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Federal Register/Vol. 85, No. 133/Friday, July 10, 2020/Rules and Regulations

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Federal Register/Vol. 85, No. 133/Friday, July 10, 2020/Rules and Regulations 41780 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations DEPARTMENT OF COMMERCE national/marine-mammal-protection/ Section 101(a)(5)(A) of the MMPA (16 incidental-take-authorizations-military- U.S.C. 1371(a)(5)(A)) directs the National Oceanic and Atmospheric readiness-activities. In case of problems Secretary of Commerce (as delegated to Administration accessing these documents, please use NMFS) to allow, upon request, the the contact listed here (see FOR FURTHER incidental, but not intentional taking of 50 CFR Part 218 INFORMATION CONTACT). small numbers of marine mammals by [Docket No. 200625–0169] FOR FURTHER INFORMATION CONTACT: U.S. citizens who engage in a specified Wendy Piniak, Office of Protected activity (other than commercial fishing) RIN 0648–BJ06 Resources, NMFS, (301) 427–8401. within a specified geographical region if, after notice and public comment, the Taking and Importing Marine SUPPLEMENTARY INFORMATION: agency makes certain findings and Mammals; Taking Marine Mammals Purpose of Regulatory Action issues regulations that set forth Incidental to the U.S. Navy Training These regulations, issued under the permissible methods of taking pursuant and Testing Activities in the Hawaii- authority of the MMPA (16 U.S.C. 1361 to that activity, as well as monitoring Southern California Training and et seq.), extend the framework for and reporting requirements. Section Testing Study Area authorizing the take of marine mammals 101(a)(5)(A) of the MMPA and the AGENCY: National Marine Fisheries incidental to the Navy’s training and implementing regulations at 50 CFR part Service (NMFS), National Oceanic and testing activities (which qualify as 216, subpart I, provide the legal basis for Atmospheric Administration (NOAA), military readiness activities) from the issuing this final rule and the Commerce. use of sonar and other transducers, in- subsequent LOAs. As directed by this ACTION: Final rule; notification of water detonations, air guns, impact pile legal authority, this final rule contains issuance of Letters of Authorization. driving/vibratory extraction, and the mitigation, monitoring, and reporting movement of vessels throughout the requirements. SUMMARY: NMFS, upon request from the HSTT Study Area. The HSTT Study U.S. Navy (Navy), issues these Area is comprised of established Summary of Major Provisions Within regulations pursuant to the Marine operating and warning areas across the the Final Rule Mammal Protection Act (MMPA) to north-central Pacific Ocean, from the Following is a summary of the major govern the taking of marine mammals mean high tide line in Southern provisions of this final rule regarding incidental to the training and testing California west to Hawaii and the the Navy’s activities. Major provisions activities conducted in the Hawaii- International Date Line. The Study Area include, but are not limited to: Southern California Training and includes the at-sea areas of three • The use of defined powerdown and Testing (HSTT) Study Area over the existing range complexes (the Hawaii shutdown zones (based on activity); • course of seven years, effectively Range Complex, the Southern California Measures to reduce or eliminate the (SOCAL) Range Complex, and the Silver likelihood of ship strikes; extending the time period from • December 20, 2023, to December 20, Strand Training Complex), and overlaps Activity limitations in certain areas 2025. In August 2018, the MMPA was a portion of the Point Mugu Sea Range and times that are biologically amended by the John S. McCain (PMSR). Also included in the Study important (i.e., for foraging, migration, Area are Navy pierside locations in reproduction) for marine mammals; National Defense Authorization Act • (NDAA) for Fiscal Year 2019 to allow Hawaii and Southern California, Pearl Implementation of a Notification for seven-year authorizations for Harbor, San Diego Bay, and the transit and Reporting Plan (for dead, live military readiness activities, as corridor 1 on the high seas where sonar stranded, or marine mammals struck by compared to the previously allowed five training and testing may occur. a vessel); and • Implementation of a robust years. The Navy’s activities qualify as NMFS received an application from monitoring plan to improve our military readiness activities pursuant to the Navy requesting to extend NMFS’ understanding of the environmental the MMPA as amended by the NDAA existing MMPA regulations (50 CFR part effects resulting from the Navy training for Fiscal Year 2004. These regulations, 218, subpart H; hereafter ‘‘2018 HSTT and testing activities. which allow for the issuance of Letters regulations’’) that authorize the take of marine mammals incidental to Navy Additionally, the rule includes an of Authorization (LOAs) for the adaptive management component that incidental take of marine mammals training and testing activities conducted in the HSTT Study Area to cover