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Federal Register/Vol. 85, No. 148/Friday, July 31, 2020/Rules and Regulations

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Federal Register/Vol. 85, No. 148/Friday, July 31, 2020/Rules and Regulations 46302 Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Rules and Regulations DEPARTMENT OF COMMERCE Purpose of Regulatory Action regarding the Navy’s activities. Major These regulations, issued under the provisions include, but are not limited National Oceanic and Atmospheric authority of the MMPA (16 U.S.C. 1361 to: Administration • The use of defined powerdown and et seq.), provide the framework for shutdown zones (based on activity); authorizing the take of marine mammals 50 CFR Part 218 • Measures to eliminate the incidental to the Navy’s training and likelihood of ship strikes; testing activities (which qualify as • [Docket No. 200713–0188] Activity limitations in certain areas military readiness activities) from the and times that are biologically use of sonar and other transducers and RIN 0648–BJ00 important (i.e., for foraging, migration, in-water detonations throughout the reproduction) for marine mammals; and MITT Study Area. The MITT Study Taking and Importing Marine • Implementation of a Notification Area includes the seas off the coasts of Mammals; Taking Marine Mammals and Reporting Plan (for dead or live Guam and the Commonwealth of the Incidental to the U.S. Navy Training stranded marine mammals); and Northern Mariana Islands (CNMI), the • and Testing Activities in the Mariana Implementation of a robust in-water areas around the Mariana Islands Training and Testing (MITT) monitoring plan to improve our Islands Range Complex (MIRC), the Study Area understanding of the environmental transit corridor between the MIRC and effects resulting from the Navy training AGENCY: National Marine Fisheries the Hawaii Range Complex (HRC), and and testing activities. Service (NMFS), National Oceanic and select pierside and harbor locations. The Additionally, the rule includes an Atmospheric Administration (NOAA), transit corridor is outside the geographic adaptive management component that Commerce. boundaries of the MIRC and represents allows for timely modification of ACTION: Final rule; notification of a great circle route across the high seas mitigation or monitoring measures issuance of Letter of Authorization. for Navy vessels transiting between the based on new information, when MIRC and the HRC. The planned appropriate. SUMMARY: NMFS, upon request from the activities also include various activities U.S. Navy (Navy), issues these in Apra Harbor such as sonar Background regulations pursuant to the Marine maintenance alongside Navy piers The MMPA prohibits the ‘‘take’’ of Mammal Protection Act (MMPA) to located in Inner Apra Harbor. marine mammals, with certain govern the taking of marine mammals NMFS received an application from exceptions. Sections 101(a)(5)(A) and incidental to the training and testing the Navy requesting seven-year (D) of the MMPA direct the Secretary of activities conducted in the Mariana regulations and an authorization to Commerce (as delegated to NMFS) to Islands Training and Testing (MITT) incidentally take individuals of multiple allow, upon request, the incidental, but Study Area. The Navy’s activities species of marine mammals (‘‘Navy’s not intentional, taking of small numbers qualify as military readiness activities rulemaking/LOA application’’ or of marine mammals by U.S. citizens pursuant to the MMPA, as amended by ‘‘Navy’s application’’). Take is who engage in a specified activity (other the National Defense Authorization Act anticipated to occur by Level A and than commercial fishing) within a for Fiscal Year 2004 (2004 NDAA). Level B harassment incidental to the specified geographical region if certain These regulations, which allow for the Navy’s training and testing activities, findings are made and either regulations issuance of a Letter of Authorization with no serious injury or mortality are issued or, if the taking is limited to (LOA) for the incidental take of marine expected or authorized. harassment, a notice of a proposed mammals during the described activities Section 101(a)(5)(A) of the MMPA (16 authorization is provided to the public and timeframes, prescribe the U.S.C. 1371(a)(5)(A)) directs the for review and the opportunity to permissible methods of taking and other Secretary of Commerce (as delegated to submit comments. means of effecting the least practicable NMFS) to allow, upon request, the An authorization for incidental adverse impact on marine mammal incidental, but not intentional taking of takings shall be granted if NMFS finds species and their habitat, and establish small numbers of marine mammals by that the taking will have a negligible requirements pertaining to the U.S. citizens who engage in a specified impact on the species