81 FR 72782 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. 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 204 (October 21, 2016)

Page Range		72782-72783
FR Document		2016-25532

NMFS has received a request from the U.S. Navy (Navy) for authorization to take, by harassment, marine mammals incidental to conducting operations of Surveillance Towed Array Sensor System (SURTASS) Low Frequency Active (LFA) sonar for the period beginning August 2017 and ending August 2022. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy's request for regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy's application and request.

Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016)

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72782-72783]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25532]



[[Page 72782]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE859


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. 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; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for 
authorization to take, by harassment, marine mammals incidental to 
conducting operations of Surveillance Towed Array Sensor System 
(SURTASS) Low Frequency Active (LFA) sonar for the period beginning 
August 2017 and ending August 2022. Pursuant to the implementing 
regulations of the Marine Mammal Protection Act (MMPA), NMFS is 
announcing our receipt of the Navy's request for regulations governing 
the incidental taking of marine mammals and inviting information, 
suggestions, and comments on the Navy's application and request.

DATES: Comments and information must be received no later than November 
21, 2016.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits, Conservation and Education Division, Office 
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is [email protected]. NMFS is not 
responsible for email comments sent to addresses other than the one 
provided here. Comments sent via email, including all attachments, must 
not exceed a 10-megabyte file size.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Dale Youngkin, Office of Protected 
Resources, NMFS; phone: (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Availability

    An electronic copy of the Navy's application may be obtained online 
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. 
The Navy released a draft Supplemental Environmental Impact Statement 
(DSEIS) for the employment of SURTASS LFA sonar on August 26, 2016. A 
copy of the DSEIS, which would also support NMFS' proposed rulemaking 
under the MMPA, is available at http://www.surtass-lfa-eis.com.

Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act 
of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary 
of Commerce (Secretary) to allow, upon request, the incidental, but not 
intentional taking of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) if certain findings 
are made and regulations are issued or, if the taking is limited to 
harassment, notice of a proposed authorization is provided to the 
public for review.
    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 taking 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``. . . 
an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''
    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].

Summary of Request

    On August 26, 2016, NMFS received an application from the Navy 
requesting authorization to take individuals of 104 species of marine 
mammals (75 cetaceans and 29 pinnipeds), by harassment, incidental to 
training, testing, and routine military operations (all categorized as 
military readiness activities) using SURTASS LFA sonar over the course 
of five years between August 15, 2017 and August 15, 2022.
    The Navy states that these training, testing, and routine military 
activities may expose some of the marine mammals present in the 
operational areas to sound from low-frequency active sonar sources. 
Because marine mammals may be harassed due to noise disturbance 
incidental to the use of SURTASS LFA sonar during training, testing, 
and routine military operations, the Navy utilized the most recent NMFS 
acoustic Technical Guidance (NMFS 2016) to analyze potential takes of 
marine mammals. The Navy requests authorization to take individuals of 
104 species of marine mammals by Level B Harassment. Further, the Navy 
states that the probability of taking marine mammals by Level A 
Harassment is less than 0.001 percent. However, because the probability 
is not zero, the Navy has included a small number of Level A harassment 
in its authorization request as a precautionary measure.
    This will be NMFS' fourth rule making for SURTASS LFA sonar 
operations under the MMPA. NMFS published the first rule effective from 
August 2002 through August 2007 on July 16, 2002 (67 FR 46712); the 
second rule effective from August 2007 through August 2012 on August 
21, 2007 (72 FR 46846); and the third rule effective from August 2012 
through August 2012 (77 FR 50290). For this fourth rule making, the 
Navy is proposing to conduct the same types of sonar activities in the 
proposed rulemaking as they have conducted over the past fourteen years 
in the previous three rule makings with the exceptions of updating the 
LFA sonar duty cycle from 20 percent to 7.5-10 percent based on 
historical data. In addition, the Navy is proposing a Preferred 
Alternative (Alternative 2) in their DSEIS that would transmit a 
maximum number of 255 hours of LFA sonar per vessel per year, as 
opposed to the previously authorized 432 hours of LFA sonar per vessel 
per year.

