46742 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 

instrument is an electron microscope 

and is intended for research or scientific 

educational uses requiring an electron 

microscope. We know of no electron 

microscope, or any other instrument 

suited to these purposes, which was 

being manufactured in the United States 

at the time of order of each instrument. 

Dated: September 4, 2009. 

Christopher Cassel, 

Acting Director, Subsidies Enforcement 

Office, Import Administration. 

[FR Doc. E9–21964 Filed 9–10–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR49 

Incidental Takes of Marine Mammals 

During Specified Activities; Harbor 

Activities Related to the Delta IV/ 

Evolved Expendable Launch Vehicle at 

Vandenberg Air Force Base, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: In accordance with the 

provisions of the Marine Mammal 

Protection Act (MMPA) as amended, 

notification is hereby given that NMFS 

has issued an Incidental Harassment 

Authorization (IHA) to United Launch 

Alliance (ULA) to take small numbers of 

marine mammals, by Level B 

harassment only, incidental to harbor 

activities related to the Delta IV/Evolved 

Expendable Launch Vehicle (EELV) at 

south Vandenberg Air Force Base, CA 

(VAFB). 

DATES: This authorization is effective 

from September 4, 2009, through 

September 3, 2010. 

ADDRESSES: A copy of the IHA and the 

application are available by writing to P. 

Michael Payne, Chief, Permits, 

Conservation, and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225, or by telephoning the 

contact listed here. A copy of the 

application may be obtained by writing 

to this address, by telephoning the 

contact listed here (FOR FURTHER

INFORMATION CONTACT) or online at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody or Candace Nachman, 

(301) 713–2289 or Monica DeAngelis, 

NMFS Southwest Region, (562) 980– 

3232. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(D) of the MMPA (16 

U.S.C. 1371 (a)(5)(D)) directs the 

Secretary of Commerce (Secretary) to 

allow, upon request, the incidental, but 

not intentional, taking of marine 

mammals, for periods of not more than 

one year, by United States citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental taking of 

small numbers of marine mammals shall 

be granted if NMFS finds that the taking 

will have a negligible impact on the 

species or stock(s), and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses. The authorization 

must set forth the permissible methods 

of taking, other means of effecting the 

least practicable adverse impact on the 

species or stock and its habitat and 

monitoring and reporting of such 

takings. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as ’’...an 

impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. Except 

with respect to certain activities not 

pertinent here, the MMPA defines 

‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[‘‘Level A harassment’’]; or (ii) has the 

potential to disturb a marine mammal or 

marine mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[‘‘Level B harassment’’]. 

Section 101(a)(5)(D) of the MMPA 

establishes a 45–day time limit for 

NMFS’ review of an application 

followed by a 30–day public notice and 

comment period on any proposed 

authorizations for the incidental 

harassment of small numbers of marine 

mammals. Not later than 45 days after 

the close of the public comment period, 

if the Secretary makes the findings set 

forth in Section 101(a)(5)(D)(i) of the 

MMPA, the Secretary shall issue or 

deny issuance of the authorization with 

appropriate conditions to meet the 

requirements of clause 101(a)(5)(D)(ii) of 

the MMPA. 

Summary of Request 

On June 5, 2009, NMFS received an 

application from ULA requesting an 

authorization for the harassment of 

small numbers of Pacific harbor seals 

(Phoca vitulina richardsi) and California 

sea lions (Zalophus californianus) and 

northern elephant seals (Mirounga 

angustirostris) incidental to harbor 

activities related to the Delta IV/EELV, 

including: transport vessel operations, 

cargo movement activities, harbor 

maintenance dredging, and kelp habitat 

mitigation operations. These activities 

will support Delta IV/EELV launch 

activities from the Space Launch 

Complex at VAFB. NMFS outlined the 

purpose of the program in a previous 

notice for the proposed IHA (74 FR 

32565, July 8, 2009). The activities to be 

conducted have not changed between 

the proposed IHA notice and this final 

notice announcing the issuance of the 

IHA. 

