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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [I.D. 050901F]

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice of issuance of modification and annual renewal of a letter of authorization.

# SUMMARY:

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that a modification and annual renewal to a Letter of Authorization (LOA) to take small numbers of marine mammals incidental to rocket launches at Vandenberg Air Force Base (VAFB) and on the Northern Channel Islands has been issued to the 30th Space Wing, U.S. Air Force.

# DATES:

Effective from May 31, 2001, until May 31 2002.

# ADDRESSES:

The letter of authorization and supporting documentation are available for review during regular business hours at the following offices: Marine Mammal Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD  20910-3225, and the Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802.

# FOR FURTHER INFORMATION CONTACT:

Simona P. Roberts, Office of Protected Resources, NMFS, (301) 713-2322, ext. 106, or Christina Fahy, Southwest Region, NMFS, (562) 980-4023.

# SUPPLEMENTARY INFORMATION:

## Background 

                    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  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.                 

                    Permission  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                           ( print page 29775)                         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  of  seals  and  sea  lions  incidental  to  missile  and  rocket  launches,  aircraft  flight  test  operations,  and  helicopter  operations  at  Vandenberg  were  published  on  March  1,  1999  (64  FR  9930),  and  remain  in  effect  until  December  31,  2003.                 

In  accordance  with  the  MMPA,  as  amended,  and  implementing  regulations,  a  1-year  LOA  to  take  small  numbers  of  seals  and  sea  lions  was  issued  on  May  31,  2000,  to  the  30th  Space  Wing  (65  FR  37361).

## Summary  of  Request

On  February  5,  2001,  the  30th  Space  Wing,  U.S.  Air  Force,  requested  a  modification  to  their  LOA  issued  on  May  31,  2000.   The  letter  requested  modifications  to  the  launch  schedule  and  revisions  to  the  LOA's  current  monitoring  requirements,  specifically:  (1)  to  eliminate  the  number  of  launches  specified  for  each  type  of  launch  vehicle  (Titan  II,  Titan  IV,  Lockheed-Martin,  Delta  II,  Taurus,  Atlas,  and  Minotaur)  to  more  accurately  reflect  the  year  to  year  variability  of  launch  vehicle  type;  (2)  to  clarify  that  space  launches  occur  from  both  North  and  South  Vandenberg;  (3)  to  increase  the  observation  period  prior  to  launches  from  48  hours  before  any  planned  launch  time  to  72  hours  before  any  planned  launch  time;  (4)  to  include  monitoring  over  a  2-week  period  during  pupping  season  following  any  launches  of  government  and  commercial  space  vehicles,  not  just  following  Titan  II  and  Titan  IV  launches  as  the  current  LOA  requires;  and,  (5)  to  change  the  criterion  for  monitoring  pinnipeds  on  the  Northern  Channel  Islands  from  when  sonic  booms  are  predicted  to  be  “focused”  or  greater  than  2  pounds  per  square  foot  (psf)  to  criterion  for  monitoring  pinnipeds  on  the  Northern  Channel  Islands  when  predicted  sonic  booms  are  greater  than  1  psf.   A  final  modification  request  to  conduct  observations  on  harbor  seal  and  other  pinniped  activity  only  during  the  harbor  seal  pupping  season  (March-June),  as  opposed  to  during  any  launch,  was  inconsistent  with  the  5-year  programmatic  implementing  regulations  (64  FR  9930).   Due  to  this  discrepancy,  NMFS  determined  that  this  final  request  must  be  denied  because  it  first  requires  modification  of  the  current  regulations  governing  space  vehicle  and  test  flight  activities  (50  CFR  216.120-128).   In  addition  to  these  requested  modifications  to  the  launch  schedule  and  monitoring  requirements,  the  30th  Space  Wing  also  requested  renewal  of  their  1-year  LOA  for  the  year  2001-2002.

## Comments

On  March  19,  2001  (66  FR  15406)  NMFS  published  a  notice  of  proposed  modification  and  annual  renewal  and  a  30-day  public  comment  period  was  provided  on  the  proposed  modifications  and  annual  renewal.   During  the  30-day  public  comment  period  no  comments  were  received.

## Authorization

In  recognition  of  the  timely  receipt  and  acceptance  of  the  reports  required  under  50  CFR  216.125(d)  and  a  determination  that  the  mitigation  measures  required  pursuant  to  50  CFR  216.124  and  the  LOA  have  been  undertaken,  NMFS  has  renewed  and  made  the  requested  modifications  to  the  1-year  LOA.   Issuance  of  this  LOA  is  based  on  a  finding  that  the  total  takings  will  have  no  more  than  a  negligible  impact  on  the  seal  and  sea  lion  populations  off  the  Vandenberg  coast  and  on  the  Northern  Channel  Islands.

Dated: May 23, 2001.

Wanda  L.  Cain,

Acting  Deputy  Director,  Office  of  Protected  Resources,  National  Marine  Fisheries  Service.

[FR Doc. 01-13834 Filed 5-31-01; 8:45 am]

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