81 FR 55177 - 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 81, Issue 160 (August 18, 2016)

Page Range		55177-55180
FR Document		2016-19673
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 one-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 western and central North Pacific Ocean and Indian Ocean.
Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55177-55180]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19673]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE781


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 one-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 western and central 
North Pacific Ocean and Indian Ocean.

DATES: These Authorizations are effective from August 15, 2016, through 
August 14, 2017.

ADDRESSES: Electronic copies of the Navy's April 5, 2016 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 
public may view the documents cited in this notice, by appointment, 
during regular business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Dale Youngkin, 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

[[Page 55178]]

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 five 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 April 5, 2016 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 western and central North 
Pacific Ocean and Indian 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). NMFS considered the Navy's application as 
adequate and complete on May 2, 2016.
    NMFS has renewed the first cohort of 2012 Authorizations on an 
annual basis in 2013 (78 FR 57368, September 18, 2013); 2014 (79 FR 
49501, August 21, 2014); and again in 2015 (80 FR 48296). The Navy's 
2016 application for renewal requests that these four Authorizations 
become effective on August 15, 2016, for a period not to exceed one 
year.

Summary of Activity Under the 2015 Authorizations

    The Navy submitted quarterly mission reports for the periods of 
August 2015 through May 2016 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 eight missions from August 
15, 2015, through May 14, 2016, in the northwestern Pacific Ocean, 
which totaled 20.56 mission days and resulted in 37.1 hours of LFA 
sonar transmissions (2.9% of the permitted sonar transmission time).
     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 2015 
Authorizations.
     The total percentage of each marine mammal stock taken by 
Level A harassment has not exceeded the levels authorized in the 2015 
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 2015 
Authorizations.

Monitoring Reports

    The Navy has submitted the monitoring reports on time as required 
under 50 CFR 218.236 and the 2015 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 2015 Authorizations have expired. 
Upon receipt, we will post the annual report at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass.

Level of Taking for 2016 Authorizations Period

    For the 2016 to 2017 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 western and central 
North Pacific and Indian Oceans as they have in the northwest Pacific 
Ocean and the north-central Pacific Ocean requested under the 2012, 
2013, 2014, and 2015 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 previous 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

[[Page 55179]]

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' 2013-2014; 
2014-2015; and 2015-2016 Authorizations were undertaken and will be 
undertaken during the period of validity of the renewed 2016-2017 
Authorizations.

Adaptive Management

    The final rule and the previous 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 examples of the types 
of information 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 with the exception of consideration of new information regarding 
potential OBIAs.

Consideration of Areas as Potential OBIAs

    On April 7, 2016, we and the Navy convened a meeting to review and 
discuss consideration of possible additional Offshore Biologically 
Important Areas (OBIAs) and modification of existing OBIA boundaries. 
International and U.S. waters were evaluated to consider newly 
available peer-reviewed scientific data, information, or survey data on 
marine areas that may be eligible for consideration as OBIAs. This 
evaluation also included review of information from the following 
sources:
     Cetacean and Sound Mapping Working Group Biologically 
Important Areas (CetMap BIAs);
     Marine Mammal Protected Area Task Force (MMPATF)--
identified Important Marine Mammal Areas (IMMAs);
     World Database on Protected Areas (joint program of the 
International Union for Conservation of Nature [IUCN] and the United 
Nations Environment Programme [UNEP]);
     2014 United Nations List of Protected Areas;
     Convention on Biological Diversity;
     Marine Protected Areas Global (Wood, 2007);
     Marine Conservation Institute MPAtlas; and
     Cetaceanhabitat.org
    Several areas were identified for consideration. Three of the 
proposed new OBIAs are in areas authorized under the 2016-2017 
Authorizations. However, the Navy agrees to treat these areas as OBIAs 
and will not transmit SURTASS LFA sonar at received levels above 180 dB 
SPL (rms) within 0.54 nmi (1 km) of the boundary of these potential 
OBIAs during the periods of biologically important activities for the 
purpose of the 2016-2017 Authorizations pending a final decision on 
their designation. NMFS and Navy will be including a description of the 
evaluation of these new areas in the Draft Supplemental Environmental 
Impact Statement and rulemaking process for the new (2017) SURTASS LFA 
sonar operations.

