[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Notices]
[Pages 7261-7262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2282]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE83


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.

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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, 2008, through 
October 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: Howard Goldstein or Ken Hollingshead, 
NMFS, (301) 713-2289 ext. 172.

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 marine mammals by U.S. citizens who engage 
in a specified activity (other than commercial fishing), 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 certain subsistence uses. 
In addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means of

[[Page 7262]]

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 also 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 a finding made in the preamble to 
the final rule that the total takings by this project (with the 
mitigation) will have no more than a negligible impact on the affected 
species or stocks of marine mammals and will not have an unmitigable 
adverse impact on the availability of such species or stock for taking 
for relevant subsistence uses. NMFS also finds that the applicant will 
meet the requirements contained in the implementing regulations and 
LOA, including monitoring and reporting requirements.
    According to the draft technical report, the NAWC-WD performed a 
total of three missile launches between February and November 2007. A 
dual launch of Rolling Airframe Missiles(RAM) occurred on 26 April, 
2007; and single GQM-163A Supersonic Sea-Skimming Target (SSST) were 
launched on June 12 and 13, 2007. California sea lions were observed 
during all three launches on all three launch dates. Northern elephant 
seals were observed during all three launches on the three dates. 
Pacific harbor seals were not observed during launches on any launch 
dates. Based on monitoring efforts between February and November 2007, 
the NAWC-WD estimates that approximately 567 sea lions, 40 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. NMFS finds that the level of taking 
under the 2008 LOA will be consistent with the findings made in the 
final rule for this action.

    Dated: February 1, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E8-2282 Filed 2-6-08; 8:45 am]
BILLING CODE 3510-22-S