[Federal Register Volume 77, Number 76 (Thursday, April 19, 2012)]
[Notices]
[Pages 23463-23464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9480]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA216
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Space Vehicle and Missile Launch Operations at Kodiak
Launch Complex, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 23464]]
ACTION: Notice of issuance of a Letter of Authorization.
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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 Alaska
Aerospace Corporation (AAC) to take two species of pinnipeds incidental
to space vehicle and missile launch operations at the Kodiak Launch
Complex (KLC) in Kodiak, Alaska.
DATES: Effective from April 30, 2012, through April 29, 2013.
ADDRESSES: The LOA and supporting documentation are available for
review by writing to Tammy C. Adams, Acting Chief, Permits and
Conservation Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225, by telephoning the contact listed under FOR FURTHER INFORMATION
CONTACT, or on the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents cited in this notice may also be
viewed, by appointment, during regular business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of
Protected Resources, NMFS, 301-427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 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 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 either regulations are issued. Under the MMPA, the term
``take'' means to harass, hunt, capture, or kill, or attempt to harass,
hunt, capture, or kill marine mammals.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the identified species
or stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth in the regulations. 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.''
Regulations governing the taking of Steller sea lions (Eumetopias
jubatus), by harassment, and harbor seals (Phoca vitulina) (adults by
harassment and pups by injury or mortality), incidental to space
vehicle and missile launch operations at the KLC, were issued on March
22, 2011 (76 FR 16311, March 23, 2011), and remain in effect until
March 21, 2016. For detailed information on the action, please refer to
that document. The regulations include mitigation, monitoring, and
reporting requirements for the incidental take of marine mammals during
space vehicle and missile launch operations at the KLC.
Summary of Request
On February 27, 2012, NMFS received a request from the AAC for
renewal of an LOA issued on April 30, 2011, authorizing the take of
marine mammals incidental to a maximum of 12 space launch vehicles,
long-range ballistic target missiles, and other smaller missile systems
at the KLC. The AAC has complied with the measures required in 50 CFR
217.70-75, as well as the associated 2011-2012 LOA, and submitted the
reports and other documentation required by the final rule and the
2011-2012 LOA.
Summary of Activity Under the 2011-2012 LOA
As described in the AAC's 2011-2012 annual report, launch
activities conducted at the KLC were within the scope and amounts
authorized by the 2011-2012 LOA and the levels of take remain within
the scope and amounts contemplated by the final rule. Only one launch
occurred at the KLC under the 2011-2012 LOA.
Planned Activities and Estimated Take for 2012-2013
In 2012-2013, the AAC expects to conduct the same type and amount
of launches identified in the 2011-2012 LOA. Similarly, the authorized
take will remain within the annual estimates analyzed in the final
rule.
Summary of Monitoring and Reporting Under the 2011-2012 LOA
The AAC submitted their annual monitoring report within the
required timeframe and the report is posted on NMFS Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS has
reviewed the report and it contains the information required by the
2011-2012 LOA. The AAC's monitoring activities included a quarterly
aerial survey on September 21, 2011, and launch-related monitoring on
September 26-27, 2011, using a remote camera system. One of the planned
quarterly aerial surveys was postponed twice due to stormy weather.
Another aerial survey is scheduled to occur before the 2011-2012 LOA
expires. The annual report for last year's LOA reported no Steller sea
lions observed in the area before or after the launch and there were no
sightings of injury or mortality to Pacific harbor seals. Last year, no
launches occurred during harbor seal pupping season (May 15-June 30).
Authorization
The AAC complied with the requirements of the 2011-2012 LOA. Based
on our review of the record, NMFS has determined that the marine mammal
take resulting from the 2011-2012 launch operations falls within the
levels previously anticipated, analyzed, and authorized. The record
supports NMFS' conclusion that the number of marine mammals taken by
the 2012-2013 launch operations will have no more than a negligible
impact on the affected species or stock of marine mammals and will not
have an unmitigable adverse impact on the availability of these species
or stocks for taking for subsistence uses. Accordingly, NMFS has issued
a 1-year LOA for launch operations conducted at the KLC from April 30,
2012, through April 29, 2013.
Dated: April 11, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-9480 Filed 4-18-12; 8:45 am]
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