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Department of Commerce Vol. 80 Wednesday, No. 106 June 3, 2015 Part IV Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 218 Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Northwest Training and Testing Study Area; Proposed Rule VerDate Sep<11>2014 22:39 Jun 02, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\03JNP3.SGM 03JNP3 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 31738 Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules DEPARTMENT OF COMMERCE Conservation Division, Office of Background Protected Resources, National Marine Sections 101(a)(5)(A) and (D) of the National Oceanic and Atmospheric Fisheries Service, 1315 East-West MMPA (16 U.S.C. 1361 et seq.) direct Administration Highway, Silver Spring, MD 20910– the Secretary of Commerce to allow, 3225. upon request, the incidental, but not • 50 CFR Part 218 Fax: (301) 713–0376; Attn: Jolie intentional, taking of small numbers of [Docket No. 140109018–5464–01] Harrison. marine mammals by U.S. citizens who Instructions: Comments sent by any engage in a specified activity (other than RIN 0648–BD89 other method, to any other address or commercial fishing) within a specified individual, or received after the end of geographical region if certain findings Takes of Marine Mammals Incidental to the comment period, may not be Specified Activities; U.S. Navy Training are made and either regulations are considered by NMFS. All comments issued or, if the taking is limited to and Testing Activities in the Northwest received are a part of the public record Training and Testing Study Area harassment, a notice of a proposed and will generally be posted for public authorization is provided to the public AGENCY: National Marine Fisheries viewing on www.regulations.gov for review. Service (NMFS), National Oceanic and without change. All personal identifying Authorization for incidental takings Atmospheric Administration (NOAA), information (e.g., name, address, etc.), shall be granted if NMFS finds that the Commerce. confidential business information, or taking will have a negligible impact on ACTION: Proposed rule; request for otherwise sensitive information the species or stock(s), will not have an comments and information. submitted voluntarily by the sender will unmitigable adverse impact on the be publicly accessible. NMFS will availability of the species or stock(s) for SUMMARY: NMFS has received a request accept anonymous comments (enter ‘‘N/ subsistence uses (where relevant), and if from the U.S. Navy (Navy) for A’’ in the required fields if you wish to the permissible methods of taking and authorization to take marine mammals remain anonymous). Attachments to requirements pertaining to the incidental to the training and testing electronic comments will be accepted in mitigation, monitoring, and reporting of activities conducted in the Northwest Microsoft Word, Excel, or Adobe PDF such takings are set forth. NMFS has Training and Testing (NWTT) study area file formats only. defined ‘‘negligible impact’’ in 50 CFR from November 2015 through November FOR FURTHER INFORMATION CONTACT: John 216.103 as ‘‘an impact resulting from 2020. Pursuant to the Marine Mammal Fiorentino, Office of Protected the specified activity that cannot be Protection Act (MMPA), NMFS is Resources, NMFS, (301) 427–8477. reasonably expected to, and is not requesting comments on its proposal to SUPPLEMENTARY INFORMATION: reasonably likely to, adversely affect the issue regulations and subsequent Letters species or stock through effects on of Authorization (LOAs) to the Navy to Availability annual rates of recruitment or survival.’’ incidentally harass marine mammals. A copy of the Navy’s LOA The National Defense Authorization The Navy has also requested that NMFS application, which contains a list of the Act of 2004 (NDAA) (Public Law 108– authorize modifications to watchstander references used in this document, may 136) removed the ‘‘small numbers’’ and requirements for observed behavior of be obtained by visiting the internet at: ‘‘specified geographical region’’ marine mammals during Major Training http://www.nmfs.noaa.gov/pr/permits/ limitations indicated above and Events (MTEs) in the Hawaii-Southern incidental/military.htm. The Navy also amended the definition of ‘‘harassment’’ California Training and Testing (HSTT), prepared a Draft Environmental Impact as it applies to a ‘‘military readiness Atlantic Fleet Training and Testing Statement (DEIS)/Overseas activity’’ to read as follows (section (AFTT), Mariana Islands Training and Environmental Impact Statement (OEIS) 3(18)(B) of the MMPA): ‘‘(i) Any act that Testing (MITT), and Gulf of Alaska to assess the environmental impacts injures or has the significant potential to Training (GOA) study areas. associated with ongoing and proposed injure a marine mammal or marine Modifications to the Navy watchstander training and testing activities in the mammal stock in the wild [Level A requirements would require a revision NWTT Study Area. The NWTT DEIS/ Harassment]; or (ii) any act that disturbs to regulatory text in current regulations OEIS was released to the public on or is likely to disturb a marine mammal governing the taking and importing of January 24, 2014 (79 FR 4158) for or marine mammal stock in the wild by marine mammals during testing and/or review until April 15, 2014. On October causing disruption of natural behavioral training activities in these study areas. 