[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Notices]
[Pages 2656-2657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-813]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 111706C]


Incidental Take of Marine Mammals; Taking of Marine Mammals 
Incidental to Missile Launch Operations from San Nicolas Island, CA

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

ACTION:  Notice of issuance of a letter of authorization.

-----------------------------------------------------------------------

SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA), 
as amended, notification is hereby given that a letter of authorization 
(LOA) to take three species of marine mammals incidental to missile 
launch operations from San Nicolas Island, CA (SNI) has been issued to 
the Naval Air Warfare Center Weapons Division (NAWC-WD), Point Mugu, 
CA.

DATES:  This authorization is effective from February 3, 2007, through 
February 2, 2008.

ADDRESSES:  The application, LOA, and Navy monitoring report are 
available for review in the Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910 or by contacting one of the 
individuals mentioned below (See FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead or Candace 
Nachman, NMFS, (301) 713-2289.

SUPPLEMENTARY INFORMATION: 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 by NMFS 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.
    Authorization may be granted for periods up to five 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. 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 incidental 
to target missile operations on San Nicolas Island, CA, were published 
on September 2, 2003 (68 FR 52132), and remain in effect until October 
2, 2008.
    Pursuant to these regulations, NMFS has issued an LOA to the NAWC-
WD. Issuance of the LOA is based on findings made in the preamble to 
the final rule that the total takings by this project will result in 
only small numbers (as the term is defined in 50 CFR 216.103) of marine 
mammals being taken. In addition, given the implementation of the 
mitigation requirements contained in the LOA, the resultant incidental 
harassment will have no more than a negligible impact on the affected 
marine mammal stocks or habitats and will not have an unmitigable 
adverse impact on the availability of such species or stock for taking 
for subsistence uses. NMFS also finds that the applicant will meet the 
requirements contained in the implementing regulations and LOA, 
including monitoring and reporting requirements. This LOA will be 
renewed annually based on a review of the activity, completion of 
monitoring requirements and receipt of reports required by the LOA.
    According to the draft technical report, the NAWC-WD performed a 
total of five missile launches between February and September 2006. Two 
Advanced Gun System (AGS) guided rounds were launched on 14 February; 
one Falcon rocket was launched on 6 April; and two AGS launches 
occurred on May 15, 2006. California sea lions were observed during 
four of five launches on all three launch dates. Northern elephant 
seals were observed during three launches on two dates. Harbor seals 
were observed during four launches on all three launch dates. Based on 
monitoring efforts between February and September 2006, the NAWC-WD 
estimates that approximately 295 sea lions, 13 harbor seals, and no 
elephant seals were affected by launch sounds. There was no evidence of 
injury or mortality during or immediately succeeding the launches for 
any pinniped species.


[[Page 2657]]


    Dated: January 10, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-813 Filed 1-19-07; 8:45 am]
BILLING CODE 3510-22-S