§ 218.90 - Specified activity and geographical region.

§ 218.90 Specified activity and specified geographical region.

(a) Regulations in this subpart apply only to the U.S. Navy for the taking of marine mammals that occurs in the area outlined described in paragraph (b) of this section and that occurs incidental to the activities described listed in paragraph (c) of this section.

(b) The taking of marine mammals by the Navy is only authorized under this subpart may be authorized in a Letter of Authorization (LOA) only if it occurs within the Mariana Islands Training and Testing (MITT) Study Area, which includes the . The MITT Study Area is comprised of three components: The Mariana Islands Range Complex (MIRC) and , additional areas to on the north and west. The Study Area includes established ranges, operating areas, warning areas, and special use airspace in the region of the Mariana Islands that are part of the MIRC, its surrounding seas, and a transit corridor to the Hawaii Range Complex. The Study Area also includes Navy pierside locations where sonar maintenance and testing may occurhigh seas, and a transit corridor between the MIRC and the Hawaii Range Complex (HRC). The MIRC includes the waters south of Guam to north of Pagan (Commonwealth of the Northern Mariana Islands (CNMI)), and from the Pacific Ocean east of the Mariana Islands to the Philippine Sea to the west, encompassing 501,873 square nautical miles (nmi²) of open ocean. The additional areas of the high seas include the area to the north of the MIRC that is within the U.S. Exclusive Economic Zone (EEZ) of the CNMI and the areas to the west of the MIRC. The transit corridor is outside the geographic boundaries of the MIRC and represents a great circle route (i.e., the shortest distance) across the high seas for Navy ships transiting between the MIRC and the HRC. Additionally, the MITT Study Area includes pierside locations in the Apra Harbor Naval Complex.

(c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the following activities within the designated amounts of useNavy conducting training and testing activities, including:

(1) Non-impulsive Sources Used During Training and Testing: Training.

(i) Low-frequency (LF) Source Classes:

(A) LF4 - an average of 123 hours per year.

(B) LF5 - an average of 11 hours per year.

(C) LF6 - an average of 40 hours per year.

(ii) Mid-frequency (MF) Source Classes:

(A) MF1 - an average of 1,872 hours per year.

(B) MF2 - an average of 625 hours per year.

(C) MF3 - an average of 192 hours per year.

(D) MF4 - an average of 214 hours per year.

(E) MF5 - an average of 2,588 items per year.

(F) MF6 - an average of 33 items per year.

(G) MF8 - an average of 123 hours per year.

(H) MF9 - an average of 47 hours per year.

(I) MF10 - an average of 231 hours per year.

(J) MF11 - an average of 324 hours per year.

(K) MF12 - an average of 656 hours per year.

(iii) High-frequency (HF) and Very High-frequency (VHF) Source Classes:

(A) HF1 - an average of 113 hours per year.

(B) HF4 - an average of 1,060 hours per year.

(C) HF5 - an average of 336 hours per year.

(D) HF6 - an average of 1,173 hours per year.

(iv) Anti-Submarine Warfare (ASW) Source Classes:

(A) ASW1 - an average of 144 hours per year.

(B) ASW2 - an average of 660 items per year.

(C) ASW3 - an average of 3,935 hours per year.

(D) ASW4 - an average of 32 items per year.

(v) Torpedoes (TORP) Source Classes:

(A) TORP1 - an average of 115 items per year.

(B) TORP2 - an average of 62 items per year.

(vi) Acoustic Modems (M):

(A) M3 - an average of 112 hours per year.

(B) [Reserved]

(vii) Swimmer Detection Sonar (SD):

(A) SD1 - an average 2,341 hours per year.

(B) [Reserved]

(2) Impulsive Source Detonations During Training and Testing:

(i) Explosive Classes:

(A) E1 (0.1 to 0.25 lb NEW) - an average of 10,140 detonations per year.

(B) E2 (0.26 to 0.5 lb NEW) - an average of 106 detonations per year.

(C) E3 (>0.5 to 2.5 lb NEW) - an average of 932 detonations per year.

(D) E4 (>2.5 to 5 lb NEW) - an average of 420 detonations per year.

(E) E5 (>5 to 10 lb NEW) - an average of 684 detonations per year.

(F) E6 (>10 to 20 lb NEW) - an average of 76 detonations per year.

(G) E8 (>60 to 100 lb NEW) - an average of 16 detonations per year.

(H) E9 (>100 to 250 lb NEW) - an average of 4 detonations per year.

(I) E10 (>250 to 500 lb NEW) - an average of 12 detonations per year.

(J) E11 (>500 to 650 lb NEW) - an average of 6 detonations per year.

(K) E12 (>650 to 2,000 lb NEW) - an average of 184 detonations per year.

(ii) [Reserved]

Amphibious warfare;

(ii) Anti-submarine warfare;

(iii) Mine warfare;

(iv)-(v) [Reserved];

(vi) Surface warfare; and

(vii) Other training activities.

(2) Testing.

(i) Naval Air Systems Command Testing Activities;

(ii) Naval Sea Systems Command Testing Activities; and

(iii) Office of Naval Research Testing Activities.