81 FR 65999 - Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Mariana Islands Training and Testing Study Area and the Atlantic Fleet Training and Testing Study Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 186 (September 26, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 186 (September 26, 2016)
| Page Range | 65999-66000 | |
| FR Document | 2016-22997 |
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)] [Notices] [Pages 65999-66000] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22997] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE890 Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Mariana Islands Training and Testing Study Area and the Atlantic Fleet Training and Testing Study Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of modified Letters of Authorization. ----------------------------------------------------------------------- SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that modified Letters of Authorization (LOAs) have been issued to the U.S. Navy (Navy) for the take of marine mammals incidental to training and testing activities conducted in the Mariana Islands Training and Testing (MITT) Study Area and the Atlantic Fleet Training and Testing (AFTT) Study Area. These modifications reflect changes to Navy watchstander (lookout) reporting requirements, which do not affect current mitigation measures, for observed behavior of marine mammals during Major Training Exercises (MTEs) in the MITT and AFTT study areas. DATES: MITT: Effective through April 3, 2020; AFTT: Effective through November 13, 2018. ADDRESSES: The LOAs and supporting documentation are available online at: www.nmfs.noaa.gov/pr/permits/incidental/military.htm. In case of problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: John Fiorentino, Office of Protected Resources, NMFS, (301) 427-8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.'' The National Defense Authorization Act of 2004 (Pub. L. 108-136) removed the ``small numbers'' and ``specified geographical region'' limitations indicated above and amended the definition of ``harassment'' as applies to a ``military readiness activity'' to read as follows (section 3(18)(B) of the MMPA, 16 U.S.C. 1362(18)(B)): ``(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild'' (Level A Harassment); or ``(ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered'' (Level B Harassment). Summary of Request On December 4, 2013 and August 3, 2015, NMFS issued regulations under the MMPA governing the unintentional taking of marine mammals incidental to training and testing activities conducted in the AFTT and MITT study areas, respectively (78 FR 73010; 80 FR 46112). These regulations allowed us to issue LOAs for the incidental take of marine mammals during the Navy's specified activities and timeframes, set forth the permissible methods of taking, set forth other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, and set forth requirements pertaining to the monitoring and reporting of the incidental take. On June 3, 2015, proposed changes to the watchstander reporting requirements for AFTT and MITT (and other active Navy Phase II training and testing rulemakings--i.e., Hawaii-Southern California Training and Testing; Gulf of Alaska Temporary Maritime Activities Area Training) were included in the proposed rule for the Navy's training and testing activities in the Northwest Training and Testing (NWTT) Study Area (80 FR 31738). There were no comments received on the proposed watchstander modifications during the 45-day public comment period for the NWTT proposed rule, and NMFS issued regulations reflecting the new watchstander reporting modifications on November 24, 2015 (80 FR 73556). Authorization We have issued modified LOAs to the Navy authorizing the take of marine mammals incidental to training and testing activities, as described above; no changes to the LOAs other than the watchstander reporting modifications have been made. With these watchstander modifications, the Navy would no longer be required to report individual marine mammal sighting information when mitigation is not being implemented during the MTEs. After five years of collecting marine mammal sighting data for all animals sighted during MTEs, NMFS and the Navy have determined that this data set does not provide for any meaningful analysis beyond that which may be possible using mitigation-related observations alone because the Navy is unable to identify species information. NMFS and the Navy have thoroughly investigated several potential uses for the data prior to reaching this conclusion. Additionally, as discussed during the adaptive management process, this reporting requirement places an administrative burden on [[Page 66000]] ships' watch teams, which is undue, given that the information collected does not contribute to any meaningful analysis. The Navy will continue to collect marine mammal sighting data during MTEs for every instance when any form of mitigation is employed, such as powering down or securing sonar, maneuvering the ship, or delaying an event--in other words, in instances where animals are closer to the sound source around which mitigation measures are implemented. This data is useful in supporting mitigation effectiveness analyses and also may be helpful in supporting an understanding of the frequency with which marine mammals (generally, not by species) may be encountered or detected in close proximity to a particular source (e.g., where the likelihood of auditory or other injury is higher). Dated: September 20, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-22997 Filed 9-23-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices 65999
