[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Pages 32919-32920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13320]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-XD320]


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, 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 
at San Nicolas Island (SNI), California, a military readiness activity.

DATES: Effective June 3, 2014, through June 3, 2019.

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 West Coast Regional Office, NMFS, 501 
West Ocean Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: John Fiorentino, 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 9, 2014 and are effective June 3, 2014, through June 3, 2019. 
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.
    This LOA is effective from June 3, 2014, through June 3, 2019, and 
authorizes the incidental take of the three marine mammal species 
listed above that may result from missile launch activities at SNI.
    These activities may result in take, by Level B harassment, of 
marine mammals. In summary, potential effects of the specified activity 
on marine mammals involve both acoustic and non-acoustic effects. 
Acoustic effects are related 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. Detailed information on each potential 
effect (acoustic impacts, behavioral reactions of pinnipeds to missile 
launches, stampede-related injury or mortality from missile launches) 
is provided in the final rule.
    Take of marine mammals will be minimized through the implementation 
of the following mitigation measures, provided that doing so will not 
compromise operational safety, human safety, national security, or 
other requirements or mission goals:
    (1) Limit activities near the beaches in advance of launches;
    (2) Avoid launch activities during harbor seal pupping season 
(February through April);
    (3) Limit launch activities during other pinniped pupping seasons;
    (4) Not launch missiles from the Alpha Complex at low elevation 
(less than 305 m) on launch azimuths that pass close to pinniped haul-
out sites when occupied;
    (5) Avoid launching multiple missiles in quick succession over 
haul-out sites, especially when young pups are present;
    (6) Limit launch activities during nighttime hours, except when 
required by mission objectives;

[[Page 32920]]

    (7) Maintain a minimum altitude of 305 m from pinniped haul-outs 
and rookeries for aircraft and helicopter flight paths during missile 
launch operations, 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.
    (8) Review the launch procedure and monitoring methods, in 
cooperation with NMFS, if any incidents of injury or mortality of a 
pinniped discovered during post-launch surveys or indications of 
affects to the distribution, size, or productivity of the affected 
pinniped populations as a result of the authorized activities are 
thought to have occurred. If necessary, appropriate changes must be 
made through modification to this LOA prior to conducting the next 
launch of the same vehicle.
    Through this LOA, the Navy is required to monitor for marine 
mammals. The Navy will submit annual technical reports to NMFS no later 
than December 31 of each year for the duration of the regulations. 
These reports will provide full documentation of methods, results, and 
interpretation pertaining to all monitoring tasks for launches during 
each calendar year. However, only preliminary information will be 
included for any launches during the 60-day period immediately 
preceding submission. The Navy will submit a draft comprehensive 
technical report to NMFS 180 days prior to the expiration of the 
regulations, providing full documentation of the methods, results, and 
interpretation of all monitoring tasks for launches to date. A revised 
final comprehensive technical report, including all monitoring results 
during the entire period of the regulations will be due 90 days after 
the regulations expire.

    Dated: June 3, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2014-13320 Filed 6-6-14; 8:45 am]
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