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)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 44 (March 6, 2018)
| Page Range | 9497-9498 | |
| FR Document | 2018-04472 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices 9497
3. Environmental conditions (e.g., Request for Public Comments DEPARTMENT OF COMMERCE
wind speed and direction, Beaufort sea
state, cloud cover, and visibility); We request comment on our analyses, National Oceanic and Atmospheric
4. Description of all marine mammal the proposed authorization, and any Administration
observations and active sound source other aspect of this Notice of Proposed
[Docket No. 170831846–8105–02]
use in the 24 hours preceding the IHA for the proposed research and
incident; monitoring project. We also request RIN 0648–BH21
5. Species identification or comment on the potential for renewal of
description of the animal(s) involved; this proposed IHA as described in the Taking and Importing Marine
6. Fate of the animal(s); and paragraph below. Please include with Mammals; Taking Marine Mammals
7. Photographs or video footage of the your comments any supporting data or Incidental to Testing and Training
animal(s). literature citations to help inform our Activities Conducted in the Eglin Gulf
Activities shall not resume until final decision on the request for MMPA Test and Training Range in the Gulf of
NMFS is able to review the authorization. Mexico
circumstances of the prohibited take. On a case-by-case basis, NMFS may AGENCY: National Marine Fisheries
NMFS will work with the USFWS to issue a second one-year IHA without Service (NMFS), National Oceanic and
determine what measures are necessary additional notice when 1) another year Atmospheric Administration (NOAA),
to minimize the likelihood of further Commerce.
of identical or nearly identical activities
prohibited take and ensure MMPA
as described in the Specified Activities ACTION: Notice of issuance of Letter of
compliance. The USFWS may not
section is planned or 2) the activities Authorization.
resume their activities until notified by
NMFS. would not be completed by the time the
SUMMARY: In accordance with the
(ii) In the event that the USFWS IHA expires and a second IHA would
Marine Mammal Protection Act
discovers an injured or dead marine allow for completion of the activities
(MMPA) and implementing regulations,
mammal, and the lead observer beyond that described in the Dates and
notice is hereby given that a Letter of
determines that the cause of the injury Duration section, provided all of the Authorization (LOA) has been issued to
or death is unknown and the death is following conditions are met: the United States Air Force (USAF) 96th
relatively recent (e.g., in less than a • A request for renewal is received no Civil Engineer Group/Environmental
moderate state of decomposition), the later than 60 days prior to expiration of Planning Office (96 CEG/CEIEA) at Eglin
USFWS shall immediately report the the current IHA.; Air Force Base (AFB) to take marine
incident to the Office of Protected mammals incidental to testing and
• The request for renewal must
Resources, NMFS, and the Greater training activities in the Eglin Gulf Test
include the following:
Atlantic Regional Stranding and Training Range (EGTTR) in the Gulf
Coordinator, NMFS. (1) An explanation that the activities of Mexico over the course of five years.
The report must include the same to be conducted beyond the initial dates These activities are considered military
information identified in 6(b)(i) of this either are identical to the previously readiness activities pursuant to the
IHA. Activities may continue while analyzed activities or include changes MMPA, as amended by the National
NMFS reviews the circumstances of the so minor (e.g., reduction in pile size) Defense Authorization Act of 2004
incident. NMFS will work with the that the changes do not affect the (NDAA).
USFWS to determine whether previous analyses, take estimates, or
DATES: This LOA is valid from February
additional mitigation measures or mitigation and monitoring 13, 2018 through February 12, 2023.
modifications to the activities are requirements;
appropriate. ADDRESSES: The LOA and supporting
(2) A preliminary monitoring report documents may be obtained online at:
(iii) In the event that the USFWS
showing the results of the required www.nmfs.noaa.gov/pr/permits/
discovers an injured or dead marine
monitoring to date and an explanation incidental/military.htm. In case of
mammal, and the lead observer
determines that the injury or death is showing that the monitoring results do problems accessing these documents,
not associated with or related to the not indicate impacts of a scale or nature please call the contact listed below (see
activities authorized in the IHA (e.g., not previously analyzed or authorized; FOR FURTHER INFORMATION CONTACT).
