[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Pages 70538-70539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28343]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA832
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Missile Launch Operations From San Nicolas Island, CA
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce.
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 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 December 1, 2013, through June 2, 2014.
ADDRESSES: The LOA and supporting documentation are available for
review on the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. 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, 301-427-8401, 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
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 (Pub. L. 108-136) removed the
``small numbers'' and ``specified geographical region'' limitations.
Under the MMPA, the term
[[Page 70539]]
``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 (where
relevant). 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 (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 September 24, 2013, NMFS received a request for an LOA renewal
pursuant to the aforementioned regulations that would authorize take of
pinnipeds, by harassment, incidental to missile launch operations from
SNI. The request covers the remaining 6 months of the Navy's current
regulations.
Summary of Activity Conducted During 2012-2013
As described in the Navy's annual monitoring report, the missile
launch operations conducted by the Navy during this time period were
within the scope and amounts authorized by the 2012-2013 LOA, and the
levels of take remain within the scope and amounts contemplated by the
final rule and detailed in the 2012-2013 LOA. A total of eight launches
took place using two missile types on seven different days.
Planned Activities and Estimated Take for 2013-2014
During 2013-2014, the Navy expects to conduct the same type and
amount of launches identified in the 2012-2013 LOA. Therefore, NMFS is
authorizing the same amount of take authorized in 2012.
2012-2013 Monitoring
The Navy conducted the monitoring required by the 2012-2013 LOA and
described in the Monitoring Plan, which included acoustic monitoring of
missile launches and visual monitoring of pinnipeds. The Navy submitted
their 2012-2013 Monitoring Report, which is posted on NMFS' Web site
(http://www.nmfs.noaa.gov/pr/permits/incidental.htm), within the
required timeframe. In summary, visual monitoring shows that pinnipeds
startled and moved in response to launch sounds and most individuals
returned to normal behavior within 5 minutes.
Authorization
The Navy complied with the requirements of the 2012-2013 LOA and
NMFS has determined that there was no evidence of pinniped injuries or
mortalities 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 2012-2013 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 an 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: November 21, 2013.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2013-28343 Filed 11-25-13; 8:45 am]
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