or stocks and will monitoring and reporting of such taking. activity (other than commercial fishing) not have an unmitigable adverse impact on the availability of the species or DATES: Effective from July 31, 2020, to within a specified geographical region July 30, 2027. if, after notice and public comment, the stocks for taking for subsistence uses agency makes certain findings and (where relevant). Further, NMFS must ADDRESSES: A copy of the Navy’s issues regulations that set forth prescribe the permissible methods of application, NMFS’ proposed and final permissible methods of taking pursuant taking and other means of effecting the rules and subsequent LOA for the to that activity, as well as monitoring least practicable adverse impact on the existing regulations, and other and reporting requirements. Section affected species or stocks and their supporting documents and documents 101(a)(5)(A) of the MMPA and the habitat, paying particular attention to cited herein may be obtained online at: implementing regulations at 50 CFR part rookeries, mating grounds, and areas of www.fisheries.noaa.gov/national/ 216, subpart I, provide the legal basis for similar significance, and on the marine-mammal-protection/incidental- issuing this final rule and the availability of such species or stocks for take-authorizations-military-readiness- subsequent LOAs. As directed by this taking for certain subsistence uses activities. In case of problems accessing legal authority, this final rule contains (referred to in this rule as ‘‘mitigation these documents, please use the contact mitigation, monitoring, and reporting measures’’); and requirements listed here (see FOR FURTHER requirements. pertaining to the monitoring and INFORMATION CONTACT). reporting of such takings. The MMPA FOR FURTHER INFORMATION CONTACT: Summary of Major Provisions Within defines ‘‘take’’ to mean to harass, hunt, Stephanie Egger, Office of Protected the Final Rule capture, or kill, or attempt to harass, Resources, NMFS, (301) 427–8401. The following is a summary of the hunt, capture, or kill any marine SUPPLEMENTARY INFORMATION: major provisions of this final rule mammal. The Analysis and Negligible VerDate Sep<11>2014 19:59 Jul 30, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\31JYR3.SGM 31JYR3 Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Rules and Regulations 46303 Impact Determination section below proposed rulemaking comment periods influence the frequency, duration, discusses the definition of ‘‘negligible were considered in this final rule. intensity, and location of required impact.’’ Comments received on the proposed training and testing activities, but the The NDAA for Fiscal Year 2004 (2004 rule are addressed in this final rule in basic nature of sonar and explosive NDAA) (Pub. L. 108–136) amended the Comments and Responses section. events conducted in the MITT Study section 101(a)(5) of the MMPA to The following types of training and Area has remained the same. remove the ‘‘small numbers’’ and testing, which are classified as military The Navy’s rulemaking/LOA ‘‘specified geographical region’’ readiness activities pursuant to the application reflects the most up-to-date provisions indicated above and MMPA, as amended by the 2004 NDAA, compilation of training and testing amended the definition of ‘‘harassment’’ will be covered under the regulations activities deemed necessary to as applied to a ‘‘military readiness and LOA: Amphibious warfare (in-water accomplish military readiness activity.’’ The definition of harassment detonations), anti-submarine warfare requirements. The types and numbers of for military readiness activities (section (sonar and other transducers, in-water activities included in the rule account 3(18)(B) of the MMPA) is (i) Any act that detonations), surface warfare (in-water for fluctuations in training and testing injures or has the significant potential to detonations), and other testing and in order to meet evolving or emergent injure a marine mammal or marine training (sonar and other transducers). military readiness requirements. These mammal stock in the wild (Level A The activities will not include any pile regulations will cover training and Harassment); or (ii) Any act that driving/removal or use of air guns. testing activities that will occur for a disturbs or is likely to disturb a marine This will be the third time NMFS has seven-year period following the mammal or marine mammal stock in the promulgated incidental take regulations expiration of the current MMPA wild by causing disruption of natural pursuant to the MMPA relating to authorization for the MITT Study Area, behavioral patterns, including, but not similar military readiness activities in which expires on August 3, 2020. limited to, migration, surfacing, nursing, the MITT Study Area, following those Description of the Specified
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