 
218.236(d) to gain and share information on the species. The Navy 
reports that they are continuing to work on information transfer, 
declassification and archiving of ambient noise data from the Navy's 
Integrated Undersea Surveillance System to the public.
    Based on the foregoing information and the Navy's application, we 
determined that the mitigation, monitoring, and reporting measures 
required under 50 CFR 218.234, .235, and .236 and NMFS' 2014-2015 
Authorizations were undertaken and will be undertaken during the period 
of validity of the renewed 2015-2016 Authorizations.

Adaptive Management

    The Final Rule and 2014 Authorizations include an adaptive 
management framework that allows us to consider new information and to 
determine (with input from the Navy regarding practicability) if 
modifications to mitigation and/or monitoring measures are appropriate 
and practicable. This framework includes a requirement for an annual 
meeting between NMFS and the Navy, if either agency deems it necessary.
    Section 218.241 of the Final Rule describes three scenarios that 
could contribute to the decision to modify the mitigation or monitoring 
measures, including: (a) Results from the Navy's monitoring from the 
previous year's operation of SURTASS LFA sonar; (b) compiled results of 
Navy-funded research and development studies; (c) results from specific 
stranding investigations; (d) results from general marine mammal and 
sound research funded by the Navy or other sponsors; and (e) any 
information that reveals marine mammals may have been taken in a 
manner, extent or number not anticipated by these regulations or 
subsequent Authorizations. None of the information reviewed by NMFS or 
the Navy resulted in any modifications to the existing mitigation or 
monitoring measures at this time.

Consideration of Areas as Potential OBIAs

    On December 4, 2014, April 16, 2015, and June 18, 2015, we and the 
Navy convened Adaptive Management meetings to review and discuss 
several topics, including: The Navy's mitigation monitoring results; 
the Navy's efforts in declassifying and transferring marine mammal 
monitoring data; consideration of possible additional Offshore 
Biologically Important Areas (OBIAs) under the criteria specified in 
the Final Rule; and consideration of new information that could 
potentially inform decisions regarding modifying existing mitigation 
and/or monitoring measures. Representatives from the U.S. Marine Mammal 
Commission were also in attendance and participated in December 2014 
and April 2015 meetings.
    NMFS and the Navy continue to evaluate information relating to 
areas for potential consideration as OBIAs. All of these areas fall 
outside the areas in which the Navy may operate under the 2015 
Authorizations. None of these areas is located within the Navy's 
mission areas for the 2015 Authorizations and the Navy will not operate 
SURTASS LFA sonar in these areas within the timeframes of the 2015-2016 
Authorizations. Throughout the effective period of the Final Rule, we 
will continue consider and discuss with the Navy any relevant new 
information as it arises related to areas that may qualify as potential 
OBIAs or any other mitigation for SURTASS LFA sonar.

Authorization

    We have issued four Authorizations to the Navy, authorizing the 
incidental harassment of marine mammals, incidental to operating the 
four SURTASS LFA sonar systems for routine training, testing and use 
during military operations. Issuance of these four Authorizations is 
based on findings, described in the preamble to the final rule (77 FR 
50290, August 20, 2012) and supported by information contained in the 
Navy's required reports on SURTASS LFA sonar and their application, 
that the activities described under these four Authorizations will have 
a negligible impact on marine mammal species or stocks and will not 
have an unmitigable adverse impact on their availability for taking for 
subsistence uses.
    These Authorizations remain valid through August 14, 2016, provided 
the Navy remains in conformance with the conditions of the regulations 
and the LOAs, and the mitigation, monitoring, and reporting 
requirements described in 50 CFR 218.230 through 218.241 (77 FR 50290, 
August 20, 2012) and in the Authorizations are undertaken.

    Dated: August 6, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-19769 Filed 8-11-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                  48296                      Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

