NOAA Fisheries will issue seven-year regulations under the Marine Mammal Protection Act (MMPA) to govern the incidental take of marine mammals by the U.S. Navy’s training and testing activities in the Northwest Training and Testing (NWTT) Study Area from November 2020 through November 2027. These regulations authorize take of individuals of 28 species of marine mammals by Level A and Level B harassment incidental to the Navy’s training and testing activities from the use of sonar and other transducers and in-water detonations. In addition, the final rule includes authorization for the potential serious injury or mortality of up to three large whales from vessel strikes over the seven-year authorization period. You can access the final rule online as of today at: *https://www.federalregister.gov/d/2020-23757 <https://www.federalregister.gov/d/2020-23757>*. We anticipate the published version of the rule to appear in the November 12 issue of the *Federal Register*.
NOAA Fisheries has also issued an 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 the following species: blue whale, fin whale, humpback whale (Central America DPS and Mexico DPS), sei whale, killer whale – Southern Resident DPS, sperm whales, Guadalupe fur seal, leatherback sea turtle, and 30 ESA-listed fish species (*i.e*., ESUs or DPSs). We have also concluded that the proposed action is not likely to destroy or adversely modify designated (or proposed) critical habitat for any of the ESA-listed species affected by NWTT activities. The Navy’s activities are likely to result in the incidental take of ESA-listed species by exposing them to sonar and in-water detonations, as well as incidental take to sea turtles from ship strike. NOAA Fisheries’ regulations require mitigation and monitoring measures that are expected to reduce adverse impacts to marine mammals. NOAA Fisheries and the Navy have worked together to develop a comprehensive suite of mitigation measures including procedural mitigations that reduce the likelihood of mortality, injury, hearing impairment, and more severe behavioral responses for most species, as well as time/area mitigation that further protect areas where marine mammals conduct important behaviors and/or sensitive species congregate, which reduces the likelihood of takes that are likely to impact reproduction or survival. Since publication of the proposed rule, and in consideration of the comments received, additional geographic and procedural mitigation requirements have been added to the final rule that will further reduce the likelihood and/or severity of adverse impacts on marine mammal species and their habitat and are practicable for implementation. Overall, NOAA Fisheries and the Navy have developed adaptive management and a robust monitoring plan specifically for these training and testing activities to help better understand the effects of Navy activities on protected marine species. Please visit *https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act* <https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act> for more information on NOAA’s incidental take program under the MMPA. Geographic Mitigation Areas for Marine Mammals in the NWTT Study Area -- *Leah Davis* Marine Resources Management Specialist, Office of Protected Resources NOAA Fisheries | U.S. Department of Commerce Office: (301) 427- 8431 www.fisheries.noaa.gov
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