Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 2653 

offshore to a depth of 80–100 fm by the 

end of April 2008. No trips would be 

conducted July 1–October 31, 2007, 

because of warm water temperatures 

and a typical absence of fish. 

Research trips would be conducted 

aboard the F/V Jessica Marie (permit # 

146901, hull # MA9252KR), owned by 

Mr. Bowen. Each net panel for this 

study would be 300 ft (91.4 m) long and 

made of 30 gauge webbing. Seven nets 

each of 10–inch (25.4–cm), 12–inch 

(30.5–cm), and 14–inch (35.6–cm) mesh 

would be combined into a single 21–net 

‘‘string.’’ Net height for the different 

mesh panels would be coordinated to be 

within 1 inch (2.5 cm) of each other. 

Two such strings would be used, for a 

total of 42 nets. Each string would be 

fitted with 85–lb (38.5–kg) lead line, 3/ 

8–inch (0.95–cm) polypropylene float 

line with floats every 8 ft (2.4 m), and 

tied down to stand 30 inches (76 cm) 

above the bottom. The strings would 

also be fitted with temperature loggers, 

1,100–lb (498.9–kg) breakaway links, 

and ‘‘pingers’’ to help minimize effects 

on marine mammals. 

This gear configuration is expected to 

be much less efficient than the current 

regulatory limit of up to 150 300–ft 

(91.4–m) nets of 10–inch (25.4–cm) 

mesh. It is expected that most trips 

would result in catches well below the 

trip limit. Specific trips could occur 

when the trip limit would be reached or 

exceeded after hauling only one of the 

two strings. To prevent excess discards 

and to ensure that all of the 

experimental gear can be hauled during 

each trip, the applicant has requested 

the exemption outlined above. 

The applicant may request minor 

modifications and extensions to the EFP 

throughout the year. EFP modifications 

and extensions may be granted without 

further notice if they are deemed 

essential to facilitate completion of the 

proposed research and have minimal 

impacts that do not change the scope or 

impact of the initially approved EFP 

request. Any fishing activity conducted 

outside the scope of the exempted 

fishing activity would be prohibited. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 17, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–768 Filed 1–19–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 122106A] 

Taking of Marine Mammals Incidental 

to Specified Activities; On-ice 

Geotechnical Operations in the 

Beaufort Sea 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of receipt of application 

and proposed incidental take 

authorization; request for comments. 

SUMMARY: NMFS has received an 

application from ConocoPhillips Alaska, 

Inc (CPAI) for an Incidental Harassment 

Authorization (IHA) to take marine 

mammals, by harassment, incidental to 

conducting on-ice geotechnical 

operations on the Outer Continental 

Shelf (OCS) and State of Alaska leases 

in the U.S. Beaufort Sea in spring 2007. 

Pursuant to the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue an authorization to CPAI to 

incidentally take, by harassment, small 

numbers of ringed seals for a limited 

period during the proposed project 

period. 

DATES: Comments and information must 

be received no later than February 21, 

2007. 

ADDRESSES: Comments on the 

application should be addressed 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 one of 

the contacts listed here. The mailbox 

address for providing email comments 

is PR1.122106A@noaa.gov. Comments 

sent via e-mail, including all 

attachments, must not exceed a 10–

megabyte file size. A copy of the 

application containing a list of the 

references used in this document may 

be obtained by writing to this address or 

by telephoning the first contact person 

listed here and is also available at: 

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

incidental.htm 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

137 or Brad Smith, Alaska Region, 

NMFS, (907) 271–5006. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking 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 either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Permission shall be granted if NMFS 

finds that the taking will have a 

negligible impact on the species or 

stock(s), will not have an unmitigable 

adverse impact on the availability of the 

species or stock(s) for subsistence uses, 

and that the permissible methods of 

taking and requirements pertaining to 

the mitigation, monitoring, and 

reporting of such takings are set forth. 

