Notice2024-29416
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Military Readiness Activities in the Hawaii-California Training and Testing Study Area
Primary source
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Published
December 13, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Department of the Navy (including the U.S. Navy and the U.S. Marine Corps (Navy)) and on behalf of the U.S. Coast Guard (Coast Guard) and U.S. Army (Army; hereafter, Navy, Coast Guard, and Army are collectively referred to as Action Proponents) for authorization to take marine mammals incidental to training, testing, and modernization and sustainment of ranges conducted in the Hawaii-California Training and Testing (HCTT) Study Area over the course of 7 years from December 2025 through December 2032. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Action Proponents' request for the development and implementation of regulations governing the incidental taking of marine mammals and issuance of four 7-year Letters of Authorization (LOAs). NMFS invites the public to provide information, suggestions, and comments on the Action Proponents' application and request.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100982-100984]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29416]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE490]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Military Readiness Activities in the Hawaii-California
Training and Testing Study Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for regulations and letters of
authorization; request for comments and information.
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SUMMARY: NMFS has received a request from the U.S. Department of the
Navy (including the U.S. Navy and the U.S. Marine Corps (Navy)) and on
behalf of the U.S. Coast Guard (Coast Guard) and U.S. Army (Army;
hereafter, Navy, Coast Guard, and Army are collectively referred to as
Action Proponents) for authorization to take marine mammals incidental
to training, testing, and modernization and sustainment of ranges
conducted in the Hawaii-California Training and Testing (HCTT)
[[Page 100983]]
Study Area over the course of 7 years from December 2025 through
December 2032. Pursuant to regulations implementing the Marine Mammal
Protection Act (MMPA), NMFS is announcing receipt of the Action
Proponents' request for the development and implementation of
regulations governing the incidental taking of marine mammals and
issuance of four 7-year Letters of Authorization (LOAs). NMFS invites
the public to provide information, suggestions, and comments on the
Action Proponents' application and request.
DATES: Comments and information must be received no later than January
13, 2025.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, and should be submitted via email to
<a href="/cdn-cgi/l/email-protection#642d30344a0005120d17240a0b05054a030b12"><span class="__cf_email__" data-cfemail="f8b1aca8d69c998e918bb896979999d69f978e">[email protected]</span></a>. An electronic copy of the Action Proponents'
application may be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities</a>. In case of problems accessing the
document, please call the contact listed below.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. All comments received are a part of
the public record and will be generally posted online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities</a> without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Leah Davis, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are proposed or, if the taking is limited to harassment, a notice of a
proposed authorization is provided to the public for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the monitoring and
reporting of the takings.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
The National Defense Authorization Act (NDAA) for Fiscal Year 2004
(Pub. L. 108-136) amended section 101(a)(5) of the MMPA to remove the
``small numbers'' and ``specified geographical region'' provisions and
amended the definition of ``harassment'' as applied to a ``military
readiness activity'' to read as follows (section 3(18)(B) of the MMPA):
(i) Any act that injures or has the significant potential to injure a
marine mammal or marine mammal stock in the wild (Level A Harassment);
or (ii) Any act that disturbs or is likely to disturb a marine mammal
or marine mammal stock in the wild by causing disruption of natural
behavioral patterns, including, but not limited to, migration,
surfacing, nursing, breeding, feeding, or sheltering, to a point where
such behavioral patterns are abandoned or significantly altered (Level
B Harassment). On August 13, 2018, the NDAA for Fiscal Year 2019 (Pub.
L. 115-232) amended the MMPA to allow incidental take regulations for
military readiness activities to be issued for up to 7 years.
Summary of Request
On September 16, 2024, NMFS received an application from the Action
Proponents requesting authorization to take marine mammals, by Level A
and Level B harassment, incidental to training, testing, and
modernization and sustainment of ranges (all characterized as military
readiness activities) including the use of sonar and other transducers,
in-air detonations, in-water detonations, air guns, and impact and
vibratory pile driving and extraction in the HCTT Study Area. In
addition, the Action Proponents are requesting authorization of 146
takes by mortality of 11 marine mammal species from explosives during
Navy training exercises, 27 takes by mortality of 7 marine mammal
species from explosives (including ship shock trials) during Navy
testing activities, and 9 takes of large whales by serious injury or
mortality from vessel strikes over the 7-year period of the LOAs: 5
takes incidental to the Navy's training and testing activities, and 4
takes incidental to the Coast Guard's training activities. In response
to our comments and following information exchange, the Action
Proponents submitted a final revised application that we determined was
adequate and complete on December 12, 2024. The Action Proponents
requested the regulations and subsequent LOAs be valid for 7 years
beginning in December 2025.