Although other non-emergency issues ADDRESSES: The LOAs and supporting Summary of Request
not on the agenda may come before this documentation are available online at: On December 4, 2013 and August 3,
group for discussion, in accordance www.nmfs.noaa.gov/pr/permits/ 2015, NMFS issued regulations under
with the Magnuson-Stevens Fishery incidental/military.htm. In case of the MMPA governing the unintentional
Conservation and Management Act, problems accessing these documents, taking of marine mammals incidental to
those issues may not be the subject of please call the contact listed below. training and testing activities conducted
formal action during this meeting. FOR FURTHER INFORMATION CONTACT: John in the AFTT and MITT study areas,
Actions will be restricted to those issues Fiorentino, Office of Protected respectively (78 FR 73010; 80 FR
specifically identified in the agenda and Resources, NMFS, (301) 427–8401. 46112). These regulations allowed us to
any issues arising after publication of issue LOAs for the incidental take of
this notice that require emergency SUPPLEMENTARY INFORMATION:
marine mammals during the Navy’s
action under section 305(c) of the Background specified activities and timeframes, set
Magnuson-Stevens Fishery forth the permissible methods of taking,
Conservation and Management Act, Sections 101(a)(5)(A) and (D) of the
set forth other means of effecting the
provided the public has been notified of MMPA (16 U.S.C. 1361 et seq.) direct
least practicable adverse impact on
the Council’s intent to take action to the Secretary of Commerce to allow,
marine mammal species or stocks and
address the emergency. upon request, the incidental, but not
their habitat, and set forth requirements
intentional, taking of small numbers of
Dated: September 21, 2016. pertaining to the monitoring and
marine mammals by U.S. citizens who
Tracey Thompson, reporting of the incidental take. On June
engage in a specified activity (other than
Acting Director, Office of Sustainable 3, 2015, proposed changes to the
commercial fishing) within a specified
Fisheries, National Marine Fisheries Service. watchstander reporting requirements for
geographical region if certain findings
[FR Doc. 2016–23067 Filed 9–23–16; 8:45 am] AFTT and MITT (and other active Navy
are made and either regulations are
BILLING CODE 3510–22–P Phase II training and testing
issued or, if the taking is limited to
rulemakings—i.e., Hawaii-Southern
harassment, a notice of a proposed
California Training and Testing; Gulf of
authorization is provided to the public
DEPARTMENT OF COMMERCE Alaska Temporary Maritime Activities
for review.
Area Training) were included in the
National Oceanic and Atmospheric An authorization for incidental proposed rule for the Navy’s training
Administration takings shall be granted if NMFS finds and testing activities in the Northwest
that the taking will have a negligible Training and Testing (NWTT) Study
impact on the species or stock(s), will Area (80 FR 31738). There were no
RIN 0648–XE890
not have an unmitigable adverse impact comments received on the proposed
Takes of Marine Mammals Incidental to on the availability of the species or watchstander modifications during the
Specified Activities; U.S. Navy Training stock(s) for subsistence uses (where 45-day public comment period for the
and Testing Activities in the Mariana relevant), and if the permissible NWTT proposed rule, and NMFS issued
Islands Training and Testing Study methods of taking and requirements regulations reflecting the new
Area and the Atlantic Fleet Training pertaining to the mitigation, monitoring watchstander reporting modifications
and Testing Study Area and reporting of such takings are set on November 24, 2015 (80 FR 73556).
forth. NMFS has defined ‘‘negligible
AGENCY: National Marine Fisheries impact’’ in 50 CFR 216.103 as ‘‘an Authorization
Service (NMFS), National Oceanic and impact resulting from the specified We have issued modified LOAs to the
Atmospheric Administration (NOAA), activity that cannot be reasonably Navy authorizing the take of marine
Commerce. expected to, and is not reasonably likely mammals incidental to training and
ACTION: Notice of issuance of modified to, adversely affect the species or stock testing activities, as described above; no
Letters of Authorization. through effects on annual rates of changes to the LOAs other than the
recruitment or survival.’’ watchstander reporting modifications
SUMMARY: In accordance with the The National Defense Authorization have been made. With these
Marine Mammal Protection Act Act of 2004 (Pub. L. 108–136) removed watchstander modifications, the Navy
(MMPA), as amended, and the ‘‘small numbers’’ and ‘‘specified would no longer be required to report
implementing regulations, notification geographical region’’ limitations individual marine mammal sighting
is hereby given that modified Letters of indicated above and amended the information when mitigation is not
Authorization (LOAs) have been issued definition of ‘‘harassment’’ as applies to being implemented during the MTEs.