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 

for certain categories of 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) 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 marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny issuance of the 

authorization. 

Summary of Request 

On November 29, 2006, NMFS 

received an application from CPAI for 

the taking, by harassment, of small 

number of ringed seals (Phoca hispida) 

incidental to conducting geotechnical 

portions of a site clearance survey just 


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2654 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 

north of Cross Island, in spring 2007. 

The site clearance location will be on 

the OCS and State of Alaska leases of 

the U.S. Beaufort Sea. The proposed 

operation will be active 24 hours per 

day and use a conventional geotechnical 

drilling rig. The project is anticipated to 

require about two weeks to complete 

between February and April, 2007, 

depending on weather and other 

operational factors. 

The purpose of the site clearance is to 

confirm that the seafloor has soil and 

surface characteristics that will support 

the safe set-down of a drill rig, and longterm occupation of the site by such a 

vessel. 

Description of the Activity 

The proposed geotechnical operation 

will use a small drill rig that runs either 

5–ft (1.5–m) long augers for soil samples 

or 10–ft (3–m) jointed pipe to recover 

core samples. The drill rig will use cone 

penatrometers for cone penetration 

tests. Sea water circulation and 

occasionally mud systems will be used 

on the drill rig to stabilize the hole. This 

work is part of an overall shallow 

hazards investigation of the project. 

The proposed geotechnical program 

will consist the following components: 

Soil Borings: Four soil borings will be 

drilled in the area of the exploration 

well location. One of these borings will 

be 100 - 120 ft (30.5 - 36.6 m) deep, and 

centered a proposed rig set-down 

location. Three additional borings, all 

60 ft (18.3 m) in depth, will be phased 

120o around the primary boring, and 

located on radials of 100 m (328 ft). Soil 

samples will be taken in all borings at 

3–ft (0.9–m) intervals down to 30 ft (9 

m), and at 5–ft (1.5–m) intervals 

between 30 and 60 ft (9 - 18 m). 

Cone Penetration Test (CPT): CPTs 

will be taken at up to 6 locations within 

a proposed rig footprint, and at up to 10 

additional locations outside the 

footprint. The CPTs will be advanced at 

approximately 4 ft (1.2 m) per minute. 

It is anticipated that the CPTs will not 

be advanced beyond 20 ft (6.1 m), in the 

event refusal is not encountered prior to 

the point. 

Seafloor Video: Seafloor video will be 

recorded from a camera lowered 

through holes drilled in the ice at 

selected locations. This coverage will be 

directed mainly at a proposed rig 

footprint area. 

Support and Logistics: The 

geotechnical field program will be 

supported by rolligons, which has 

minimum impact on the sea ice and 

does not require building an ice road. 

The rolligon option is further preferred, 

as on-site work can be carried out 

continuously using 2 12–hour shifts per 

day, and the work period is not daylight 

or particularly weather dependant. 

The geographic region of the proposed 

geotechnical activity encompasses 2 13 

km2 (5 mi2) areas in the south central 

Alaska Beaufort Sea on the fast ice. The 

region is about 3 miles (4.8 km) north 

of Cross Island at approximately 147°57′ 

W and 70°32′ N. There will also be a sea 

ice route directly from Deadhorse to the 

site, which will be about 24 km (15 

miles) long and 0.01 km (35 ft) wide. 

The closest Eskimo village to the site 

clearance location is Nuiqsut, which is 

over 60 miles (97 km) away. Water 

depths in the proposed project area are 

typically less than 60 ft (18.2 m). 

Field operations may begin on 

February 1, 2007, and be completed no 

later than April 30, 2007. However, 

CPAI will try to complete work prior to 

the ringed seals pupping season, which 

starts around March 15. It is estimated 

that approximately 14 working days on 

site will be required to complete the 

geotechnical operations. 