Litigation on Final Rule

    On July 15, 2016, the U.S. Court of Appeals for the Ninth Circuit 
issued a decision in NRDC, et al. v. Pritzker, et al., which challenged 
NMFS' 2012 final rule for SURTASS LFA sonar. The Ninth Circuit had not, 
however, issued a mandate in that case at the time the LOAs were 
issued.

Technical Guidance for Assessing the Effects of Anthropogenic Sound on 
Marine Mammal Hearing

    On August 4, 2016, NMFS released its Technical Guidance for 
Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing 
(Guidance). This new guidance established new thresholds for predicting 
auditory injury, which equates to Level A harassment under the MMPA. In 
the Federal Register Notice (81 FR 51694), NMFS explained the approach 
it would take during a transition period, wherein we balance the need 
to consider this new best available science with the fact that some 
applicants have already committed time and resources to the development 
of analyses based on our previous guidance and have constraints that 
preclude the recalculation of take estimates, as well as where the 
action is in the agency's decision-making pipeline. In that Notice, we 
included a non-exhaustive list of factors that would inform the most 
appropriate approach for considering the new Guidance, including: the 
scope of effects; how far in the process the applicant has progressed; 
when the authorization is needed; the cost and complexity of the 
analysis; and the degree to which the guidance is expected to affect 
our analysis. In this case, the Navy's SURTASS LFA sonar rule was 
issued in 2012, this is the last remaining year of activity that will 
be authorized under this rule, and they need the authorization by 
August 12th in order to ensure continuity of operations. The SURTASS 
LFA sonar rule considers the potential for small numbers of cetaceans 
incurring auditory injury in the effects analysis and, as noted in the 
Final Rule, the Navy is authorized to take small numbers of cetaceans 
by Level A harassment as a precautionary measure even though 
quantitative analyses showed no Level A takes. The Navy has a robust 
and practicable monitoring and mitigation program that we believe is 
very effective in reducing the likelihood of injury. Additionally, we 
believe that a fair number of marine mammals will intentionally avoid 
approaching within distances of this slow-moving source that would 
result in injury. In summary, we have considered the new Guidance and 
believe that the likelihood of injury is adequately addressed in the 
analysis in the rule and appropriate protective measures are in place 
in the LOA.

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.

[[Page 55180]]

    These Authorizations remain valid through August 14, 2017, 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 12, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-19673 Filed 8-17-16; 8:45 am]
 BILLING CODE 3510-22-P
Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices 55177