Description of the Specified Activity 

NMFS has issued Incidental 

Harassment Authorizations (IHAs) to 

The Boeing Company, now ULA, on 

May 15, 2002 (67 FR 36151, May 23, 

2002), May 20, 2003 (68 FR 36540, June 

18, 2003), May 20, 2004 (69 FR 29696, 

May 25, 2004), May 23, 2005 (70 FR 

30697, May 27, 2005), June 20, 2006 (71 

FR 36321, June 26, 2006), June 21, 2007 

(72 FR 34444, June 22, 2007), and 

August 19, 2008 (73 FR 49649, August 

22, 2008) each for a one-year period. 

ULA did not conduct any dredging 

activities between 2003 and 2008, and 

accordingly, was not required to 

conduct any monitoring activities. 

Specified Activities 

Delta Mariner off-loading operations 

and associated cargo movements will 

occur a maximum of three times per 

year. The activities will take place 

within the harbor located within the 

VAFB, approximately 2.5 miles (mi) 

(4.02 kilometers (km) south of Point 

Arguello, CA and approximately 1 mi 

(1.61 km) south of the nearest marine 

mammal pupping site (i.e., Rocky 

Point). 


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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 46743 

Delta Mariner Operations 

The Delta Mariner is a 312–feet (ft) 

(95.1–meter (m)) long, 84–ft (25.6–m) 

wide steel hull ocean-going vessel 

capable of operating at an 8–ft (2.4–m) 

draft. The vessel will enter the harbor 

stern first, during daylight hours at high 

tide, approaching the wharf at less than 

0.75 knot. At least one tugboat will 

always accompany the Delta Mariner 

during visits to the VAFB harbor. 

Departure will occur under the same 

conditions. 

Sources of noise from the Delta 

Mariner include ventilating propellers 

used for maneuvering the vessel into 

position and a brief sound from the 

cargo bay door when it becomes 

disengaged. 

Harbor Maintenance Dredging 

To accommodate the Delta Mariner, 

the harbor will need to be dredged, 

removing up to 5,000 cubic yards of 

sediment per dredging. Dredging will 

involve the use of heavy equipment, 

including a clamshell dredge, dredging 

crane, a small tug, dredging barge, dump 

trucks, and a skip loader. ULA estimates 

that the noise levels emanating from 

within 50 ft of the dredging and 

construction equipment would range 

from 56 to 93 decibels (dB) (A-weighted) 

(re 20 FPascals at 1–m). Thus, there is 

the potential that an animal hauled out 

on the beach or breakwater could hear 

the dredging activities. Dredge 

operations, from set-up to tear-down, 

would continue 24–hours a day for 

three to five weeks. Sedimentation 

surveys have shown that initial 

dredging indicates that maintenance 

dredging should be required annually or 

twice per year, depending on the 

hardware delivery schedule. 

A more detailed description of the 

work proposed for 2009–2010 is 

contained in the application, which is 

available upon request (see ADDRESSES), 

and in the Final U.S. Air Force 

Environmental Assessment for Harbor 

Activities Associated with the Delta IV 

Program at Vandenberg Air Force Base 

(ENSR International, 2001). 

Cargo Movement Activities 

The Delta IV/EELV launch vehicle is 

comprised of a common booster core 

(CBC) and other mechanical elements. 

Removal of the CBC from the vessel 

requires the use of an elevating platform 

transporter (EPT). ULA measured the 

EPT’s sound levels within 20 ft of the 

exhaust pipe with the engine running at 

mid-speed and observed sound levels of 

85 dB (re 20 FPascals at 1–m) 

(Acentech, 1998). The removal 

procedure requires two short 

(approximately 1/3 second) beeps of the 

horn prior to starting the ignition. The 

sound level of the EPT horn ranged from 

62 to 70 dB A-weighted at 200 ft (60.9 

m) away, and 84 to 112 dB A-weighted 

at 25 ft (7.6 m) away. 

