[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Notices]
[Pages 12773-12774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4885]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022807G]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Rocket Launches from Kodiak, AK

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice; issuance of a Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and 
implementing regulations, notification is hereby given that a 1-year 
letter of authorization (LOA) has been issued to the Alaska Aerospace 
Development Corporation (AADC), to take Steller sea lions (Eumetopias 
jubatus) and Pacific harbor seals (Phoca vitulina richardii) incidental 
to rocket launches from the Kodiac Launch Complex (KLC).

DATES: Effective March 12, 2007, through March 11, 2008.

ADDRESSES: The LOA and supporting documentation are available by 
writing to Michael Payne, Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, by 
telephoning one of the contacts listed here (see FOR FURTHER 
INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, 
by appointment, during regular business hours, at the aforementioned 
address.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected 
Resources, NMFS, (301) 713-2289, or Brad Smith, NMFS, (907) 271-3023.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the National Marine Fisheries Service (NMFS) to allow, on request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and regulations are issued. Under the MMPA, the term 
``taking'' means to harass, hunt, capture, or kill or to attempt to 
harass, hunt, capture or kill marine mammals.
    Authorization may be granted for periods up to 5 years if NMFS 
finds, after notification and opportunity for public comment, that the 
taking will have a negligible impact on the species or stock(s) of 
marine mammals and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses. In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means effecting the least practicable 
adverse impact on the species and its habitat and on the availability 
of the species for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. The 
regulations must include requirements for monitoring and reporting of 
such taking.
    Regulations governing the taking of Steller sea lions (SSLs) and 
harbor seals incidental to rocket launches at KLC, became effective on 
February 27, 2006 (71 FR 4297), and remain in effect until February 28, 
2011. For detailed information on this action, please refer to that 
document. These regulations include mitigation, monitoring, and 
reporting requirements for the incidental taking of marine mammals 
during rocket launches at KLC.

Summary of Request

    NMFS received a request for an LOA pursuant to the aforementioned 
regulations that would authorize, for a period not to exceed 1 year, 
take of marine mammals incidental to rocket launches at KLC.

Summary of Activity and Monitoring Under the Current LOA

    In compliance with the 2006 LOA, AADC submitted an annual report on 
the rocket launches at KLC. A summary of that report (R&M Consultants, 
2006) follows.
    One launch was conducted at KLC between February 27, 2006, and 
February 28, 2007. This was a monitored launch of an Interceptor FTG-02 
on September 1, 2006, at 9:22 am. Aerial surveys to document abundance 
of SSLs and harbor seals were flown 3 days prior to, immediately after, 
and 2 days post launch. Video monitoring equipment and a sound level 
meter were deployed on the northeast end of Ugak Island, 4.5 miles (7.2 
km) from the launch site, overlooking East Ugak Rock, and another sound 
level meter was deployed at Narrow Cape, 0.9 miles from the launch 
site. No SSLs were observed at the traditional haul-out site on the 
northern tip of Ugak Island during pre-launch surveys; therefore, no 
monitoring at that site was conducted. As an alternative, the northeast 
end of Ugak Island was chosen as a monitoring location as two to five 
SSLs we observed there during pre-launch aerial survey flights.
    Sound level monitoring equipment at the SSL haulout site registered 
noise above general ambient levels for one minute eight seconds. Noise 
levels peaked at 105.6 dBC. During pre-launch aerial surveys, 2 to 4 
sea lions were observed hauled out at this site and one was seen 
swimming in the area on 2 of the 3 days. Video monitoring showed two 
SSLs resting on East Ugak Rock during the launch. No change in SSL 
activity was observed during the ignition, during the peak noise levels 
that followed the launch, or for the remaining duration of the video 
monitoring (4 hrs 7 min). Post launch surveys documented 1-2 SSLs using 
this haul-out site.
    Video monitoring for harbor seal reaction during the launch was not 
required in conjunction with SSL response monitoring. Abundance 
monitoring via aerial surveys conducted pre and post launch around Ugak 
Island revealed that harbor seals concentrated at two haul-out sites. 
Average haul-out attendance increased on days following the launch at 
these two locations, Northeast and Southeast Ugak Island. Pre launch 
surveys showed 876 and 1154, respectively, seals hauled-out while post 
launch surveys revealed 1207 and 1497 seals at these locations. 
Therefore, NMFS believes that harbor seal attendance at these haul-out 
sites was not affected negatively by this launch.
    In summary, no impacts to any marine mammals were detected during 
the launches. There was no evidence of injury or mortality as a result 
of the launches and numbers of hauled out animals were similar to or 
higher than

[[Page 12774]]

pre-launch levels within 1 day of the launch.

Authorization

    Accordingly, NMFS has issued an LOA to AADC authorizing takes of 
marine mammals incidental to rocket launches at the KLC. Issuance of 
this LOA is based on findings, described in the preamble to the final 
rule (71 FR 4297, January 26, 2006) and supported by information 
contained in AADC's required 2006 annual report, that the activities 
described under this LOA will result in the take of small numbers of 
marine mammals, have a negligible impact on marine mammal stocks, and 
will not have an unmitigable adverse impact on the availability of the 
affected marine mammal stocks for subsistence uses.


    Dated: March 12, 2007.
James H. Lecky,
Director, Protected Resources, National Marine Fisheries Service.
[FR Doc. E7-4885 Filed 3-16-07; 8:45 am]
BILLING CODE 3510-22-S