Several areas were identified for authorization by August 12th in order to DEPARTMENT OF COMMERCE
consideration. Three of the proposed ensure continuity of operations. The
new OBIAs are in areas authorized SURTASS LFA sonar rule considers the National Oceanic and Atmospheric
under the 2016–2017 Authorizations. potential for small numbers of cetaceans Administration
However, the Navy agrees to treat these incurring auditory injury in the effects RIN 0648–XE781
areas as OBIAs and will not transmit analysis and, as noted in the Final Rule,
SURTASS LFA sonar at received levels the Navy is authorized to take small Taking and Importing Marine
above 180 dB SPL (rms) within 0.54 nmi numbers of cetaceans by Level A Mammals: Taking Marine Mammals
(1 km) of the boundary of these harassment as a precautionary measure Incidental to Navy Operations of
potential OBIAs during the periods of Surveillance Towed Array Sensor
even though quantitative analyses
biologically important activities for the System Low Frequency Active Sonar
showed no Level A takes. The Navy has
purpose of the 2016–2017
Authorizations pending a final decision a robust and practicable monitoring and AGENCY: National Marine Fisheries
on their designation. NMFS and Navy mitigation program that we believe is Service (NMFS), National Oceanic and
will be including a description of the very effective in reducing the likelihood Atmospheric Administration (NOAA),
evaluation of these new areas in the of injury. Additionally, we believe that Commerce.
Draft Supplemental Environmental a fair number of marine mammals will ACTION: Notice; issuance of four Letters
Impact Statement and rulemaking intentionally avoid approaching within of Authorization.
process for the new (2017) SURTASS distances of this slow-moving source
LFA sonar operations. that would result in injury. In summary, SUMMARY: In accordance with
we have considered the new Guidance regulations issued under the Marine
Litigation on Final Rule Mammal Protection Act, as amended,
and believe that the likelihood of injury
On July 15, 2016, the U.S. Court of is adequately addressed in the analysis we hereby give notification that we, the
Appeals for the Ninth Circuit issued a in the rule and appropriate protective National Marine Fisheries Service
decision in NRDC, et al. v. Pritzker, et measures are in place in the LOA. (NMFS), have issued four one-year
al., which challenged NMFS’ 2012 final Letters of Authorization
rule for SURTASS LFA sonar. The Authorization (Authorizations) to the U.S. Navy (Navy)
Ninth Circuit had not, however, issued to take marine mammals by harassment
a mandate in that case at the time the We have issued four Authorizations to incidental to their military readiness
LOAs were issued. the Navy, authorizing the incidental activities associated with the routine
harassment of marine mammals, training, testing, and military operations
Technical Guidance for Assessing the incidental to operating the four
Effects of Anthropogenic Sound on of Surveillance Towed Array Sensor
SURTASS LFA sonar systems for System Low Frequency Active
Marine Mammal Hearing routine training, testing and use during (SURTASS LFA) sonar within the
On August 4, 2016, NMFS released its military operations. Issuance of these western and central North Pacific Ocean
Technical Guidance for Assessing the four Authorizations is based on and Indian Ocean.
Effects of Anthropogenic Sound on findings, described in the preamble to DATES: These Authorizations are
Marine Mammal Hearing (Guidance). the final rule (77 FR 50290, August 20, effective from August 15, 2016, through
This new guidance established new 2012) and supported by information August 14, 2017.
thresholds for predicting auditory contained in the Navy’s required reports
injury, which equates to Level A ADDRESSES: Electronic copies of the
on SURTASS LFA sonar and their Navy’s April 5, 2016 application letter
harassment under the MMPA. In the
application, that the activities described and the Authorizations are available by
Federal Register Notice (81 FR 51694),
NMFS explained the approach it would under these four Authorizations will writing to Jolie Harrison, Chief, Permits
take during a transition period, wherein have a negligible impact on marine and Conservation Division, Office of
we balance the need to consider this mammal species or stocks and will not Protected Resources, National Marine
new best available science with the fact have an unmitigable adverse impact on Fisheries Service, 1315 East-West
that some applicants have already their availability for taking for Highway, Silver Spring, MD 20910–
committed time and resources to the subsistence uses. 3225, by telephoning the contact listed
development of analyses based on our These Authorizations remain valid here (See FOR FURTHER INFORMATION
previous guidance and have constraints CONTACT), or online at: http://
through August 14, 2017, provided the
that preclude the recalculation of take Navy remains in conformance with the www.nmfs.noaa.gov/pr/permits/
estimates, as well as where the action is incidental/military.htm#surtass. The
conditions of the regulations and the
in the agency’s decision-making public may view the documents cited in
LOAs, and the mitigation, monitoring,
pipeline. In that Notice, we included a this notice, by appointment, during
and reporting requirements described in regular business hours, at the
non-exhaustive list of factors that would 50 CFR 218.230 through 218.241 (77 FR
inform the most appropriate approach aforementioned address.
50290, August 20, 2012) and in the
for considering the new Guidance, FOR FURTHER INFORMATION CONTACT: Dale
Authorizations are undertaken.
including: The scope of effects; how far Youngkin, Office of Protected
in the process the applicant has Dated: August 12, 2016. Resources, NMFS (301) 427–8401.
progressed; when the authorization is Donna S. Wieting, SUPPLEMENTARY INFORMATION:
needed; the cost and complexity of the Director, Office of Protected Resources,
rmajette on DSK2TPTVN1PROD with NOTICES

analysis; and the degree to which the Background
National Marine Fisheries Service.
guidance is expected to affect our [FR Doc. 2016–19711 Filed 8–17–16; 8:45 am] Section 101(a)(5)(A) of the Marine
analysis. In this case, the Navy’s BILLING CODE 3510–22–P
Mammal Protection Act (MMPA; 16
SURTASS LFA sonar rule was issued in U.S.C. 1361 et seq.) directs the Secretary
2012, this is the last remaining year of of Commerce to allow, upon request, the
activity that will be authorized under incidental, but not intentional taking of
this rule, and they need the marine mammals by U.S. citizens if

