[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Notices]
[Pages 53408-53409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21598]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XK34


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Target and Missile Launch Activities at San Nicolas 
Island, CA

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for 
authorization for the take of marine mammals incidental to vehicle 
launches from San Nicolas Island (SNI), California, for the period 2009 
2014. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of the Navy's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on the 
Navy's application and request.

DATES: Comments and information must be received no later than October 
16, 2008.

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 
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address 
for providing email comments is <a href="/cdn-cgi/l/email-protection#feaeaccfd0cec8cac6a6b5cdcabe90919f9fd0999188"><span class="__cf_email__" data-cfemail="b9e9eb8897898f8d81e1f28a8df9d7d6d8d897ded6cf">[email protected]</span></a>. Comments sent 
via e-mail, including all attachments, must not exceed a 10-megabyte 
file size.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 156.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of the Navy's application may be obtained by writing to the 
address specified above (ADDRESSES), telephoning the contact listed 
above (FOR FURTHER INFORMATION CONTACT), or visiting the internet at 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The Navy's Final 
Environmental Impact Statement (FEIS) for the Point Mugu Sea Range was 
made available to the public in March, 2002. To obtain a copy of the 
FEIS, contact Steven Schwartz, Naval Air Warfare Center Weapons 
Division (NAWCWD), via email at <a href="/cdn-cgi/l/email-protection#d6a5a2b3a0b3b8f8a5b5bea1b7a4a2ac96b8b7a0aff8bbbfba"><span class="__cf_email__" data-cfemail="97e4e3f2e1f2f9b9e4f4ffe0f6e5e3edd7f9f6e1eeb9fafefb">[email protected]</span></a>.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (Secretary) 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) if certain findings are made and regulations are issued or, if 
the taking is limited to harassment, notice of a proposed authorization 
is provided to the public for review.
    Authorization for incidental takings may be granted if NMFS finds 
that the taking will have a negligible impact on

[[Page 53409]]

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 
if the permissible methods of taking and requirements pertaining to the 
mitigation, 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.
    With respect to military readiness activities, the MMPA defines 
``harassment'' as:
    (i) any act that injures or has the significant potential to injure 
a marine mammal or marine mammal stock in the wild [Level A 
Harassment]; or (ii) any act that disturbs or is likely to disturb a 
marine mammal or marine mammal stock in the wild by causing disruption 
of natural behavioral patterns, including, but not limited to, 
migration, surfacing, nursing, breeding, feeding, or sheltering, to a 
point where such behavioral patterns are abandoned or significantly 
altered [Level B Harassment].

Summary of Request

    On September 3, 2008, NMFS received an application from the Navy 
requesting authorization for the take of three pinniped species 
incidental to vehicle launches to be conducted from the western part of 
SNI (see pages 3-4 of the application), over the course of 5 years. 
These activities are classified as military readiness activities. The 
Navy plans to launch up to 40 vehicles from SNI per year, with up to 10 
launches per year during nighttime hours. The Navy states that these 
activities may have both acoustic and non-acoustic effects on 
pinnipeds. Aircraft and helicopter flights between the Pt Mugu airfield 
on the mainland, the airfield on SNI, and the target sites in the Sea 
Range will be a routine part of a planned launch operation. These 
flights generally do not pass at low levels over the beaches where 
pinnipeds are expected to be hauled out. The Navy requests 
authorization to take three species of pinnipeds by Level B Harassment: 
harbor seals, northern elephant seals, and California sea lions. Injury 
or mortality is unlikely during launch activities, and take by Level A 
harassment (including injury) or mortality is not requested in the 
Navy's application.

Specified Activities

    The Navy issued a FEIS, which analyzed the effects on the human 
environment of implementing their preferred alternative (among other 
alternatives), which includes conducting five general categories of 
tests to evaluate sea, land, and air weapons systems (i.e., air-to-air 
tests, air-to-surface tests, surface-to-air tests, surface-to-surface 
tests, and subsurface-to-surface tests) and three general categories of 
training (i.e., fleet training exercises, small-scale amphibious 
warfare training, and special warfare training). NAWCWD plans to 
continue a launch program for missiles and targets from several launch 
sites on SNI, the purpose of which is to support test and training 
activities associated with operations on the NAWCWD Point Mugu Sea 
Range.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Navy's request (ADDRESSES). All information, 
suggestions, and comments related to the Navy's request and NMFS' 
potential development and implementation of regulations governing the 
incidental taking of marine mammals by the Navy on SNI will be 
considered by NMFS in developing regulations governing the issuance of 
letters of authorization.

    Dated: September 10, 2008.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E8-21598 Filed 9-15-08; 8:45 am]
BILLING CODE 3510-22-S


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