Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Notices 12773 

property, loans, grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Dated: March 13, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E7–4883 Filed 3–16–07; 8:45 am] 

BILLING CODE 3520–22–S 

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. 

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 EastWest 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 prelaunch 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 


ycherry on PROD1PC64 with NOTICES
12774 Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Notices 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 021207D] 

Notice of Availability of Final Stock 

Assessment Reports 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; response 

to comments. 

SUMMARY: As required by the Marine 

Mammal Protection Act (MMPA), NMFS 

has incorporated public comments into 

revisions of marine mammal stock 

assessment reports (SARs). These 

reports for 2006 are now final and 

available to the public. 

ADDRESSES: Electronic copies of SARs 

are available on the Internet as regional 

compilations and individual reports at 

the following address: http:// 

www.nmfs.noaa.gov/pr/sars/. You also 

may send requests for copies of reports 

to: Chief, Marine Mammal and Sea 

Turtle Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910–

3226, Attn: Stock Assessments. 

Copies of the Alaska Regional SARs 

may be requested from Robyn Angliss, 

Alaska Fisheries Science Center, 7600 

Sand Point Way, BIN 15700, Seattle, 

WA 98115. 

Copies of the Atlantic Regional SARs 

may be requested from Gordon Waring, 

Northeast Fisheries Science Center, 166 

Water Street, Woods Hole, MA 02543. 

Copies of the Pacific Regional SARs 

may be requested from Jim Carretta, 

Southwest Fisheries Science Center, 

NMFS, 8604 La Jolla Shores Drive, La 

Jolla, CA 92037–1508. 

FOR FURTHER INFORMATION CONTACT: Tom 

Eagle, Office of Protected Resources, 

301–713–2322, ext. 105, e-mail 

Tom.Eagle@noaa.gov; Robyn Angliss, 

Alaska Fisheries Science Center, 206–

526–4032, email 

Robyn.Angliss@noaa.gov; Gordon 

Waring, Northeast Fisheries Science 

Center, email Gordon.Waring@noaa.gov; 

or Jim Carretta, Southwest Fisheries 

Science Center, 858–546–7171, email 

Jim.Carretta @noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 117 of the MMPA (16 U.S.C. 

1361 et seq.) requires NMFS and the 

U.S. Fish and Wildlife Service (FWS) to 

prepare stock assessments for each stock 

of marine mammals occurring in waters 

under the jurisdiction of the United 

States. These reports must contain 

information regarding the distribution 

and abundance of the stock, population 

growth rates and trends, the stock’s 

Potential Biological Removal level 

(PBR), estimates of annual humancaused mortality and serious injury 

from all sources, descriptions of the 

fisheries with which the stock interacts, 

and the status of the stock. Initial 

reports were completed in 1995. 

The MMPA requires NMFS and FWS 

to review the SARs at least annually for 

strategic stocks and stocks for which 

significant new information is available, 

and at least once every 3 years for nonstrategic stocks. NMFS and FWS are 

required to revise a SAR if the status of 

the stock has changed or can be more 

accurately determined. NMFS, in 

conjunction with the Alaska, Atlantic, 

and Pacific Scientific Review Groups 

(SRGs), reviewed the status of marine 

mammal stocks as required and revised 

reports in each of the three regions. 

As required by the MMPA, NMFS 

updated SARs for 2006, and the revised 

reports were made available for public 

review and comment (71 FR 42815, July 

28, 2006). The MMPA also specifies that 

the comment period on draft SARs must 

be 90 days. NMFS received comments 

on the draft SARs and has revised the 

reports as necessary. The final reports 

for 2006 are available. 

Comments and Responses 

At the end of the comment period on 

October 26, 2005 NMFS received letters 

from three organizations (Marine 

Mammal Commission (Commission), 

Hawaii Longline Association (HLA), and 

the Humane Society of the United 

States) and two individuals. Each letter 

contained more than one comment. 

Unless otherwise noted, comments 

suggesting editorial or minor clarifying 

changes were included in the reports. 

Such editorial comments and responses 

to them are not included in the 

summary of comments and responses 

below. Other comments recommended 

development of Take Reduction Plans or 

to initiate or repeat large data collection 

efforts, such as abundance surveys or 

observer programs. Comments on the 

need to develop additional Take 

Reduction Plans are not related to the 

SARs; therefore, these comments are not 

included below. Comments 

recommending additional data 

collection (e.g., additional abundance 

surveys or observer programs) have been 

addressed in recent years. NMFS’

resources for surveys or observer 

programs are fully utilized, and no new 

large surveys or observer programs may 

be initiated until additional resources 

are available or ongoing monitoring or 

conservation efforts can be terminated. 

Such comments on the 2006 SARs and 

responses to them may not be included 

in the summary below because the 

responses have not changed. 

Uncertainties in each of the reports (e.g., 

age of estimates, large coefficients of 

variation (CVs), or lack of available data) 

in each of the affected SARs are clearly 

indicated. 

In some cases, NMFS’ responses state 

that comments would be considered for, 

or incorporated into, future revisions of 

the SAR rather than being incorporated 

into the final 2006 SARs. The delay is 

due to review of the reports by the 

regional SRGs. NMFS provides 

preliminary copies of updated SARs to 

SRGs prior to release for public review 

and comment. If a comment on the draft 

SAR results in a substantive change to 

the SAR, NMFS may discuss the 

comment and prospective change with 

the SRG at its next meeting prior to 

incorporating the change. Some new 

events that may affect marine mammal 

status or take (e.g., the establishment of 

the Northwest Hawaiian Islands 

National Monument in 2006) are not 

included in the 2006 SARs because 

these reports were initially drafted in 

the fall of 2005 to begin the internal and 

SRG review prior to their availability for 

public review and comment. Such new 

events would be incorporated in the 


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