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Taking and Importing Marine Mammals; Increasing Usage and Enhancing Capability of the U.S. Navy's Hawaii Range Complex

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[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Notices]
[Page 42058-42059]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au07-45]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 050107N]

Taking and Importing Marine Mammals; Increasing Usage and
Enhancing Capability of the U.S. Navy's Hawaii Range Complex

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 for the take of marine mammals incidental to the training
events conducted within the Hawaii Range Complex (HRC) for the period
of July 2008 through July 2013. Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is announcing our receipt of the Navy's
request for the development and implementation of 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 August
31, 2007.

[[Page 42059]]

ADDRESSES: Comments on the application should be addressed to Michael
Payne, 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 PR1.050107N@noaa.gov. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected
Resources, NMFS, (301) 713-2289, ext. 166.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of the Navy's application may be obtained by writing to the
address specified above
    (See ADDRESSES), telephoning the contact listed above (see FOR
FURTHER INFORMATION CONTACT), or visiting the internet at: 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The Navy's Draft
Environmental Impact Statement (DEIS) for the Hawaii Range Complex was
made available to the public on July 27th, 2007, and may be viewed at
http://www.govsupport.us/hrc. Exit Disclaimer Because NMFS is participating
as a cooperating agency in the development of the Navy's DEIS for the
Hawaii Range Complex, NMFS staff will be present at the associated public
meetings and prepared to discuss NMFS' participation in the development
of the EIS as well as the MMPA process for the issuance of incidental
take authorizations. The dates and times of the public meetings may be
viewed at: http://www.govsupport.us/hrc. Exit Disclaimer

Background

    Sections 101(a)(5)(A) and (D) of the 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 may be granted if NMFS finds
that the taking will have no more than 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, and that
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 June 25, 2007, NMFS received an application from the Navy
requesting authorization for the take of 26 species of marine mammals
incidental to upcoming Navy training activities to be conducted within
the HRC, which covers 235,000 nm\2\ around the Main Hawaiian Islands
(see page 17 of the application), over the course of 5 years. These
training activities are classified as military readiness activities.
The Navy states that these training activities may expose some of the
marine mammals present within the HRC to sound from hull-mounted mid-
frequency active tactical sonar or to underwater detonations. The Navy
requests authorization to take 26 species of marine mammals by Level B
Harassment. Further, the Navy requests authorization to take 20
individual marine mammals per year by serious injury or mortality (2
each of the following: bottlenose dolphin, Kogia spp., melon-headed
whale, pantropical spotted dolphin, pygmy killer whale, short-finned
pilot whale, striped dolphin, and Cuvier's, Longman's, and
Blainesville's beaked whale).

Specified Activities

    The Navy has prepared a Draft Environmental Impact Statement
analyzing the effects on the human environment of implementing their
preferred alternative (among other alternatives), which includes
conducting current and emerging training and research, development,
test, and evaluation (RDT&E) operations in the HRC. The HRC complex
consists of targets and instrumented areas, airspace, surface
operational areas (OPAREAS), and land range facilities. The activities
described in the EIS include current and future proposed Navy training
and RDT&E operations within Navy-controlled OPAREAs, airspace, and
ranges, and Navy-funded range capabilities enhancements (including
infrastructure improvement).
    In the application submitted to NMFS, the Navy requests
authorization for take of marine mammals incidental to conducting a
subset of the activities analyzed in the EIS. Table 1-1 in the
application lists the categories of Navy training operations and RDT&E
operations and indicates those that the Navy believes: (1) could
potentially result in harassment of marine mammals through exposure to
underwater detonations; (2) could potentially result in harassment of
marine mammals through exposure to tactical mid-frequency sonar; and,
(3) do not have the potential to harass marine mammals. The Navy is
requesting authorization for take incidental to the following
categories of Navy training operations: (1) Naval Surface Fire Support
Exercises, (2) Surface-to-Surface Gunnery Exercises, (3) Surface-to-
Surface Missile Exercises, (4) Air-to-Surface Missile Exercises, (5)
Bombing Exercises, (6) Sink Exercises, (7) Mine Neutralization, (8)
Anti-submarine Warfare (ASW) Tracking Exercises, (9) ASW Torpedo
Exercises, and (10) Major Integrated ASW Training Exercises (such as
RIMPAC, USWEX, and Multiple Strike Group Exercises).

Information Solicited

    Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). All
information, suggestions, and comments related to the Navy's HRC
request and NMFS' potential development and implementation of
regulations governing the incidental taking of marine mammals by the
Navy in the HRC will be considered by NMFS in developing, if
appropriate, the most effective regulations governing the issuance of
letters of authorization.

    Dated: July 26, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. E7-14891 Filed 7-31-07; 8:45 am]
BILLING CODE 3510-22-S

 
 

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