[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Notices]
[Pages 29774-29775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13834]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050901F]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Rocket Launches

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

ACTION: Notice of issuance of modification and annual renewal of a 
letter of authorization.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that a modification 
and annual renewal to a Letter of Authorization (LOA) to take small 
numbers of marine mammals incidental to rocket launches at Vandenberg 
Air Force Base (VAFB) and on the Northern Channel Islands has been 
issued to the 30th Space Wing, U.S. Air Force.

DATES: Effective from May 31, 2001, until May 31 2002.

ADDRESSES: The letter of authorization and supporting documentation are 
available for review during regular business hours at the following 
offices: Marine Mammal Conservation Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225, 
and the Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, 
Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Simona P. Roberts, Office of Protected 
Resources, NMFS, (301) 713-2322, ext. 106, or Christina Fahy, Southwest 
Region, NMFS, (562) 980-4023.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
NMFS to allow, on 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. Under the MMPA, the term ``taking'' means to harass, hunt, 
capture, or kill or to attempt to harass, hunt, capture, or kill marine 
mammals.
    Permission 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

[[Page 29775]]

 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. In addition, NMFS must prescribe regulations that include 
permissible methods of taking and other means 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 pertaining to 
the monitoring and reporting of such taking. Regulations governing the 
taking of seals and sea lions incidental to missile and rocket 
launches, aircraft flight test operations, and helicopter operations at 
Vandenberg were published on March 1, 1999 (64 FR 9930), and remain in 
effect until December 31, 2003.
    In accordance with the MMPA, as amended, and implementing 
regulations, a 1-year LOA to take small numbers of seals and sea lions 
was issued on May 31, 2000, to the 30th Space Wing (65 FR 37361).

Summary of Request

    On February 5, 2001, the 30th Space Wing, U.S. Air Force, requested 
a modification to their LOA issued on May 31, 2000. The letter 
requested modifications to the launch schedule and revisions to the 
LOA's current monitoring requirements, specifically: (1) to eliminate 
the number of launches specified for each type of launch vehicle (Titan 
II, Titan IV, Lockheed-Martin, Delta II, Taurus, Atlas, and Minotaur) 
to more accurately reflect the year to year variability of launch 
vehicle type; (2) to clarify that space launches occur from both North 
and South Vandenberg; (3) to increase the observation period prior to 
launches from 48 hours before any planned launch time to 72 hours 
before any planned launch time; (4) to include monitoring over a 2-week 
period during pupping season following any launches of government and 
commercial space vehicles, not just following Titan II and Titan IV 
launches as the current LOA requires; and, (5) to change the criterion 
for monitoring pinnipeds on the Northern Channel Islands from when 
sonic booms are predicted to be ``focused'' or greater than 2 pounds 
per square foot (psf) to criterion for monitoring pinnipeds on the 
Northern Channel Islands when predicted sonic booms are greater than 1 
psf. A final modification request to conduct observations on harbor 
seal and other pinniped activity only during the harbor seal pupping 
season (March-June), as opposed to during any launch, was inconsistent 
with the 5-year programmatic implementing regulations (64 FR 9930). Due 
to this discrepancy, NMFS determined that this final request must be 
denied because it first requires modification of the current 
regulations governing space vehicle and test flight activities (50 CFR 
216.120-128). In addition to these requested modifications to the 
launch schedule and monitoring requirements, the 30th Space Wing also 
requested renewal of their 1-year LOA for the year 2001-2002.

Comments

    On March 19, 2001 (66 FR 15406) NMFS published a notice of proposed 
modification and annual renewal and a 30-day public comment period was 
provided on the proposed modifications and annual renewal. During the 
30-day public comment period no comments were received.

Authorization

    In recognition of the timely receipt and acceptance of the reports 
required under 50 CFR 216.125(d) and a determination that the 
mitigation measures required pursuant to 50 CFR 216.124 and the LOA 
have been undertaken, NMFS has renewed and made the requested 
modifications to the 1-year LOA. Issuance of this LOA is based on a 
finding that the total takings will have no more than a negligible 
impact on the seal and sea lion populations off the Vandenberg coast 
and on the Northern Channel Islands.

    Dated: May 23, 2001.
Wanda L. Cain,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 01-13834 Filed 5-31-01; 8:45 am]
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