[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Page 66587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27071]



[[Page 66587]]

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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, 2012, through November 30, 2013.

ADDRESSES: The LOA and supporting documentation are available for 
review on the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. 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 (Public Law 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 October 9, 2012, NMFS received a request for an LOA renewal 
pursuant to the aforementioned regulations that would authorize take of 
pinnipeds, by harassment, incidental to missile launch operations from 
SNI. The Navy requested an 18-month LOA to cover the remaining time 
under their current regulations. However, the regulations specify 
``annual'' LOAs; therefore, NMFS can only issue an LOA not to exceed a 
one-year period.

Summary of Activity Conducted During 2011-2012

    As described in the Navy's annual monitoring report, the missile 
launch operations conducted by the Navy during this time period were 
within the scope and amounts authorized by the 2011-2012 LOA, and the 
levels of take remain within the scope and amounts contemplated by the 
final rule and detailed in the 2011-2012 LOA. A total of 11 launches 
took place using four missile types on seven different days.

Planned Activities and Estimated Take for 2011-2012

    During 2012-2013, the Navy expects to conduct the same type and 
amount of launches identified in the 2011-2012 LOA. Therefore, NMFS is 
authorizing the same amount of take authorized in 2011.

2011-2012 Monitoring

    The Navy conducted the monitoring required by the 2011-2012 LOA and 
described in the Monitoring Plan, which included acoustic monitoring of 
missile launches and visual monitoring of pinnipeds. The Navy submitted 
their 2011-2012 Monitoring Report, which is posted on NMFS' Web site 
(http://www.nmfs.noaa.gov/pr/permits/incidental.htm), within the 
required timeframe. In summary, visual monitoring shows that pinnipeds 
startled and moved in response to launch sounds and most individuals 
returned to normal behavior within 5 minutes.

Authorization

    The Navy complied with the requirements of the 2011-2012 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 2011-2012 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 species 
or stock for subsistence uses does not apply for this action.

    Dated: October 24, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2012-27071 Filed 11-5-12; 8:45 am]
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