Tuesday, October 14, 2008 Part III Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 216 Taking and Importing Marine Mammals; U.S. Navy Training in the Southern California Range Complex; Proposed Rule VerDate Aug<31>2005 17:17 Oct 10, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14OCP3.SGM 14OCP3 sroberts on PROD1PC70 with PROPOSALS 60836 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Proposed Rules DEPARTMENT OF COMMERCE Word, Excel, WordPerfect, or Adobe marine mammal stock in the wild [Level A PDF file formats only. Harassment]; or National Oceanic and Atmospheric (ii) any act that disturbs or is likely to FOR FURTHER INFORMATION CONTACT: Jolie Administration disturb a marine mammal or marine mammal Harrison, Office of Protected Resources, stock in the wild by causing disruption of NMFS, (301) 713–2289, ext. 166. natural behavioral patterns, including, but 50 CFR Part 216 SUPPLEMENTARY INFORMATION: not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point [Docket No. 0808061069–81171–01] Availability where such behavioral patterns are abandoned or significantly altered [Level B RIN 0648–AW91 A copy of the Navy’s application may Harassment]. be obtained by writing to the address Taking and Importing Marine specified above (see ADDRESSES), Summary of Request Mammals; U.S. Navy Training in the telephoning the contact listed above (see On April 1, 2008, NMFS received an Southern California Range Complex FOR FURTHER INFORMATION CONTACT), or application from the Navy requesting AGENCY: National Marine Fisheries visiting the internet at: http:// authorization for the take of individuals Service (NMFS), National Oceanic and www.nmfs.noaa.gov/pr/permits/ of 37 species of marine mammals Atmospheric Administration (NOAA), incidental.htm. The Navy’s Draft incidental to upcoming Navy training Commerce. Environmental Impact Statement (DEIS) activities, maintenance, and research, for SOCAL was published on April 4, development, testing, and evaluation ACTION: Proposed rule; request for 2008, and may be viewed at http:// (RDT&E) activities to be conducted comments. www.nmfs.noaa.gov/pr/permits/ within SOCAL, which extends SUMMARY: NMFS has received a request incidental.htm. NMFS is participating southwest approximately 600 nm in the from the U.S. Navy (Navy) for in the development of the Navy’s EIS as general shape of a 200-nm wide authorization to take marine mammals a cooperating agency under NEPA. rectangle (see the Navy’s application), over the course of 5 years. These incidental to training activities Background conducted in the Southern California training activities are military readiness Range Complex (SOCAL), which Sections 101(a)(5)(A) and (D) of the activities under the provisions of the extends south and southwest off the MMPA (16 U.S.C. 1361 et seq.) direct NDAA. The Navy states, and NMFS southern California coast, for the period the Secretary of Commerce (Secretary) concurs, that these military readiness of January 2009 through January 2014. to allow, upon request, the incidental, activities may incidentally take marine Pursuant to the Marine Mammal but not intentional taking of marine mammals present within SOCAL by Protection Act (MMPA), NMFS is mammals by U.S. citizens who engage exposing them to sound from mid- proposing regulations to govern that in a specified activity (other than frequency or high frequency active take and requesting information, commercial fishing) during periods of sonar (MFAS/HFAS) or underwater suggestions, and comments on these not more than five consecutive years detonations. The Navy requests proposed regulations. each if certain findings are made and authorization to take individuals of 37 regulations are issued or, if the taking is species of marine mammals by Level B DATES: Comments and information must limited to harassment, notice of a Harassment. Further, though they do not be received no later than November 13, proposed authorization is provided to anticipate it to occur, the Navy requests 2008. the public for review. authorization to take, by injury or ADDRESSES: You may submit comments, Authorization shall be granted if mortality, up to 10 beaked whales over identified by 0648–AW91, by any one of NMFS finds that the taking will have a the course of the 5-yr regulations. the following methods: • negligible impact on the species or Background of Request Electronic Submissions: Submit all stock(s), will not have an unmitigable electronic public comments via the adverse impact on the availability of the The Navy’s mission is to maintain, Federal eRulemaking Portal, http:// species or stock(s) for subsistence uses, train, and equip combat-ready naval www.regulations.gov. forces capable of winning wars, • and if the permissible methods of taking Hand delivery or mailing of paper, and requirements pertaining to the deterring aggression, and maintaining disk, or CD–ROM comments should be mitigation, monitoring and reporting of freedom of the seas. Title 10, U.S. Code addressed to Michael