(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 Gulf of Alaska Temporary Maritime Activities Area (GoA TMAA) (as depicted in Figure 1-1 in the Navy's application for GoA TMAA), which is bounded by a hexagon with the following six corners: 57[deg]30[min] N. lat., 141[deg]30[min] W. long.; 59[deg]36[min] N. lat., 148[deg]10[min] W. long.; 58[deg]57[min] N. lat., 150[deg]04[min] W. long.; 58[deg]20[min] N. lat., 151[deg]00[min] W. long.; 57[deg]16[min] N. lat., 151[deg]00[min] W. long.; and 55[deg]30[min] N. lat., 142[deg]00[min] W. long.
(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) sources, high-frequency active sonar (HFAS) sources, or similar sources for Navy training activities (estimated amounts below):
(i) AN/SQS-53 (hull-mounted active sonar)--up to 2,890 hours over the course of 5 years (an average of 578 hours per year);
(ii) AN/SQS-56 (hull-mounted active sonar)--up to 260 hours over the course of 5 years (an average of 52 hours per year);
(iii) AN/SSQ-62 (Directional Command Activated Sonobuoy System (DICASS) sonobuoys)--up to 1,330 sonobuoys over the course of 5 years (an average of 266 sonobuoys per year);
(iv) AN/AQS-22 (helicopter dipping sonar)--up to 960 ``dips'' over the course of 5 years (an average of 192 ``dips'' per year);
(v) AN/BQQ-10 (submarine hull-mounted sonar)--up to 240 hours over the course of 5 years (an average of 48 hours per year);
(vi) MK-48 (torpedo)--up to 10 torpedoes over the course of 5 years (a maximum of 2 torpedoes per year);
(vii) AN/SSQ-110A (IEER)--up to 400 buoys deployed over the course of 5 years (an average of 80 per year maximum combined use of AN/SSQ-110A or AN/SSQ-125);
(viii) AN/SSQ-125 (MAC)--up to 400 buoys deployed over the course of 5 years (an average of 80 per year maximum combined use of AN/SSQ-110A or AN/SSQ-125);
(ix) Range Pingers--up to 400 hours over the course of 5 years (an average of 80 hours per year);
(x) SUS MK-84--up to 120 devices over the course of 5 years (an average of 24 per year);
(xi) PUTR Transponder--up to 400 hours over the course of 5 years (an average of 80 hours per year); and
(xii) MK-39 EMATT Targets--up to 60 devices over the course of 5 years (an average of 12 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 (Net Explosive Weight (NEW)):
(A) 5[sec] Naval Gunfire (9.5 lbs NEW);
(B) 76 mm rounds (1.6 lbs NEW);
(C) Maverick (78.5 lbs NEW);
(D) MK-82 (238 lbs NEW);
(E) MK-83 (238 lbs NEW);
(F) MK-83 (574 lbs NEW);
(G) MK-84 (945 lbs NEW);
(H) MK-48 (851 lbs NEW);
(I) AN/SSQ-110A (IEER explosive sonobuoy--5 lbs NEW);
(ii) Training Events:
(A) Gunnery Exercises (S-S GUNEX)--up to 60 exercises over the course of 5 years (an average of 12 per year);
(B) Bombing Exercises (BOMBEX)--up to 180 exercises over the course of 5 years (an average of 36 per year);
(C) Sinking Exercises (SINKEX)--up to 10 exercises over the course of 5 years (a maximum of 2 per year);
(D) Extended Echo Ranging and Improved Extended Echo Ranging (EER/IEER) Systems--up to 400 deployments over the course of 5 years (an average of 80 per year);
(E) Missile exercises (A-S MISSILEX)--up to 20 exercises over the course of 5 years (an average of 4 per year).
(d) The taking of marine mammals may be authorized in an LOA for the activities and sources listed in Sec. 218.120(c) should the amounts (i.e., hours, dips, number of exercises) vary from those estimated in Sec. 218.120(c), provided that the variation does not result in exceeding the amount of take indicated in Sec. 218.122(c).