[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66264-66265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23257]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[0648-XE710]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Space Vehicle Launch Operations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for letters of authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from the Alaska Aerospace
Corporation (AAC) for authorization to take marine mammals incidental
to conducting space vehicle launch operations over the course of five
years, from February 1, 2017 through January 31, 2022. Pursuant to
regulations implementing the Marine Mammal Protection Act (MMPA), NMFS
is announcing receipt of the AAC's request for the development and
implementation of regulations governing the incidental taking of marine
mammals and inviting information, suggestions, and comments on the
AAC's application and request.
DATES: Comments and information must be received no later than October
27, 2016.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. 1315 East-West Highway,
Silver Spring, MD 20910-3225 and electronic comments should be sent
[email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments sent via email, including all
attachments, must not exceed a 25-megabyte file size. Attachments to
electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/research.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.
FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
An electronic copy of the AAC's application may be obtained online
at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of
problems accessing the document, please call the contact listed above.
Background
Section 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), if certain findings are made and regulations are issued.
Incidental taking shall be allowed if NMFS finds that the taking
will have a negligible impact on the species or stock(s) affected and
will not have an unmitigable adverse impact on the availability of the
species or stock(s) for taking 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
[[Page 66265]]
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.''
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On September 14, 2016, NMFS received an adequate and complete
application from the AAC requesting authorization for the take of
marine mammals incidental to space vehicle and missile launch
activities from the Pacific Spaceport Complex Alaska (PSCA) for a
period of five years. Space vehicle and missile launch activities have
the potential to result in take of pinnipeds on nearby haul outs.
Therefore, AAC requests authorization to take marine mammals that may
occur in these areas, including Steller sea lions (Eumatopias jubatus)
and harbor seals (Phoca vitulina richardii).
Specified Activities
AAC is proposing to launch small to medium space launch vehicles
from the PSCA. PSCA may also launch a number of smaller missile
systems, such as tactical or target vehicles. AAC anticipates the
ability to accommodate nine launches per year.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning AAC's request (see ADDRESSES). Comments should be
supported by data or literature citations as appropriate. We will
consider all relevant information, suggestions, and comments related to
the request during the development of proposed regulations governing
the incidental taking of marine mammals by AAC, if appropriate.
Dated: September 20, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-23257 Filed 9-26-16; 8:45 am]
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