Payne, Chief, such taking are set forth. NMFS has (U.S.C.) 5062 directs the Chief of Naval Permits, Conservation and Education defined ‘‘negligible impact’’ in 50 CFR Operations to train all naval forces for Division, Office of Protected Resources, 216.103 as: combat. The Chief of Naval Operations National Marine Fisheries Service, 1315 meets that direction, in part, by East-West Highway, Silver Spring, MD An impact resulting from the specified conducting at-sea training exercises and 20910–3225. activity that cannot be reasonably expected to, and is not reasonably likely to, adversely ensuring naval forces have access to Instructions: All comments received affect the species or stock through effects on ranges, operating areas (OPAREAs) and are a part of the public record and will annual rates of recruitment or survival. airspace where they can develop and generally be posted to http:// maintain skills for wartime missions www.regulations.gov without change. The National Defense Authorization and conduct research, development, All Personal Identifying Information (for Act of 2004 (NDAA) (Pub. L. 108–136) testing, and evaluation (RDT&E) of naval example, name, address, etc.) modified the MMPA by removing the weapons systems. voluntarily submitted by the commenter ‘‘small numbers’’ and ‘‘specified The Navy proposes to implement may be publicly accessible. Do not geographical region’’ limitations and actions within the SOCAL Range submit Confidential Business amended the definition of ‘‘harassment’’ Complex to: Information or otherwise sensitive or as it applies to a ‘‘military readiness • Increase training and RDT&E protected information. activity’’ to read as follows (Section operations from current levels as NMFS will accept anonymous 3(18)(B) of the MMPA): necessary to support the Navy-wide comments. Attachments to electronic (i) any act that injures or has the significant training plan, known as the Fleet comments will be accepted in Microsoft potential to injure a marine mammal or Readiness Training Plan (FRTP); VerDate Aug<31>2005 17:17 Oct 10, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14OCP3.SGM 14OCP3 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Proposed Rules 60837 • Accommodate mission Special Use Airspace (SUA) Description of Specified Activities requirements associated with force As mentioned above, the Navy has structure changes and introduction of The SOCAL Range Complex includes military airspace designated as Warning requested MMPA authorization to take new weapons and systems to the Fleet; marine mammals incidental to training and Area 291 (W–291). W–291 comprises 2 2 activities in the SOCAL Range Complex • 113,000 nm (209,276 km ) of SUA that Implement enhanced range that would result in the generation of complex capabilities. generally overlies the SOCAL OPAREAs and SCI, extending to the southwest sound or pressure waves in the water at The Proposed Action would result in from approximately 12 nm (22 km) off or above levels that NMFS has selectively focused but critical increases the coast to approximately 600 nm determined will likely result in take (see in training, and range enhancements (1,111 km). W–291 is the largest Acoustic Take Criteria Section), either (including the establishment and use of component of SUA in the Navy’s range through the use of MFAS/HFAS or the a shallow-water minefield and inventory. detonation of explosives in the water. construction of a shallow-water training These activities are discussed below. range) to address testing and training San Clemente Island (SCI) resource shortfalls, as necessary to Activities Utilizing Active Sonar Sources SCI, a component part of the SOCAL ensure the SOCAL Range Complex For the SOCAL Range Complex, the Range Complex, is comprised of existing supports Navy and Marine Corps training activities that utilize active land ranges and training areas that are training and readiness objectives. The tactical sonar sources fall into the integral to training of Pacific Fleet air, proposed action would result in category of Anti-submarine Warfare surface, and subsurface units; First approximately a 12-percent increase in (ASW) exercises. This section includes Marine Expeditionary Force (I MEF) the amount of MFAS/HFAS currently a description of ASW, the active units; Naval Special Warfare (NSW) used. acoustic devices used in ASW exercises, units; and selected formal schools. SCI as well as the exercise types in which Overview of SOCAL Range Complex provides instrumented ranges, operating these acoustic sources are used. The U.S. Navy has been training and areas, and associated facilities to operating in the area now defined as the conduct and evaluate a wide range of ASW Training and Active Sonar SOCAL Range Complex for over 70 exercises within the scope of naval ASW involves helicopter and sea years. The SOCAL Range Complex has warfare. SCI also provides ranges and control aircraft, ships, and submarines, three primary components: Ocean services for RDT&E activities.