                                                  specifying requirements for                             sequences received by 5:00 p.m. Pacific                    are intended to mimic
                                                  cryptography and cryptographic                          Time September 30, 2015 will be                       2. Source of the sequence(s)
                                                  mechanisms used by the U.S.                             considered for inclusion in this                      3. Proposed use scenario for the control(s)
                                                                                                          evaluation. Sequences submitted after                 4. Physical form of nucleic acids submitted
                                                  Government and a program for
                                                                                                                                                                     (if any)
                                                  commercial products to demonstrate                      this date may be considered in further                5. Intellectual property rights status
                                                  conformance to those requirements. It is                evaluations.
                                                  also the intention of NIST to continue                  ADDRESSES: Inquiries regarding ERCC
                                                                                                                                                                  To submit files or for further
                                                  to specify the cryptographic modules,                   participation and/or sequence                         questions on sequence submission
                                                  modes and key management schemes                        submissions should be sent by email to                please contact ERCCsequences@nist.gov.
                                                  that are acceptable for use by the U.S.                 ERCCsequences@nist.gov. See                             Authority: 15 U.S.C. 272(b) and (c).
                                                  Government to protect its information                   SUPPLEMENTARY INFORMATION for file
                                                                                                                                                                Kevin Kimball,
                                                  and information systems regardless of                   formats and other information about
                                                  any test, conformance or validation                                                                           Chief of Staff.
                                                                                                          sequence submission.
                                                  standards decision.                                                                                           [FR Doc. 2015–19742 Filed 8–11–15; 8:45 am]
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                BILLING CODE 3510–13–P
                                                     Authority: Federal Information Processing            Sarah Munro, Jerod Parsons, or Marc
                                                  Standards Publications (FIPS PUBS) are                  Salit by email at ERCCsequences@
                                                  issued by the National Institute of Standards           nist.gov.
                                                  and Technology after approval by the                                                                          DEPARTMENT OF COMMERCE
                                                                                                          SUPPLEMENTARY INFORMATION: NIST is
                                                  Secretary of Commerce, pursuant to Section
                                                  5131 of the Information Technology                      reconvening the External RNA Controls                 National Oceanic and Atmospheric
                                                  Management Reform Act of 1996 (Pub. L.                  Consortium (ERCC) to develop external                 Administration
                                                  104–106), and the Federal Information                   RNA controls for gene expression                      RIN 0648–XE071
                                                  Security Management Act of 2002 (Pub. L.                assays. This group has already
                                                  107–347).                                               established a set of 96 RNA control                   Taking and Importing Marine
                                                  Kevin Kimball,                                          sequences, commonly referred to as the                Mammals: Taking Marine Mammals
                                                                                                          ERCC controls, which is maintained as                 Incidental to Navy Operations of
                                                  Chief of Staff.
                                                                                                          NIST Standard Reference Material 2374.                Surveillance Towed Array Sensor
                                                  [FR Doc. 2015–19743 Filed 8–11–15; 8:45 am]
                                                                                                          Participation in the ERCC is open to all.             System Low Frequency Active Sonar
                                                  BILLING CODE 3510–13–P
                                                                                                          ERCC activities may include:
                                                                                                                                                                AGENCY:  National Marine Fisheries
                                                                                                            1. Design and contribution of RNA control           Service (NMFS), National Oceanic and
                                                  DEPARTMENT OF COMMERCE                                  sequences,
                                                                                                            2. validation of RNA control molecules              Atmospheric Administration (NOAA),
                                                                                                          with multi-laboratory testing,                        Commerce.
                                                  National Institute of Standards and
                                                                                                            3. analysis of results, and                         ACTION: Notice; issuance of four Letters
                                                  Technology                                                4. dissemination of ERCC products, such as          of Authorization.
                                                                                                          validated sequences, methods, and analysis
                                                  External RNA Controls Consortium—                       tools.                                                SUMMARY:    In accordance with
                                                  Call for Participation and Contributions                  For further information on ERCC                     regulations issued under the Marine
                                                  to a Sequence Library                                   participation, please contact                         Mammal Protection Act, as amended,
                                                                                                          ERCCsequences@nist.gov.                               we hereby give notification that we, the
                                                  AGENCY: National Institute of Standards
                                                  & Technology (NIST), Department of                        NIST is collecting nucleic acid                     National Marine Fisheries Service
                                                  Commerce.                                               sequences to form an extended library of              (NMFS), have issued four 1-year Letters
                                                  ACTION: Notice.
                                                                                                          ERCC sequences suitable for the                       of Authorization (Authorizations) to the
                                                                                                          preparation of RNA controls. The RNA                  U.S. Navy (Navy) to take marine
                                                  SUMMARY:    NIST is reconvening the                     control sequences are intended to mimic               mammals by harassment incidental to
                                                  External RNA Controls Consortium                        endogenous RNA molecules, including                   their military readiness activities
                                                  (ERCC), a public, private, and academic                 mRNA, mRNA isoforms, microRNA,                        associated with the routine training,
                                                  research collaboration to develop                       and other classes of biological RNA                   testing, and military operations of
                                                  external RNA controls for gene                          molecules. Intellectual property rights               Surveillance Towed Array Sensor
                                                  expression assays (71 FR 10012 and                      may be maintained on submitted                        System Low Frequency Active
                                                  NIST Standard Reference Material 2374,                  sequences, but submitted sequences                    (SURTASS LFA) sonar within the
                                                  available at http://www.nist.gov/mml/                   must be declared to be free for use as                northwest Pacific Ocean and the north-
                                                  bbd/srm-2374.cfm). ERCC products are                    RNA controls. Selected sequence                       central Pacific Ocean.
                                                  being extended to accommodate                           contributions will be experimentally                  DATES: These Authorizations are
                                                  recently emerged applications. This is a                evaluated based on testing of the                     effective from August 15, 2015, through
                                                  call for (1) participation in ERCC                      following three RNA control                           August 14, 2016.
                                                  activities and (2) collection of nucleic                hypotheses:                                           ADDRESSES: Electronic copies of the
                                                  acid sequences to extend the ERCC                       1. The RNA controls behave as mimics of               Navy’s March 31, 2015, application
                                                  library.                                                    endogenous RNA in assays                          letter and the Authorizations are
                                                     The ERCC library is a tool for                       2. The RNA controls do not interfere with             available by writing to Jolie Harrison,
                                                  generating RNA controls; any party may                      assays of endogenous RNA                          Chief, Permits and Conservation
                                                  disseminate such controls. Intellectual                 3. Hypotheses 1 and 2 are valid in commonly
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                              used RNA assays
                                                                                                                                                                Division, Office of Protected Resources,
                                                  property rights may be maintained on                                                                          National Marine Fisheries Service, 1315
                                                  submitted sequences, but submitted                        Sequence submissions should consist                 East-West Highway, Silver Spring, MD
                                                  sequences must be declared to be free                   of (1) a single sequence fasta file or                20910–3225, by telephoning the contact
                                                  for use as RNA controls.                                multi-fasta file and (2) a single text file           listed here (See FOR FURTHER
                                                  DATES: NIST will compile a library of                   containing the following metadata for                 INFORMATION CONTACT), or online at:
                                                  sequences to be experimentally                          each submitted sequence:                              http://www.nmfs.noaa.gov/pr/permits/
                                                  evaluated as RNA controls. Those                        1. The class of RNA molecule the control(s)           incidental/military.htm#surtass. The


