[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43861-43862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17403]


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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 pinnipeds incidental 
to space vehicle and missile launch operations at the Kodiak Launch 
Complex (KLC) in Kodiak, Alaska.

DATES: Effective from August 1, 2013, through July 31, 2014.

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 also be 
viewed, by appointment, during regular business hours at the following 
address: Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225.

FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of 
Protected Resources, NMFS, 301-427-8401.

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 the 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.

Summary of Request

    On July 1, 2013, NMFS received a request from the AAC for renewal 
of an LOA issued on April 30, 2012, authorizing the take of marine 
mammals incidental to a maximum of 12 space launch vehicles, long-range 
ballistic target missiles, and other smaller missile systems at the 
KLC. The AAC has complied with the measures required in 50 CFR 217.70-
75, as well as the associated 2012-2013 LOA, and submitted the reports 
and other documentation required by the final rule and the 2012-2013 
LOA.

Summary of Activity Under the 2012-2013 LOA

    As described in the AAC's 2012-2013 annual report, launch 
activities conducted at the KLC were within the scope and amounts 
authorized by the 2012-2013 LOA and the levels of take remain within 
the scope and amounts contemplated by the final rule. Zero launches 
occurred at the KLC under the 2012-2013 LOA.

Planned Activities and Estimated Take for 2013-2014

    In 2013-2014, the AAC expects to conduct the same type and amount 
of launches identified in the 2012-2013 LOA. Similarly, the authorized 
take will remain within the annual estimates analyzed in the final 
rule.

Summary of Monitoring and Reporting Under the 2012-2013 LOA

    The AAC submitted their annual monitoring report within the 
required timeframe and the report is posted on NMFS Web site: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS has 
reviewed the report and it contains the information required by the 
2012-2013 LOA. The AAC's monitoring activities included three quarterly 
aerial surveys on July 8, 2012, October 20, 2012, and March 16, 2013. 
The results from these surveys were typical and showed 747-975 harbor 
seals and no Steller sea lions.

Authorization

    The AAC complied with the requirements of the 2012-2013 LOA. Based 
on our review of the record,

[[Page 43862]]

NMFS has determined that the marine mammal take resulting from the 
2012-2013 launch operations falls within the levels previously 
anticipated, analyzed, and authorized. The record supports NMFS' 
conclusion that the number of marine mammals taken by the 2013-2014 
launch operations will have no more than a negligible impact on the 
affected species or stock of marine mammals and will not have an 
unmitigable adverse impact on the availability of these species or 
stocks for taking for subsistence uses. Accordingly, NMFS has issued a 
1-year LOA for launch operations conducted at the KLC from August 1, 
2013, through July 31, 2014.

    Dated: July 16, 2013.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2013-17403 Filed 7-19-13; 8:45 am]
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