NOAA FISHERIES SETS OUTER LIMIT ON TAKES

FROM P. 68 OF NMFS PROPOSED RULE Federal Register Monday July 13, 2009
§ 218.112 Permissible methods of taking.
(a) Under Letters of Authorization
issued pursuant to §§ 216.106 and
218.117 of this chapter, the Holder of
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33894 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules
the Letter of Authorization (hereinafter
‘‘Navy’’) may incidentally, but not
intentionally, take marine mammals
within the area described in
§ 218.110(b), provided the activity is in
compliance with all terms, conditions,
and requirements of these regulations
and the appropriate Letter of
Authorization.
(b) The activities identified in
§ 218.110(c) must be conducted in a
manner that minimizes, to the greatest
extent practicable, any adverse impacts
on marine mammals and their habitat.
(c) The incidental take of marine
mammals under the activities identified
in § 218.110(c) is limited to the
following species, by the indicated
method of take and the indicated
number of times (estimated based on the
authorized amounts of sound source
operation):
(1) Level B Harassment (°æ10% of the
Take Estimate Indicated Below)
(i) Mysticetes
(A) Humpback whale (Megaptera
novaeangliae)—75 (an average of 15
annually);
(B) Fin whale (Balaenoptera
physalus)—720 (an average of 144
annually);
(C) Blue whale (Balaenoptera
musculus)—95 (an average of 19
annually);
(D) Sei whale (Balaenoptera
borealis)—5 (an average of 1 annually);
(E) Minke whale (Balaenoptera
acutorostrata)—45 (an average of 9
annually); and
(F) Gray whale (Eschrichtius
robustus)—20 (an average of 4
annually).
(ii) Odontocetes
(A) Sperm whales (Physeter
macrocephalus)—635 (an average of 127
annually);
(B) Killer whale (Orcinus orca)—70
(an average of 14 annually);
(C) Pygmy or dwarf sperm whales
(Kogia breviceps or Kogia sima)—20 (an
average of 94 annually);
(D) Mesoplodont beaked whales—75
(an average of 15 annually);
(E) Cuvier’s beaked whales (Ziphius
cavirostris)—70 (an average of 14
annually);
(F) Baird’s beaked whales (Berardius
bairdii)—65 (an average of 13 annually);
(G) Short-finned pilot whale
(Globicephala macrorynchus)—10 (an
average of 2 annually);
(H) Striped dolphin (Stenella
coeruleoalba)—400 (an average of 40
annually);
(I) Short-beaked common dolphin
(Globicephala macrorhynchus)—6280
(an average of 1256 annually);
(J) Risso’s dolphin (Grampus
griseus)—500 (an average of 100
annually);
(K) Northern right whale dolphin
(Lissodelphis borealis)—3705 (an
average of 741 annually);
(L) Pacific white-sided dolphin
(Lagenorhynchus obliquidens)—2855
(an average of 571 annually);
(M) Dall’s porpoise (Phocoenoides
dalli)—23780 (an average of 4752
annually); and
(N) Harbor Porpoise (Phocoena
phocoena)—596370 (an average of
119274 annually).
(ii) Pinnipeds
(A) Northern elephant seal (Mirounga
angustirostris)—1890 (an average of 378
annually);
(B) Pacific harbor seal (Phoca
vitulina)—2930 (an average of 586
annually);
(C) California sea lion (Zalophus
californianus)—1430 (an average of 286
annually);
(D) Northern fur seal (Callorhinus
ursinus)—6825 (an average of 1365
annually); and
(E) Steller sea lion (Eumetopias
jubatus)—600 (an average of 120
annually).
(2) Level A Harassment
(i) Fin whale—5 (an average of 1
annually);
(ii) Blue Whale—5 (an average of 1
annually);
(iii) Sperm whale—5 (an average of 1
annually);
(iv) Dall’s Porpoise—15 (an average of
3 annually);
(v) Harbor Porpoise—5 (an average of
1 annually);
(vi) Northern right whale dolphin—5
(an average of 1 annually);
(vii) Short-beaked common dolphin—
10 (an average of 2 annually);
(viii) Northern elephant seal—10 (an
average of 2 annually);
(ix) Pacific harbor seal—5 (an average
of 1 annually); and
(x) Northern fur seal—5 (an average of
1 annually).

The National Defense Authorization
Act of 2004 (NDAA) (Pub. L. 108–136)
modified the MMPA by removing the
‘‘small numbers’’ and ‘‘specified
geographical region’’ limitations and
amended the definition of ‘‘harassment’’
as it applies to a ‘‘military readiness
activity’’ to read as follows (Section
3(18)(B) of the MMPA):
(i) Any act that injures or has the
significant potential to injure a marine
mammal or marine mammal stock in the wild
[Level A Harassment]; or
(ii) Any act that disturbs or is likely to
disturb a marine mammal or marine mammal
stock in the wild by causing disruption of
natural behavioral patterns, including, but
not limited to, migration, surfacing, nursing,
breeding, feeding, or sheltering, to a point
where such behavioral patterns are
abandoned or significantly altered [Level B
Harassment].
In January 2009, the Council on
Environmental Quality requested that
NOAA conduct a comprehensive review
of the Navy’s mitigation measures
applicable to the use of sonar in it’s
training activities.

Tags: navy training range