to the U.S. Navy (Navy) for the take of a ‘‘military readiness activity’’ to read as After five years of collecting marine
marine mammals incidental to training follows (section 3(18)(B) of the MMPA, mammal sighting data for all animals
and testing activities conducted in the 16 U.S.C. 1362(18)(B)): ‘‘(i) any act that sighted during MTEs, NMFS and the
Mariana Islands Training and Testing injures or has the significant potential to Navy have determined that this data set
(MITT) Study Area and the Atlantic injure a marine mammal or marine does not provide for any meaningful
Fleet Training and Testing (AFTT) mammal stock in the wild’’ (Level A analysis beyond that which may be
Study Area. These modifications reflect Harassment); or ‘‘(ii) any act that possible using mitigation-related
changes to Navy watchstander (lookout) disturbs or is likely to disturb a marine observations alone because the Navy is
reporting requirements, which do not mammal or marine mammal stock in the unable to identify species information.
mstockstill on DSK3G9T082PROD with NOTICES
affect current mitigation measures, for wild by causing disruption of natural NMFS and the Navy have thoroughly
observed behavior of marine mammals behavioral patterns, including, but not investigated several potential uses for
during Major Training Exercises (MTEs) limited to, migration, surfacing, nursing, the data prior to reaching this
in the MITT and AFTT study areas. breeding, feeding, or sheltering, to a conclusion. Additionally, as discussed
DATES: MITT: Effective through April 3, point where such behavioral patterns during the adaptive management
2020; AFTT: Effective through are abandoned or significantly altered’’ process, this reporting requirement
November 13, 2018. (Level B Harassment). places an administrative burden on
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![66000 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices
ships’ watch teams, which is undue, New England Fishery Management Improvements’’, Inventors Wetzel and
given that the information collected Council; telephone: (978) 465–0492. Nenno, Filed March 1, 2016.
does not contribute to any meaningful SUPPLEMENTARY INFORMATION: DATES: The prospective partially
analysis. The Navy will continue to exclusive license may be granted unless
collect marine mammal sighting data Agenda
within fifteen (15) days from the date of
during MTEs for every instance when The Committee will receive a report this published notice, the U.S. Army
any form of mitigation is employed, on Amendment 22 limited access Research Laboratory receives written
such as powering down or securing qualification alternatives developed objections including evidence and
sonar, maneuvering the ship, or during the October 6, 2016 Joint argument that establish that the grant of
delaying an event—in other words, in Advisory Panel (AP)—Plan the license would not be consistent with
instances where animals are closer to Development Team (PDT) meeting. the requirements of 35 U.S.C. 209 and
the sound source around which They will also receive a summary of the 37 CFR 404.7. Competing applications
mitigation measures are implemented. 2015 Annual Monitoring Report from completed and received by the U.S.
This data is useful in supporting the PDT as well as discuss scheduling Army Research Laboratory within
mitigation effectiveness analyses and of actions and priorities for 2017. The fifteen (15) days from the date of this
also may be helpful in supporting an Committee will have a closed session to published notice will also be treated as
understanding of the frequency with review of AP applications for 2018–20 objections to the grant of the
which marine mammals (generally, not and make recommendations for contemplated exclusive license.
by species) may be encountered or approval to the Council’s Executive Objections submitted in response to
detected in close proximity to a committee. Other business, as this notice will not be made available to
particular source (e.g., where the necessary. the public for inspection and, to the
likelihood of auditory or other injury is extent permitted by law, will not be
higher). Special Accommodations
released under the Freedom of
Dated: September 20, 2016. This meeting is physically accessible Information Act, 5 U.S.C. 552.