Description of the Specified Activity

    The Navy proposes to deploy the system on a maximum of four U.S. 
Naval ships: The USNS ABLE, the USNS EFFECTIVE, the USNS

[[Page 72783]]

IMPECCABLE and the USNS VICTORIOUS) in certain areas of the Pacific, 
Atlantic, and Indian Oceans and the Mediterranean Sea. Nominal at-sea 
missions for each vessel using SURTASS LFA sonar would last up to 294 
days, with 240 days of active sonar transmissions and 54 days of 
transit. The maximum number of actual transmission hours per vessel 
would not exceed 255 hours annually under the Preferred Alternative. 
The application describes the activity types, the equipment and 
platforms involved, and the duration and potential locations of the 
specified activities.
    A suite of proposed mitigation measures for marine mammals that 
could potentially be affected during SURTASS LFA sonar operations 
includes restricting the use of SURTASS LFA sonar such that it will not 
operate in Arctic and Antarctic waters; sound pressure levels (SPL) 
will not exceed 180 decibels (dB) re 1 [mu]Pa (rms) within 12 nautical 
miles of any emerged features of any coastline, or within designated 
offshore biologically important areas (OBIAs) for marine mammals; and 
the Navy will minimize exposure of marine mammals to SURTASS LFA sonar 
signal received levels of 180 dB re 1 [mu]Pa (rms) by monitoring for 
their presence and suspending transmission when animals enter the 
mitigation zone.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (see ADDRESSES). NMFS will 
consider all information, suggestions, and comments related to the 
Navy's request and NMFS' potential development and implementation of 
regulations governing the incidental taking of marine mammals by the 
Navy's SURTASS LFA sonar activities.

    Dated: October 4, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-25532 Filed 10-20-16; 8:45 am]
 BILLING CODE 3510-22-P

72782 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices

DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Dale Summary of Request
Youngkin, Office of Protected On August 26, 2016, NMFS received
National Oceanic and Atmospheric Resources, NMFS; phone: (301) 427– an application from the Navy requesting
Administration 8401. authorization to take individuals of 104
RIN 0648–XE859 SUPPLEMENTARY INFORMATION: species of marine mammals (75
cetaceans and 29 pinnipeds), by
Taking and Importing Marine Availability
harassment, incidental to training,
Mammals; Taking Marine Mammals An electronic copy of the Navy’s testing, and routine military operations
Incidental to U.S. Navy Operations of application may be obtained online at: (all categorized as military readiness
Surveillance Towed Array Sensor http://www.nmfs.noaa.gov/pr/permits/ activities) using SURTASS LFA sonar
System Low Frequency Active Sonar incidental.htm#applications. The Navy over the course of five years between
released a draft Supplemental August 15, 2017 and August 15, 2022.
AGENCY: National Marine Fisheries Environmental Impact Statement The Navy states that these training,
Service (NMFS), National Oceanic and (DSEIS) for the employment of testing, and routine military activities
Atmospheric Administration (NOAA), SURTASS LFA sonar on August 26, may expose some of the marine
Commerce. 2016. A copy of the DSEIS, which mammals present in the operational
ACTION: Notice; receipt of application for would also support NMFS’ proposed areas to sound from low-frequency
letter of authorization; request for rulemaking under the MMPA, is active sonar sources. Because marine
comments and information. available at http://www.surtass-lfa- mammals may be harassed due to noise
eis.com. disturbance incidental to the use of
SUMMARY: NMFS has received a request
Background SURTASS LFA sonar during training,
from the U.S. Navy (Navy) for
testing, and routine military operations,
authorization to take, by harassment, Sections 101(a)(5)(A) and (D) of the the Navy utilized the most recent NMFS
marine mammals incidental to Marine Mammal Protection Act of 1972, acoustic Technical Guidance (NMFS
conducting operations of Surveillance as amended (MMPA; 16 U.S.C. 1361 et 2016) to analyze potential takes of
Towed Array Sensor System seq.) direct the Secretary of Commerce marine mammals. The Navy requests
(SURTASS) Low Frequency Active (Secretary) to allow, upon request, the authorization to take individuals of 104
(LFA) sonar for the period beginning incidental, but not intentional taking of species of marine mammals by Level B
August 2017 and ending August 2022. marine mammals by U.S. citizens who Harassment. Further, the Navy states
Pursuant to the implementing engage in a specified activity (other than that the probability of taking marine
regulations of the Marine Mammal commercial fishing) if certain findings mammals by Level A Harassment is less
Protection Act (MMPA), NMFS is are made and regulations are issued or, than 0.001 percent. However, because
announcing our receipt of the Navy’s if the taking is limited to harassment, the probability is not zero, the Navy has
request for regulations governing the notice of a proposed authorization is included a small number of Level A
incidental taking of marine mammals provided to the public for review. harassment in its authorization request
and inviting information, suggestions, Authorization for incidental takings as a precautionary measure.
and comments on the Navy’s shall be granted if NMFS finds that the This will be NMFS’ fourth rule
application and request. taking will have a negligible impact on making for SURTASS LFA sonar
DATES: Comments and information must the species or stock(s), will not have an operations under the MMPA. NMFS
be received no later than November 21, unmitigable adverse impact on the published the first rule effective from
2016. availability of the species or stock(s) for August 2002 through August 2007 on
ADDRESSES: Comments on the subsistence uses (where relevant), and if July 16, 2002 (67 FR 46712); the second
application should be addressed to Jolie the permissible methods of taking and rule effective from August 2007 through
Harrison, Chief, Permits, Conservation requirements pertaining to the August 2012 on August 21, 2007 (72 FR
and Education Division, Office of mitigation, monitoring and reporting of 46846); and the third rule effective from
Protected Resources, National Marine such taking are set forth. August 2012 through August 2012 (77
Fisheries Service, 1315 East-West NMFS has defined ‘‘negligible FR 50290). For this fourth rule making,
Highway, Silver Spring, MD 20910– impact’’ in 50 CFR 216.103 as ‘‘. . . an the Navy is proposing to conduct the
3225. The mailbox address for providing impact resulting from the specified same types of sonar activities in the
email comments is ITP.Youngkin@ activity that cannot be reasonably proposed rulemaking as they have
noaa.gov. NMFS is not responsible for expected to, and is not reasonably likely conducted over the past fourteen years
email comments sent to addresses other to, adversely affect the species or stock in the previous three rule makings with
than the one provided here. Comments through effects on annual rates of the exceptions of updating the LFA
sent via email, including all recruitment or survival.’’ sonar duty cycle from 20 percent to 7.5–
attachments, must not exceed a 10- With respect to military readiness 10 percent based on historical data. In
megabyte file size. activities, the MMPA defines addition, the Navy is proposing a
Instructions: All comments received ‘‘harassment’’ as: Preferred Alternative (Alternative 2) in
are a part of the public record and will (i) Any act that injures or has the their DSEIS that would transmit a
generally be posted to http:// significant potential to injure a marine maximum number of 255 hours of LFA
www.nmfs.noaa.gov/pr/permits/ mammal or marine mammal stock in the wild
asabaliauskas on DSK3SPTVN1PROD with NOTICES

