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DOC/NOAA

RIN: 0648-AW90

Publication ID: Fall 2008

Title: ●Taking and Importing Marine Mammals; U.S. Navy's Atlantic Fleet Active Sonar Training (AFAST)
Abstract: In February 2008, the National Marine Fisheries Service (NMFS) received an application from the Navy for MMPA Letters of Authorization (LOAs) to take individuals of 39 species of marine mammals incidental to Navy Atlantic Fleet Active Sonar Training (AFAST) to be conducted off the Atlantic Coast of the U.S. and in the Gulf of Mexico over the course of 5 years. These military readiness training activities may incidentally take marine mammals present in the area by exposing them to sound from mid-frequency or high frequency active sonar (MFAS/HFAS) or to underwater explosive detonations that may take marine mammals. Further, though we do not anticipate it to occur, the Navy requests authorization to take, by injury or mortality, up to 10 total beaked whales over the course of 5 years (any combination of six species). NMFS participated as a cooperating agency on the Environmental Impact Statement (EIS) analyzing the effects on the environment from the Navy's proposed activity. Take of marine mammals will be minimized through: (1) Powerdown and shutdown of sonar when marine mammals are detected within ranges where the received sound level is likely to result in temporary threshold shift (TTS) or injury, (2) the use of exclusion zones that avoid exposing marine mammals to explosives likely to result in injury or death of marine mammals, and (3) the implementation of a Stranding Response Plan for the HRC, which includes a shutdown provision in and requires NMFS and the Navy develop an MOA to allow the Navy to assist NMFS in stranding response/investigation through in-kind services. NMFS is still working with the Navy to determine if additional protective measures are appropriate. Additionally, NMFS and the Navy have worked to develop a robust monitoring plan to help further determine the effects that MFAS/HFAS have on marine mammals.
Agency: Department of Commerce(DOC)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 50 CFR 216
Legal Authority: 16 USC 1361

Legal Deadline: None

Statement of Need: NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to training activities conducted off the U.S. Atlantic Coast and in the Gulf of Mexico for the period of January 2009 through January 2014. The final regulations would authorize these activities and govern the take of marine mammals. These training activities are classified as military readiness activities. The Navy states, and NMFS concurs, that these training activities may incidentally take marine mammals present within the AFAST Study Area by exposing them to sound from mid-frequency or high frequency active sonar or to employment of the improved extended echo ranging (IEER) system. The IEER consists of an explosive source sonobuoy (AN/SSQ-110A) and an air deployable active receiver (ADAR) sonobuoy (AN/SSQ-101). The purpose of the Navy's proposed action is to provide mid- and high-frequency active sonar and IEER system training for U.S. Navy Atlantic Fleet ship, submarine, and aircraft crews, as well as to conduct research, development, testing, and evaluation (RDT&E) activities to support the requirements of the Fleet Readiness Training Plan (FRTP) and stay proficient in anti-submarine warfare and mine warfare skills. The FRTP is the Navy's training cycle that requires naval forces to build up in preparation for operational deployment and to maintain a high level of proficiency and readiness while deployed. All phases of the FRTP training cycle are needed to meet Title 10 requirements. Specifically, the Navy's need for training and RDT&E is found in Title 10 of the United States Code (U.S.C.), Section 5062 (10 U.S.C. 5062). Title 10 U.S.C. 5062 requires the Navy to be "organized, trained, and equipped primarily for prompt and sustained combat incident to operations at sea."

Summary of the Legal Basis: Marine Mammal Protection Act, 16 U.S.C. 1371(a)(5)(A).

Alternatives: A number of alternatives were analyzed in the Draft Environmental Impact Statement prepared for this action, published on February 15, 2008, and available at http://www.nmfs.noaa.gov/pr/permits/incidental.htm

Anticipated Costs and Benefits: Because the Navy is the only entity that will be directly affected by this rulemaking, NMFS did not perform an analysis of the anticipated costs and benefits.

Risks: This rule addresses the risk of take incidental to Navy training activities. The rule analyzes the risk of such take.

Timetable:

Action	Date	FR Cite
NPRM	10/14/2008	73 FR 60754
NPRM Comment Period End	11/13/2008
Final Action	01/00/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: James H. Lecky Director, Office of Protected Resources Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Silver Spring, MD 20910 Phone:301 713-2332 Fax:301 427-2520 Email: jim.lecky@noaa.gov