For cargo other than the CBC, ULA 

will use a standard diesel truck tractor 

to offload containers containing flight 

hardware items from the Delta Mariner. 

The tractor would generate a sound 

level of approximately 87 dB Aweighted at 50 ft (15.2 m) while in 

operational mode. Total docking and 

cargo movement activities is estimated 

to last approximately no more than 18 

hours in good weather. 

A more detailed description of the 

work proposed for 2008 is contained in 

the application which is available upon 

request (see ADDRESSES) and in the Final 

U.S. Air Force Environmental 

Assessment for Harbor Activities 

Associated with the Delta IV Program at 

Vandenberg Air Force Base (ENSR 

International, 2001). 

Comments and Responses 

NMFS published a notice of receipt of 

the ULA application and proposed IHA 

in the Federal Register on July 8, 2009 

(74 FR 32565). During the 30–day public 

comment period, NMFS received one 

comment from the public and comments 

from the Marine Mammal Commission 

(Commission). Following are the 

comments from the Commission and the 

public commenter and NMFS’ 

responses. 

Comment 1: The Commission 

recommends that NMFS approve the 

request provided that all reasonable 

measures will be taken to ensure the 

least practicable impact on the subject 

species and the required mitigation and 

monitoring activities are carried out as 

described in the July 8, 2009 Federal 

Register notice and the IHA application. 

Response: NMFS agrees with the 

Commission’s recommendation, and all 

monitoring and mitigation measures 

described in the previous Federal 

Register notices (67 FR 36151, May 23, 

2002), (68 FR 36540, June 18, 2003), (69 

FR 29696, May 25, 2004), (70 FR 30697, 

May 27, 2005), (71 FR 36321, June 26, 

2006), (72 FR 34444, June 22, 2007), and 

(73 FR 49649, August 22, 2008) are 

required in the current IHA. 

Comment 2: One commenter opposed 

the project on the grounds that it would 

cause injury or mortality. 

Response: As described in detail in 

the Federal Register notice of receipt of 

the application (74 FR 32565, July 8, 

2009), no marine mammal will be killed 

or injured as a result of the operations 

by ULA. The project would only result 

Level B behavioral harassment of a 

small number of. No take by Level A 

harassment (injury) or death is 

anticipated nor authorized from this 

project. 

Marine Mammals Affected by the 

Activity 

The marine mammal species likely to 

be harassed incidental to harbor 

activities at south VAFB are the Pacific 

harbor seal, California sea lion, and 

northern elephant seal, which haul out 

in the area where these activities are 

conducted. None of the haul-out areas 

near these activities are used for 

breeding, molting, or mating. A more 

detailed discussion of the status of these 

stocks and their occurrence at VAFB, as 

well as other marine mammal species 

that occur at VAFB, was included in the 

notice of the proposed IHA (74 FR 

32565, July 8, 2009). 

Potential Effects of Activities on Marine 

Mammals 

Acoustic and visual stimuli generated 

by the use of heavy equipment during 

the Delta Mariner off-loading 

operations, dredging, and kelp habitat 

mitigation and the increased presence of 

personnel, may cause short-term 

disturbance to harbor seals and 

California sea lions hauled out on the 

beach and rocks near south VAFB 

harbor. This disturbance from acoustic 

and visual stimuli is the principal 

means of marine mammal taking 

associated with these activities. NMFS 

anticipates that no injury will result 

from these actions. A discussion of the 

sound levels produced by the 

equipment, behavioral reactions of 

marine mammals to loud noises or 

looming visual stimuli, and some 

specific observations of the response of 

marine mammals to this activity 

gathered during previous monitoring 

were presented in the notice of 

proposed IHA (74 FR 32565, July 8, 

2009) and is not repeated here. For a 

further discussion of anticipated effects 

of the planned activities on pinnipeds 

in the area, refer to the application, 

NMFS’ 2005 Environmental Assessment 

(EA) and ENSR International’s 2001 

Final EA. 