sonar per vessel per year, as opposed to
incidental.htm#applications without [Level A Harassment]; or (ii) any act that the previously authorized 432 hours of
change. All Personal Identifying disturbs or is likely to disturb a marine
LFA sonar per vessel per year.
Information (for example, name, mammal or marine mammal stock in the wild
by causing disruption of natural behavioral Description of the Specified Activity
address, etc.) voluntarily submitted by patterns, including, but not limited to,
the commenter may be publicly migration, surfacing, nursing, breeding, The Navy proposes to deploy the
accessible. Do not submit Confidential feeding, or sheltering, to a point where such system on a maximum of four U.S.
Business Information or otherwise behavioral patterns are abandoned or Naval ships: The USNS ABLE, the
sensitive or protected information. significantly altered [Level B Harassment]. USNS EFFECTIVE, the USNS

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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices 72783

IMPECCABLE and the USNS DEPARTMENT OF COMMERCE program for many years, which includes
VICTORIOUS) in certain areas of the a Regional Vessel Register (Register) to
Pacific, Atlantic, and Indian Oceans and National Oceanic and Atmospheric maintain a record of vessels that are
the Mediterranean Sea. Nominal at-sea Administration authorized to fish for tuna and tuna-like
missions for each vessel using RIN 0648–XE901
species in the Convention Area.
SURTASS LFA sonar would last up to International Obligations of the United
294 days, with 240 days of active sonar International Fisheries; Pacific Tuna States Under the Convention
transmissions and 54 days of transit. Fisheries; Well Volume in the Regional
Vessel Register of the Inter-American As a member of the IATTC, the
The maximum number of actual United States is legally bound to
transmission hours per vessel would not Tropical Tuna Commission
implement decisions of the IATTC. The
exceed 255 hours annually under the AGENCY: National Marine Fisheries Tuna Conventions Act (16 U.S.C. 951–
Preferred Alternative. The application Service (NMFS), National Oceanic and 962) provides that the Secretary of
describes the activity types, the Atmospheric Administration (NOAA), Commerce, in consultation with the
equipment and platforms involved, and Commerce. Secretary of State and, with respect to
the duration and potential locations of ACTION: Notice to the U.S. purse seine enforcement measures, the Secretary of
the specified activities. fleet fishing for tuna and tuna-like the Department of Homeland Security,
A suite of proposed mitigation species in the Eastern Pacific Ocean. may promulgate such regulations as
measures for marine mammals that may be necessary to carry out the
could potentially be affected during SUMMARY: The intent of this notice is to United States’ international obligations
SURTASS LFA sonar operations inform the U.S. purse seine fleet fishing under the Convention, including
includes restricting the use of SURTASS for tuna or tuna-like species in the recommendations and decisions
Eastern Pacific Ocean (EPO) about Inter- adopted by the IATTC. The Secretary’s
LFA sonar such that it will not operate
American Tropical Tuna Commission authority to promulgate such
in Arctic and Antarctic waters; sound
(IATTC) Resolution C–15–02 regulations has been delegated to
pressure levels (SPL) will not exceed
(Resolution on the Deadline Applicable NMFS.
180 decibels (dB) re 1 mPa (rms) within to Revisions of Well Volume in
12 nautical miles of any emerged IATTC Resolution C–15–02
Paragraph 6 of Resolution C–02–03).
features of any coastline, or within Resolution C–02–03 was agreed to at
DATES: IATTC Resolution C–15–02 will
designated offshore biologically the 69th meeting of the IATTC in
become effective January 1, 2017.
important areas (OBIAs) for marine Manzanillo, Mexico in 2002. Among
mammals; and the Navy will minimize FOR FURTHER INFORMATION CONTACT:
other things, the Resolution stated that,
