Dear Colleagues, Today, NOAA Fisheries announced a final rule in the Federal Register to modify existing regulations and Letters of Authorization (LOAs) under the Marine Mammal Protection Act that govern incidental take of marine mammals by the U.S. Navy in the Hawaii-Southern California Training and Testing (HSTT) Study Area. NOAA Fisheries is authorizing two additional takes of large whales by serious injury or mortality by vessel strike over the remainder of the HSTT authorization period (through December 2025). The current HSTT regulations (50 CFR Part 218, Subpart H) and LOAs authorize the take of three large whales by serious injury or mortality by vessel strike.
This modification is based upon new information regarding U.S. Navy vessel strikes in southern California. Given the new information, the final rule includes a revised analysis of vessel strike risk in the HSTT Study Area and authorization of two additional takes by serious injury or mortality for large whales from vessel strikes, beyond that authorized in the 2020 HSTT final rule <https://www.federalregister.gov/documents/2020/07/10/2020-14181/taking-and-importing-marine-mammals-taking-marine-mammals-incidental-to-the-us-navy-training-and> . NOAA Fisheries has also issued a reinitiated Endangered Species Act (ESA) section 7 biological opinion on this action. Based on our biological opinion effects analyses, we conclude that the proposed action would likely adversely affect, but is not likely to jeopardize, the continued existence of any ESA-listed species in the proposed action area. We have also concluded that the proposed action is not likely to destroy or adversely modify designated critical habitat for any of the ESA-listed species affected by HSTT activities. Documents associated with this final action are available on our website <https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-hawaii-southern-california-training-and-testing-hstt> . NOAA Fisheries is committed to careful review and use of the best available scientific information in satisfying the requirements of the Marine Mammal Protection Act and Endangered Species Act. Leah Davis -- *Leah Davis *(she/her) Biologist, Permits and Conservation Division Office of Protected Resources | NOAA Fisheries (301) 427- 8431 www.fisheries.noaa.gov
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