Numbers of Marine Mammals Expected 

to be Harassed 

ULA estimates that a maximum of 43 

harbor seals per day may be hauled out 

near the south VAFB harbor, with a 

daily average of 21 seals sighted when 

tidal conditions were favorable during 

previous harbor dredging operations. 

Considering the maximum and average 

number of seals hauled out per day, 

assuming that the seals may be seen 

twice a day, and using a maximum total 


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46744 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 

of 73 operating days in 2009–2010, 

NMFS estimates that a maximum of 767 

to 1,570 Pacific harbor seals may be 

subject to Level B harassment out of a 

total estimated population of 31,600. 

These numbers are small relative to this 

population size (2.4 - 5 percent). 

During wharf modification activities, 

a maximum of six California sea lions 

were seen hauling out in a single day. 

Based on the above-mentioned 

calculation, NMFS believes that a 

maximum of 219 California sea lions 

may be subject to Level B harassment 

out of a total estimated population of 

238,000. These numbers are small 

relative to this population size (less than 

0.1 percent). 

Up to 10 northern elephant seals 

(because they may be present in nearby 

waters) may be subject to Level B 

harassment out of a total estimated 

population of 124,000 in 2005. These 

numbers are small relative to this 

population size (less than 0.01 percent). 

Possible Effects of Activities on Marine 

Mammal Habitat 

ULA does not anticipate any loss or 

modification to the habitat used by 

Pacific harbor seals or California sea 

lions that haul out near the south VAFB 

harbor. The harbor seal and sea lion 

haul-out sites near south VAFB harbor 

are not used as breeding, molting, or 

mating sites; therefore, it is not expected 

that the activities in the harbor will 

have any impact on the ability of Pacific 

harbor seals or California sea lions in 

the area to reproduce. 

ULA anticipates unavoidable kelp 

removal during dredging. This habitat 

modification will not affect the marine 

mammal habitat. However, ULA will 

mitigate for the removal of kelp habitat 

by placing 150 tons of rocky substrate in 

a sandy area between the breakwater 

and the mooring dolphins to enhance an 

existing artificial reef. This type of 

mitigation was implemented by the U.S. 

Army Corps of Engineers following the 

1984 and 1989 dredging. 

The anticipated negative effects of 

dredging and kelp mitigation (shortterm increase in noise and 

sedimentation) will be short-term and 

are not expected to result in a loss or 

modification to the habitat used by 

Pacific harbor seals, California sea lions, 

or northern elephant seals that haul out 

near the south VAFB harbor. Additional 

details were provided in the notice of 

proposed IHA (74 FR 32565, July 8, 

2009). 

Mitigation 

To reduce the potential for 

disturbance from visual and acoustic 

stimuli associated with the activities, 

ULA and/or its designees will undertake 

the following marine mammal 

mitigating measures: 

(1) If activities occur during nighttime 

hours, lighting will be turned on before 

dusk and left on the entire night to 

avoid startling pinnipeds at night. 

(2) Activities will be initiated before 

dusk. 

(3) Construction noises will be kept 

constant (i.e., not interrupted by periods 

of quiet in excess of 30 minutes) while 

pinnipeds are present. 

(4) If activities cease for longer than 

30 minutes and pinnipeds are in the 

area, start-up of activities will include a 

gradual increase in noise levels. 

(5) A NMFS-qualified marine 

mammal observer will visually monitor 

the pinnipeds on the beach adjacent to 

the harbor and on rocks for any flushing 

or other behaviors as a result of ULA’s 

activities (see Monitoring). 

(6) To the extent possible, the Delta 

Mariner and accompanying vessels will 

enter the harbor only when the tide is 

too high for harbor seals to haul-out on 

the rocks. The vessel will reduce speed 

1.5 to 2 knots (2.8–3.7 km/hr) once the 

vessel is within 3 mi (4.83 km) of the 

harbor. The vessel will enter the harbor 

stern first, approaching the wharf and 

mooring dolphins at less than 0.75 knot 

(1.4 km/hr). 

(7) As alternate dredge methods are 

explored, the dredge contractor may 

introduce quieter techniques and 

equipment. 

