[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66264-66265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23257]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[0648-XE710]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Space Vehicle Launch Operations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for letters of authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the Alaska Aerospace 
Corporation (AAC) for authorization to take marine mammals incidental 
to conducting space vehicle launch operations over the course of five 
years, from February 1, 2017 through January 31, 2022. Pursuant to 
regulations implementing the Marine Mammal Protection Act (MMPA), NMFS 
is announcing receipt of the AAC's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on the 
AAC's application and request.

DATES: Comments and information must be received no later than October 
27, 2016.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service. 1315 East-West Highway, 
Silver Spring, MD 20910-3225 and electronic comments should be sent 
[email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments sent via email, including all 
attachments, must not exceed a 25-megabyte file size. Attachments to 
electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/research.htm without change. All personal identifying 
information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Availability

    An electronic copy of the AAC's application may be obtained online 
at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of 
problems accessing the document, please call the contact listed above.

Background

    Section 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), if certain findings are made and regulations are issued.
    Incidental taking shall be allowed if NMFS finds that the taking 
will have a negligible impact on the species or stock(s) affected and 
will not have an unmitigable adverse impact on the availability of the 
species or stock(s) for taking for subsistence uses, and if the 
permissible methods of taking and requirements pertaining to the 
mitigation, monitoring and reporting of such taking are set forth. NMFS 
has defined ``negligible impact'' in 50 CFR

[[Page 66265]]

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.''
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On September 14, 2016, NMFS received an adequate and complete 
application from the AAC requesting authorization for the take of 
marine mammals incidental to space vehicle and missile launch 
activities from the Pacific Spaceport Complex Alaska (PSCA) for a 
period of five years. Space vehicle and missile launch activities have 
the potential to result in take of pinnipeds on nearby haul outs. 
Therefore, AAC requests authorization to take marine mammals that may 
occur in these areas, including Steller sea lions (Eumatopias jubatus) 
and harbor seals (Phoca vitulina richardii).

Specified Activities

    AAC is proposing to launch small to medium space launch vehicles 
from the PSCA. PSCA may also launch a number of smaller missile 
systems, such as tactical or target vehicles. AAC anticipates the 
ability to accommodate nine launches per year.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning AAC's request (see ADDRESSES). Comments should be 
supported by data or literature citations as appropriate. We will 
consider all relevant information, suggestions, and comments related to 
the request during the development of proposed regulations governing 
the incidental taking of marine mammals by AAC, if appropriate.

    Dated: September 20, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-23257 Filed 9-26-16; 8:45 am]
 BILLING CODE 3510-22-P