Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Naval Activities

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 960318084-6084-01; I.D. 031396E]

RIN 0648-AG55

Taking and Importing Marine Mammals; Taking Marine Mammals

Incidental to Naval Activities

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of a petition for regulations, and an

application for a

[[Page 30213]]

small take exemption; request for comment and information.

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SUMMARY: NMFS has received a request from the U.S. Navy for a small

take of marine mammals incidental to shock testing the USS SEAWOLF

submarine in the offshore waters of the U.S. Atlantic coast in 1997. As

a result of that request, NMFS is considering whether to propose

regulations that would authorize the incidental taking of a small

number of marine mammals. In order to implement regulations and issue

an authorization, NMFS must determine that these takings will have a

negligible impact on the affected species and stocks of marine mammals.

NMFS invites comment on the application and suggestions on the content

of the regulations.

DATES: Comments and information must be postmarked no later than July

15, 1996.

ADDRESSES: Comments should be addressed to Chief, Marine Mammal

Division, Office of Protected Resources, National Marine Fisheries

Service, 1315 East-West Highway, Silver Spring, MD 20910-3226. A copy

of the application may be obtained by writing to the above address,

telephoning the person below (see FOR FURTHER INFORMATION CONTACT) or

by leaving a voice mail request at (301) 713-4060.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead (301) 713-

2055.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) of the Marine Mammal Protection Act (16

U.S.C. 1361 et seq.) (MMPA) directs the Secretary of Commerce to allow,

upon request, the incidental, but not intentional taking of marine

mammals by U.S. citizens who engage in a specified activity (other than

commercial fishing) within a specified geographical region if certain

findings are made and regulations are issued.

Permission may be granted for periods of 5 years or less if the

Secretary finds that the taking will have 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

regulations are prescribed setting forth the permissible methods of

taking and the requirements pertaining to the monitoring and reporting

of such taking.

Summary of Request

On June 7, 1996, NMFS received an application for an incidental,

small take exemption under section 101(a)(5)(A) of the MMPA from the

U.S. Navy to take marine mammals incidental to shock testing the USS

SEAWOLF submarine off the U.S. Atlantic coast. The USS SEAWOLF is the

first of a new class of submarines being acquired by the Navy. In

accordance with 10 U.S.C. 2366, each new class of ships constructed for

the Navy cannot proceed beyond initial production until realistic

survivability testing of the system is completed. Realistic

survivability testing means testing for the vulnerability of the system

in combat by firing munitions likely to be encountered in combat. This

testing and assessment is commonly referred to as ``Live Fire Test &

Evaluation (LFT&E).'' Because realistic testing by detonating torpedoes

or mines against a ship's hull could result in the loss of a multi-

billion dollar Navy asset, the Navy has established an LFT&E program

consisting of computer modeling, component and surrogate testing, and

shock testing the entire ship. Together, these components complete the

survivability testing as required by 10 U.S.C. 2366.

The shock test component of LFT&E is a series of underwater

detonations that propagate a shock wave through a ship's hull under

deliberate and controlled conditions. Shock tests simulate near misses

from underwater explosions similar to those encountered in combat.

Shock testing verifies the accuracy of design specifications for shock

testing ships and systems, uncovers weaknesses in shock sensitive

components that may compromise the performance of vital systems, and

provides a basis for correcting deficiencies and upgrading ship and

component design specifications. While computer modeling and laboratory

testing provide useful information, they cannot substitute for shock

testing under realistic, offshore conditions. To minimize cost and risk

to personnel, the first ship in each new class is shock tested and

improvements are applied to later ships of the class.

The Navy proposes to shock test the USS SEAWOLF by detonating a

single 4,536-kg (10,000-lb) explosive charge near the submarine once

per week over a 5-week period between April 1 and September 30, 1997.

(If the Mayport FL site is selected, the shock tests would be conducted

between May 1 and September 30, 1997 in order to minimize risk to sea

turtles). Detonations would occur 30 m (100 ft) below the ocean surface

in a water depth of 152 m (500 ft). The USS SEAWOLF would be underway

at a depth of 20 m (65 ft) at the time of the test. For each test, the

submarine would move closer to the explosive so the submarine would

experience a more severe shock.

As part of a separate review under the National Environmental

Policy Act (NEPA), two sites are being considered by the Navy for the

USS SEAWOLF shock test effort. The Mayport site is located on the

continental shelf of Georgia and northeast Florida and the Norfolk site

is located on the continental shelf offshore of Virginia and North

Carolina.

Potential impacts to the several marine mammal species known to

occur in these areas from shock testing include both lethal and non-

lethal injury, as well as harassment. Death or injury may occur as a

result of the explosive blast, and harassment may occur as a result of

non-injurious physiological responses to the explosion-generated

shockwave and its acoustic signature. The Navy believes it is very

unlikely that injury will occur from exposure to the chemical by-

products released into the surface waters, and no permanent alteration

of marine mammal habitat would occur. While the Navy does not

anticipate any lethal takes would result from these detonations,

calculations indicate that the Mayport site has the potential to result

in one lethal take, 5 injurious takes, and 570 harassment takes, while

the Norfolk site has the potential to result in 8 lethal takes, 38

injurious takes, and 4,819 harassment takes. Because of the potential

impact to marine mammals, the Navy has requested NMFS to promulgate

regulations and issue a letter of authorization under section

101(a)(5)(A) of the MMPA that would authorize the incidental taking.

The Navy's proposed action includes mitigation that would minimize

risk to marine mammals and sea turtles. The Navy would: (1) Through

pre-detonation aerial surveys, select a test area with the lowest

possible number of marine mammals and turtles; (2) monitor the area

visually (aerial and shipboard monitoring) and acoustically before each

test and postpone detonation if any marine mammal or sea turtle is

detected within a safety zone of 3.7 km (2 nmi); and (3) monitor the

area after each test to find and treat any injured animals. If post-

detonation monitoring shows that marine mammals or sea turtles were

killed or injured as a result of the test, testing would be halted

until procedures for subsequent detonations could be reviewed and

changed as necessary.

NEPA

The Navy has released a draft environmental impact statement under

NEPA for public review and comment on this action. NMFS is a

cooperating agency as defined by the Council on

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Environmental Quality (40 CFR 1501.6). For information on the

availability of that document, please refer to the appropriate notice

elsewhere in this issue of the Federal Register.

Information Solicited

NMFS requests interested persons to submit comments, information,

and suggestions concerning the request and the structure and content of

regulations to allow the taking. NMFS will consider this information in

determining the appropriate action to take in response to this request.

If NMFS proposes regulations to allow this take, a rule will be

published in the Federal Register and interested parties will be given

ample time and opportunity to comment.

Dated: June 7, 1996.

Patricia A. Montanio,

Acting Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 96-14935 Filed 6-13-96; 8:45 am]

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