Monitoring 

As part of its 2002 application, 

Boeing, now ULA, provided a proposed 

monitoring plan for assessing impacts to 

harbor seals from the activities at south 

VAFB harbor and for determining when 

mitigation measures should be 

employed. NMFS is requiring the same 

plan for this IHA. 

A NMFS-qualified and VAFBdesignated biologically trained observer 

will monitor the area for pinnipeds 

during all harbor activities. During 

nighttime activities, the harbor area will 

be illuminated, and the monitor will use 

a night vision scope. Monitoring 

activities will consist of: 

(1) Conducting baseline observation of 

pinnipeds in the project area prior to 

initiating project activities. 

(2) Conducting and recording 

observations on pinnipeds in the 

vicinity of the harbor for the duration of 

the activity occurring when tides are 

low enough for pinnipeds to haul out (2 

ft, 0.61 m, or less). 

(3) Conducting post-construction 

observations of pinniped haul-outs in 

the project area to determine whether 

animals disturbed by the project 

activities return to the haul-out. 

Monitoring results from previous 

years of these activities have been 

reviewed and incorporated into the 

analysis of potential effects in this 

document, as well as the take estimates. 

Reporting 

ULA will notify NMFS two weeks 

prior to initiation of each activity. ULA 

will submit a draft report on all 

activities, 120 days prior to the 

expiration of this Authorization if a new 

Authorization will be requested for 

2010–2011, and a final report within 

120 days after the expiration of this 

Authorization, regardless of whether or 

not a new Authorization will be 

requested. The report will provide 

dates, times, durations and locations of 

specific activities, details of pinniped 

behavioral observations, and estimates 

of numbers of affected pinnipeds and 

impacts (behavioral or other). In 

addition, the report will include 

information on the weather, tidal state, 

horizontal visibility, and composition 

(species, gender, and age class) and 

locations of haul-out group(s). In the 

unanticipated event that any cases of 

pinniped injury or mortality are judged 

to result from these activities, ULA or its 

designee shall cease operations 

immediately and report the incident to 

NMFS immediately. 

Endangered Species Act (ESA) 

This action will not affect species 

listed under the ESA that are under the 

jurisdiction of NMFS. VAFB formally 

consulted with U.S. Fish and Wildlife 

Service in 1998 on the possible take of 

southern sea otters during Boeing’s, now 

ULA, harbor activities at south VAFB. A 

Biological Opinion was issued in 

August 2001, which concluded that the 

EELV Program is not likely to jeopardize 

the continued existence of the southern 

sea otter and no injury or mortality is 

expected. The activities covered by this 

IHA are analyzed in that Biological 

Opinion, and this IHA does not modify 

the action in a manner that was not 

previously analyzed. 

National Environmental Policy Act 

In 2001, the United States Air Force 

(USAF) prepared an EA for harbor 

activities associated with the Delta IV 

Program at VAFB. In 2005, NMFS 

prepared an EA supplementing the 

information contained in the USAF EA 

and issued a Finding of No Significant 

Impact (FONSI) on the issuance of an 

IHA for Boeing’s, now ULA, harbor 

activities in accordance with section 

6.01 of the National Oceanic and 

Atmospheric Administration 


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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 46745 

Administrative Order 216–6 

(Environmental Review Procedures for 

Implementing the National 

Environmental Policy Act, May 20, 

1999). ULA’s activities and impacts for 

2008–2009 are expected to be within the 

scope of NMFS’ 2005 EA and FONSI. 

Determinations 

NMFS has determined that the impact 

of harbor activities related to the Delta 

IV/EELV at VAFB (transport vessel 

operations, cargo movement activities, 

harbor maintenance dredging, and kelp 

habitat mitigation) will result in the 

Level B Harassment of small numbers of 

Pacific harbor seals, California sea lions, 

and northern elephant seals. The effects 

of ULA’s harbor activities are expected 

to be in the form of short-term and 

localized behavioral changes, and no 

take by injury or death is anticipated or 

authorized. NMFS has further 

determined that these takes will have a 

negligible impact on the affected marine 

mammal species and stocks. 