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Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices 55179

reports that they are continuing to work also included review of information that some applicants have already
on information transfer, declassification from the following sources: committed time and resources to the
and archiving of ambient noise data • Cetacean and Sound Mapping development of analyses based on our
from the Navy’s Integrated Undersea Working Group Biologically Important previous guidance and have constraints
Surveillance System to the public. Areas (CetMap BIAs); that preclude the recalculation of take
Based on the foregoing information • Marine Mammal Protected Area estimates, as well as where the action is
and the Navy’s application, we Task Force (MMPATF)—identified in the agency’s decision-making
determined that the mitigation, Important Marine Mammal Areas pipeline. In that Notice, we included a
monitoring, and reporting measures (IMMAs); non-exhaustive list of factors that would
required under 50 CFR 218.234, .235, • World Database on Protected Areas inform the most appropriate approach
and .236 and NMFS’ 2013–2014; 2014– (joint program of the International for considering the new Guidance,
2015; and 2015–2016 Authorizations Union for Conservation of Nature including: the scope of effects; how far
were undertaken and will be undertaken [IUCN] and the United Nations in the process the applicant has
during the period of validity of the Environment Programme [UNEP]); progressed; when the authorization is
renewed 2016–2017 Authorizations. • 2014 United Nations List of needed; the cost and complexity of the
Protected Areas; analysis; and the degree to which the
Adaptive Management • Convention on Biological Diversity; guidance is expected to affect our
The final rule and the previous • Marine Protected Areas Global analysis. In this case, the Navy’s
Authorizations include an adaptive (Wood, 2007); SURTASS LFA sonar rule was issued in
management framework that allows us • Marine Conservation Institute 2012, this is the last remaining year of
to consider new information and to MPAtlas; and activity that will be authorized under
determine (with input from the Navy • Cetaceanhabitat.org this rule, and they need the
regarding practicability) if modifications Several areas were identified for
authorization by August 12th in order to
to mitigation and/or monitoring consideration. Three of the proposed
ensure continuity of operations. The
measures are appropriate and new OBIAs are in areas authorized
SURTASS LFA sonar rule considers the
practicable. This framework includes a under the 2016–2017 Authorizations.
potential for small numbers of cetaceans
requirement for an annual meeting However, the Navy agrees to treat these
incurring auditory injury in the effects
between NMFS and the Navy, if either areas as OBIAs and will not transmit
analysis and, as noted in the Final Rule,
agency deems it necessary. SURTASS LFA sonar at received levels
Section 218.241 of the final rule the Navy is authorized to take small
above 180 dB SPL (rms) within 0.54 nmi
describes examples of the types of numbers of cetaceans by Level A
(1 km) of the boundary of these
information that could contribute to the harassment as a precautionary measure
potential OBIAs during the periods of
decision to modify the mitigation or even though quantitative analyses
biologically important activities for the
monitoring measures, including: (a) showed no Level A takes. The Navy has
purpose of the 2016–2017
Results from the Navy’s monitoring a robust and practicable monitoring and
Authorizations pending a final decision
from the previous year’s operation of mitigation program that we believe is
on their designation. NMFS and Navy
SURTASS LFA sonar; (b) compiled very effective in reducing the likelihood
will be including a description of the
results of Navy-funded research and of injury. Additionally, we believe that
evaluation of these new areas in the
development studies; (c) results from a fair number of marine mammals will
Draft Supplemental Environmental
specific stranding investigations; (d) intentionally avoid approaching within
Impact Statement and rulemaking
results from general marine mammal distances of this slow-moving source
process for the new (2017) SURTASS
and sound research funded by the Navy that would result in injury. In summary,
LFA sonar operations.
or other sponsors; and (e) any we have considered the new Guidance
information that reveals marine Litigation on Final Rule and believe that the likelihood of injury
mammals may have been taken in a On July 15, 2016, the U.S. Court of is adequately addressed in the analysis
manner, extent or number not Appeals for the Ninth Circuit issued a in the rule and appropriate protective
anticipated by these regulations or decision in NRDC, et al. v. Pritzker, et measures are in place in the LOA.
subsequent Authorizations. None of the al., which challenged NMFS’ 2012 final Authorization
information reviewed by NMFS or the rule for SURTASS LFA sonar. The
Navy resulted in any modifications to Ninth Circuit had not, however, issued We have issued four Authorizations to
the existing mitigation or monitoring a mandate in that case at the time the the Navy, authorizing the incidental
measures at this time with the exception LOAs were issued. harassment of marine mammals,
of consideration of new information incidental to operating the four
Technical Guidance for Assessing the SURTASS LFA sonar systems for
regarding potential OBIAs. Effects of Anthropogenic Sound on routine training, testing and use during
Consideration of Areas as Potential Marine Mammal Hearing military operations. Issuance of these
OBIAs On August 4, 2016, NMFS released its four Authorizations is based on
On April 7, 2016, we and the Navy Technical Guidance for Assessing the findings, described in the preamble to
convened a meeting to review and Effects of Anthropogenic Sound on the final rule (77 FR 50290, August 20,
discuss consideration of possible Marine Mammal Hearing (Guidance). 2012) and supported by information
additional Offshore Biologically This new guidance established new contained in the Navy’s required reports
Important Areas (OBIAs) and thresholds for predicting auditory on SURTASS LFA sonar and their
rmajette on DSK2TPTVN1PROD with NOTICES

