Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 28587 

within the Shatsky Rise area in the 

northwest Pacific Ocean may result, at 

worst, in a temporary modification in 

behavior (Level B harassment) of small 

numbers of marine mammals. Further, 

this activity is expected to result in a 

negligible impact on the affected species 

or stocks of marine mammals. The 

provision requiring that the activity not 

have an unmitigable impact on the 

availability of the affected species or 

stock of marine mammals for 

subsistence uses is not implicated for 

this proposed action. 

For reasons stated previously in this 

document, the specified activities 

associated with the proposed survey are 

not likely to cause TTS, PTS or other 

non-auditory injury, serious injury, or 

death to affected marine mammals 

because: 

(1) The likelihood that, given 

sufficient notice through relatively slow 

ship speed, marine mammals are 

expected to move away from a noise 

source that is annoying prior to its 

becoming potentially injurious; 

(2) The fact that cetaceans would have 

to be closer than 940 m (0.6 mi) in deep 

water when the full array is in use at a 

9 m (29.5 ft) tow depth from the vessel 

to be exposed to levels of sound 

believed to have even a minimal chance 

of causing PTS; 

(3) The fact that marine mammals 

would have to be closer than 3,850 m 

(2.4 mi) in deep water when the full 

array is in use at a 9 m (29.5 ft) tow 

depth from the vessel to be exposed to 

levels of sound (160 dB) believed to 

have even a minimal chance at causing 

TTS; and 

(4) The likelihood that marine 

mammal detection ability by trained 

observers is high at that short distance 

from the vessel. 

As a result, no take by injury, serious 

injury, or death is anticipated or 

authorized, and the potential for 

temporary or permanent hearing 

impairment is very low and will be 

avoided through the incorporation of 

the proposed monitoring and mitigation 

measures. 

While the number of marine 

mammals potentially incidentally 

harassed will depend on the 

distribution and abundance of marine 

mammals in the vicinity of the survey 

activity, the number of potential Level 

B incidental harassment takings (see 

Table 3 above this section) is estimated 

to be small, less than two percent of any 

of the estimated population sizes based 

on the data disclosed in Table 2 of this 

notice, and has been mitigated to the 

lowest level practicable through 

incorporation of the monitoring and 

mitigation measures mentioned 

previously in this document. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to L–DEO for conducting a 

marine geophysical survey at the 

Shatsky Rise area in the northwest 

Pacific Ocean, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

The duration of the IHA would not 

exceed one year from the date of its 

issuance. 

Information Solicited 

NMFS requests interested persons to 

submit comments and information 

concerning this proposed project and 

NMFS’ preliminary determination of 

issuing an IHA (see ADDRESSES). 

Concurrent with the publication of this 

notice in the Federal Register, NMFS is 

forwarding copies of this application to 

the Marine Mammal Commission and 

its Committee of Scientific Advisors. 

Dated: May 17, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–12296 Filed 5–20–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW03 

Taking and Importing Marine 

Mammals; Taking 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, and 

implementing regulations, notification 

is hereby given that a letter of 

authorization (LOA) has been issued to 

the Naval Air Warfare Center Weapons 

Division, U.S. Navy (Navy), to take three 

species of seals and sea lions incidental 

to missile launch operations from San 

Nicolas Island (SNI), California, a 

military readiness activity. 

DATES: Effective June 4, 2010, through 

June 3, 2011. 

ADDRESSES: The LOA and supporting 

documentation are available for review 

by writing to P. Michael Payne, Chief, 

Permits, Conservation, and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service 

(NMFS), 1315 East West Highway, 

Silver Spring, MD 20910–3225 or by 

telephoning one of the contacts listed 

below (FOR FURTHER INFORMATION

CONTACT). Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address and at the 

Southwest Regional Office, NMFS, 501 

West Ocean Boulevard, Suite 4200, 

Long Beach, CA 90802. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Magliocca, Office of Protected 

Resources, NMFS, 301–713–2289, or 

Monica DeAngelis, NMFS, 562–980– 

3232. 

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, upon 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. However, for military readiness 

activities, the National Defense 

Authorization Act (Public Law 108–136) 

removed the ‘‘small numbers’’ and 

‘‘specified geographical region’’ 

limitations. Under the MMPA, the term 

‘‘take’’ 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 of 

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 

northern elephant seals (Mirounga 

angustirostris), Pacific harbor seals 


emcdonald on DSK2BSOYB1PROD with NOTICES
28588 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 

(Phoca vitulina richardsi), and 

California sea lions (Zalophus 

californianus), by harassment, 

incidental to missile launch operations 

at SNI, were issued on June 2, 2009, and 

remain in effect until June 2, 2014 (74 

FR 26580, June 3, 2009). For detailed 

information on this action, please refer 

to that document. The regulations 

include mitigation, monitoring, and 

reporting requirements for the 

incidental take of marine mammals 

during missile launches at SNI. 

Summary of Request 

On April 19, 2010, NMFS received a 

request for an LOA renewal pursuant to 

the aforementioned regulations that 

would authorize, for a period not to 

exceed 1 year, take of pinnipeds, by 

harassment, incidental to missile launch 

operations from San Nicolas Island, CA. 