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                                                                             Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices                                          48297

                                                  public may view the documents cited in                  subpart X. These regulations include                  stock taken by Level A and Level B
                                                  this notice, by appointment, during                     mitigation, monitoring, and reporting                 harassment. The reports indicate the
                                                  regular business hours, at the                          requirements for the incidental taking of             following:
                                                  aforementioned address.                                 marine mammals by the SURTASS LFA                        • The Navy conducted a total of
                                                  FOR FURTHER INFORMATION CONTACT:                        sonar system. For detailed information                seven missions from August 15, 2014,
                                                  Jeannine Cody, Office of Protected                      on this action, please refer to the August            through May 14, 2015, in the western
                                                  Resources, NMFS (301) 427–8401.                         20, 2012, Federal Register Notice and                 North Pacific Ocean, which totaled 14.4
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          50 CFR part 218, subpart X. Under those               days and resulted in 35.8 hours of LFA
                                                                                                          regulations, we must publish a notice of              sonar transmissions.
                                                  Background                                              issuance of an Authorization or                          • The cumulative total days of
                                                     Section 101(a)(5)(A) of the Marine                   Authorization renewal in the Federal                  SURTASS LFA sonar operations for the
                                                  Mammal Protection Act (MMPA; 16                         Register within 30 days of a                          VICTORIOUS (T–AGOS 19), ABLE (T–
                                                  U.S.C. 1361 et seq.) directs the Secretary              determination.                                        AGOS 20), EFFECTIVE (T–AGOS 21),
                                                  of Commerce to allow, upon request, the                 Summary of Request                                    and IMPECCABLE (T–AGOS 23), were
                                                  incidental, but not intentional taking of                                                                     99.8, 99.3, 94.9, and 100 percent below
                                                                                                             On March 31, 2015, we received an                  the annual levels contemplated in the
                                                  marine mammals by U.S. citizens if                      application from the Navy requesting a
                                                  certain findings are made and                                                                                 Final Rule for each vessel respectively
                                                                                                          renewal of four Authorizations,                       (i.e., 240 days per vessel);
                                                  regulations are issued. Under the                       originally issued on August 15, 2012 (77
                                                  MMPA, the term ‘‘take’’ means to                                                                                 • The cumulative total hours of
                                                                                                          FR 51969, August 28, 2012) for the
                                                  harass, hunt, capture, or kill or to                                                                          SURTASS LFA sonar transmissions for
                                                                                                          taking of marine mammals incidental to
                                                  attempt to harass, hunt, capture, or kill                                                                     the VICTORIOUS, ABLE, EFFECTIVE,
                                                                                                          routine training, testing, and military
                                                  marine mammals. We, NMFS, have been                                                                           and IMPECCABLE were 99.7, 99.4, 92.6,
                                                                                                          operations of SURTASS LFA sonar in
                                                  delegated the authority to issue such                                                                         and 100 percent below the levels
                                                                                                          the northwest Pacific Ocean and the
                                                  regulations and Authorizations.                                                                               contemplated in the Final Rule for each
                                                                                                          north-central Pacific Ocean under the
                                                     With respect to military readiness                   regulations issued on August 15, 2012                 vessel respectively (i.e., 432 hours per
                                                  activities, the MMPA defines                            (77 FR 50290, August 20, 2012): one for               vessel);
                                                  harassment as ‘‘(i) any act that injures or             the United States Naval Ship (USNS)                      • The total percentage of each marine
                                                  has the significant potential to injure a               VICTORIOUS (T–AGOS 19), one for the                   mammal stock taken by Level B
                                                  marine mammal or marine mammal                          USNS ABLE (T–AGOS 20), one for the                    harassment has not exceeded the 12
                                                  stock in the wild [Level A harassment];                 USNS EFFECTIVE (T–AGOS 21), and                       percent cap. For each stock, the
