[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39231-39232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12788]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD059]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to U.S. Space Force Operations at Vandenberg Space Force 
Base, California

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

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

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SUMMARY: NMFS has received a request from the U.S. Space Force (USSF) 
for authorization to take small numbers of six species of marine 
mammals, by Level B harassment only, incidental to rocket and missile 
launches and other base operations at Vandenberg Space Force Base 
(VSFB). USSF is requesting a 5-year Letter of Authorization for takes 
resulting from these activities (2024-2029). Pursuant to regulations 
implementing the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of the Space Force's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals. NMFS invites the public to provide information, suggestions, 
and comments on the Space Force's application and request.

DATES: Comments and information must be received no later than July 17, 
2023.

ADDRESSES: Comments on the applications should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service and should be sent to 
[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 received electronically, including 
all attachments, must not exceed a 25-megabyte file size. All comments 
received are a part of the public record and will generally be posted 
online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All 
personal identifying information (e.g., name, address) 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: Steven Tucker, (301) 427-8401. An 
electronic copy of the USSF application may be obtained online at: 
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these 
documents, please email the contact listed above.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct

[[Page 39232]]

the Secretary of Commerce (as delegated to 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 either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An incidental take authorization shall be granted if NMFS finds 
that the taking will have a negligible impact on the 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.
    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.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    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 November 2, 2022 NMFS received an application from the U.S. 
Space Force, Vandenberg Space Force Base requesting authorization for 
taking of marine mammals by Level B harassment incidental to base 
operations. Following extensive exchange of information between NMFS 
and the applicant, a revised application was submitted on May 25, 2023. 
The revised application was deemed adequate and complete on May 26, 
2023.
    Launch sites at VSFB serve as the point of origin for launches 
conducted by Department of Defense, National Aeronautics and Space 
Administration, and commercial entities. All launch operations would 
occur at VSFB, potentially resulting in impacts to marine mammals at 
VSFB (as a result of launch noise and visual stimuli) and at the 
Northern Channel Islands (as a result of noise from sonic booms). 
Therefore, USSF requests authorization to incidentally take marine 
mammals.

Specified Activities

    U.S. Space Force's request describes activities that are conducted 
to meet mission requirements for VSFB. The base is the primary launch 
facility on the west coast of the United States for placing commercial, 
government, and military satellites into polar orbit on unmanned launch 
vehicles, and for the testing and evaluation of intercontinental 
ballistic missiles (ICBMs) and sub-orbital target and interceptor 
missiles. Related operations include surface launches of space vehicles 
and recovery of first stage boosters, silo launches of intercontinental 
ballistic missiles, test launches related to the Ground Based Strategic 
Defense program (GBSD), operation of various aircraft including 
unmanned aerial systems, and harbor operations. The USSF anticipates an 
incremental increase in the number of launches, culminating with 15 
missile and 110 rocket launches in 2028, the last full calendar year 
that an authorization would be in effect.
    A full description of these activities including descriptions of 
the types of vehicles, estimated number of launches per year and 
proposed marine mammal monitoring, is provided in the USSF's request.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning U.S. Space Force's request (see ADDRESSES). NMFS 
will consider all information, suggestions, and comments related to the 
request during the development of proposed regulations governing the 
incidental taking of marine mammals by U.S. Space Force, if 
appropriate.

    Dated: June 9, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-12788 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-22-P