modification of existing OBIA injury, which equates to Level A application, that the activities described
boundaries. International and U.S. harassment under the MMPA. In the under these four Authorizations will
waters were evaluated to consider Federal Register Notice (81 FR 51694), have a negligible impact on marine
newly available peer-reviewed scientific NMFS explained the approach it would mammal species or stocks and will not
data, information, or survey data on take during a transition period, wherein have an unmitigable adverse impact on
marine areas that may be eligible for we balance the need to consider this their availability for taking for
consideration as OBIAs. This evaluation new best available science with the fact subsistence uses.

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55180 Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices

These Authorizations remain valid Needs and Uses: This request is for a permits involving only import, export,
through August 14, 2017, provided the revision and extension of a currently or receipt of biological samples (i.e.,
Navy remains in conformance with the approved information collection. where no animals in the wild are
conditions of the regulations and the The Marine Mammal Protection Act affected); (5) make photography permit
LOAs, and the mitigation, monitoring, (16 U.S.C. 1361 et seq.; MMPA), Fur applications accessible via APPS.
and reporting requirements described in Seal Act (16 U.S.C. 1151 et seq.; FSA), Affected Public: Individuals or
50 CFR 218.230 through 218.241 (77 FR and Endangered Species Act (16 U.S.C. households; business or other for-profit
50290, August 20, 2012) and in the 1531 et seq.; ESA) prohibit certain organizations; not-for-profit institutions;
Authorizations are undertaken. activities affecting marine mammals and state, local and tribal government.
endangered and threatened species, Frequency: Annually and on occasion.
Dated: August 12, 2016.
with exceptions. Pursuant to section 104 Respondent’s Obligation: Mandatory.
Donna S. Wieting,
of the MMPA and Section 10(a)(1)(A) of This information collection request
Director, Office of Protected Resources, the ESA, special exception permits may may be viewed at reginfo.gov. Follow
National Marine Fisheries Service. be obtained for scientific research and the instructions to view Department of
[FR Doc. 2016–19673 Filed 8–17–16; 8:45 am] enhancing the survival or recovery of a Commerce collections currently under
BILLING CODE 3510–22–P species or stock of marine mammals or review by OMB.
threatened or endangered species. Written comments and
Section 104 of the MMPA also includes recommendations for the proposed
DEPARTMENT OF COMMERCE permits for commercial and educational information collection should be sent
photography of marine mammals; within 30 days of publication of this
National Oceanic and Atmospheric
import and capture of marine mammals notice to OIRA_Submission@
Administration
for public display; and, Letters of omb.eop.gov or fax to (202) 395–5806.
Submission for OMB Review; Confirmation under the General
Authorization for scientific research that Sarah Brabson,
Comment Request NOAA PRA Clearance Officer.
involves minimal disturbance to marine
The Department of Commerce will mammals. The regulations [FR Doc. 2016–19681 Filed 8–17–16; 8:45 am]
submit to the Office of Management and implementing permits and reporting BILLING CODE 3510–22–P
Budget (OMB) for clearance the requirements under the MMPA and FSA
following proposal for collection of are at 50 CFR part 216; the regulations
information under the provisions of the for permit requirements under the ESA DEPARTMENT OF COMMERCE
Paperwork Reduction Act (44 U.S.C. are at 50 CFR part 222. The required
Chapter 35). information in this collection is used to National Oceanic and Atmospheric
Agency: National Oceanic and make the determinations required by the Administration
Atmospheric Administration (NOAA). MMPA, ESA and their implementing RIN 0648–XE813
Title: Basic Requirements for Special regulations prior to issuing a permit; to