                                                  or (ii) any act that disturbs or is likely              one for the USNS IMPECCABLE (T–                       percentage of take was well below the
                                                  to disturb a marine mammal or marine                    AGOS 23). On June 30, 2015, the Navy                  levels authorized in the 2014
                                                  mammal stock in the wild by causing                     submitted an addendum to the                          Authorizations.
                                                  disruption of natural behavioral                        SURTASS LFA application for 2015–                        • The total percentage of each marine
                                                  patterns, including, but not limited to,                2016 to reflect consideration of the                  mammal stock taken by Level A
                                                  migration, surfacing, nursing, breeding,                presence of individuals of the western                harassment has not exceeded the levels
                                                  feeding, or sheltering, to a point where                distinct population segment of spotted                authorized in the 2014 Authorizations.
                                                  such behavioral patterns are abandoned                  seal (Phoca largha) within one mission                In fact, the Navy reported no incidences
                                                  or significantly altered [Level B                       area in the Sea of Japan. NMFS                        of Level A harassment takes.
                                                  harassment].’’                                          considered the Navy’s application as                     The operational tempo, number of
                                                     Authorization may be granted for                     adequate and complete on July 6, 2015.                active transmission hours, marine
                                                  periods of 5 years or less if we find that                 NMFS has renewed the first cohort of               mammal detections, behavioral
                                                  the total taking will have a negligible                 2012 Authorizations on an annual basis                observations, and level of anticipated
                                                  impact on the affected species or                       in 2013 (78 FR 57368, September 18,                   take of marine mammals fall within the
                                                  stock(s) and will not have an                           2013) and again in 2014 (79 FR 49501,                 scope and nature of those contemplated
                                                  unmitigable adverse impact on the                       August 21, 2014). The Navy’s 2015                     by the Final Rule and authorized in the
                                                  availability of the species or stock(s) for             application for renewal requests that                 2014 Authorizations.
                                                  taking for certain subsistence uses. In                 these four Authorizations become                      Monitoring Reports
                                                  addition, we must prescribe regulations                 effective on August 15, 2015, for a
                                                  that include permissible methods of                     period not to exceed one year.                           The Navy has submitted the
                                                  taking and other means effecting the                                                                          monitoring reports on time as required
                                                  least practicable adverse impact on the                 Summary of Activity Under the 2014                    under 50 CFR 218.236 and the 2014
                                                  species or stock and its habitat, paying                Authorizations                                        Authorizations. We have reviewed these
                                                  particular attention to rookeries, mating                 The Navy submitted quarterly mission                reports and determined them to be
                                                  grounds, and areas of similar                           reports for the periods of August 2014                acceptable. Based on these reports, the
                                                  significance, and on the availability of                through May 2015 within the required                  Navy has not exceeded the average
                                                  the species or stocks for taking for                    timeframes. These quarterly reports                   annual estimated usage of the four
                                                  subsistence uses. The regulations also                  include the dates and times of the                    SURTASS LFA sonar systems and
                                                  must include requirements pertaining to                 military readiness activities; location of            remains well within the take authorized.
                                                  the monitoring and reporting of such                    each SURTASS LFA sonar vessel;                        In accordance with the current
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  taking.                                                 mission operational area; marine                      SURTASS LFA sonar regulations (50
                                                     Regulations governing the taking of                  mammal observations; and records of                   CFR 218.230), the Navy must submit an
                                                  marine mammals incidental to the                        any delays or suspensions of sonar                    annual report to us no later than 45 days
                                                  Navy’s routine training, testing, and                   operations. The Navy must also report                 after the 2014 Authorizations have
                                                  military operations of SURTASS LFA                      on the number of marine mammals                       expired. Upon receipt, we will post the
                                                  sonar are in effect through August 15,                  detected by visual, passive, and active               annual report at: http://
                                                  2017 (77 FR 50290, August 20, 2012)                     acoustic monitoring and the estimated                 www.nmfs.noaa.gov/pr/permits/
                                                  and are codified at 50 CFR part 218,                    percentage of each marine mammal                      incidental/military.htm#surtass.