Description of the Marine Mammals 

Potentially Affected by the Activity 

Ringed seals are the only species of 

marine mammal that may be present in 

the proposed project area during the site 

clearance period. Ringed seals are not 

listed under the Endangered Species Act 

(ESA) or designated as depleted under 

the MMPA. Other marina mammal 

species under NMFS’ jurisdiction that 

seasonally inhabit the Beaufort Sea, but 

are not anticipated to occur in the 

project area during site clearance 

operations, include the bowhead whales 

(Balaena mysticetus), beluga whales 

(Delphinapterus leucas), bearded seals 

(Erignathus barbatus), and spotted seals 

(Phoca largha). While some of these 

species begin to enter Beaufort Sea off 

Point Barrow from the Chukchi Sea 

during April, the project area is over 160 

nm (296 km) east of Point Barrow, 

thereby making it highly unlikely these 

species would occur in the project area 

during the proposed operations. Polar 

bears (Ursus maritimus) also frequent in 

the Beaufort Sea, but they are not 

addressed in this application because 

they are managed by the U.S. Fish and 

Wildlife Service (FWS). CPAI is 

applying for an IHA for the incidental 

take of polar bears from the FWS. 

Ringed seals are widely distributed 

throughout the Arctic basin, Hudson 

Bay and Strait, and the Bering and 

Baltic seas. There is no reliable 

worldwide population assessment for 

ringed seals, however, it is estimated to 

be in the millions (Reeves et al., 1992). 

Ringed seals inhabiting northern 

Alaska belong to the subspecies P. h. 

hispida, and they are year-round 

residents in the Beaufort Sea. A reliable 

estimate for the entire Alaska stock of 

ringed seals is currently not available. A 

minimum estimate for the eastern 

Chukchi and Beaufort Sea is 249,000 

seals, including 18,000 for the Beaufort 

Sea (Angliss and Outlaw, 2005). The 

actual numbers of ringed seals are 

substantially higher, since the estimate 

did not include much of the geographic 

range of the stock, and the estimate for 

the Alaska Beaufort Sea has not been 

corrected for animals missed during the 

surveys used to derive the abundance 

estimate (Angliss and Outlaw, 2005). 

Estimates could be as high or approach 

the past estimates of 1 - 3.6 million 

ringed seals in the Alaska stock (Frost, 

1985; Frost et al., 1988). 

During winter and spring, ringed seals 

inhabit landfast ice and offshore pack 

ice. Seal densities are highest on stable 

landfast ice but significant numbers of 

ringed seals also occur in pack ice (Wiig 

et al., 1999). Seals congregate at holes 

and along cracks or deformations in the 

ice (Frost et al., 1999). Breathing holes 

are established in landfast ice as the ice 

forms in autumn and are maintained by 

seals throughout winter. Adult ringed 

seals maintain an average of 3.4 holes 

per seal (Hammill and Smith, 1989). 

Some holes may be abandoned as winter 

advances, probably in order for seals to 

conserve energy by maintaining fewer 

holes (Brueggeman and Grialou, 2001). 

As snow accumulates, ringed seals 

excavate lairs in snowdrifts surrounding 

their breathing holes, which they use for 

resting and for the birth and nursing of 

their single pups in late March to May 

(McLaren, 1958; Smith and Stirling, 

1975; Kelly and Quakenbush, 1990). 

Pups have been observed to enter the 

water, dive to over 10 m (33 ft), and 

return to the lair as early as 10 days after 

birth (Brendan Kelly, pers comm to 

CPA, June 2002), suggesting pups can 

survive the cold water temperatures at 

a very early age. Mating occurs in late 

April and May. From mid-May through 

July, ringed seals haul out in the open 

air at holes and along cracks to bask in 

the sun and molt. 

