[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73600-73601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30731]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA832


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Missile Launch Operations From San Nicolas Island, CA

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Department of 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 operations 
from San Nicolas Island (SNI), California, a military readiness 
activity.

DATES: Effective December 1, 2011, through November 30, 2012.

ADDRESSES: The LOA and supporting documentation are available for 
review by writing to P. Michael Payne, Chief, Permits and Conservation 
Division, Office of Protected Resources, National Marine Fisheries 
Service (NMFS), 1315 East West Highway, Silver Spring, MD 20910 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: Michelle Magliocca, Office of 
Protected Resources, NMFS, (301) 427-8401, 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 
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 (Pub. L. 108-136) removed the 
``small numbers'' and ``specified geographical region'' limitations. 
Under the MMPA, the term ``take'' 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 (where 
relevant). In addition, NMFS must prescribe regulations that include 
permissible methods of taking and other means of 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 northern elephant seals 
(Mirounga angustirostris), Pacific harbor seals (Phoca vitulina 
richardsi), and California sea lions (Zalophus californianus), by 
harassment, incidental to missile launch operations 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. The regulations include mitigation, monitoring, and 
reporting requirements for the incidental take of marine mammals during 
missile launches at SNI.

Summary of Request

    On November 10, 2011, NMFS received a request for an LOA renewal 
pursuant to the aforementioned regulations that would authorize, for a 
period not to exceed 1 year, take of pinnipeds, by harassment, 
incidental to missile launch operations from San Nicolas Island, CA.

Summary of Activity and Monitoring Conducted During 2010-2011

    The Navy's monitoring report covers an extended period of time 
because NMFS issued a modified LOA in December 2010, that superseded 
the previous LOA issued in June 2010. As described in the Navy's 
monitoring report, the missile launch operations conducted by the Navy 
during this time period were within the scope and amounts authorized by 
the 2010-2011 LOA, and the levels of take remain within the scope and 
amounts contemplated by the final rule and detailed in the 2010-2011 
LOA.

Planned Activities and Estimated Take for 2011-2012

    During 2011-2012, the Navy expects to conduct the same type and 
amount of launches identified in the 2010-2011 LOA. Therefore, NMFS is 
authorizing the same amount of take authorized in 2010.

2010-2011 Monitoring

    The Navy conducted the monitoring required by the 2010-2011 LOA and 
described in the Monitoring Plan, which included acoustic monitoring or 
missile launches and visual monitoring of pinnipeds. The Navy submitted 
their 2010-2011 Monitoring Report, which is posted on NMFS' Web site 
(http://www.nmfs.noaa.gov/pr/permits/incidental.htm), within the 
required timeframe. The Navy summarized their 2010-2011 monitoring 
efforts and results (beginning on page 11 of the report), which 
included 19 acoustic recordings and video recordings of more than 500 
animals.

Authorization

    The Navy complied with the requirements of the 2010-2011 LOA and 
NMFS has determined that there was no evidence of pinniped injuries or 
mortalities related to vehicle launches from SNI. The Navy's activities 
fell within the scope of the activities analyzed in the 2009 rule, and 
the observed take did not exceed that authorized in the 2010-2011 LOA. 
NMFS has determined that this action continues to have a negligible 
impact on the affected species or stocks of marine mammals on SNI. 
Accordingly, NMFS has issued an LOA to the Navy authorizing the take of 
marine mammals, by harassment, incidental to missile launch activities 
from SNI. The provision requiring that the activities not have an 
unmitigable adverse impact on the availability of the affected

[[Page 73601]]

species or stock for subsistence uses does not apply for this action.

    Dated: November 23, 2011.
P. Michael Payne,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2011-30731 Filed 11-28-11; 8:45 am]
BILLING CODE 3510-22-P