Daily Rules, Proposed Rules, and Notices of the Federal Government
A copy of the Navy's application may be obtained by writing to the address specified above (See
In the case of military readiness activities, sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
Authorization for incidental takings may be granted if NMFS finds that the taking will have no more than a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth.
NMFS has defined “negligible impact” in 50 CFR 216.103 as:
an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.
With respect to military readiness activities, the MMPA defines “harassment” as:
(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild [Level A
In August 2008, NMFS received an application from the Navy requesting authorization to take individuals of 28 species of marine mammals (all cetaceans) incidental to upcoming training and RDTE activities to be conducted in the MIRC over the course of 5 years. The Navy provided an addendum to the application in February 2009. NMFS subsequently requested additional information, which was received in March 2009. These training and RDTE activities are classified as military readiness activities. The Navy states that these training activities may expose some of the marine mammals present in the area to sound from various active tactical sonar sources or to pressure from underwater detonations. The Navy requests authorization to take individuals of 28 species of cetaceans by Level B Harassment. Further, the Navy requests authorization to take 9 individual beaked whales (of any of the following species: Blainville's beaked whale, Cuvier's beaked whale, Ginkgo-toothed whale, Longman's beaked whale) and one pantropical spotted dolphin by serious injury or mortality over the course of the 5-year rule.
In the application submitted to NMFS, the Navy requests authorization to take marine mammals incidental to conducting training events and RDTE utilizing mid- and high frequency active sonar sources and explosive detonations. These sonar and explosive sources will be utilized during Anti-submarine Warfare (ASW) Tracking and Torpedo Exercises, ASW Major Exercises (Multi Strike Group Exercises, Joint Expeditionary Exercises, and others), Extended Echo Ranging and Improved Extended Echo Ranging (EER/IEER) events, Missile Exercises, Gunnery Exercises, Bombing Exercises, Sinking Exercises, and Demolitions. Table 1-3 in the application lists the activity types, the equipment and platforms involved, and the duration and potential locations of the activities.
Interested persons may submit information, suggestions, and comments concerning the Navy's request (see