The seasonal distribution of ringed 

seals in the Beaufort Sea is affected by 

a number of factors but a consistent 

pattern of seal use has been documented 

since aerial survey monitoring began 

over 20 years ago. Recent studies 

indicated that ringed seals showed a 

strong seasonal and habitat component 

to structure use (Williams et al., 2006), 

and habitat, temporal, and weather 

factors all had significant effects on seal 

densities (Moulton et al., 2005). The 

studies also showed that effects of oil 

and gas development on local 

distribution of seals and seal lairs are no 


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Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 2655 

more than slight, and are small relative 

to the effects of natural environmental 

factors (Moulton et al., 2005; Williams 

et al., 2006). 

Potential Effects on Marine Mammals 

and Their Habitat 

The proposed on-ice geotechnical 

operations have the potential to disturb 

and temporarily displace some ringed 

seals within the proposed project area. 

Incidental take may result from shortterm disturbances by noise and physical 

activities associated with soil borings, 

CPT, and rolligon supported support 

and logistics activities. Pup mortality 

could occur if any of these animals were 

nursing and displacement were 

protracted. However, it is unlikely that 

a nursing female would abandon her 

pup given the normal levels of 

disturbance from the proposed 

activities, potential predators, and the 

typical movement patterns of ringed 

seal pups among different holes. Seals 

also use as many as four lairs spaced as 

far as 3,437 m (11,276 ft) apart. In 

addition, seals have multiple breathing 

holes. Pups may use more holes than 

adults, but the holes are generally closer 

together than those used by adults. This 

indicates that adult seals and pups can 

move away from site clearance activity. 

All anticipated takes would be Level 

B harassment, involving short term, 

temporary changes in behavior or 

displacement by ringed seals. The 

number of seals estimated to be taken is 

calculated based on the most recent 

density data obtained during ringed seal 

surveys conducted within the 

geographic area of the planned 

operation. Moulton et al. (2002) 

reported that ringed seal densities on 

landfast ice of Alaskan Beaufort area 

range from 0.39 - 0.63 seal/km2. 

The size of the proposed project area 

is 26 km2 plus 0.32 km2 for the travel 

corridor between the site and Deadhorse 

with water depths greater than 3 m (9.8 

ft) below the sea ice. Area where water 

depths less than 3 m (9.8 ft) below sea 

ice was excluded from the calculation 

since ringed seals typically do not occur 

in these shallow areas (Moulton et al., 

2002). The length of the travel corridor 

associated is about 16 km (10 mi) and 

the calculation for its width was 

doubled (70 ft or 200 m) to account for 

adjustment of the corridor during the 

program due to any changes in ice 

condition. Therefore, it is estimated that 

between 10 - 17 ringed seals could be 

taken by Level B harassment as a result 

of the proposed geotechnical operations. 

This estimated take number represents 

less than 0.004 - 0.007 percent of the 

ringed seal population (estimated 

minimum 249,000 seals) in the eastern 

Chukchi and Beaufort seas area. The 

actual take is likely to be lower as 

NMFS proposes to require mitigation 

and monitoring measures to be 

incorporated in the proposed action. No 

take by Level A harassment (injury) or 

death is expected or authorized. 

The proposed geotechnical operation 

is not expected to cause any permanent 

impact on habitat and the prey used by 

ringed seals. All surface activities will 

be on sea ice, which will breakup and 

drift away following spring breakup. 

Any spills on the ice would be small in 

size and cleaned up before completing 

the operations. Similarly, all materials 

from the camp and drilling activities 

will be removed from the site before 

completion of operations. Drilling will 

have a negligible impact on the seafloor, 

since the bore holes will be small and 

widely spaced, and they will naturally 

fill in over time due to sediment 

movement by currents. The operation 

should have no effect on ringed seal 

prey species since most disturbances 

will be on sea ice. Areas containing ice 

conditions suitable for lairs will be 

avoided by the rolligons to prevent any 

destruction of the habitat. 

