View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOC/NOAA RIN: 0648-AW90 Publication ID: Spring 2009 
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: 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   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/14/2008  73 FR 60754   
NPRM Comment Period End  11/13/2008    
Final Action   01/27/2009  74 FR 4844   
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