Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities from Vandenberg Air Force Base, CA, 7034-7035 [E9-3043]

Download as PDF 7034 Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices Schreiber Way, Coeur d’Alene, Idaho 83815. FOR FURTHER INFORMATION CONTACT: Ranotta K. McNair, Forest Supervisor and Designated Federal Official, at (208) 765–7369. SUPPLEMENTARY INFORMATION: The meeting agenda will focus on reviewing accomplishments for the past years and reviewing projects for funding during the business meeting. The public forum begins at 1 p.m. Dated: February 5, 2009. Ranotta K. McNair, Forest Supervisor. [FR Doc. E9–2937 Filed 2–11–09; 8:45 am] BILLING CODE 3410–11–M 12 noon - 1:30 p.m. Lunch on your own DEPARTMENT OF COMMERCE 1:30 p.m. - 5 p.m. National Oceanic and Atmospheric Administration •Review Ault and Appeldoorn Papers (Presentation) •Other Business Recreational Fishing (G. GarciaMoliner) Monitoring of Regulations in Place (G. Garcia-Moliner) RIN: 0648–XN26 Caribbean Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings of the Annual Catch Limit Plan Development Group (ACLG) and Scientific and Statistical Committee (SSC). AGENCY: SUMMARY: The Caribbean Fishery Management Council will hold meetings of its ACLG and SSC. DATES: The ACLG will meet on February 23–25, 2009, and the SSC will meet on February 26–27, 2009. Both meetings will be held at the Embassy Suites Hotel, located at 8080 Tartak St., Isla Verde, Carolina, Puerto Rico 00979. FOR FURTHER INFORMATION CONTACT: Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 00918; telephone: (787) 766–5926. SUPPLEMENTARY INFORMATION: The ACLG will meet to discuss the items contained in the following agenda: February 23, 2009 pwalker on PROD1PC71 with NOTICES 9:30 a.m. - 12 noon •Call to Order •Welcome (Mr. E. Pineiro-Soler, CFMC Chair) •Introduction and Overview (Mr. Miguel A. Rolon, CFMC Executive Director) •Final Guidelines Update (Dr. Andy Strelcheck) VerDate Nov<24>2008 17:03 Feb 11, 2009 Jkt 217001 •Overview of ACLG (Annual Catch Limit Plan Development Group) Terms of Reference (TOR) •Report from the SEDAR Caribbean Data Evaluation Workshop (Dr. Todd Gedamke) Data Availability on Fisheries Overfished and Undergoing Overfishing and Other Fisheries Data Availability for (1) USVI (St. Thomas) (W. Tobias); (2) USVI (St. Croix) (W. Tobias); and (3) Puerto Rico (Daniel Matos) SEDAR Summary Table on benchmarks and/or Overfishing Limit Advice •National SSC Meeting Report (Dr. J. Berkson) •Presentation on USVI Approach to ACLs (Dr. D. Olsen) •ACLG Report •National SSC Report •Recommendations to the CFMC •SEDAR Report •Other Business •Next Meeting Special Accommodations The meetings are physically accessible to people with disabilities. For more information or request for sign language interpretation and/other auxiliary aids, please contact Mr. Miguel A. Rolon, Executive Director, Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 00918; telephone: (787) 766–5926, at least 5 days prior to the meeting date. Dated: February 9, 2009. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–3011 Filed 2–11–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE February 24, 2009 National Oceanic and Atmospheric Administration 9 a.m. - 12 noon; 1:30 p.m. - 5 p.m. RIN 0648–XN20 12 noon - 1:30 p.m. Lunch on your own Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities from Vandenberg Air Force Base, CA •Questions to Answer: •USVI Group - (Leader: Todd Gedamke) St. Thomas/St. John St. Croix •PR Group - (Leader: Noemi Pena) February 25, 2009 9 a.m. - 5 p.m. 12 noon - 1:30 p.m. Lunch on your own •Report from USVI (Dr. Todd Gedamke) •Report from Puerto Rico (Ms. Noemi Pena) •Determination of ACLs and AMs By Fishery (SFA Units: Groupers Unit 4, Parrotfishes, Queen Conch, etc.) By Species By Area By Gear •Recommendations to the SSC (TORs) •Other Business •Next Meeting The SSC will meet to discuss the items contained in the following agenda: February 26–27, 2009 9:30 a.m. - 5 p.m. •Call to Order •Annual Catch Limits(ACL)/ Accountability Measures(AM)Final Guidelines - Andy Strelcheck PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 AGENCY: National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of issuance of a Letter of Authorization. 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 30th Space Wing, U.S. Air Force, to take four species of seals and sea lions incidental to rocket and missile launches on Vandenberg Air Force Base (VAFB), California, a military readiness activity.DATES: Effective February 7, 2009, through February 6, 2010. ADDRESSES: The LOA and supporting documentation are available for review by writing to P. Michael Payne, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD 20910–3225 or by telephoning one of the contacts listed E:\FR\FM\12FEN1.SGM 12FEN1 Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices below (FOR FURTHER INFORMATION CONTACT). Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address and at the Southwest Regional Office, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802. FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected Resources, NMFS, (301) 713–2289 ext. 156, or Monica DeAngelis, NMFS, (562) 980–3232. SUPPLEMENTARY INFORMATION: pwalker on PROD1PC71 with NOTICES Background Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the National Marine Fisheries Service (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. Under the MMPA, the term ≥taking≥ 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. In addition, NMFS must prescribe regulations that include permissible methods of taking and other means 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 Pacific harbor seals (Phoca vitulina richardsi), northern elephant seals (Mirounga angustirostris), California sea lions (Zalophus californianus), and northern fur seals (Callorhinus ursinus), by harassment, incidental to missile and rocket launches, aircraft flight test operations, and helicopter operations at VAFB, were issued on February 6, 2009 (74 FR 6236), and remain in effect until February 6, 2014. For detailed information on this action, please refer to that document. These regulations include mitigation, monitoring, and reporting requirements for the incidental take of marine mammals VerDate Nov<24>2008 17:03 Feb 11, 2009 Jkt 217001 during missile and rocket launches at VAFB. This LOA is effective from February 7, 2009, through February 6, 2010, and authorizes the incidental take of the four marine mammal species listed above that may result from the launching of up to 30 space and missile vehicles and up to 20 rockets annually from VAFB, as well as from aircraft and helicopter operations. Harbor seals haul-out on several sites on VAFB, and harbor seals, California sea lions, elephant seals, and northern fur seals are found on various haul-out sites and rookeries on San Miguel Island. Currently, six space launch vehicle programs use VAFB to launch satellites into polar orbit: Delta II, Taurus, Atlas V, Delta IV, Falcon, and Minotaur. Also a variety of small missiles, several types of interceptor and target vehicles, and fixed-wing aircrafts are launched from VAFB. The activities under these regulations create two types of noise: continuous (but short-duration) noise, due mostly to combustion effects of aircraft and launch vehicles, and impulsive noise, due to sonic boom effects. Launch operations are the major source of noise on the marine environment from VAFB. The operation of launch vehicle engines produces significant sound levels. The noise generated by VAFB activities will result in the incidental harassment of pinnipeds, both behaviorally and in terms of physiological (auditory) impacts. The noise and visual disturbances from space launch vehicle and missile launches and aircraft and helicopter operations may cause the animals to move towards or enter the water. Take of pinnipeds will be minimized through implementation of the following mitigation measures: (1) all aircraft and helicopter flight paths must maintain a minimum distance of 1,000 ft (305 m) from recognized seal haul-outs and rookeries; (2) missile and rocket launches must, whenever possible, not be conducted during the harbor seal pupping season of March through June; (3) VAFB must avoid, whenever possible, launches which are predicted to produce a sonic boom on the Northern Channel Islands during the primary pinniped pupping seasons of March through June; and (4) monitoring methods will be reviewed by NMFS if post-launch surveys determine that an injurious or lethal take of a marine mammal occurred. VAFB will also use monitoring surveys, audio-recording equipment, and time-lapse video to monitor the animals before, during, and after rocket launches, and to measure sound levels generated by the launches. Reports will be submitted to NMFS after each LOA expires, and a final PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 7035 comprehensive report, which will summarize all previous reports and assess cumulative impacts, will be submitted before the rule expires. This LOA will be renewed annually based on review of the annual monitoring report. Dated: February 6, 2009. Angela Somma, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–3043 Filed 2–11–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF DEFENSE Department of the Navy Notice of Partially Closed Meeting of the U.S. Naval Academy Board of Visitors Department of the Navy, DoD. Notice. AGENCY: ACTION: SUMMARY: The U.S. Naval Academy Board of Visitors will meet to make such inquiry, as the Board shall deem necessary into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy. The executive session of this meeting will include discussions of the personnel issues at the Naval Academy, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The executive session of this meeting will be closed to the public. The discussion of such information would be exempt from public disclosure as set forth in section 552b(c)(5), (6), and (7) of title 5, United States Code. For this reason, the executive session of this meeting will be closed to the public. DATES: The open session of the meeting will be held on Monday, March 2, 2009, from 8 a.m. to 11 a.m. The closed Executive Session will be held from 11 a.m. to 12 p.m. ADDRESSES: The meeting will be held in Bo Coppedge Room, Alumni Hall, U.S. Naval Academy, Annapolis, MD. The meeting will be handicap accessible. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander David S. Forman, USN, Executive Secretary to the Board of Visitors, Office of the Superintendent, U.S. Naval Academy, Annapolis, MD 21402–5000, telephone: 410–293–1503. SUPPLEMENTARY INFORMATION: This notice of meeting is provided per the Federal Advisory Committee Act, as amended (5 U.S.C. App.). The executive session of the meeting will consist of E:\FR\FM\12FEN1.SGM 12FEN1

Agencies

[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Notices]
[Pages 7034-7035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3043]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN20


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Space Vehicle and Test Flight Activities from Vandenberg 
Air Force Base, CA

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of issuance of a Letter of Authorization.