exposure of marine mammals to Chris Fanning, West Coast Region, ‘‘the well volume of each purse-seine
SURTASS LFA sonar signal received NMFS, at Chris.Fanning@noaa.gov, or at vessel, once confirmed. . ., shall be
(562) 980–4198. reflected in the Register.’’ This
levels of 180 dB re 1 mPa (rms) by
monitoring for their presence and SUPPLEMENTARY INFORMATION: Resolution was implemented
suspending transmission when animals Background on the IATTC domestically through regulations at 50
enter the mitigation zone. CFR 300.22(b). At the 89th meeting of
The United States is a member of the the IATTC in Guayaquil, Ecuador in
Information Solicited IATTC, which was established under 2015, Resolution C–02–03 was amended
the 1949 Convention for the to Resolution C–15–02. This Resolution
Interested persons may submit Establishment of an Inter-American required that a deadline be set for all
information, suggestions, and comments Tropical Tuna Commission. In 2003, the purse seine well volumes (identified as
concerning the Navy’s request (see IATTC adopted the Convention for the ‘‘Fish Hold Volume (m3)’’ in the
ADDRESSES). NMFS will consider all Strengthening of the IATTC Established Register) to be confirmed. Resolution C–
information, suggestions, and comments by the 1949 Convention between the 15–02 states that on January 1, 2017, all
related to the Navy’s request and NMFS’ United States of America and the purse seine well volumes in the Register
potential development and Republic of Costa Rica (Antigua will be considered confirmed, and the
implementation of regulations Convention), which entered into force well volume of any new purse seine
governing the incidental taking of in 2010. The United States acceded to vessel added to the Register after that
marine mammals by the Navy’s the Antigua Convention on February 24, date will be considered confirmed at the
SURTASS LFA sonar activities. 2016. The full text of the Antigua time they are added to the Register.
Convention is available at: https://
Dated: October 4, 2016. Impact on the U.S. Purse Seine Fleet
www.iattc.org/PDFFiles2/Antigua_
Donna S. Wieting, Convention_Jun_2003.pdf. For purse seine vessels currently
Director, Office of Protected Resources, The IATTC consists of 21 member listed on the Register, the well volume
National Marine Fisheries Service. nations and four cooperating non- listed in the Register on January 1, 2017,
[FR Doc. 2016–25532 Filed 10–20–16; 8:45 am] member nations and facilitates scientific will be considered confirmed, even if
BILLING CODE 3510–22–P research into, as well as the documentation (e.g., blueprints, marine
conservation and management of, highly survey) verifying well volume has never
migratory species of fish in the IATTC been submitted. Additionally, if a new
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Convention Area. The IATTC purse seine vessel is added to the
Convention Area is defined as the Register, the well volume submitted at
waters of the EPO within the area the time it is added will be considered
bounded by the west coast of the confirmed whether or not it is
Americas and by 50° N. latitude, 150° accompanied by documentation.
W. longitude, and 50° S. latitude. The If the owner of a vessel currently
IATTC has maintained a scientific listed on the Register would like to
research and fishery monitoring submit documentation to verify the

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Document Created: 2018-02-13 16:35:45
Document Modified: 2018-02-13 16:35:45

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; receipt of application for letter of authorization; request for comments and information.
Dates		Comments and information must be received no later than November 21, 2016.
Contact		Dale Youngkin, Office of Protected Resources, NMFS; phone: (301) 427-8401.
FR Citation		81 FR 72782
RIN Number		0648-XE85

81 FR 72782 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 204 (October 21, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration