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Federal Register/Vol. 83, No. 123/Tuesday, June 26, 2018

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Federal Register/Vol. 83, No. 123/Tuesday, June 26, 2018 29872 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules DEPARTMENT OF COMMERCE • Fax: (301) 713–0376; Attn: Jolie NMFS has defined ‘‘negligible Harrison. impact’’ in 50 CFR 216.103 as an impact National Oceanic and Atmospheric Instructions: Comments sent by any resulting from the specified activity that Administration other method, to any other address or cannot be reasonably expected to, and is individual, or received after the end of not reasonably likely to, adversely affect 50 CFR Part 218 the comment period, may not be the species or stock through effects on [Docket No. 170918908–8501–01] considered by NMFS. All comments annual rates of recruitment or survival. received are a part of the public record NMFS has defined ‘‘unmitigable RIN 0648–BH29 and will generally be posted for public adverse impact’’ in 50 CFR 216.103 as viewing on www.regulations.gov an impact resulting from the specified Taking and Importing Marine without change. All personal identifying activity: Mammals; Taking Marine Mammals information (e.g., name, address, etc.), (1) That is likely to reduce the Incidental to the U.S. Navy Training confidential business information, or availability of the species to a level and Testing Activities in the Hawaii- otherwise sensitive information insufficient for a harvest to meet Southern California Training and submitted voluntarily by the sender may subsistence needs by: (i) Causing the Testing Study Area be publicly accessible. Do not submit marine mammals to abandon or avoid AGENCY: National Marine Fisheries Confidential Business Information or hunting areas; (ii) directly displacing Service (NMFS), National Oceanic and otherwise sensitive or protected subsistence users; or (iii) placing Atmospheric Administration (NOAA), information. NMFS will accept physical barriers between the marine Commerce. anonymous comments (enter ‘‘N/A’’ in mammals and the subsistence hunters; the required fields if you wish to remain and ACTION: Proposed rule; request for (2) That cannot be sufficiently comments and information. anonymous). Attachments to electronic comments will be accepted in Microsoft mitigated by other measures to increase SUMMARY: NMFS has received a request Word, Excel, or Adobe PDF file formats the availability of marine mammals to from the U.S. Navy (Navy) for only. allow subsistence needs to be met. The MMPA states that the term ‘‘take’’ authorization to take marine mammals FOR FURTHER INFORMATION CONTACT: incidental to the training and testing means to harass, hunt, capture, kill or Stephanie Egger, Office of Protected attempt to harass, hunt, capture, or kill activities conducted in the Hawaii- Resources, NMFS; phone: (301) 427– Southern California Training and any marine mammal. 8401. Electronic copies of the The 2004 NDAA (Pub. L. 108–136) Testing (HSTT) Study Area. Pursuant to application and supporting documents, removed the ‘‘small numbers’’ and the Marine Mammal Protection Act as well as a list of the references cited ‘‘specified geographical region’’ (MMPA), NMFS is requesting comments in this document, may be obtained limitations indicated above and on its proposal to issue regulations and online at: www.fisheries.noaa.gov/ amended the definition of ‘‘harassment’’ subsequent Letters of Authorization national/marine-mammal-protection/ as it applies to a ‘‘military readiness (LOA) to the Navy to incidentally take incidental-take-authorizations-military- activity’’ to read as follows (Section marine mammals during the specified readiness-activities. In case of problems 3(18)(B) of the MMPA): (i) Any act that activities. NMFS will consider public accessing these documents, please call injures or has the significant potential to comments prior to issuing any final rule the contact listed above. injure a marine mammal or marine and making final decisions on the SUPPLEMENTARY INFORMATION: mammal stock in the wild (Level A issuance of the requested MMPA Harassment); or (ii) Any act that authorizations. Agency responses to Background disturbs or is likely to disturb a marine public comments will be summarized in Sections 101(a)(5)(A) and (D) of the mammal or marine mammal stock in the the final rule. The Navy’s activities MMPA (16 U.S.C. 1361 et seq.) direct wild by causing disruption of natural qualify as military readiness activities the Secretary of Commerce (as delegated behavioral patterns, including, but not pursuant to the MMPA, as amended by to NMFS) to allow, upon request, the limited to, migration, surfacing, nursing, the National Defense Authorization Act incidental, but not intentional, taking of breeding, feeding, or sheltering, to a for Fiscal Year 2004 (2004 NDAA). small numbers of marine mammals by point where such behavioral patterns DATES: Comments and information must U.S. citizens who engage in a specified are abandoned or significantly altered be received no later than August 9, activity (other than commercial fishing) (Level B Harassment). 