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DOC/NOAA RIN: 0648-AW86 Publication ID: Spring 2009 
Title: Taking and Importing Marine Mammals; U.S. Navy Training in the Hawaii Range Complex 
Abstract: The National Marine Fisheries Service (NMFS) is proposing the issuance of regulations and subsequent Letters of Authorization (LOAs) for the Navy to take individuals of 24 species of marine mammals incidental to upcoming Navy training activities to be conducted within the Hawaii Range Complex, which covers 235,000 nm2 around the Main Hawaiian Islands, over the course of 5 years. These training activities are classified as military readiness activities. These training activities may incidentally take (by Level B Harassment) marine mammals present within the HRC by exposing them to sound from mid-frequency or high frequency active sonar (MFAS/HFAS) or to underwater detonations at levels that NMFS associates with the take of marine mammals. Further, though we do not expect it to occur, NMFS proposes to authorize the Navy to take, by injury or mortality, up to 10 individuals each of 10 species over the course of the 5-year period (bottlenose dolphin, Kogia spp., melon-headed whale, pantropical spotted dolphin, pygmy killer whale, short-finned pilot whale, striped dolphin, and Cuvier’s, Longman’s, and Blainville’s beaked whale). Because of the public interest and likelihood of litigation, this application and proposal is considered controversial. 
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
NPRM  06/23/2008  73 FR 35509   
NPRM Comment Period End  07/23/2008    
Final Action  01/12/2009  74 FR 1456   
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