Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Notices 30727

SUPPLEMENTARY INFORMATION:

Background

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

U.S.C. 1361 et seq.) directs 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 regulations are issued. Permission may 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, and that the

permissible methods of taking and

requirements pertaining to the

monitoring and reporting of such taking

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.’’

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

established an expedited process by

which U.S. citizens can apply for an

authorization to incidentally take small

numbers of marine mammals by

harassment for a period of up to 1 year.

The MMPA defines ‘‘harassment’’ as:

...any act of pursuit, torment, or annoyance

which (a) has the potential to injure a marine

mammal or marine mammal stock in the

wild; or (b) 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.

Subsection 101(a)(5)(D) establishes a

45-day time limit for NMFS review of an

application followed by a 30-day public

notice and a comment period on any

proposed authorizations for the

incidental harassment of small numbers

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 March 10, 1998, NMFS received

an application from the U.S. Air Force,

Vandenberg, requesting continuation of

an authorization for the harassment of

small numbers of harbor seals and

possibly California sea lions, northern

elephant seals, and other pinnipeds

incidental to launches of Athena rockets

from Vandenberg. The present

authorization expires on July 18, 1998.

The U.S. Air Force application

incorporates by reference the

information contained in applications

provided each year since 1995. Detailed

descriptions of the activity and the

expected impact from rocket launches

on marine mammals have been

provided in previous authorization

notices for Lockheed (60 FR 24840, May

10, 1995; 60 FR 38308, July 26, 1995; 61

FR 19609, May 2, 1996; 61 FR 38437,

July 24, 1996; 62 FR 26779, May 15,

1997; and 62 FR 40335, July 28, 1997).

These applications and notices are

available upon request (see ADDRESSES).

It should be noted that NMFS has

received a petition for regulations and

an application for a small take

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

of the MMPA. If implemented, this

rulemaking will replace this 1-year

authorization, (see 62 FR 40335, July 28,

1997) with a 5-year regulatory program,

governing incidental takes of marine

mammals by launches of all rocket and

missile types, and jet aircraft and

helicopter operations from Vandenberg.

Comments and Responses

A notice of receipt of the U.S. Air

Force application and proposed

authorization was published on April 8,

1998 (63 FR 17154), and a 30-day public

comment period was provided on the

application and proposed authorization.

No comments were received during the

comment period.

Description of Marine Mammals and

Potential Effects of Launches on Marine

Mammals

The marine mammal species

anticipated to be incidentally harassed

by launches from Vandenberg is

principally the harbor seal (Phoca

vitulina). California sea lions (Zalophus

californianus), northern elephant seals

(Mirounga angustirostris), northern fur

seals (Callorhinus ursinus), and possibly

Guadalupe fur seals (Arctocephalus

townsendi) in the vicinity of

Vandenberg and on the Northern

Channel Islands (NCI) may also be

harassed, but in significantly smaller

numbers. A detailed description of the

Southern California Bight population of

seals and sea lions and the potential

impacts from rocket launches on these

species and stocks, have been provided

in the previously referenced Federal

Register notices and are not repeated

here. For the appropriate discussion,

interested reviewers are encouraged to

refer to those documents, which are

available upon request from NMFS (see

ADDRESSES).

As a result of the noise associated

with launches and the sonic boom

resulting from some launch vehicles at

certain trajectories, there is a potential

to cause a startle response to those seals

and sea lions that haul out on the

coastline of Vandenberg and on the NCI.

The effect on the above listed seals and

sea lions would be anticipated to result

in a negligible short-term impact to

small numbers of seals and sea lions

that are hauled out at the time of a

launch. No impacts are anticipated to

animals that are in the water at the time

of launch.

Conclusions

Based upon information provided by

the applicant and by previous reviews

of the incidental take of seals and sea

lions by this activity, NMFS believes

that the short-term impact of the rocket

launches at Vandenberg is expected to

result in, at worst, a temporary

reduction in utilization of the haulout as

seals and/or sea lions leave the beach

for the safety of the water. Launchings

are not expected to result in any

reduction in the number of seals or sea

lions, and they are expected to continue

to occupy the same areas. Additionally,

there will not be any impact on the

habitat itself. Based upon studies

conducted for previous space vehicle

launches at Vandenberg, significant

long-term impacts on seals and sea lions

at Vandenberg are unlikely.

For these reasons, NMFS has

determined that the requirements of

section 101(a)(5)(D) of the MMPA have

been met and the authorization can be

issued.

Authorization

For the above reasons, NMFS has

issued an IHA for a period of time not

to exceed 1 year for launches of Athena

rockets at SLC–6, Vandenberg, provided

the monitoring and reporting

requirements currently in effect are

continued.

Dated: June 1, 1998.

Patricia A. Montanio,

Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 98–14868 Filed 6–4–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 052798C]

Gulf of Mexico Fishery Management

Council; Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.
30728 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Notices

SUMMARY: The Gulf of Mexico Fishery

Management Council will convene

public meetings of its Florida/Alabama,

Mississippi/Louisiana, and Texas

Habitat Protection Advisory Panels

(AP).

DATES: A meeting of the Florida/

Alabama Habitat Protection AP will be

held on Wednesday, June 17, 1998. A

meeting of the Mississippi/Louisiana

Habitat Protection AP will be held on

Monday, June 22, 1998. A meeting of

the Texas Habitat Protection AP will be

held on Tuesday, June 30, 1998. The

meetings in Florida and Texas will

begin 10:00 a.m. and conclude by 5:00

p.m.; the meeting in Louisiana will

begin at 9:00 a.m. and conclude by 4:00

p.m.

