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)

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.

[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]


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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.

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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]
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