previously wounded animal, carcass and FOR FURTHER INFORMATION CONTACT: Rob
with moderate to advanced • Upon review of the request for Pauline, Office of Protected Resources,
decomposition, or scavenger damage), renewal, the status of the affected NMFS, 301–427–8401.
the USFWS shall report the incident to species or stocks, and any other SUPPLEMENTARY INFORMATION:
the Office of Protected Resources, pertinent information, NMFS
NMFS, and the Greater Atlantic Background
determines that there are no more than
Regional Stranding Coordinator, NMFS, minor changes in the activities, the Section 101(a)(5)(A) of the MMPA
within 24 hours of the discovery. The mitigation and monitoring measures directs the Secretary of Commerce to
USFWS shall provide photographs or remain the same and appropriate, and allow, upon request, the incidental, but
video footage or other documentation of the original findings remain valid. not intentional, taking of small numbers
the stranded animal sighting to NMFS. of marine mammals by U.S. citizens
7. This Authorization may be Dated: February 28, 2018. who engage in a specified activity (other
sradovich on DSK3GMQ082PROD with NOTICES
modified, suspended or withdrawn if Donna Wieting, than commercial fishing) within a
the holder fails to abide by the Director, Office of Protected Resources, specified geographical region if certain
conditions prescribed herein, or if National Marine Fisheries Service. findings are made and regulations are
NMFS determines the authorized taking [FR Doc. 2018–04440 Filed 3–5–18; 8:45 am] issued. Under the MMPA, the term
is having more than a negligible impact BILLING CODE 3510–22–P ‘‘take’’ means to harass, hunt, capture,
on the species or stock of affected or kill or to attempt to harass, hunt,
marine mammals. capture, or kill marine mammals. NMFS
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![9498 Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
has been delegated the authority to issue beginning at a point three nautical miles submission of monitoring reports that
regulations and Letters of (NM) off the coast of Florida) for a will record all occurrences of marine
Authorizations allowing the take of period of five years. On August 24, mammals and any behavior or
marine mammals incidental to specified 2017, we published a notice of receipt behavioral reactions observed, any
activities. of Eglin AFB’s application in the observed incidents of injury or
The NDAA (Pub. L. 108–136) Federal Register (82 FR 40141), behavioral harassment, and any
removed the ‘‘small numbers’’ and requesting comments and information required mission delays. Additionally,
‘‘specified geographical region’’ for thirty days related to Eglin AFB’s the rule and LOA include an adaptive
limitations indicated above and request. We subsequently published a management component that allows for
amended the definition of ‘‘harassment’’ notice of proposed rulemaking in the timely modification of mitigation or
as it applies to a ‘‘military readiness Federal Register on December 27, 2017 monitoring measures based on new
activity’’ to read as follows (Section (82 FR 61372), again requesting public information, when appropriate. For full
3(18)(B) of the MMPA): ‘‘(i) Any act that comments. To support issuance of the details on the mitigation, monitoring,
injures or has the significant potential to LOA, NMFS adopted the USAF’s 2015 and reporting requirements, please refer
injure a marine mammal or marine Eglin Gulf Test and Training Range to the final rule (83 FR 5545; February
mammal stock in the wild (Level A Environmental Assessment and issued a 8, 2018).
harassment); or (ii) Any act that disturbs Finding of No Significant Impact Issuance of the LOA is based on
or is likely to disturb a marine mammal (FONSI) on February 2, 2018. The final findings, described in the preamble to
or marine mammal stock in the wild by rule (83 FR 5545, February 8, 2018) and the final rule, that the total taking of
causing disruption of natural behavioral Eglin AFB’s EA include a complete marine mammals incidental to the
patterns, including, but not limited to, description of the specified training testing and training activities in the
migration, surfacing, nursing, breeding, activities incidental to which NMFS is EGTTR will have a negligible impact on
feeding, or sheltering, to a point where authorizing take of marine mammals. the affected marine mammal species or
such behavioral patterns are abandoned Air-to-surface exercises involving stocks and will not have an unmitigable
or significantly altered (Level B surface and subsurface live munition adverse impact on the availability of
Harassment).’’ detonations are the stressors most likely such species or stocks for taking for
An authorization for incidental taking to result in impacts on marine mammals subsistence purposes.
