82 FR 40998 - Taking Marine Mammals Incidental to the U.S. Air Force 86 Fighter Weapons Squadron Conducting Long Range Strike Weapons System Evaluation Program

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 166 (August 29, 2017)

Page Range		40998-40999
FR Document		2017-18260

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notice is hereby given that a Letter of Authorization (LOA) has been issued to the U.S. Air Force (USAF) 86 Fighter Weapon Squadron (86 FWS) to take marine mammals incidental to Long Range Strike (LRS) Weapons System Evaluation Program (WSEP) exercises on the Barking Sands Underwater Range Expansion (BSURE) area of the Pacific Missile Range Facility (PMRF) off Kauai, Hawaii. These activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act of 2004 (NDAA).

Federal Register, Volume 82 Issue 166 (Tuesday, August 29, 2017)

[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Notices]
[Pages 40998-40999]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18260]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF608


Taking Marine Mammals Incidental to the U.S. Air Force 86 Fighter 
Weapons Squadron Conducting Long Range Strike Weapons System Evaluation 
Program

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

ACTION: Notice of issuance of Letter of Authorization.

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

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and 
implementing regulations, notice is hereby given that a Letter of 
Authorization (LOA) has been issued to the U.S. Air Force (USAF) 86 
Fighter Weapon Squadron (86 FWS) to take marine mammals incidental to 
Long Range Strike (LRS) Weapons System Evaluation Program (WSEP) 
exercises on the Barking Sands Underwater Range Expansion (BSURE) area 
of the Pacific Missile Range Facility (PMRF) off Kauai, Hawaii. These 
activities are considered military readiness activities pursuant to the 
MMPA, as amended by the National Defense Authorization Act of 2004 
(NDAA).

DATES: This LOA is valid from August 21, 2017, through August 20, 2022.

ADDRESSES: The LOA and supporting documents may be obtained online at: 
www.nmfs.noaa.gov/pr/permits/incidental/military.htm. In case of 
problems accessing these documents, please call the contact listed 
below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected 
Resources, NMFS, 301-427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA directs 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 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. NMFS has been delegated the authority to issue regulations and 
Letters of Authorizations allowing the take of marine mammals 
incidental to specified activities.
    The NDAA (Pub. L. 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations indicated above and 
amended the definition of ``harassment'' as it applies to a ``military 
readiness activity'' to read as follows (Section 3(18)(B) of the MMPA): 
``(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).''
    An authorization for incidental taking 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

[[Page 40999]]

species or stock through effects on annual rates of recruitment or 
survival.''
    Regulations governing the taking of individuals of 16 species of 
marine mammals, representing 16 stocks, by Level B harassment, and 4 of 
those same species by Level A harassment, incidental to 86 FWS LRS WSEP 
training activities are valid from August 21, 2017, through August 20, 
2022 and are codified at 50 CFR part 218, subpart F. The regulations 
include mitigation, monitoring, and reporting requirements. Pursuant to 
those regulations, NMFS issued a five-year LOA for the incidental take 
of marine mammals during training activities on BSURE area of the PMRF 
on April 21, 2017. For detailed information on this action, please 
refer to the August 22, 2017 Federal Register notice (82 FR 39684) and 
50 CFR part 218, subpart F.

Summary of Request

    On December 21, 2016, NMFS received an adequate and complete 
application from the 86 FWS for regulations governing the taking of 16 
species of marine mammals representing 16 stocks incidental to LRS WSEP 
activities in the BSURE of the PMRF off Kauai, Hawaii. On January 6, 
2017, we published a notice of receipt of the 86 FWS's application in 
the Federal Register (82 FR 1702) requesting public comment on the 
application and subsequently published a notice of proposed rulemaking 
in the Federal Register on May 5, 2017 (82 FR 21156) requesting public 
comment on the proposed rule. Since publishing the proposed rule, the 
86 FWS clarified training would only occur four days per year, not five 
as presented in the application and proposed rule. Moreover, the 86 FWS 
decreased the number of munitions it would deploy annually, by 40 to 92 
percent depending on year. This decreases the number of anticipated and 
authorized takes for this activity compared to what was presented in 
the proposed rule. In addition, NMFS worked with the 86 FWS to develop 
a comprehensive marine mammal mitigation and monitoring plan designed 
to decrease potential impacts to marine mammals. To support issuance of 
the LOA, NMFS adopted the 86 FWS' Final Environmental Assessment/
Overseas Environmental Assessment (EA/OEA) for the Long Range Strike 
Weapon Systems Evaluation Program at Kauai, Hawaii, and issued a 
Finding of No Significant Impact (FONSI) on August 11, 2017.
    The final rule (82 FR 39684, August 22, 2017) and 86 FWS EA/OEA 
include a complete description of the 86 FWS's specified training 
activities incidental to which NMFS is authorizing take of marine 
mammals. Air-to-surface exercises involving surface and slightly 
subsurface live munition detonations are the stressors most likely to 
result in impacts on marine mammals that could rise to the level of 
harassment.

