[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Notices]
[Pages 43410-43411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17112]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XJ21


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Space Vehicle and Test Flight Activities from Vandenberg 
Air Force Base (VAFB), California

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Air Force (USAF) for 
authorization for the take of marine mammals incidental to launching 
space launch vehicles, intercontinental ballistic and small missiles, 
and aircraft and helicopter operations at VAFB for the period of 
February 2009 through February 2014. Pursuant to the Marine Mammal 
Protection Act (MMPA), NMFS is announcing receipt of the USAF's request 
for the development and implementation of regulations governing the 
incidental taking of marine mammals and inviting information, 
suggestions, and comments on the USAF's application and request.

DATES: Comments and information must be received no later than August 
25, 2008.

ADDRESSES: Comments on the application should be addressed to P. 
Michael Payne, Chief, Permits, Conservation and Education Division, 
Office of Protected Resources, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address 
for providing email comments is [email protected]. Comments sent 
via e-mail, including all attachments, must not exceed a 10-megabyte 
file size.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 156.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of the USAF's application may be obtained by writing to the 
address specified above (see ADDRESSES), telephoning the contact listed 
above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet 
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (Secretary) to allow, upon 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 and regulations are issued or, if 
the taking is limited to harassment, notice of a proposed authorization 
is provided to the public for review.
    Authorization for incidental takings may be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for certain subsistence uses, 
and that the permissible methods of taking and

[[Page 43411]]

requirements pertaining to the mitigation, monitoring and reporting of 
such taking are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 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.
    With respect to military readiness activities, the MMPA defines 
``harassment'' as:
    (i) any act that injures or has the significant potential to 
injure a marine mammal or marine mammal stock in the wild [Level A 
Harassment]; or (ii) any act that disturbs or is likely to disturb a 
marine mammal or marine mammal stock in the wild by causing 
disruption of natural behavioral patterns, including, but not 
limited to, migration, surfacing, nursing, breeding, feeding, or 
sheltering, to a point where such behavioral patterns are abandoned 
or significantly altered [Level B Harassment].

Summary of Request

    On March 21, 2008, NMFS received an application from the USAF 
requesting authorization for the take of four species of marine mammals 
incidental to space vehicle and test flight activities from VAFB, which 
would impact pinnipeds on VAFB and the Northern Channel Islands, over 
the course of 5 years. These training activities are classified as 
military readiness activities. Marine mammals may be exposed to 
continuous noise due mostly to combustion effects of aircraft and 
launch vehicles and impulsive noise due to sonic boom effects. The USAF 
requests authorization to take four pinniped species by Level B 
Harassment.

Specified Activities

    There are currently six active space launch vehicle facilities at 
VAFB used to launch satellites into polar orbit. These facilities 
support the launch programs for space vehicles, including the Atlas V, 
Delta IV, Falcon, Minotaur, and Taurus. There are also a variety of 
small missiles launched from North VAFB, including the Minuteman III 
and several types of interceptor and target vehicles for the Missile 
Defense Agency program. The VAFB runway, located on north VAFB, 
supports various aircraft operations. A full description of the 
activities to be conducted by the USAF at VAFB, including descriptions 
of the different space vehicles and missiles, are described in the 
USAF's application.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the USAF's request (see ADDRESSES). All 
information, suggestions, and comments related to the USAF's request 
and NMFS' potential development and implementation of regulations 
governing the incidental taking of marine mammals by the USAF on and 
around VAFB will be considered by NMFS in developing, if appropriate, 
regulations governing the issuance of letters of authorization.

    Dated: July 21, 2008.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E8-17112 Filed 7-24-08; 8:45 am]
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