ADDRESSES: The meeting of the Florida/

Alabama Habitat Protection AP will

meet at the Ramada Airport Inn &

Conference Center, 5303 West Kennedy

Boulevard, Tampa, FL; telephone: 813–

289–1950. The Mississippi/Louisiana

Habitat Protection AP will meet at the

New Orleans Airport Radisson, 2150

Veterans Boulevard, Kenner, LA;

telephone: 504–467–3111. The Texas

Habitat Protection AP will meet at the

Hobby Airport Hilton, 8181 Airport

Boulevard, Houston, TX; telephone:

713–645–3000.

Council address: Gulf of Mexico

Fishery Management Council, 3018 U.S.

Highway 301 North, Suite 1000, Tampa,

FL 33619.

FOR FURTHER INFORMATION CONTACT:

Richard Leard, Senior Fishery Biologist;

telephone: 813–228–2815.

SUPPLEMENTARY INFORMATION: The APs

will be convened to review the draft

generic amendment on essential fish

habitat (EFH). The draft document is

mandated by the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson Act) and addresses EFH

in all seven of the Council?s Fishery

Management Plans (FMP). Following is

a summary of the amendment:

1. Essential fish habitat (EFH) is

identified and described based on areas

where various life stages of 21 selected

managed species and the coral complex

commonly occur. The selected species

are shrimp (brown shrimp, Penaeus

aztecus; white shrimp, Penaeus

setiferus; pink shrimp, Penaeus

duorarum); red drum, Sciaenops

ocellatus; reef fish (red grouper,

Epinephelus morio; gag grouper,

Mycteroperca microlepsis; scamp

grouper, Mycteroperca phenax; red

snapper, Lutjanus campechanus; gray

snapper, Lutjanus griseus; yellowtail

snappper, Ocyurus chrysurus; lane

snapper, Lutjanus synagris; greater

amberjack, Seriola dumerili; lesser

amberjack, Seriola fasciata; tilefish,

Lopholatilus chamaeleonticeps; and

gray triggerfish, Balistes capriscus),

coastal migratory pelagic species (king

mackerel, Scomberomorus cavalla;

Spanish mackerel, Scomberomorus

maculatus; cobia, Rachycentron

canadum; and dolphin, Coryphaena

hippurus), stone crab, Menippe

mercenaria; spiny lobster, Panulirus

argus; and the coral complex;

2. The selected species represent

about a third of the species under

management by the Gulf of Mexico

Fishery Management Council.

Collectively, these species commonly

occur throughout all of the marine and

estuarine waters of the Gulf of Mexico.

EFH for the remaining managed species

will be addressed in future FMP

amendments, as appropriate;

3. EFH is defined as everywhere that

the above managed species commonly

occur. Because these species

collectively occur in all estuarine and

marine habitats of the Gulf of Mexico,

EFH is separated into estuarine and

marine components. For the estuarine

component, EFH includes all estuarine

waters and substrates (mud, sand, shell,

rock and associated biological

communities), including the sub-tidal

vegetation (seagrasses and algae) and

adjacent inter-tidal vegetation (marshes

and mangroves). In marine waters of the

Gulf of Mexico, EFH includes virtually

all marine waters and substrates (mud,

sand, shell, rock and associated

biological communities) from the

shoreline to the seaward limit of the

EEZ;

4. Threats to EFH from fishing and

nonfishing activities are identified;

5. Options to conserve and enhance

EFH are provided and research needs

are identified;

6. No management measures and,

therefore, no regulations are proposed at

this time. Fishing-related management

measures to minimize any identified

impacts are deferred to future

amendments when the Council has the

information necessary to decide if the

measures are practicable.

Although other issues not contained

in this agenda may come before the

Panels for discussion, in accordance

with the Magnuson-Stevens Fishery

Conservation Act, those issues may not

be the subject of formal action during

this meeting. Panel action will be

restricted to those issues specifically

identified in the agenda listed in this

notice.

A copy of the agenda can be obtained

by contacting the Gulf Council (see

ADDRESSES).

Special Accommodations

These meetings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to Anne Alford at the

Council (see ADDRESSES) by June 10,

1998.

Dated: June 1, 1998.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–15028 Filed 6–4–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 052798B]

Pacific Fishery Management Council;

Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.

SUMMARY: The Pacific Fishery

Management Council and its advisory

entities will hold public meetings.

DATES: The Council, and its advisory

entities will meet during June 22–26,

1998. The Council meeting will begin

on Tuesday, June 23, at 8 a.m. with a

closed session to discuss litigation and

personnel matters. The open session

begins at 8:30 a.m. The Council will

reconvene Wednesday through Friday at

8 a.m. in open session. The Council will

meet as late as necessary each day to

complete its scheduled business.

ADDRESSES: The meetings will be held at

the Doubletree Hotel, Seattle Airport,

18740 Pacific Highway South, Seattle,

WA 98188; telephone: (206) 246–8600.

Council address: Pacific Fishery

Management Council, 2130 SW Fifth

Avenue, Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT:

Lawrence D. Six, Executive Director;

telephone: (503) 326–6352.

SUPPLEMENTARY INFORMATION: The

following items are on the Council

agenda, but not necessarily in this order:

A. Call to Order

1. Opening Remarks, Introductions,

Roll Call.

2. Remarks of Rear Admiral J. David

Spade, USCG.

3. Approve Agenda.

4. Approve November 1997, March

1998, and April 1998.