Authorization

    We have issued a LOA to the 86 FWS authorizing the take of marine 
mammals, by harassment, incidental to LRS WSEP training activities on 
the BSURE area of the PMRF as described above. The level and type of 
take authorized by the LOA is the same as the level and type of take 
analyzed in the final rule (82 FR 39864, August 22, 2017). Take by 
mortality or serious injury is not anticipated or authorized. Take of 
marine mammals will be minimized through implementation of mitigation 
and monitoring measures, including: Aerial surveys using sensor pods 
and range camera monitoring before, during, and after training; 
delaying exercises if a marine mammal is observed within an exclusion 
zone to avoid exposing marine mammals to levels of explosives likely to 
result in injury or death; delaying exercises if marine mammals are 
observed within a designated harassment zone if take is exceeded or not 
authorized, and shifting target coordinates as far from an observed 
marine mammal as possible. The 86 FWS is required to also comply with 
monitoring and reporting measures under 50 CFR 218.55 which includes 
collecting data from the PMRF hydrophones to better understand impacts, 
if any, of LRS WSEP training activities on marine mammals. 
Additionally, the rule and LOA include an adaptive management component 
that allows for timely modification of mitigation or monitoring 
measures based on new information, when appropriate. For full details 
on the mitigation, monitoring, and reporting requirements, please refer 
to the final rule (82 FR 39684; August 22 2017).
    Issuance of the LOA is based on findings, described in the preamble 
to the final rule, that the total taking of marine mammals incidental 
to the 86 FWS's training activities on the PMRF will have a negligible 
impact on the affected marine mammal species or stocks and will not 
have an unmitigable adverse impact on the availability of such species 
or stocks for taking for subsistence purposes.
    The LOA will remain valid through August 20, 2022, provided the 86 
FWS remains in conformance with the conditions of the regulations and 
the LOA, including the mitigation, monitoring, and reporting 
requirements described in 50 CFR part 218, subpart F and the LOA.

    Dated: August 24, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-18260 Filed 8-28-17; 8:45 am]
 BILLING CODE 3510-22-P