Donna S. Wieting,
to people with disabilities. Requests for
ADDRESSES: Send written objections to
sign language interpretation or other
Director, Office of Protected Resources,
auxiliary aids should be directed to U.S. Army Research Laboratory
National Marine Fisheries Service. Technology Transfer and Outreach
Thomas A. Nies, Executive Director, at
[FR Doc. 2016–22997 Filed 9–23–16; 8:45 am]
(978) 465–0492, at least 5 days prior to Office, RDRL–DPT/Thomas Mulkern,
BILLING CODE 3510–22–P
the meeting date. Building 321 Room 110, Aberdeen
Proving Ground, MD 21005–5425.
Authority: 16 U.S.C. 1801 et seq.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE Dated: September 21, 2016. Thomas Mulkern, (410) 278–0889,
Tracey L. Thompson, Email: ORTA@arl.army.mil.
National Oceanic and Atmospheric
Acting Deputy Director, Office of Sustainable SUPPLEMENTARY INFORMATION: None.
Administration
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–23127 Filed 9–23–16; 8:45 am] Brenda S. Bowen,
RIN 0648–XE907 Army Federal Register Liaison Officer.
BILLING CODE 3510–22–P
New England Fishery Management [FR Doc. 2016–23084 Filed 9–23–16; 8:45 am]
Council; Public Meeting BILLING CODE 5001–03–P
DEPARTMENT OF DEFENSE
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and Department of the Army DEPARTMENT OF DEFENSE
Atmospheric Administration (NOAA),
Commerce. Notice of Intent To Grant Exclusive Department of the Navy
ACTION: Notice; public meeting. Patent License to GoXtudio, Inc.;
Tempe, AZ Meeting of the Board of Visitors of
SUMMARY: The New England Fishery Marine Corps University
Management Council (Council) is AGENCY: Department of the Army, DoD.
AGENCY: Department of the Navy, DOD.
scheduling a public meeting of its ACTION: Notice of intent.
Whiting Committee to consider actions ACTION: Notice of open meeting.
affecting New England fisheries in the SUMMARY: In compliance with 35 U.S.C.
209(e) and 37 CFR 404.7(a)(1)(i), the SUMMARY: The Board of Visitors of the
exclusive economic zone (EEZ). Marine Corps University (BOV MCU)
Recommendations from this group will Department of the Army hereby gives
be brought to the full Council for formal notice of its intent to grant to GoXtudio, will meet to review, develop and
Inc.; a corporation having its principle provide recommendations on all aspects
consideration and action, if appropriate. of the academic and administrative
place of business at 2121 S. Mill Ave.
DATES: This meeting will be held on policies of the University; examine all
Suite 214, Tempe, AZ 85282, exclusive
Thursday, October 13, 2016 at 10 a.m. license in the fields of ankle and knee aspects of professional military
ADDRESSES: braces incorporating rate-actuated tether education operations; and provide such
Meeting address: The meeting will be (RAT) straps. The proposed license oversight and advice, as is necessary, to
held at the Hilton Garden Inn, One would be relative to the following: facilitate high educational standards
mstockstill on DSK3G9T082PROD with NOTICES
Thurber Street, Warwick, RI 02886 • U.S. Patent Number 9,303,717 and cost effective operations. The Board
telephone: (401) 734–9600. entitled ‘‘Rate Responsive, Stretchable will be focusing primarily on the
Council address: New England Devices’’, Inventors Wetzel and Nenno, internal procedures of Marine Corps
Fishery Management Council, 50 Water Issue Date March 16, 2016. University. All sessions of the meeting
Street, Mill 2, Newburyport, MA 01950. • U.S. Patent Application Number 15/ will be open to the public.
FOR FURTHER INFORMATION CONTACT: 057,944 entitled ‘‘Rate Responsive, DATES: The meeting will be held on
Thomas A. Nies, Executive Director, Stretchable Devices, Further Thursday, 13 October 2016, from 0800–
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Document Created: 2018-02-09 13:23:22
Document Modified: 2018-02-09 13:23:22
| 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 of issuance of modified Letters of Authorization. | |
| Dates | MITT: Effective through April 3, 2020; AFTT: Effective through November 13, 2018. | |
| Contact | John Fiorentino, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 81 FR 65999 | |
| RIN Number | 0648-XE89 |
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