[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Proposed Rules]
[Pages 30212-30214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14935]
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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
[[Page 30214]]
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]
BILLING CODE 3510-22-F
