[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Notices]
[Pages 27308-27309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11453]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA216


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Space Vehicle and Missile Launch Operations at Kodiak 
Launch Complex, Alaska

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, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the Alaska 
Aerospace Corporation (AAC) to take two species of seals and sea lions 
incidental to space vehicle and missile launch operations at the Kodiak 
Launch Complex (KLC) in Kodiak, Alaska.

DATES: Effective from April 30, 2011, through April 29, 2012.

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, 1315 East-West Highway, Silver Spring, MD 20910-
3225, by telephoning the contact listed under FOR FURTHER INFORMATION 
CONTACT, or on the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents cited in this notice may also be 
viewed, by appointment, during regular business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of 
Protected Resources, NMFS, 301-713-2289, ext 123.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce 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 either regulations are issued. Under the MMPA, the term 
``take'' means to harass, hunt, capture, or kill, or attempt to harass, 
hunt, capture, or kill marine mammals.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the identified species 
or stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth in the regulations. 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.''
    Regulations governing the taking of Steller sea lions (Eumetopias 
jubatus), by harassment, and harbor seals (Phoca vitulina), adults by 
harassment and pups by injury or mortality, incidental to space vehicle 
and missile launch operations at the KLC, were issued on March 22, 2011 
(76 FR 16311, March 23, 2011), and remain in effect until March 21, 
2016. For detailed information on this action, please refer to that 
document. The regulations include mitigation, monitoring, and reporting 
requirements for the incidental take of marine mammals during space 
vehicle and missile launch operations at the KLC.
    This LOA is effective from April 30, 2011, through April 29, 2012, 
and authorizes the incidental take of the two marine mammal species 
listed above that may result from the launching of up to 12 space 
launch vehicles, long-range ballistic target missiles, and other 
smaller missile systems at the KLC. Steller sea lion and harbor seal 
haulouts exist on Ugak Island, which lies approximately 3.4 miles to 
the southeast of the launch site. The KLC primarily supports launches 
of small to medium space launch vehicles--which by definition are those 
used to boost satellites to orbit--ranging in size from the small 
space-launch Castor 120 motor (used in the Athena, Minotaur IV, 
Minotaur V, and Taurus I systems) to the under-development medium-lift 
Taurus II. The KLC is also configured to support launch of the 
Minuteman I-derived Minotaur I Space Launch System, and to support 
launch of long-range ballistic systems such as the Polaris derived A-3 
STARS, the Minuteman-derived Minotaur II and III, and the C-4.
    The activities under these regulations are a major source of noise 
on Kodiak Island, as the operation of launch vehicle engines produce 
substantial sound pressures. Generally, four types of noise occur 
during a launch: (1) Combustion noise; (2) jet noise from interaction 
of combustion exhaust gases with the atmosphere; (3) combustion noise 
proper; and (4) sonic booms. Sonic booms are not a concern for 
pinnipeds on Ugak Island, as sonic booms created by ascending rockets 
launched from the KLC reach the Earth's surface over deep ocean, well 
past the edge of the outer continental shelf (FAA 1996). The noise 
generated by operations at the KLC may result in the incidental 
harassment of pinnipeds, both behaviorally and in terms of 
physiological (auditory) impacts. The noise and visual disturbances 
from space vehicle and missile launch operations may cause the animals 
to move towards or enter the water. If launches occur during the harbor 
seal pupping season, it is possible that harbor seal pups could be 
injured or killed as a result of the adults flushing in response to the 
rocket noise, or the mother/pup bond could be permanently broken.
    However, NMFS does not expect harbor seal pup injury and mortality 
to occur to a great degree due to the pups' precociousness and the 
mothers' overt attention. Furthermore, take of any pinnipeds will be 
minimized through implementation of the following mitigation measures: 
(1) Security overflights immediately associated with the launch will 
not approach occupied pinniped haulouts on Ugak Island by closer than 
0.25 mile (0.4 km), and will maintain a vertical distance of 1,000 ft 
(305 m) from the haulouts when within 0.5 miles (0.8 km), unless 
indications of human presence or activity warrant closer inspection of 
the area to assure that national security interests are protected in 
accordance with law; (2) the AAC will avoid launches during the harbor 
seal pupping season (May 15 to June 30), unless constrained by factors 
including, but not limited to, human safety and national security; and 
(3) if launch monitoring detects pinniped injury or death, or if long-
term trend counts from quarterly aerial surveys indicate that the 
distribution, size, or productivity of the potentially affected 
pinniped populations has been affected due to the specified activity, 
the launch procedures and the monitoring methods will be reviewed, in 
cooperation with NMFS.
    The AAC will also use audio-recording equipment and a remote live-
streaming video system to monitor a harbor seal haulouts before, after, 
and during the first five launches. After the first five launches with 
harbor seal

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presence, the AAC and NMFS will reassess the efficiency of the video 
system before potentially relocating or re-aiming it to another 
haulout. Reports will be submitted to NMFS at the time of request for a 
renewal of the LOA, 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: April 29, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-11453 Filed 5-10-11; 8:45 am]
BILLING CODE 3510-22-P