Exemption Permits and Authorizations establish appropriate permit conditions; Pacific Fishery Management Council;
to Take, Import, and Export Marine and to evaluate the impacts of the Public Meeting
Mammals, Threatened and Endangered proposed activity on protected species.
Species, and for Maintaining a Captive AGENCY: National Marine Fisheries
Inventory reporting pertaining to marine
Marine Mammal Inventory Under the Service (NMFS), National Oceanic and
mammals in public display facilities is
Marine Mammal Protection, the Fur Atmospheric Administration (NOAA),
required by the MMPA.
Seal, and the Endangered Species Acts. This information collection applies to Commerce.
OMB Control Number: 0648–0084. certain protected species for which ACTION: Notice; public meeting.
Form Number(s): None. NMFS is responsible, including
SUMMARY: The Pacific Fishery
Type of Request: Regular (revision cetaceans (whales, dolphins and
Management Council’s (Pacific Council)
and extension of a currently approved porpoises), pinnipeds (seals and sea
Salmon Technical Team (STT) and
information collection). lions), sawfish (largetooth and
Number of Respondents: 536. Model Evaluation Workgroup (MEW)
smalltooth), sea turtles (in water), and
Average Hours per Response: will hold a webinar, which is open to
sturgeon (Atlantic and shortnose). The
Scientific research permit applications, the public, to discuss and make
information collection may be used for
50 hours; public display permit recommendations on issues on the
future listed species.
applications, 30 hours; photography The currently approved application Council’s September 2016 agenda.
permit applications, 10 hours; General and reporting requirements will be DATES: The webinar will be held on
Authorization applications, 10 hours; revised to (1) create separate sections for Friday, September 2, from 1:30 p.m.
major permit modification requests, 35 marine mammals versus non-mammal until business for the day is complete.
hours; minor permit modification species where doing so will result in ADDRESSES: To attend the webinar, visit:
requests, 3 hours; scientific research less burden to the applicant (e.g., for http://www.gotomeeting.com/online/
permit reports, 12 hours; public display scientific methods); (2) clarify to webinar/join-webinar. Enter the
permit reports, 2 hours; photography applicants why the information is Webinar ID, which is 152–433–643, and
permit reports, 2 hours; General required and what level of detail is your name and email address (required).
Authorization reports, 8 hours; public needed for our analyses; (3) create After logging in to the webinar, please:
display inventory reporting, 2 hours; ‘enhanced help’ features (e.g., pop-up dial this TOLL number +1 (562)–247–
rmajette on DSK2TPTVN1PROD with NOTICES

and record keeping, 2 hours per permit windows) in the online application 8422 (not a toll-free number), enter the
or authorization type (including permits system, Authorizations and Permits for Attendee phone audio access code 724–
for scientific research, public display, Protected Species (APPS; https:// 010–245, and then enter your audio
photography, General Authorization; apps.nmfs.noaa.gov/) to make the phone pin (shown after joining the
and retention or transfer of rehabilitated instructions more accessible; (4) create a webinar). Participants are required to
animals). streamlined application and online use their telephone, as this is the best
Burden Hours: 7,265. module in APPS for scientific research practice to avoid technical issues and

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Document Created: 2016-08-17 23:46:28
Document Modified: 2016-08-17 23:46:28
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; issuance of four Letters of Authorization.
Dates		These Authorizations are effective from August 15, 2016, through August 14, 2017.
Contact		Dale Youngkin, Office of Protected Resources, NMFS (301) 427-8401.
FR Citation		81 FR 55177
RIN Number		0648-XE78
81 FR 55177 - Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 160 (August 18, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