This will be the fourth time NMFS has promulgated incidental take
regulations pursuant to the MMPA relating to similar military readiness
activities in HCTT, following those effective from January 5, 2009,
through January 5, 2014, (74 FR 1456, January 12, 2009), from December
24, 2013, through December 24, 2018 (78 FR 78106, December 24, 2013),
and from December 21, 2018, through December 20, 2023 (83 FR 66846,
December 27, 2018), which was subsequently extended until December 20,
2025 (85 FR 41780, July 10, 2020) due to amendments to the NDAA (Pub.
L. 115-232).
Description of the Specified Activity
The HCTT Study Area includes areas in the north-central Pacific
Ocean, from California west to Hawaii and the International Date Line,
and including the Hawaii Range Complex (HRC), Southern California
(SOCAL) Range Complex, Point Mugu Sea Range (PMSR), Silver Strand
Training Complex, and the Northern California (NOCAL) Range Complex.
The HRC encompasses ocean areas around the Hawaiian Islands, extending
from 16
[[Page 100984]]
degrees north latitude to 43 degrees north latitude and from 150
degrees west longitude to the International Date Line. The SOCAL Range
Complex is located approximately between Dana Point, California and San
Antonio, Mexico, and extends southwest into the Pacific Ocean. The PMSR
is located adjacent to Los Angeles, Ventura, Santa Barbara, and San
Luis Obispo Counties along the Pacific Coast of Southern California.
The Silver Strand Training Complex is an integrated set of training
areas located on and adjacent to the Silver Strand, a narrow, sandy
isthmus separating the San Diego Bay from the Pacific Ocean. The NOCAL
Range Complex consists of two separate areas located offshore of
central and northern California, one northwest of San Francisco and the
other southwest of Monterey Bay. Please refer to figure 1-1 of the
application for a map of the HCTT Study Area, figure 2-1 through figure
2-6 for additional maps of the Hawaii Study Area and figure 2-7 through
figure 2-17 for additional maps of the California Study Area.
The following types of training and testing, which are classified
as military readiness activities pursuant to the section 315(f) of
Public Law 101-314 (16 U.S.C. 703), are included in the specified
activity described in the Action Proponents application:
<bullet> Amphibious warfare (in-water detonations);
<bullet> Anti-submarine warfare (sonar and other transducers, in-
water detonations);
<bullet> Expeditionary warfare (in-water detonations, pile driving/
extraction);
<bullet> Mine warfare (sonar and other transducers, in-water
detonations);
<bullet> Surface warfare (in-water detonations); and
<bullet> Other (sonar and other transducers, air guns, vessel
movement, missile and target launch noise from locations on San Nicolas
Island, missile and aerial target launch noise from the Pacific Missile
Range Facility (PMRF), artillery firing noise from shore to surface
gunnery at PMRF).
The application includes proposed mitigation measures for marine
mammals that would be implemented during training and testing
activities in the HCTT Study Area (see section 11 of the application).
Proposed procedural mitigation generally involves: (1) the use of one
or more trained Lookouts to diligently observe for specific biological
resources within a mitigation zone, (2) requirements for Lookouts to
immediately communicate sightings of specific biological resources to
the appropriate watch station for information dissemination, and (3)
requirements for the watch station to implement mitigation (e.g., halt
an activity) until certain recommencement conditions have been met.
Mitigation measures are also proposed for specific mitigation areas and
consist of a variety of measures including, but not limited to:
conducting a certain number of major training exercises per year, not
planning or avoid planning major training exercises, minimizing or not
conducting active sonar, conducting a limited amount of hull-mounted
mid-frequency active sonar per year, not expending explosive or non-
explosive ordnance, and implementing vessel speed reductions in certain
circumstances.
The Action Proponents also propose to undertake monitoring and
reporting efforts to better understand the impacts of their activities
on marine mammals and their habitat, track compliance with take
authorizations, and to help investigate the effectiveness of
implemented mitigation measures in the HCTT Study Area.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Action Proponents' request (see ADDRESSES).
NMFS will consider all information, suggestions, and comments related
to the request during the development of proposed regulations governing
the incidental taking of marine mammals by the Action Proponents, if
appropriate.
Dated: December 10, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-29416 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-22-P
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