(a) Regulations in this subpart apply only to the U.S. Navy for the taking of marine mammals that occurs in the area outlined in paragraph (b) of this section and that occur incidental to the activities described in paragraph (c) of this section.
(b) The taking of marine mammals by the Navy is only authorized if it occurs within the Offshore area of the Northwest Training Range Complex (NWTRC) (as depicted in Figure ES-1 in the Navy's Draft Environmental Impact Statement for NWTRC), which is bounded by 48[deg]30[min] N. lat.; 130[deg]00[min] W. long.; 40[deg]00[min] N. lat.; and on the east by 124[deg]00[min] W. long or by the shoreline where the shoreline extends west of 124[deg]00[min] W. long (excluding the Strait of Juan de Fuca (east of 124[deg]40[min] W. long), which is not included in the Offshore area).
(c) The taking of marine mammals by the Navy is only authorized if it occurs incidental to the following activities:
(1) The use of the following mid-frequency active sonar (MFAS) and high frequency active sonar (HFAS) sources, or similar sources, for Navy training, maintenance, or research, development, testing, and evaluation (RDT&E;) (estimated amounts below):
(i) AN/SQS-53 (hull-mounted active sonar)--up to 215 hours over the course of 5 years (an average of 43 hours per year);
(ii) AN/SQS-56 (hull-mounted active sonar)--up to 325 hours over the course of 5 years (an average of 65 hours per year);
(iii) SSQ-62 (Directional Command Activated Sonobuoy System (DICASS) sonobuoys)--up to 4430 sonobuoys over the course of 5 years (an average of 886 sonobuoys per year)
(iv) MK-48 (heavyweight torpedoes)--up to 10 torpedoes over the course of 5 years (an average of 2 torpedoes per year);
(v) AN/BQS-15 (mine detection and submarine navigational sonar)--up to 210 hours over the course of 5 years (an average of 42 hours per year);
(vi) AN/SSQ-125 (AEER)--up to 745 buoys deployed over the course of 5 years (total combined with the AN/SSQ-110A (IEER)) (an average of 149 per year);
(vii) Range Pingers--up to 900 hours over the course of 5 years (an average of 180 hours per year); and
(viii) PUTR Uplink--up to 750 hours over the course of 5 years (an average of 150 hours per year).
(2) The detonation of the underwater explosives indicated in paragraph (c)(2)(i) of this section, or similar explosives, conducted as part of the training exercises indicated in paragraph (c)(2)(ii) of this section:
(i) Underwater Explosives:
(A) 5[sec] Naval Gunfire (9.5 lbs);
(B) 76 mm rounds (1.6 lbs);
(C) Maverick (78.5 lbs);
(D) Harpoon (448 lbs);
(E) MK-82 (238 lbs);
(F) MK-48 (851 lbs);
(G) Demolition Charges (2.5 lbs);
(H) AN/SSQ-110A (IEER explosive sonobuoy--5 lbs);
(I) HARM;
(J) Hellfire;
(K) SLAM; and
(L) GBU 10, 12, and 16.
(ii) Training Events:
(A) Surface-to-surface Gunnery Exercises (S-S GUNEX)--up to 1700 exercises over the course of 5 years (an average of 340 per year).
(B) Bombing Exercises (BOMBEX)--up to 150 exercises over the course of 5 years (an average of 30 per year).
(C) Sinking Exercises (SINKEX)--up to 10 exercises over the course of 5 years (an average of 2 per year).
(D) Extended Echo Ranging and Improved Extended Echo Ranging (EER/IEER) Systems--up to 60 exercises (total combined with the AN/SSQ-125A (AEER)) over the course of 5 years (an average of 12 per year).
(3) The taking of marine mammals may also be authorized in an LOA for the activities and sources listed in Sec. 218.110(c)(1) should the amounts (i.e., hours, dips, number of exercises) vary from those estimated in Sec. 218.110(c)(2), provided that the variation does not result in exceeding the amount of take indicated in Sec. 218.112(c). [75 FR 45547, Aug. 3, 2010, as amended at 77 FR 4924, Feb. 1, 2012]