40998 Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices

Groundfish Advisory Subpanel 8 a.m. restricted to those issues specifically ADDRESSES: The LOA and supporting
Groundfish Management Team 8 a.m. listed in this notice and any issues documents may be obtained online at:
Sacramento River Winter Chinook arising after publication of this notice www.nmfs.noaa.gov/pr/permits/
Workgroup 8 a.m. that require emergency action under incidental/military.htm. In case of
Salmon Advisory Subpanel 8 a.m. Section 305(c) of the Magnuson-Stevens problems accessing these documents,
Scientific and Statistical Committee 8 Fishery Conservation and Management please call the contact listed below (see
a.m. Act, provided the public has been FOR FURTHER INFORMATION CONTACT).
Enforcement Consultants 3 p.m. notified of the Pacific Council’s intent to FOR FURTHER INFORMATION CONTACT:
Day 4—Thursday, September 14, 2017 take final action to address the Jaclyn Daly, Office of Protected
emergency. Resources, NMFS, 301–427–8401.
California State Delegation 7 a.m.
Special Accommodations SUPPLEMENTARY INFORMATION:
Oregon State Delegation 7 a.m.
Washington State Delegation 7 a.m. These meetings are physically Background
Ecosystem Advisory Subpanel 8 a.m. accessible to people with disabilities. Section 101(a)(5)(A) of the MMPA
Ecosystem Workgroup 8 a.m. Requests for sign language directs the Secretary of Commerce to
Groundfish Advisory Subpanel 8 a.m. interpretation or other auxiliary aids allow, upon request, the incidental, but
Groundfish Management Team 8 a.m. should be directed to Mr. Kris not intentional, taking of small numbers
Highly Migratory Species Advisory Kleinschmidt at (503) 820–2280, ext. of marine mammals by U.S. citizens
Subpanel 8 a.m. 411 at least 10 business days prior to the who engage in a specified activity (other
Highly Migratory Species Management meeting date. than commercial fishing) within a
Team 8 a.m.
Scientific and Statistical Committee
Dated: August 24, 2017. specified geographical region if certain
Ecosystem Subcommittee 8 a.m. Tracey L. Thompson, findings are made and regulations are
Enforcement Consultants Ad Hoc Acting Deputy Director, Office of Sustainable issued. Under the MMPA, the term
Groundfish Stock Assessment Fisheries, National Marine Fisheries Service. ‘‘take’’ means to harass, hunt, capture,
Presentation/Q & A 7:30 p.m. [FR Doc. 2017–18277 Filed 8–24–17; 4:15 pm] or kill or to attempt to harass, hunt,
BILLING CODE 3510–22–P capture, or kill marine mammals. NMFS
Day 5—Friday, September 15, 2017 has been delegated the authority to issue
California State Delegation 7 a.m. regulations and Letters of
Oregon State Delegation 7 a.m. DEPARTMENT OF COMMERCE Authorizations allowing the take of
Washington State Delegation 7 a.m. marine mammals incidental to specified
Groundfish Advisory Subpanel 8 a.m. National Oceanic and Atmospheric activities.
Groundfish Management Team 8 a.m. Administration The NDAA (Pub. L. 108–136)
Highly Migratory Species Advisory removed the ‘‘small numbers’’ and
Subpanel 8 a.m. RIN 0648–XF608 ‘‘specified geographical region’’
Highly Migratory Species Management limitations indicated above and
Team 8 a.m. Taking Marine Mammals Incidental to amended the definition of ‘‘harassment’’
Enforcement Consultants Ad Hoc the U.S. Air Force 86 Fighter Weapons as it applies to a ‘‘military readiness
Squadron Conducting Long Range activity’’ to read as follows (Section
Day 6—Saturday, September 16, 2017 Strike Weapons System Evaluation 3(18)(B) of the MMPA): ‘‘(i) Any act that
California State Delegation 7 a.m. Program injures or has the significant potential to
Oregon State Delegation 7 a.m. injure a marine mammal or marine
AGENCY: National Marine Fisheries mammal stock in the wild (Level A
Washington State Delegation 7 a.m.
Service (NMFS), National Oceanic and harassment); or (ii) Any act that disturbs
Groundfish Advisory Subpanel 8 a.m.
Atmospheric Administration (NOAA), or is likely to disturb a marine mammal
Groundfish Management Team 8 a.m.
Commerce. or marine mammal stock in the wild by
Highly Migratory Species Advisory
Subpanel 8 a.m. ACTION: Notice of issuance of Letter of causing disruption of natural behavioral
Highly Migratory Species Management Authorization. patterns, including, but not limited to,
Team 8 a.m. migration, surfacing, nursing, breeding,
SUMMARY: In accordance with the
Enforcement Consultants Ad Hoc feeding, or sheltering, to a point where
Marine Mammal Protection Act such behavioral patterns are abandoned
Day 7—Sunday, September 17, 2017 (MMPA) and implementing regulations, or significantly altered (Level B
California State Delegation 7 a.m. notice is hereby given that a Letter of Harassment).’’
Oregon State Delegation 7 a.m. Authorization (LOA) has been issued to An authorization for incidental taking
Washington State Delegation 7 a.m. the U.S. Air Force (USAF) 86 Fighter shall be granted if NMFS finds that the
Groundfish Advisory Subpanel 8 a.m. Weapon Squadron (86 FWS) to take taking will have a negligible impact on
Groundfish Management Team 8 a.m. marine mammals incidental to Long the species or stock(s); will not have an
Enforcement Consultants Ad Hoc Range Strike (LRS) Weapons System unmitigable adverse impact on the
Evaluation Program (WSEP) exercises availability of the species or stock(s) for
Day 8—Monday, September 18, 2017 on the Barking Sands Underwater Range subsistence uses (where relevant); and,
California State Delegation 7 a.m. Expansion (BSURE) area of the Pacific if the permissible methods of taking and
Oregon State Delegation 7 a.m. Missile Range Facility (PMRF) off Kauai, requirements pertaining to the
sradovich on DSK3GMQ082PROD with NOTICES