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                                                  48298                      Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

                                                  Level of Taking for 2015 Authorizations                 contribute to the decision to modify the              routine training, testing and use during
                                                  Period                                                  mitigation or monitoring measures,                    military operations. Issuance of these
                                                     For the 2015 to 2016 Authorization                   including: (a) Results from the Navy’s                four Authorizations is based on
                                                  period, the Navy expects to conduct the                 monitoring from the previous year’s                   findings, described in the preamble to
                                                  same type and amount of routine                         operation of SURTASS LFA sonar; (b)                   the final rule (77 FR 50290, August 20,
                                                                                                          compiled results of Navy-funded                       2012) and supported by information
                                                  training, testing, and military operations
                                                                                                          research and development studies; (c)                 contained in the Navy’s required reports
                                                  of SURTASS LFA sonar in the
                                                                                                          results from specific stranding                       on SURTASS LFA sonar and their
                                                  northwest Pacific Ocean and the north-
                                                                                                          investigations; (d) results from general              application, that the activities described
                                                  central Pacific Ocean that they
                                                                                                          marine mammal and sound research                      under these four Authorizations will
                                                  requested under the 2012, 2013, and
                                                                                                          funded by the Navy or other sponsors;                 have a negligible impact on marine
                                                  2014 Authorizations. Similarly, the
                                                                                                          and (e) any information that reveals                  mammal species or stocks and will not
                                                  Navy expects to remain within the
                                                                                                          marine mammals may have been taken                    have an unmitigable adverse impact on
                                                  annual take estimates analyzed in the
                                                                                                          in a manner, extent or number not                     their availability for taking for
                                                  Final Rule. We determined that the level
                                                                                                          anticipated by these regulations or                   subsistence uses.
                                                  of taking by incidental harassment from                 subsequent Authorizations. None of the                   These Authorizations remain valid
                                                  the activities described in the                         information reviewed by NMFS or the                   through August 14, 2016, provided the
                                                  Authorizations and supporting                           Navy resulted in any modifications to                 Navy remains in conformance with the
                                                  application is consistent with the                      the existing mitigation or monitoring                 conditions of the regulations and the
                                                  findings made for the total taking                      measures at this time.                                LOAs, and the mitigation, monitoring,
                                                  allowable under the 2012 Final Rule.
                                                                                                          Consideration of Areas as Potential                   and reporting requirements described in
                                                  Compliance with Mitigation,                             OBIAs                                                 50 CFR 218.230 through 218.241 (77 FR
                                                  Monitoring, and Reporting Measures                                                                            50290, August 20, 2012) and in the
                                                                                                            On December 4, 2014, April 16, 2015,                Authorizations are undertaken.
                                                     Based on our review of the Navy’s                    and June 18, 2015, we and the Navy
                                                  quarterly mission reports, the Navy                     convened Adaptive Management                            Dated: August 6, 2015.
                                                  complied with the required visual,                      meetings to review and discuss several                Donna S. Wieting,
                                                  passive, and acoustic monitoring                        topics, including: The Navy’s mitigation              Director, Office of Protected Resources,
                                                  measures in the Final Rule and 2014                     monitoring results; the Navy’s efforts in             National Marine Fisheries Service.
                                                  Authorizations. The Navy also followed                  declassifying and transferring marine                 [FR Doc. 2015–19769 Filed 8–11–15; 8:45 am]
                                                  the required shutdown and other                         mammal monitoring data; consideration                 BILLING CODE 3510–22–P
                                                  protocols for mitigating impacts to                     of possible additional Offshore
                                                  marine mammals while conducting                         Biologically Important Areas (OBIAs)