-----------------------------------------------------------------------

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 30th Space 
Wing, U.S. Air Force, to take four species of seals and sea lions 
incidental to rocket and missile launches on Vandenberg Air Force Base 
(VAFB), California, a military readiness activity.DATES: Effective 
February 7, 2009, through February 6, 2010.

ADDRESSES: The LOA and supporting documentation are available for 
review by writing to P. Michael Payne, Chief, Permits, Conservation, 
and Education Division, Office of Protected Resources, National Marine 
Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD 
20910-3225 or by telephoning one of the contacts listed

[[Page 7035]]

below (FOR FURTHER INFORMATION CONTACT). Documents cited in this notice 
may be viewed, by appointment, during regular business hours, at the 
aforementioned address and at the Southwest Regional Office, NMFS, 501 
West Ocean Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289 ext. 156, 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 
the National Marine Fisheries Service (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. Under the MMPA, the term 
taking 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. In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means 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 Pacific harbor seals (Phoca 
vitulina richardsi), northern elephant seals (Mirounga angustirostris), 
California sea lions (Zalophus californianus), and northern fur seals 
(Callorhinus ursinus), by harassment, incidental to missile and rocket 
launches, aircraft flight test operations, and helicopter operations at 
VAFB, were issued on February 6, 2009 (74 FR 6236), and remain in 
effect until February 6, 2014. For detailed information on this action, 
please refer to that document. These regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during missile and rocket launches at VAFB.
    This LOA is effective from February 7, 2009, through February 6, 
2010, and authorizes the incidental take of the four marine mammal 
species listed above that may result from the launching of up to 30 
space and missile vehicles and up to 20 rockets annually from VAFB, as 
well as from aircraft and helicopter operations. Harbor seals haul-out 
on several sites on VAFB, and harbor seals, California sea lions, 
elephant seals, and northern fur seals are found on various haul-out 
sites and rookeries on San Miguel Island. Currently, six space launch 
vehicle programs use VAFB to launch satellites into polar orbit: Delta 
II, Taurus, Atlas V, Delta IV, Falcon, and Minotaur. Also a variety of 
small missiles, several types of interceptor and target vehicles, and 
fixed-wing aircrafts are launched from VAFB.
    The activities under these regulations create two types of noise: 
continuous (but short-duration) noise, due mostly to combustion effects 
of aircraft and launch vehicles, and impulsive noise, due to sonic boom 
effects. Launch operations are the major source of noise on the marine 
environment from VAFB. The operation of launch vehicle engines produces 
significant sound levels. The noise generated by VAFB activities will 
result in the incidental harassment of pinnipeds, both behaviorally and 
in terms of physiological (auditory) impacts. The noise and visual 
disturbances from space launch vehicle and missile launches and 
aircraft and helicopter operations may cause the animals to move 
towards or enter the water. Take of pinnipeds will be minimized through 
implementation of the following mitigation measures: (1) all aircraft 
and helicopter flight paths must maintain a minimum distance of 1,000 
ft (305 m) from recognized seal haul-outs and rookeries; (2) missile 
and rocket launches must, whenever possible, not be conducted during 
the harbor seal pupping season of March through June; (3) VAFB must 
avoid, whenever possible, launches which are predicted to produce a 
sonic boom on the Northern Channel Islands during the primary pinniped 
pupping seasons of March through June; and (4) monitoring methods will 
be reviewed by NMFS if post-launch surveys determine that an injurious 
or lethal take of a marine mammal occurred. VAFB will also use 
monitoring surveys, audio-recording equipment, and time-lapse video to 
monitor the animals before, during, and after rocket launches, and to 
measure sound levels generated by the launches. Reports will be 
submitted to NMFS after each LOA expires, and a final comprehensive 
report, which will summarize all previous reports and assess cumulative 
impacts, will be submitted before the rule expires. This LOA will be 
renewed annually based on review of the annual monitoring report.

    Dated: February 6, 2009.
Angela Somma,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E9-3043 Filed 2-11-09; 8:45 am]
BILLING CODE 3510-22-S