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DOC/NOAA RIN: 0648-BI42 Publication ID: Spring 2019 
Title: Taking Marine Mammals Incidental to Activities Associated With The Employment of Surveillance Towed Array Sensor System Low Frequency Active Sonar, U.S. Navy 
Abstract:

Based on NMFS's receipt of an application from the U.S. Navy for incidental take regulations and a Letter of Authorization under the Marine Mammal Protection Act, this action proposes regulations to govern the unintentional taking of marine mammals incidental to the use of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar onboard U.S. Navy surveillance ships. This rule would cover the use of SURTASS LFA sonar for training and testing activities conducted under the authority of the Secretary of the Navy in the western and central North Pacific and eastern Indian oceans (except in Arctic and Antarctic waters and certain geographical restrictions) beginning August 2019, for a 7-year period. The proposed 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; and requirements pertaining to the monitoring and reporting of such taking. Letters of Authorization issued under the regulations would authorize the take of marine mammals incidental to the specified activities. This will be the fourth such rule for SURTASS LFA sonar. The previous rule expired in August 2017 and the Navy is currently operating under an MMPA National Defense Exemption (NDE), which expires in August 2019.

 
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 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 50 CFR 218   
Legal Authority: 16 U.S.C. 1361 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/01/2019  84 FR 7186   
NPRM Comment Period End  04/01/2019 
Final Action  05/00/2019 
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:
Donna Wieting
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8400