Washington State Delegation 7 a.m. Hawaii. These activities are considered mitigation, monitoring and reporting of
Although non-emergency issues not military readiness activities pursuant to such takings are set forth. NMFS has
contained in this agenda may come the MMPA, as amended by the National defined ‘‘negligible impact’’ in 50 CFR
before the Pacific Council for Defense Authorization Act of 2004 216.103 as ‘‘an impact resulting from
discussion, those issues may not be the (NDAA). the specified activity that cannot be
subject of formal Council action during DATES: This LOA is valid from August reasonably expected to, and is not
this meeting. Council action will be 21, 2017, through August 20, 2022. reasonably likely to, adversely affect the

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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices 40999

species or stock through effects on specified training activities incidental to monitoring, and reporting requirements
annual rates of recruitment or survival.’’ which NMFS is authorizing take of described in 50 CFR part 218, subpart F
Regulations governing the taking of marine mammals. Air-to-surface and the LOA.
individuals of 16 species of marine exercises involving surface and slightly Dated: August 24, 2017.
mammals, representing 16 stocks, by subsurface live munition detonations Donna S. Wieting,
Level B harassment, and 4 of those same are the stressors most likely to result in
species by Level A harassment, Director, Office of Protected Resources,
impacts on marine mammals that could
National Marine Fisheries Service.
incidental to 86 FWS LRS WSEP rise to the level of harassment.
training activities are valid from August [FR Doc. 2017–18260 Filed 8–28–17; 8:45 am]
21, 2017, through August 20, 2022 and Authorization BILLING CODE 3510–22–P