24, 2014 (79 FR 63610), the Navy patterns, including, but not limited to, There are no MTEs associated with published a Notice of Intent (NOI) to migration, surfacing, nursing, breeding, Navy training and testing activities in prepare a Supplement to the January feeding, or sheltering, to a point where the NWTT study area. 2014 NWTT DEIS/OEIS. The such behavioral patterns are abandoned DATES: Comments and information must Supplement was released to the public or significantly altered [Level B be received no later than July 17, 2015. on December 19, 2014 (79 FR 75800) for Harassment].’’ ADDRESSES: You may submit comments, review until February 2, 2015. The Navy Summary of Request identified by NOAA–NMFS–2015–0031, is the lead agency for the NWTT EIS/ by any of the following methods: OEIS, and NMFS and the U.S. Coast NWTT Proposed Rule • Electronic submissions: submit all Guard are cooperating agencies On December 18, 2013, NMFS electronic public comments via the pursuant to 40 CFR 1501.6 and 1508.5. received an application from the Navy Federal eRulemaking Portal, Go to The January 2014 NWTT DEIS/OEIS requesting two LOAs for the take of 26 www.regulations.gov/ and the December 2014 Supplement, species of marine mammals incidental #!docketDetail;D=NOAA-NMFS-2015- which contain a list of the references to Navy training and testing activities to 0031, click the ‘‘Comment Now!’’ icon, used in this document, may be viewed be conducted in the NWTT Study Area complete the required fields, and enter at: http://www.nwtteis.com. Documents over 5 years. On September 26, 2014, or attach your comments. cited in this notice may also be viewed, the Navy submitted a revised LOA • Mail: Submit comments to Jolie by appointment, during regular business application to reflect updates to Harrison, Chief, Permits and hours, at the aforementioned address. exposure estimates based on emergent VerDate Sep<11>2014 22:39 Jun 02, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\03JNP3.SGM 03JNP3 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Proposed Rules 31739 changes to specific types of training authorizations only after providing the provided in the regulatory text at the activities. The revised application also public with an opportunity for review end of this proposed rule. Proposed provided an update to the effects and comment. NMFS is requesting revisions to MITT regulatory text will be analysis for Guadalupe fur seals comments on all aspects of the proposed made in the MITT final rule, which is (summarized in the Analysis of rule. currently being prepared concurrent Guadalupe Fur Seal Exposures section with the NWTT proposed rule and is Modifications to HSTT, AFTT, MITT, of this proposed rule) to more expected to publish in the Federal and GOA Final Rules realistically reflect potential impacts Register prior to the NWTT final rule. from offshore Navy training and testing The Navy is also requesting that There are no MTEs or marine mammal events. On November 7, 2014, the Navy NMFS authorize modifications to sighting reporting requirements submitted a revised LOA application to watchstander requirements, unrelated to associated with Navy training and address: (a) An inadvertent error in the implementation of mitigation measures, testing activities in the NWTT study recommended mitigation zone for mine for observed behavior of marine area. countermeasure and neutralization mammals during MTEs in the HSTT, Background of Request training events; (b) removal of the time AFTT, MITT, and GOA study areas. delay firing underwater explosive With these proposed modifications the The Navy’s mission is to maintain, training activity; and (c) correction or Navy would no longer be required to train, and equip combat-ready naval clarification of certain mitigation report individual marine mammal forces capable of winning wars, measures applied to testing. On April 2, sighting information during MTEs when deterring aggression, and maintaining 2015, the Navy submitted a final mitigation is not occurring in the study freedom of the seas. Section 5062 of revision to the LOA application area. After 5 years of collecting marine Title 10 of the United States Code (hereinafter referred to as the LOA mammal sighting data for all animals directs the Chief of Naval Operations to application) to incorporate and update sighted during MTEs, NMFS and Navy train all military forces for combat. The population density estimates for the have determined that without the ability Chief of Naval Operations meets that Hood Canal stock of harbor seals.
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