[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Pages 70537-70538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28342]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BD80
Takes of Marine Mammals Incidental to Specified Activities;
Target and Missile Launch Activities at San Nicolas Island, California
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), Naval
Air Warfare Center Weapons Division (NAWCWD) for authorization to take
marine mammals incidental to missile launches from San Nicolas Island
(SNI) from June 2014 through January 2019. Pursuant to the Marine
Mammal Protection Act (MMPA), NMFS is announcing our 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 December
26, 2013.
ADDRESSES: Comments on the application should be addressed to Michael
Payne, Chief, Permits and Conservation 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 [email protected]. NMFS is not responsible for email
comments sent to addresses other than the one provided here. Comments
sent via email, including all attachments, must not exceed a 10-
megabyte file size.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
A copy of the Navy's application may be obtained by visiting the
internet at: http://www.nmfs.noaa.gov/pr/permits/
[[Page 70538]]
incidental.htmapplications. Documents cited in this notice may
also be viewed, by appointment, during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by United States citizens who engage in a specified activity
(other than commercial fishing) within a specific geographical region
if certain findings are made and either regulations are issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the 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. 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 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 July 24, 2013, NMFS received an application from the Navy
requesting regulations governing a Letter of Authorization (LOA) for
the take of three species of marine mammals incidental to NAWCWD's
missile launches from SNI over 5 years: northern elephant seal
(Mirounga angustirostris), Pacific harbor seal (Phoca vitulina), and
California sea lion (Zalophus californianus). The Navy is requesting a
5-year LOA proposed to be conducted from 2014 through 2019. These
activities are classified as military readiness activities. The Navy
states that these activities may expose some of the marine mammals
present around SNI to elevated sound levels from up to 40 missile
launches per year. The Navy is requesting authorization to take three
marine mammal species by Level B harassment.
Description of the Specified Activity
In the application submitted to NMFS, the Navy requests
authorization to take marine mammals incidental to conducting up to 40
missile launches a year from SNI. A detailed description of the
proposed activity, including duration, location, and missiles involved,
are provided in the Navy's application (pages 5-14). In summary, NAWCWD
plans to continue a launch program for missiles and targets from
several launch sites on SNI. Some launches are used for practicing
defensive drills and some launches may be conducted for testing new
types of targets. Missiles vary from tactical and developmental weapons
to target missiles used to test defensive strategies and other weapons
systems. Up to 200 missiles may be launched over a 5-year period, but
the number and type of launch varies depending on operational needs.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Navy's request (see ADDRESSES). All input
related to the Navy's request and NMFS' role in governing the
incidental taking of marine mammals will be considered by NMFS when
developing, if appropriate, the most effective regulations governing
the issuance of LOAs.
Dated: November 21, 2013.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2013-28342 Filed 11-25-13; 8:45 am]
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