[Federal Register: July 7, 2010 (Volume 75, Number 129)]
[Notices]
[Page 38991-38992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy10-39]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-AY99
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; receipt of application for regulations and subsequent
letters of authorization; request for comments and information.
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SUMMARY: NMFS has received an application from the Alaska Aerospace
Corporation (AAC) for authorization to take marine mammals incidental
to launching space launch vehicles, long range ballistic target
missiles, and other smaller missile systems at Kodiak Launch Complex
(KLC) for the period of February 2011 through February 2016. Pursuant
to 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 August
6, 2010
ADDRESSES: Comments on the application should be addressed to P.
Michael Payne, Chief, Permits, Conservation and Education Division,
Office of Protected Resources, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address
for providing email comments is PR1.0648-AY99 @noaa.gov. Comments sent
via e-mail, including all attachments, must not exceed a 10-megabyte
file size.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Michelle Magliocca,
Office of Protected Resources, NMFS, (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Availability
A copy of the AAC's application may be obtained by writing to the
address specified above (see ADDRESSES), telephoning the contact listed
above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet
at http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (Secretary) to allow, upon request,
the incidental, but not intentional taking 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 or, if
the taking is limited to harassment, notice of a proposed authorization
is provided to the public for review.
Authorization for incidental takings may 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 certain subsistence uses,
and that 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 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 National Defense Authorization Act (NDAA; Pub. L. 108 136)
removed the ``small numbers'' and ``specified geographical region''
limitations and amended the definition of ``harassment'' as it applies
to a ``military readiness activity'' to read as follows (Section
3(18)(B) of the MMPA):
(i) Any act that injures or has the significant potential to
injure a marine mammal or marine mammal stock in the wild [Level A
Harassment]; or (ii) Any act that disturbs or is likely to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not
limited to, migration, surfacing, nursing, breeding, feeding, or
sheltering, to a point where such behavioral patterns are abandoned
or significantly altered [Level B Harassment].
Summary of Request
On June 4, 2010, NMFS received a complete application from the AAC
requesting authorization for the take of Steller sea lions (Eumetopias
jubatus) and harbor seals (Phoca vitulina), incidental to space vehicle
and missile launch activities from KLC for a period of 5 years. These
launches are designed to support the U.S. Department of Defense
training and operations and hence are considered military readiness
activities. Marine mammals, specifically pinnipeds on nearby haulouts,
may be exposed to launch noise. AAC is requesting the take, by
harassment, of juvenile and adult Steller sea lions and all age class
of harbor seals.
Specified Activities
AAC is proposing to launch small to medium space launch vehicles
ranging in size from the small Castor 120 and the related Peacekeeper
derived Minotaur IV and V vehicles to the medium lift Taurus II
(currently under development) from the KLC. KLC can also support launch
of the Minuteman II and III derived Minotaur I (a space launch vehicle)
through III (which are primarily used as ballistic targets). Additional
target missiles include the C-4 Trident, Quick Reaction Launch
[[Page 38992]]
Vehicles, and tactical missiles such as the Patriot and Theater High
Altitude Area Defense (THAAD). A number of smaller target and
interceptor missile systems may also be flown from KLC. The AAC
anticipates ability to accommodate nine launches per year.
Marine mammals, specifically pinnipeds hauled out on Ugak Rock,
which lies immediately south of Narrow Cape, would be subjected to
rocket launch noise. Sound monitoring previously conducted on Ugak Rock
demonstrates that noise levels could reach up to 101.4 dBA for the
loudest vehicle, the Castor 120. AAC is requesting the take of 10
Steller sea lions per launch and the take of 125 harbor seals per
launch.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the AAC's request (see ADDRESSES). All information,
suggestions, and comments related to the AAC's request and NMFS'
potential development and implementation of regulations governing the
incidental taking of marine mammals by the AAC near the KLC will be
considered by NMFS in developing, if appropriate, regulations governing
the issuance of letters of authorization.
Dated: June 29, 2010.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2010-16493 Filed 7-6-10; 8:45 am]
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