While the number of incidental 

harassment takes will depend on the 

distribution and abundance of marine 

mammals in the vicinity of the activity, 

the number of potential harassment 

takings is estimated to be small (less 

than five percent of any of the estimated 

population sizes) and has been 

mitigated to the lowest level practicable 

through incorporation of the measures 

mentioned previously in this document. 

The provision requiring that the 

activity not have an unmitigable adverse 

impact on the availability of the affected 

species or stock for subsistence uses is 

not implicated by this action. 

Northern fur seals, Guadalupe fur 

seals, and Steller sea lions are unlikely 

to be found in the area and, therefore, 

will not be affected. No rookeries, 

mating grounds, areas of concentrated 

feeding, or other areas of special 

significance for marine mammals occur 

within or near south VAFB harbor. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to ULA to take 

marine mammals, by Level B 

harassment, incidental to conducting 

harbor activities at VAFB for a one-year 

period, provided that the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: September 4, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–21961 Filed 9–10–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR52 

Marine Mammals; File No. 14534 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Ned Cyr, Director, NOAA Office of 

Science and Technology, Silver Spring, 

MD, has applied in due form for a 

permit to conduct research on marine 

mammals in the Pacific Ocean. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

October 13, 2009. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the Features box on the 

Applications and Permits for Protected 

Species (APPS) home page, https:// 

apps.nmfs.noaa.gov, and then selecting 

File No. 14534 from the list of available 

applications. 

These documents are also available 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

Written comments on this application 

should be submitted to the Chief, 

Permits, Conservation and Education 

Division, at the address listed above. 

Comments may also be submitted by 

facsimile to (301)713–0376, or by email 

to NMFS.Pr1Comments@noaa.gov. 

Please include the File No. in the 

subject line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits, Conservation and 

Education Division at the address listed 

above. The request should set forth the 

specific reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Tammy Adams or Carrie Hubard, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216), the Endangered Species Act of 

1973, as amended (ESA; 16 U.S.C. 1531 

et seq.), and the regulations governing 

the taking, importing, and exporting of 

endangered and threatened species (50 

CFR 222–226). 

The applicant requests a five-year 

permit to conduct a research program 

involving studies of sound production, 

diving and other behavior, and 

responses to sound of marine mammals, 

including endangered species. The 

results would be integrated with related 

studies and directly contribute to 

conservation management for sound 

producers and regulatory agencies by 

identifying characteristics of target 

species that are critical for passive 

monitoring, detection, and/or density 

estimation and by demonstrating how 

specific sounds, including simulated 

military sonar, may evoke behavioral 

responses in marine mammals. The 

experimental design involves 

temporarily attaching individual 

recording tags to measure vocalization, 

behavior, and physiological parameters 

as well as sound exposure. Behavior 

will be measured before, during, and 

after carefully controlled exposures of 

sound in conventional playback 

experiments. Tagged subjects will be 

exposed to received sound levels up to 

180 dB re: 1μPa. This study will involve 

various activities that could take 

animals by harassment, including close 

approaches, attachment of tags, and 

sound exposure. Small fragments of 

sloughed skin, which often remain 

attached to retrieved tags, would be 

used for genetic analyses. Target species 

include beaked whales and other 

odontocetes, key baleen whales, and 

pinniped species for whom such data 

have not been previously obtained; 

other marine species may be 

incidentally impacted. Please refer to 

the tables in the application for the 

numbers of marine mammals, by species 

and stock, that are proposed for this 

permit. The research will be focused in 

the waters within the U.S. Navy’s 

Southern California Range Complex, 

and primarily near the vicinity of San 

Clemente Island. 

The applicant also submitted a draft 

environmental assessment (EA) 

prepared under the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), to examine whether 

significant environmental impacts could 

result from issuance of the proposed 

scientific research permit and conduct 

of the research. The draft EA is available 

for review and comment simultaneous 

with the scientific research permit 

application. 


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