Summary of Activity and Monitoring 

Conducted During 2009 and 2010 

The Navy’s monitoring report for June 

2009 through December 2009 describes 

three single launches from SNI on three 

different days. These launches occurred 

at night during the Airborne Laser (ABL) 

testing program. A single Terrier-Lynx 

was launched on each of two days, June 

6 and 13, 2009, and a single TerrierBlack Brant was launched on August 10, 

2009. Vehicles were launched from the 

807 Launch Complex located close to 

shore on the western end of SNI, 11 m 

above sea level. The launch azimuths 

caused the vehicles to pass over or near 

various pinniped monitoring and 

acoustic measurement sites where 

Autonomous Terrestrial Acoustic 

Recorders (ATARs) and video systems 

had been deployed. The video data were 

supplemented by direct visual scans of 

the haul-out groups several hours prior 

to the launches and following one of the 

launches. For each launch, the number, 

proportion, and (where determinable) 

ages of the individual pinnipeds that 

responded in various ways were 

extracted from the video, along with 

comparable data for those that did not 

respond overtly. Approximately 750 

California sea lions, 60 Pacific harbor 

seals, and no northern elephant seals are 

estimated to have been harassed by 

launches during the June-December 

2009 monitoring report. The authorized 

level of take was not exceeded and no 

evidence of injury or mortality was 

observed during or immediately 

succeeding the launches for the 

monitored pinniped species. 

Description of 2010 Activities 

This LOA is effective from June 4, 

2010, through June 3, 2011, and 

authorizes the incidental take of the 

three pinniped species listed above that 

may result from the launching of up to 

40 missiles from SNI per year. Up to 10 

launches per year may occur at night. 

Nighttime launches will only occur 

when required by the test objectives, 

e.g., when testing the Airborne Laser 

system (ABL). Northern elephant seals, 

Pacific harbor seals, and California sea 

lions are found on various haul-out sites 

and rookeries on SNI. 

Potential impacts of the planned 

missile launch operations from SNI on 

marine mammals involve both acoustic 

and non-acoustic effects. Acoustic 

effects relate to sound produced by the 

engines of all launch vehicles, and, in 

some cases, their booster rockets. 

Potential non-acoustic effects could 

result from the physical presence of 

personnel during placement of video 

and acoustical monitoring equipment. 

However, careful deployment of 

monitoring equipment is not expected 

to result in any disturbance to 

pinnipeds hauled out nearby. Any 

visual disturbance caused by passage of 

a vehicle overhead is likely to be minor 

and brief as the launch vehicles are 

relatively small and move at great 

speed. The noise generated by Navy 

activities may result in the incidental 

harassment of pinnipeds, both 

behaviorally and in terms of 

physiological (auditory) impacts. The 

noise and visual disturbances from 

missile launches may cause the animals 

to move towards or enter the water. This 

LOA authorizes the following numbers 

of pinnipeds to be incidentally taken by 

Level B harassment: 474 northern 

elephant seals; 467 Pacific harbor seals; 

and 1606 California sea lions. 

Take of pinnipeds will be minimized 

through implementation of the 

following mitigation measures: (1) The 

Navy must avoid launch activities 

during harbor seal pupping season 

(February through April), unless 

constrained by factors including, but not 

limited to, human safety, national 

security, or for launch trajectory 

necessary to meet mission objectives; (2) 

the Navy must limit launch activities 

during other pinniped pupping seasons, 

unless constrained by factors including, 

but not limited to, human safety, 

national security, or for launch 

trajectory necessary to meet mission 

objectives; (3) the Navy must not launch 

missiles from the Alpha Complex at low 

elevation (less than 305 m [1,000 ft]) on 

launch azimuths that pass close to 

pinniped haul-out site(s) when 

occupied; (4) the Navy must avoid 

multiple vehicle launches in quick 

succession over haul-out sites when 

occupied, especially when young pups 

are present, except when required by 

mission objectives; and (5) the Navy 

must limit launch activities during 

nighttime hours, except when required 

by mission objectives (e.g., up to 10 

nighttime launches for ABL testing per 

year). Additionally, for 2 hours prior to, 

during, and approximately 30 minutes 

following each launch, personnel are 

not allowed near any of the pinniped 

haul-out beaches that are close to the 

flight track on the western end of SNI. 

Associated fixed-wing and rotary 

aircraft will maintain an altitude of at 

least 305 m (1,000 ft) when traveling 

near beaches on which pinnipeds are 

hauled out, except in emergencies or for 

real-time security incidents (e.g., searchand-rescue, fire-fighting, adverse 

weather conditions), which may require 

approaching pinniped haul-outs and 

rookeries closer than 305 m (1,000 ft). 

Additionally, plain monitoring methods 

will be reviewed by NMFS if postlaunch surveys determine that an 

injurious or lethal take of a marine 

mammal occurred. The Navy will also 

use monitoring surveys and time-lapse 

video to monitor the animals before, 

during, and after missile launches. 

Reports will be submitted to NMFS after 

each LOA expires, and a final 

comprehensive report, which will 

summarize all previous reports and 

assess cumulative impacts, will be 

submitted before the rule expires. This 

LOA will be renewed annually based on 

review of the annual monitoring report. 

Authorization 

The Navy complied with the 

requirements of the 2009 LOA and 

NMFS has determined that there was no 

evidence of pinniped injuries or 

fatalities related to vehicle launches 

from SNI. The Navy’s activities fell 

within the scope of the activities 

analyzed in the 2009 rule and the 

observed take did not exceed that 

authorized in the 2009 LOA. NMFS has 

determined that this action continues to 

have a negligible impact on the affected 

species or stocks of marine mammals on 

SNI. Accordingly, NMFS has issued a 

LOA to the Navy authorizing the take of 

marine mammals, by harassment, 

incidental to missile launch activities 

from SNI. The provision requiring that 

the activities not have an unmitigable 

adverse impact on the availability of the 

affected species or stock for subsistence 

uses does not apply for this action. 

Dated: May 17, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–12294 Filed 5–20–10; 8:45 am] 

BILLING CODE 3510–22–S 


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