seven allows for timely modification of during the described activities and mitigation or monitoring measures timeframes, prescribe the permissible years of the Navy’s activities, instead of five. Take is anticipated to occur by based on new information, when methods of taking and other means of appropriate. effecting the least practicable adverse Level A harassment and Level B impact on marine mammal species or harassment as well as a very small Background number of serious injuries or mortalities stocks and their habitat, and establish The MMPA prohibits the ‘‘take’’ of incidental to the Navy’s training and requirements pertaining to the marine mammals, with certain testing activities. monitoring and reporting of such taking. exceptions. Sections 101(a)(5)(A) and DATES: Effective from July 10, 2020, to 1 Vessel transit corridors are the routes typically (D) of the MMPA direct the Secretary of December 20, 2025. used by Navy assets to traverse from one area to Commerce (as delegated to NMFS) to ADDRESSES: Copies of the Navy’s another. The route depicted in Figure 2–1 of the allow, upon request, the incidental, but applications, NMFS’ proposed rule for Navy’s March 2019 rulemaking/LOA application is not intentional, taking of small numbers the shortest route between Hawaii and Southern these regulations, NMFS’ proposed and California, making it the quickest and most fuel of marine mammals by U.S. citizens final rules and subsequent LOAs for the efficient. The depicted vessel transit corridor is who engage in a specified activity (other associated five-year HSTT Study Area notional and may not represent the actual routes than commercial fishing) within a regulations, other supporting documents used by ships and submarines transiting from specified geographical region if certain Southern California to Hawaii and back. Actual cited herein, and a list of the references routes navigated are based on a number of factors findings are made and either regulations cited in this document may be obtained including, but not limited to, weather, training, and are issued or, if the taking is limited to online at: www.fisheries.noaa.gov/ operational requirements. harassment, a notice of a proposed VerDate Sep<11>2014 20:37 Jul 09, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\10JYR3.SGM 10JYR3 jbell on DSKJLSW7X2PROD with RULES3 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations 41781 authorization is provided to the public 101(a)(5)(A) to be issued for up to seven federal law (10 U.S.C. 8062), which is to for review and the opportunity to years. Prior to this amendment, all maintain, train, and equip combat-ready submit comments. incidental take rules under section naval forces capable of winning wars, An authorization for incidental 101(a)(5)(A) were limited to five years. deterring aggression, and maintaining takings shall be granted if NMFS finds freedom of the seas. The Navy executes Summary of Request that the taking will have a negligible this responsibility by establishing and impact on the species or stocks and will On December 27, 2018, NMFS executing training programs, including not have an unmitigable adverse impact published a five-year final rule at-sea training and exercises, and on the availability of the species or governing the taking of marine ensuring naval forces have access to the stocks for taking for subsistence uses mammals incidental to Navy training ranges, operating areas (OPAREAs), and (where relevant). Further, NMFS must and testing activities conducted in the airspace needed to develop and prescribe the permissible methods of HSTT Study Area (83 FR 66846; maintain skills for conducting naval taking and other means of effecting the hereafter ‘‘2018 HSTT final rule’’). activities. The Navy’s mission is least practicable adverse impact on the Previously, on August 13, 2018, and achieved in part by conducting training affected species or stocks and their towards the end of the time period in and testing within the HSTT Study habitat, paying particular attention to which NMFS was processing the Navy’s Area. rookeries, mating grounds, and areas of request for the 2018 regulations, the The Navy’s March 11, 2019, similar significance, and on the 2019 NDAA amended the MMPA for rulemaking and LOA extension availability of such species or stocks for military readiness activities to allow application (hereafter ‘‘2019 Navy taking for certain subsistence uses incidental take regulations to be issued application’’) reflects the same (referred to in this rule as ‘‘mitigation for up to seven years instead of the compilation of training and testing measures’’); and requirements previous five years. The Navy’s training activities presented in the Navy’s pertaining to the monitoring and and testing activities conducted in the October 13, 2017, initial rulemaking and reporting of such takings. The MMPA HSTT Study Area qualify as military LOA application (hereafter ‘‘2017 Navy defines ‘‘take’’ to mean to harass, hunt, readiness activities pursuant to the application’’) and the 2018 HSTT capture, or kill, or attempt to harass, MMPA, as amended by the 2004 NDAA.
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