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DOC/NOAA RIN: 0648-AV97 Publication ID: Spring 2009 
Title: Taking of Marine Mammals Incidental to U.S. Navy Training in the Hawaii Range Complex, Hawaii 
Abstract: Pursuant to section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA)(16 U.S.C. 1361 et seq.), the National Marine Fisheries Service (NMFS), upon application from the U.S. Navy (Navy), plans to issue regulations to govern the unintentional taking of marine mammals, by harassment, incidental to training activities conducted within the Navy’s Hawaii Range Complex (HRC). The regulations will set forth the permissible methods of taking, other means of effecting the least practicable adverse impact on the affected species or stocks and their habitats (i.e., mitigation), and the requirements pertaining to the monitoring and reporting of such taking. Letters of Authorization (LOAs) issued under the regulations would authorize the take of marine mammals incidental to upcoming Navy training activities to be conducted within the HRC (which covers 235,000 nm2 around the Main Hawaiian Islands) over the course of 5 years and commencing in July 2008. The HRC complex consists of targets and instrumented areas, airspace, surface operational areas (OPAREAS), and land range facilities. Implementation of the training activities conducted by the Navy will expose marine mammals of 26 species present within the HRC to sound from hull-mounted mid-frequency active tactical sonar or to underwater detonations. This rule, if issued, would cover take of individuals of 26 species of marine mammals by Level B Harassment. Further, the rule would cover take of a very small number of individuals of a subset of the exposed species (not ESA-listed species) per year by serious injury or mortality. 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 216   
Legal Authority: 16 USC 1361 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Duplicate of 0648-AW86  02/06/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Kenneth R. Hollingshead
Fishery Biologist
Department of Commerce
National Oceanic and Atmospheric Administration
Office of Protected Resources, 1315 East-West Highway,
Silver Spring, MD 20912
Phone:301 713-2055
Email: ken.hollingshead@noaa.gov