Potential Effects on Subsistence 

The primary subsistence village in the 

region is Nuiqsut, which is over 60 

miles (97 km) away from the proposed 

project area. Most seal hunting by the 

village is off the Colville river Delta, 

between Fish Creek to the west and 

Pingok Island to the east (Fuller and 

George, 1997). Seal hunting 

predominately occurs in the open water 

during summer, when seals are more 

readily accessible from small boats 

(Fuller and George, 1997). In addition, 

almost all subsistence seal hunts occur 

during June through August. If a 

subsistence hunter is encountered in the 

project area, action will be taken to 

divert the rolligon away from the 

hunter. 

In addition, CPAI will meet with 

Nuiqsut representatives before 

commencing geotechnical operations in 

2007. The meeting(s) will serve to fulfill 

the MMPA Plan of Cooperation 

requirement. The proposed operations 

will be modified, where possible and 

practical, to reflect the concerns of the 

villages and hunters. Therefore, the 

proposed geotechnical operations 

should have no significant affect on 

subsistence hunting. 

Mitigation and Monitoring 

All activities will be conducted as far 

as practicable from any observed ringed 

seal lairs. Upon commencement of the 

on-ice geotechnical project, CPAI will 

establish a route along the proposed 

travel corridor and work areas to 

discourage ringed seals from building 

lairs within the corridor later. An 

experienced Inupiat hunter will be 

hired to serve as a marine mammal 

observer (MMO). The MMO would be 

used to visually locate potential lairs 

and breathing holes in the travel 

corridor and work areas where water 

depth exceeds 3 m (9.8 ft) under the ice. 

The MMO will ride in the lead rolligon. 

Locations will be flagged, Global 

Positioning System (GPS) coordinates 

taken and then delineated on a map. 

On subsequent trips, rolligon drivers 

will use the map, pre-programmed GPS 

coordinates and/or flags to avoid 

potential lair habitat and breathing 

holes when traveling the corridor and 

work areas. The completed map will be 

provided to NMFS. 

Reporting 

If activities are conducted during the 

IHA coverage period, then a final report 

will be submitted to NMFS within 90 

days of completing the geotechnical 

project. 

Endangered Species Act (ESA) 

NMFS has determined that no species 

listed as threatened or endangered 

under the ESA will be affected by 

issuing an incidental harassment 

authorization under section 101(a)(5)(D) 

of the MMPA to CPAI for this on-ice 

geotechnical project. 

National Environmental Policy Act 

(NEPA) 

The information provided in 

Environmental Assessment (EA) on the 

Proposed OCS Lease Sale 202: Beaufort 

Sea Planning Area prepared by the 

Mineral Management Service (MMS) in 

August 2006 led NMFS to conclude that 

overall oil and gas related seismic 

surveys within the lease sale area, 

where the proposed action is located, 

would not have a significant impact on 

the human environment. Therefore, an 

Environmental Impact Statement was 

not prepared. The proposed on-ice 

geotechnical operations discussed in 

this document are not substantially 

different from activities analyzed in the 

MMS 2006 EA, and a reference search 

has indicated that no significant new 

scientific information or analyses have 

been developed in the past year that 

would warrant new NEPA 

documentation. 

Preliminary Conclusions 

The anticipated impact of winter 

geotechnical operations on ringed seals 

is expected to be negligible for the 

following reasons: 


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2656 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 

(1) The proposed activity would only 

occur in a small area which supports a 

small proportion (<0.01 percent) of the 

ringed seal populations in the Beaufort 

Sea. 

(2) Geotechnical operators will avoid 

moderate and large pressure ridges, 

where seal and pupping lairs are likely 

to be present. 

(3) Mitigation and monitoring 

procedures such as using an 

experienced native hunter to conduct 

pre-operational survey and monitoring 

of ringed seal lairs and breathing holes 

within the proposed action area and 

travel corridor, mapping the travel 

corridor and work areas that are free of 

ringed seal lairs with GPS coordination, 

and establishing a rollingon traveling 

route prior to the seal pupping season 

to discourage the use of these areas by 

seals during the pupping season, will be 

implemented. 