                                                  operations.                                             under the criteria specified in the Final             DEPARTMENT OF COMMERCE
                                                     The Navy is also complying with                      Rule; and consideration of new
                                                  required measures under 50 CFR                          information that could potentially                    National Oceanic and Atmospheric
                                                  218.236(d) to gain and share                            inform decisions regarding modifying                  Administration
                                                  information on the species. The Navy                    existing mitigation and/or monitoring                 RIN 0648–XE090
                                                  reports that they are continuing to work                measures. Representatives from the U.S.
                                                  on information transfer, declassification               Marine Mammal Commission were also                    New England Fishery Management
                                                  and archiving of ambient noise data                     in attendance and participated in                     Council; Public Meeting
                                                  from the Navy’s Integrated Undersea                     December 2014 and April 2015
                                                  Surveillance System to the public.                                                                            AGENCY:  National Marine Fisheries
                                                                                                          meetings.
                                                     Based on the foregoing information                     NMFS and the Navy continue to                       Service (NMFS), National Oceanic and
                                                  and the Navy’s application, we                          evaluate information relating to areas for            Atmospheric Administration (NOAA),
                                                  determined that the mitigation,                         potential consideration as OBIAs. All of              Commerce.
                                                  monitoring, and reporting measures                      these areas fall outside the areas in                 ACTION: Notice; public meeting.
                                                  required under 50 CFR 218.234, .235,                    which the Navy may operate under the                  SUMMARY:   The New England Fishery
                                                  and .236 and NMFS’ 2014–2015                            2015 Authorizations. None of these                    Management Council (Council) is
                                                  Authorizations were undertaken and                      areas is located within the Navy’s                    scheduling a public meeting of its
                                                  will be undertaken during the period of                 mission areas for the 2015                            Scientific & Statistical Committee to
                                                  validity of the renewed 2015–2016                       Authorizations and the Navy will not                  consider actions affecting New England
                                                  Authorizations.                                         operate SURTASS LFA sonar in these                    fisheries in the exclusive economic zone
                                                  Adaptive Management                                     areas within the timeframes of the                    (EEZ). Recommendations from this
                                                                                                          2015–2016 Authorizations. Throughout                  group will be brought to the full Council
                                                    The Final Rule and 2014                               the effective period of the Final Rule,
                                                  Authorizations include an adaptive                                                                            for formal consideration and action, if
                                                                                                          we will continue consider and discuss                 appropriate.
                                                  management framework that allows us                     with the Navy any relevant new
                                                  to consider new information and to                      information as it arises related to areas             DATES:  This meeting will be held on
                                                  determine (with input from the Navy                     that may qualify as potential OBIAs or                Tuesday, September 1, 2015, beginning
                                                  regarding practicability) if modifications              any other mitigation for SURTASS LFA                  at 9 a.m.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  to mitigation and/or monitoring                         sonar.                                                ADDRESSES:
                                                  measures are appropriate and                                                                                     Meeting address: The meeting will be
                                                  practicable. This framework includes a                  Authorization                                         held at the Hilton Garden Inn, Boston
                                                  requirement for an annual meeting                         We have issued four Authorizations to               Logan, 100 Boardman Street, Boston,
                                                  between NMFS and the Navy, if either                    the Navy, authorizing the incidental                  MA 02128; phone: (617) 567–6789.
                                                  agency deems it necessary.                              harassment of marine mammals,                            Council address: New England
                                                    Section 218.241 of the Final Rule                     incidental to operating the four                      Fishery Management Council, 50 Water
                                                  describes three scenarios that could                    SURTASS LFA sonar systems for                         Street, Mill 2, Newburyport, MA 01950.


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Document Created: 2016-09-27 22:26:33
Document Modified: 2016-09-27 22:26:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of four Letters of Authorization.
DatesThese Authorizations are effective from August 15, 2015, through August 14, 2016.
ContactJeannine Cody, Office of Protected Resources, NMFS (301) 427-8401.
FR Citation80 FR 48296 
RIN Number0648-XE07

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