83 FR 9497 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Testing and Training Activities Conducted in the Eglin Gulf Test and Training Range in the Gulf of Mexico

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 44 (March 6, 2018)

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 United States Air Force (USAF) 96th Civil Engineer Group/Environmental Planning Office (96 CEG/ CEIEA) at Eglin Air Force Base (AFB) to take marine mammals incidental to testing and training activities in the Eglin Gulf Test and Training Range (EGTTR) in the Gulf of Mexico over the course of five years. 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 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9497-9498]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04472]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 170831846-8105-02]
RIN 0648-BH21


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Testing and Training Activities Conducted in the Eglin 
Gulf Test and Training Range in the Gulf of Mexico

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

ACTION: Notice of issuance of Letter of Authorization.

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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 United States Air Force 
(USAF) 96th Civil Engineer Group/Environmental Planning Office (96 CEG/
CEIEA) at Eglin Air Force Base (AFB) to take marine mammals incidental 
to testing and training activities in the Eglin Gulf Test and Training 
Range (EGTTR) in the Gulf of Mexico over the course of five years. 
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 February 13, 2018 through February 12, 
2023.

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: Rob Pauline, 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

[[Page 9498]]

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 species or stock through effects on annual rates of 
recruitment or survival.''
    Regulations governing the taking of individuals of two species of 
marine mammals, by Level A and Level B harassment, incidental to Eglin 
AFB testing and training activities in the EGTTR are valid from 
February 13, 2018 through February 12, 2023 and are codified at 50 CFR 
part 218, subpart G. The regulations include mitigation, monitoring, 
and reporting requirements. Pursuant to those regulations, NMFS issued 
a five-year LOA on February 8, 2018. For detailed information on this 
action, please refer to the February 8, 2018 Federal Register notice 
(83 FR 5545) and 50 CFR part 218, subpart G.

Summary of Request

    On April 15, 2017, NMFS received a request for regulations from 
Eglin AFB for the taking of marine mammals incidental to testing and 
training activities in the EGTTR (defined as the area and airspace over 
the Gulf of Mexico controlled by Eglin AFB, beginning at a point three 
nautical miles (NM) off the coast of Florida) for a period of five 
years. On August 24, 2017, we published a notice of receipt of Eglin 
AFB's application in the Federal Register (82 FR 40141), requesting 
comments and information for thirty days related to Eglin AFB's 
request. We subsequently published a notice of proposed rulemaking in 
the Federal Register on December 27, 2017 (82 FR 61372), again 
requesting public comments. To support issuance of the LOA, NMFS 
adopted the USAF's 2015 Eglin Gulf Test and Training Range 
Environmental Assessment and issued a Finding of No Significant Impact 
(FONSI) on February 2, 2018. The final rule (83 FR 5545, February 8, 
2018) and Eglin AFB's EA include a complete description of the 
specified training activities incidental to which NMFS is authorizing 
take of marine mammals. Air-to-surface exercises involving surface and 
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 Eglin AFB authorizing the take of marine 
mammals, by harassment, incidental to testing and training activities 
on the EGTTR. The level and type of take authorized by the LOA is the 
same as the level and type of take analyzed in and covered by the final 
rule (83 FR 5545, February 8, 2018). 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: Mission delay during live ordnance mission activities if 
protected species, large schools of fish, or large flocks of birds are 
observed feeding at the surface within the zone of influence; mission 
delay if daytime weather and/or sea conditions preclude adequate 
monitoring for detecting marine mammals and other marine life; aborting 
activities for remainder of day if one or more sperm or baleen whales 
are detected during pre-mission monitoring activities; and ramp-up 
procedures will be implemented for gunnery operations. Eglin AFB is 
required to also comply with monitoring and reporting measures under 50 
CFR 218.65 which includes use of vessel-based monitoring, aerial-based 
monitoring and video-based monitoring via live high-definition video 
feed; employment of marine mammal monitors who have completed Eglin's 
Marine Species Observer Training; and submission of monitoring reports 
that will record all occurrences of marine mammals and any behavior or 
behavioral reactions observed, any observed incidents of injury or 
behavioral harassment, and any required mission delays. 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 
(83 FR 5545; February 8, 2018).
    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 testing and training activities in the EGTTR 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 February 12, 2023, provided Eglin 
AFB 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 G and the LOA.

    Dated: February 28, 2018.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-04472 Filed 3-5-18; 8:45 am]
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