As a result, NMFS believes the effects 

of on-ice geotechnical operations are 

expected to be limited to short-term and 

localized behavioral changes involving 

relatively small numbers of ringed seals. 

NMFS has preliminarily determined, 

based on information in the application 

and supporting documents, that these 

changes in behavior will have no more 

than a negligible impact on the affected 

ringed seal population within the 

proposed action area. Also, the potential 

effects of the proposed on-ice 

geotechnical operations during 2007 

will not have an unmitigable adverse 

impact on subsistence uses of this 

species. 

Proposed Authorization 

NMFS proposes to issue an IHA to 

CPAI for conducting on-ice geotechnical 

operations in the U.S. Beaufort Sea, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. NMFS 

has preliminarily determined that the 

proposed activity would result in the 

harassment of small numbers of ringed 

seals; would have no more than a 

negligible impact on the affected ringed 

seal stock; and would not have an 

unmitigable adverse impact on the 

availability of ringed seals for 

subsistence uses. 

Dated: January 16, 2007. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E7–812 Filed 1–19–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 111706C] 

Incidental Take of Marine Mammals; 

Taking of Marine Mammals Incidental 

to Missile Launch Operations from San 

Nicolas Island, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of a letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, notification is 

hereby given that a letter of 

authorization (LOA) to take three 

species of marine mammals incidental 

to missile launch operations from San 

Nicolas Island, CA (SNI) has been 

issued to the Naval Air Warfare Center 

Weapons Division (NAWC-WD), Point 

Mugu, CA. 

DATES: This authorization is effective 

from February 3, 2007, through 

February 2, 2008. 

ADDRESSES: The application, LOA, and 

Navy monitoring report are available for 

review in the Office of Protected 

Resources, NMFS, 1315 East-West 

Highway, Silver Spring, MD 20910 or by 

contacting one of the individuals 

mentioned below (See FOR FURTHER

INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Hollingshead or Candace 

Nachman, NMFS, (301) 713–2289. 

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(A) of the MMPA (16 U.S.C. 

1361 et seq.) directs 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 by NMFS 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 five 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 

pertaining to the monitoring and 

reporting of such taking. Regulations 

governing the taking incidental to target 

missile operations on San Nicolas 

Island, CA, were published on 

September 2, 2003 (68 FR 52132), and 

remain in effect until October 2, 2008. 

Pursuant to these regulations, NMFS 

has issued an LOA to the NAWC-WD. 

Issuance of the LOA is based on 

findings made in the preamble to the 

final rule that the total takings by this 

project will result in only small 

numbers (as the term is defined in 50 

CFR 216.103) of marine mammals being 

taken. In addition, given the 

implementation of the mitigation 

requirements contained in the LOA, the 

resultant incidental harassment will 

have no more than a negligible impact 

on the affected marine mammal stocks 

or habitats and will not have an 

unmitigable adverse impact on the 

availability of such species or stock for 

taking for subsistence uses. NMFS also 

finds that the applicant will meet the 

requirements contained in the 

implementing regulations and LOA, 

including monitoring and reporting 

requirements. This LOA will be 

renewed annually based on a review of 

the activity, completion of monitoring 

requirements and receipt of reports 

required by the LOA. 

According to the draft technical 

report, the NAWC-WD performed a total 

of five missile launches between 

February and September 2006. Two 

Advanced Gun System (AGS) guided 

rounds were launched on 14 February; 

one Falcon rocket was launched on 6 

April; and two AGS launches occurred 

on May 15, 2006. California sea lions 

were observed during four of five 

launches on all three launch dates. 

Northern elephant seals were observed 

during three launches on two dates. 

Harbor seals were observed during four 

launches on all three launch dates. 

Based on monitoring efforts between 

February and September 2006, the 

NAWC-WD estimates that 

approximately 295 sea lions, 13 harbor 

seals, and no elephant seals were 

affected by launch sounds. There was 

no evidence of injury or mortality 

during or immediately succeeding the 

launches for any pinniped species. 


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