[Federal Register Volume 74, Number 109 (Tuesday, June 9, 2009)]
[Notices]
[Pages 27289-27290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13501]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP67


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Missile Launch Activities at San Nicolas Island, CA

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, 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, and implementing regulations, notification is hereby given 
that a letter of authorization (LOA) has been issued to the Naval Air 
Warfare Center Weapons Division, U.S. Navy (Navy), to take three 
species of seals and sea lions incidental to missile launch activities 
from San Nicolas Island (SNI), California, a military readiness 
activity.

DATES: Effective June 4, 2009, through June 3, 2010.

ADDRESSES: The LOA and supporting documentation are available for 
review by writing to P. Michael Payne, Chief, Permits, Conservation, 
and Education Division, Office of Protected Resources, National Marine 
Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD 
20910-3225 or by telephoning one of the contacts listed below (FOR 
FURTHER INFORMATION CONTACT). Documents cited in this notice may be 
viewed, by appointment, during regular business hours, at the 
aforementioned address and at the Southwest Regional Office, NMFS, 501 
West Ocean Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289 ext. 156, or Monica DeAngelis, NMFS, 
(562) 980-3232.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the National Marine Fisheries Service (NMFS) 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) within a specified geographical region if certain 
findings are made and regulations are issued. However, for military 
readiness activities, the National Defense Authorization Act (Public 
Law 108-136) removed the ``small numbers'' and ``specified geographical 
region'' limitations. 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 5 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 for monitoring and reporting of 
such taking.
    Regulations governing the taking of Pacific harbor seals (Phoca 
vitulina richardsi), northern elephant seals (Mirounga angustirostris), 
and California sea lions (Zalophus californianus), by harassment, 
incidental to missile launch activities at SNI, were issued on June 2, 
2009, and remain in effect until June 2, 2014 (74 FR 26580, June 3, 
2009). For detailed information on this action, please refer to that 
document. These regulations include mitigation, monitoring, and 
reporting requirements for the incidental take of marine mammals during 
missile launches at SNI.
    This LOA is effective from June 4, 2009, through June 3, 2010, and 
authorizes the incidental take of the three marine mammal species 
listed above that may result from the

[[Page 27290]]

launching of up to 40 missiles at SNI per year. Up to 10 launches per 
year may occur at night. Nighttime launches will only occur when 
required by the test objectives, e.g., when testing the Airborne Laser 
system (ABL). Harbor seals, California sea lions, and elephant seals 
are found on various haul-out sites and rookeries on SNI.
    Potential impacts of the planned missile launch operations at SNI 
on marine mammals involve both acoustic and non-acoustic effects. 
Acoustic effects relate to sound produced by the engines of all launch 
vehicles, and, in some cases, their booster rockets. Potential non-
acoustic effects could result from the physical presence of personnel 
during placement of video and acoustical monitoring equipment. However, 
careful deployment of monitoring equipment is not expected to result in 
any disturbance to pinnipeds hauled out nearby. Any visual disturbance 
caused by passage of a vehicle overhead is likely to be minor and brief 
as the launch vehicles are relatively small and move at great speed. 
The noise generated by Navy activities may result in the incidental 
harassment of pinnipeds, both behaviorally and in terms of 
physiological (auditory) impacts. The noise and visual disturbances 
from missile launches may cause the animals to move towards or enter 
the water.
    Take of pinnipeds will be minimized through implementation of the 
following mitigation measures: (1) The Navy must avoid launch 
activities during harbor seal pupping season (February through April), 
unless constrained by factors including, but not limited to, human 
safety, national security, or for launch trajectory necessary to meet 
mission objectives; (2) the Navy must limit launch activities during 
other pinniped pupping seasons, unless constrained by factors 
including, but not limited to, human safety, national security, or for 
launch trajectory necessary to meet mission objectives; (3) the Navy 
must not launch missiles from the Alpha Complex at low elevation (less 
than 305 m [1,000 ft]) on launch azimuths that pass close to pinniped 
haul-out site(s) when occupied; (4) the Navy must avoid multiple 
vehicle launches in quick succession over haul-out sites when occupied, 
especially when young pups are present, except when required by mission 
objectives; and (5) the Navy must limit launch activities during 
nighttime hours, except when required by mission objectives (e.g., up 
to 10 nighttime launches for ABL testing per year). Additionally, for 2 
hr prior to, during, and approximately 30 mins following each launch, 
personnel are not allowed near any of the pinniped haul-out beaches 
that are close to the flight track on the western end of SNI. 
Associated fixed-wing and rotary aircraft will maintain an altitude of 
at least 305 m (1,000 ft) when traveling near beaches on which 
pinnipeds are hauled out, except in emergencies or for real-time 
security incidents (e.g., search-and-rescue, fire-fighting, adverse 
weather conditions), which may require approaching pinniped haul-outs 
and rookeries closer than 305 m (1,000 ft). Additionally, monitoring 
methods will be reviewed by NMFS if post-launch surveys determine that 
an injurious or lethal take of a marine mammal occurred. The Navy will 
also use monitoring surveys and time-lapse video to monitor the animals 
before, during, and after missile launches. Reports will be submitted 
to NMFS after each LOA expires, and a final comprehensive report, which 
will summarize all previous reports and assess cumulative impacts, will 
be submitted before the rule expires. This LOA will be renewed annually 
based on review of the annual monitoring report.

    Dated: June 3, 2009.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E9-13501 Filed 6-8-09; 8:45 am]
BILLING CODE 3510-22-S