shall be granted if NMFS finds that the that could rise to the level of The LOA will remain valid through
taking will have a negligible impact on harassment. February 12, 2023, provided Eglin AFB
the species or stock(s); will not have an remains in conformance with the
unmitigable adverse impact on the Authorization
conditions of the regulations and the
availability of the species or stock(s) for We have issued a LOA to Eglin AFB LOA, including the mitigation,
subsistence uses (where relevant); and, authorizing the take of marine monitoring, and reporting requirements
if the permissible methods of taking and mammals, by harassment, incidental to described in 50 CFR part 218, subpart G
requirements pertaining to the testing and training activities on the and the LOA.
mitigation, monitoring and reporting of EGTTR. The level and type of take
such takings are set forth. NMFS has authorized by the LOA is the same as Dated: February 28, 2018.
defined ‘‘negligible impact’’ in 50 CFR the level and type of take analyzed in Donna Wieting,
216.103 as ‘‘an impact resulting from and covered by the final rule (83 FR Director, Office of Protected Resources,
the specified activity that cannot be 5545, February 8, 2018). Take by National Marine Fisheries Service.
reasonably expected to, and is not mortality or serious injury is not [FR Doc. 2018–04472 Filed 3–5–18; 8:45 am]
reasonably likely to, adversely affect the anticipated or authorized. Take of BILLING CODE 3510–22–P
species or stock through effects on marine mammals will be minimized
annual rates of recruitment or survival.’’ through implementation of mitigation
Regulations governing the taking of and monitoring measures, including: BUREAU OF CONSUMER FINANCIAL
individuals of two species of marine Mission delay during live ordnance PROTECTION
mammals, by Level A and Level B mission activities if protected species,
harassment, incidental to Eglin AFB large schools of fish, or large flocks of Community Bank Advisory Council
testing and training activities in the birds are observed feeding at the surface Meeting
EGTTR are valid from February 13, 2018 within the zone of influence; mission
through February 12, 2023 and are delay if daytime weather and/or sea AGENCY: Bureau of Consumer Financial
codified at 50 CFR part 218, subpart G. conditions preclude adequate Protection.
The regulations include mitigation, monitoring for detecting marine ACTION: Notice of public meeting.
monitoring, and reporting requirements. mammals and other marine life;
SUMMARY: Under the Federal Advisory
Pursuant to those regulations, NMFS aborting activities for remainder of day
if one or more sperm or baleen whales Committee Act (FACA), this notice sets
issued a five-year LOA on February 8, forth the announcement of a public
2018. For detailed information on this are detected during pre-mission
monitoring activities; and ramp-up meeting of the Community Bank
action, please refer to the February 8, Advisory Council (CBAC or Council) of
2018 Federal Register notice (83 FR procedures will be implemented for
gunnery operations. Eglin AFB is the Consumer Financial Protection
5545) and 50 CFR part 218, subpart G. Bureau (Bureau or CFPB). The notice
required to also comply with monitoring
Summary of Request and reporting measures under 50 CFR also describes the functions of the
sradovich on DSK3GMQ082PROD with NOTICES
On April 15, 2017, NMFS received a 218.65 which includes use of vessel- Council.
request for regulations from Eglin AFB based monitoring, aerial-based DATES: The meeting date is Thursday,
for the taking of marine mammals monitoring and video-based monitoring March 22, 2018, 9:00 a.m. to 12:00 p.m.;
incidental to testing and training via live high-definition video feed; 1:15 p.m. to 3:30 p.m. eastern daylight
activities in the EGTTR (defined as the employment of marine mammal time. The CBAC Card, Payment, and
area and airspace over the Gulf of monitors who have completed Eglin’s Deposits Markets Subcommittee, CBAC
Mexico controlled by Eglin AFB, Marine Species Observer Training; and Consumer Lending Subcommittee, and
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Document Created: 2018-11-01 08:49:26
Document Modified: 2018-11-01 08:49:26
| 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 February 13, 2018 through February 12, 2023. | |
| Contact | Rob Pauline, Office of Protected Resources, NMFS, 301-427-8401. | |
| FR Citation | 83 FR 9497 | |
| RIN Number | 0648-BH21 |
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