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DOC/NOAA RIN: 0648-AW78 Publication ID: Spring 2009 
Title: Taking and Importing Marine Mammals; U.S. Navy Training in the Virginia Capes Range Complex 
Abstract: On March 17, 2008, the National Marine Fisheries Service (NMFS) received applications from the Navy requesting authorization for the take of 13 species of cetacean incidental to the proposed training activities in VACAPES Range Complex over the course of five years. These training activities are classified as military readiness activities and consist of surface warfare, mine warfare, strike warfare, and vessel movement. The Navy states that these training activities may cause various impacts to marine mammal species in the proposed VACAPES Range Complex. The Navy requests authorizations to take individuals of these cetacean species by Level B Harassment. Further, the Navy requests authorization to take 1 individual Atlantic spotted, 25 common, 1 pantropical spotted, and 9 striped dolphins per year by injury, and 1 individual common dolphin per year by mortality, as a result of the proposed training activities at VACAPES Range Complex. NMFS is taking this action to govern the take of these marine mammals by Level B Harassment (behavior), Level A Harassment (injury), and mortality incidental to the aforementioned training operations by the Navy VACAPES Range Complex for a period of five years, under the authority of section 101(a)(5)(A) of the Marine Mammal Protection Act. Under that authority NMFS also must prescribe mitigation, monitoring, and reporting requirements in connection with take authorizations. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously 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
Timetable:
Action Date FR Cite
NPRM  12/12/2008  73 FR 75631   
NPRM Comment Period End  01/12/2009    
Final Action  05/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Dr. Michael Payne
Fishery Biologist
Department of Commerce
National Oceanic and Atmospheric Administration
P.O. Box 21668,
Juneau, AK 99802
Phone:907 586-7235
Fax:301 713-2521
Email: michael.payne@noaa.gov