2018. within a specified geographical region if Summary of Request ADDRESSES: You may submit comments, certain findings are made and either identified by NOAA–NMFS–2018–0071, regulations are issued or, if the taking is On September 13, 2017, NMFS by any of the following methods: limited to harassment, a notice of a received an application from the Navy • Electronic submissions: Submit all proposed authorization is provided to requesting incidental take regulations electronic public comments via the the public for review and the and two LOAs to take individuals of 39 Federal eRulemaking Portal, Go to opportunity to submit comments. marine mammal species by Level A and www.regulations.gov/#!docketDetail;D= An authorization for incidental B harassment incidental to training and NOAA-NMFS-2018-0071, click the takings shall be granted if NMFS finds testing activities (categorized as military ‘‘Comment Now!’’ icon, complete the that the taking will have a negligible readiness activities) from the use of required fields, and enter or attach your impact on the species or stock(s), will sonar and other transducers, in-water comments. not have an unmitigable adverse impact detonations, air guns, and impact pile • Mail: Submit comments to Jolie on the availability of the species or driving/vibratory extraction in the Harrison, Chief, Permits and stock(s) for subsistence uses (where HSTT Study Area over five years. In Conservation Division, Office of relevant), and if the permissible addition, the Navy is requesting Protected Resources, National Marine methods of taking and requirements incidental take authorization by serious Fisheries Service, 1315 East-West pertaining to the mitigation, monitoring injury or mortality of ten takes of two Highway, Silver Spring, MD 20910– and reporting of such takings are set species due to explosives and for up to 3225. forth. three takes of large whales from vessel VerDate Sep<11>2014 18:58 Jun 25, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\26JNP2.SGM 26JNP2 sradovich on DSK3GMQ082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 29873 strikes over the five-year period. The 12, 2009) and effective January 14, 2009, acoustic and explosives stressors are Navy’s training and testing activities through January 14, 2014 (74 FR 3882 most likely to result in impacts on would occur over five years beginning on January 21, 2009) for Hawaii and marine mammals that could rise to the in December 2018. On October 13, 2017, Southern California, respectively. The level of harassment. Detailed the Navy sent an amendment to its rulemaking for Phase II (combined both descriptions of these activities are application and Navy’s rulemaking/LOA Hawaii and Southern California) is provided in the HSTT Draft application was considered final and applicable from December 24, 2013, Environmental Impact Statement complete. through December 24, 2018 (78 FR (DEIS)/Overseas EIS (OEIS) (DEIS/OEIS) The Navy requests two five-year 78106; on December 24, 2013). For this and in the Navy’s rule making/LOA LOAs, one for training and one for third rulemaking, the Navy is proposing application (www.fisheries.noaa.gov/ testing activities to be conducted within to conduct similar activities as they national/marine-mammal-protection/ the HSTT Study Area (which extends have conducted over the past nine years incidental-take-authorizations-military- from the north-central Pacific Ocean, under the previous rulemakings. readiness-activities) and are from the mean high tide line in summarized here. Southern California west to Hawaii and Background of Request the International Date Line), including The Navy’s mission is to organize, Overview of Training and Testing the Hawaii and Southern California train, equip, and maintain combat-ready Activities (SOCAL) Range Complexes, as well as naval forces capable of winning wars, The Navy routinely trains and tests in the Silver Strand Training Complex and deterring aggression, and maintaining the HSTT Study Area in preparation for overlapping a small portion of the Point freedom of the seas. This mission is national defense missions. Training and Mugu Sea Range. The Hawaii Range mandated by Federal law (10 U.S.C. testing activities covered in the Navy’s Complex encompasses ocean areas 5062), which ensures the readiness of rulemaking/LOA application are briefly around the Hawaiian Islands, extending the naval forces of the United States. described below, and in more detail from 16 degrees north latitude to 43 The Navy executes this
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