are codified at 50 CFR part 218, subpart We have issued a LOA to the 86 FWS
F. The regulations include mitigation, authorizing the take of marine
monitoring, and reporting requirements. mammals, by harassment, incidental to DEPARTMENT OF COMMERCE
Pursuant to those regulations, NMFS LRS WSEP training activities on the
National Oceanic and Atmospheric
issued a five-year LOA for the incidental BSURE area of the PMRF as described
above. The level and type of take Administration
take of marine mammals during training
activities on BSURE area of the PMRF authorized by the LOA is the same as
the level and type of take analyzed in RIN 0648–XF644
on April 21, 2017. For detailed
information on this action, please refer the final rule (82 FR 39864, August 22, Gulf of Mexico Fishery Management
to the August 22, 2017 Federal Register 2017). Take by mortality or serious Council; Public Meeting
notice (82 FR 39684) and 50 CFR part injury is not anticipated or authorized.
218, subpart F. Take of marine mammals will be AGENCY: National Marine Fisheries
minimized through implementation of Service (NMFS), National Oceanic and
Summary of Request mitigation and monitoring measures, Atmospheric Administration (NOAA),
On December 21, 2016, NMFS including: Aerial surveys using sensor Commerce.
received an adequate and complete pods and range camera monitoring ACTION: Notice of a public meeting.
application from the 86 FWS for before, during, and after training;
regulations governing the taking of 16 delaying exercises if a marine mammal SUMMARY: The Gulf of Mexico Fishery
species of marine mammals is observed within an exclusion zone to Management Council will hold a 3-day
representing 16 stocks incidental to LRS avoid exposing marine mammals to meeting of its Standing, Reef Fish, and
WSEP activities in the BSURE of the levels of explosives likely to result in Socioeconomics Scientific and
PMRF off Kauai, Hawaii. On January 6, injury or death; delaying exercises if Statistical Committees (SSC).
2017, we published a notice of receipt marine mammals are observed within a DATES: The meeting will convene on
of the 86 FWS’s application in the designated harassment zone if take is Tuesday, September 12, 2017, from 9
Federal Register (82 FR 1702) exceeded or not authorized, and shifting a.m. to 5 p.m., Wednesday, September
requesting public comment on the target coordinates as far from an 13, 2017, from 8:30 a.m. to 5 p.m. and
application and subsequently published observed marine mammal as possible. Thursday, September 14, 2017, from
a notice of proposed rulemaking in the The 86 FWS is required to also comply 8:30 a.m. to 2 p.m. EDT.
Federal Register on May 5, 2017 (82 FR with monitoring and reporting measures
21156) requesting public comment on ADDRESSES: The meeting will be held in
under 50 CFR 218.55 which includes
the proposed rule. Since publishing the collecting data from the PMRF the Gulf Council’s Conference Room.
proposed rule, the 86 FWS clarified hydrophones to better understand Council address: Gulf of Mexico
training would only occur four days per impacts, if any, of LRS WSEP training Fishery Management Council, 2203 N.
year, not five as presented in the activities on marine mammals. Lois Avenue, Suite 1100, Tampa, FL
application and proposed rule. Additionally, the rule and LOA include 33607; telephone: (813) 348–1630.
Moreover, the 86 FWS decreased the an adaptive management component FOR FURTHER INFORMATION CONTACT:
number of munitions it would deploy that allows for timely modification of Steven Atran, Senior Fishery Biologist,
annually, by 40 to 92 percent depending mitigation or monitoring measures Gulf of Mexico Fishery Management
on year. This decreases the number of based on new information, when Council; steven.atran@gulfcouncil.org,
anticipated and authorized takes for this appropriate. For full details on the telephone: (813) 348–1630.
activity compared to what was mitigation, monitoring, and reporting SUPPLEMENTARY INFORMATION:
presented in the proposed rule. In requirements, please refer to the final
addition, NMFS worked with the 86 Day 1—Tuesday, September 12, 2017; 9
rule (82 FR 39684; August 22 2017).
FWS to develop a comprehensive Issuance of the LOA is based on a.m.–5 p.m.
marine mammal mitigation and findings, described in the preamble to I. Introductions and Adoption of
monitoring plan designed to decrease the final rule, that the total taking of Agenda
potential impacts to marine mammals. marine mammals incidental to the 86 II. Approval of Minutes
To support issuance of the LOA, NMFS FWS’s training activities on the PMRF a. March 27–29, 2017 SSC meeting
adopted the 86 FWS’ Final will have a negligible impact on the b. May 10, 2017 SSC webinar
Environmental Assessment/Overseas affected marine mammal species or III. Selection of SSC representative at
Environmental Assessment (EA/OEA) stocks and will not have an unmitigable October 2–5, 2017 Council meeting
sradovich on DSK3GMQ082PROD with NOTICES

for the Long Range Strike Weapon adverse impact on the availability of in Biloxi, MS
Systems Evaluation Program at Kauai, such species or stocks for taking for
Standing and Socioeconomic SSC
Hawaii, and issued a Finding of No subsistence purposes.
The LOA will remain valid through Session
Significant Impact (FONSI) on August
11, 2017. August 20, 2022, provided the 86 FWS IV. Grouper and Tilefish 5-year IFQ
The final rule (82 FR 39684, August remains in conformance with the Review
22, 2017) and 86 FWS EA/OEA include conditions of the regulations and the a. Safety at sea
a complete description of the 86 FWS’s LOA, including the mitigation, b. Stakeholders survey

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Document Created: 2017-08-29 01:58:05
Document Modified: 2017-08-29 01:58:05

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 Letter of Authorization.
Dates		This LOA is valid from August 21, 2017, through August 20, 2022.
Contact		Jaclyn Daly, Office of Protected Resources, NMFS, 301-427-8401.
FR Citation		82 FR 40998
RIN Number		0648-XF60

82 FR 40998 - Taking Marine Mammals Incidental to the U.S. Air Force 86 Fighter Weapons Squadron Conducting Long Range Strike Weapons System Evaluation Program

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 166 (August 29, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration