Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Rocket Launches from Kodiak, AK, 18201-18202 [E9-9117]
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mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices
13705, Silver Spring, MD 20910. Those
individuals requesting a hearing should
set forth the specific reasons why a
hearing on this particular request would
be appropriate.
Comments may also be submitted by
facsimile at (301)427–2521, provided
the facsimile is confirmed by hard copy
submitted by mail and postmarked no
later than the closing date of the
comment period.
Comments may also be submitted by
e-mail. The mailbox address for
providing e-mail comments is
NMFS.Pr1Comments@noaa.gov. Include
in the subject line of the e-mail
comment the following document
identifier: File No. 14483.
FOR FURTHER INFORMATION CONTACT:
Jennifer Skidmore or Kristy Beard,
(301)713–2289.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended (16
U.S.C. 1361 et seq.), and the regulations
governing the taking and importing of
marine mammals (50 CFR part 216).
The applicant requests authorization
to import three female California sea
lions from Zoo Tiergarten Nuremberg in
Nuremberg, Germany to Ocean World,
Crescent City, California. The applicant
requests this import for the purpose of
public display. The receiving facility,
Ocean World, is: (1) open to the public
on a regularly scheduled basis with
access that is not limited or restricted
other than by charging for an admission
fee; (2) offers an educational program
based on professionally accepted
standards; and (3) holds an Exhibitor’s
License, number 93–C–0389, issued by
the U.S. Department of Agriculture
under the Animal Welfare Act (7 U.S.C.
2131 – 59).
In addition to determining whether
the applicant meets the three public
display criteria, NMFS must determine
whether the applicant has demonstrated
that the proposed activity is humane
and does not represent any unnecessary
risks to the health and welfare of marine
mammals; that the proposed activity by
itself, or in combination with other
activities, will not likely have a
significant adverse impact on the
species or stock; and that the applicant’s
expertise, facilities and resources are
adequate to accomplish successfully the
objectives and activities stated in the
application.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
VerDate Nov<24>2008
20:25 Apr 20, 2009
Jkt 217001
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: April 14, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–8998 Filed 4–20–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XO62
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Rocket Launches from
Kodiak, AK
AGENCY: National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice; Issuance of a Letter of
Authorization.
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) and implementing regulations,
notification is hereby given that a 1–
year Letter of Authorization (LOA) has
been issued to the Alaska Aerospace
Development Corporation (AADC), to
take Steller sea lions (Eumetopias
jubatus) and Pacific harbor seals (Phoca
vitulina richardsi) incidental to rocket
launches from the Kodiak Launch
Complex (KLC).
DATES: Effective April 15, 2009, through
April 14, 2010.
ADDRESSES: The LOA and supporting
documentation are available by writing
to Michael Payne, Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, by telephoning one of the
contacts listed here (see FOR FURTHER
INFORMATION CONTACT), or online at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Howard Goldstein or Jaclyn Daly, Office
of Protected Resources, NMFS, (301)
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
18201
713–2289, or Brad Smith, Alaska
Regional Office, NMFS, (907) 271–3023.
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, on 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 five 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
Steller sea lions and harbor seals, by
harassment, incidental to rocket
launches at KLC, became effective on
February 27, 2006 (71 FR 4297), and
remain in effect until February 28, 2011.
For detailed information on this action,
please refer to that document. These
regulations include mitigation,
monitoring, and reporting requirements
for the incidental taking of marine
mammals during rocket launches at
KLC.
Summary of Request
NMFS received a request for an LOA
pursuant to the aforementioned
regulations that would authorize, for a
period not to exceed 1 year, take of
marine mammals incidental to rocket
launches at KLC.
Summary of Activity and Monitoring
Under the Current LOA
In compliance with the 2008 LOA,
AADC submitted a report on the rocket
launches at KLC. A summary of those
reports (R&M Consultants, 2008)
follows.
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mstockstill on PROD1PC66 with NOTICES
18202
Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices
FTX–03 Mission
Two launches were conducted at KLC
between March 12, 2008, and March 11,
2009. The first was a monitored launch
of a Flight Test Experimental–03 (FTX–
03) long range ballistic missile on July
18, 2008 at 13:47:00 hr ADT. Aerial
surveys to document marine mammals
in the primary survey area (6–mile
radius of the KLC launch pads) were
flown using single-engine fixed-wing
aircraft 1 day prior to (July 17), the day
of (July 18), and 3 days (July 19–21) post
launch. On July 17, 2008, video
equipment and a noise monitor were
deployed on the northeast side of Ugak
Island, 4.2 miles (6.8 km) from the
launch site, and another noise monitor
was deployed on Narrow Cape , 0.9
miles (1.4 km) from the launch site.
Sound level monitoring equipment at
Ugak Island registered noise above
general ambient levels for one minute
thirty three seconds with an SEL of 89.6
dBA. The one-second broadband peak
noise level was 108.3 dBC. The 1/3
octave broadband noise level peaked
between 63 and 250 Hz with a
maximum noise level of 90.7 dB at 100
Hz. Sound level monitoring equipment
at Narrow Cape registered noise above
general ambient levels for one minute
fifty seconds with an SEL of 112.6 dBA.
The one-second broadband peak noise
level was 145.6 dBC. The 1/3 octave
broadband noise level peaked between
63 and 400 Hz with a maximum noise
level at 105.8 dB at 315 Hz.
Video equipment was focused on the
Steller sea lion haulout on the east side
of Ugak Island because no seal lions
were present at the traditional haulout
on the gravel spit at Ugak. This haulout
was occupied by 1–5 seal lions during
the aerial surveys, and 0–3 sea lions
during video monitoring. However, the
camera battery was depleted about two
hours before the launch so the
immediate effects of the launch on
Steller sea lions could not be
determined. However, three sea lions
were seen at the haulout during the
aerial survey conducted within two
hours after the launch, the same number
recorded when the camera battery died;
therefore, if any behavioral impacts did
occur, they were short lived.
Harbor seals were the most abundant
marine mammal counted. Daily totals
ranged from 610 seals on July 20, 2008
to 1,534 seals on July 21, 2008. The
count of harbor seals before the launch
(853 seals) was similar immediately post
launch (840 seals). For the three days
after launch, 744, 610, and 1,534 harbor
seals, respectively, were sighted in the
primary study area. Therefore, NMFS
does not expect that the launch had a
VerDate Nov<24>2008
20:25 Apr 20, 2009
Jkt 217001
long term impact on harbor seals in the
action area.
FTG–05 Mission
The second monitored launch of an
Flight Test Ground-based Interceptor–05
(FTG–05) ballistic missile was
conducted at KLC on December 5, 2008
at 11:04 hr ADT. Five monitoring
surveys were scheduled between
December 4–8, 2008; however, foul
weather precluded flying from all but
one day. No monitoring survey was
completed pre-launch and only one
survey was completed post-launch;
however, one aerial survey was flown
over part of the primary study area three
days before the launch (December 2)
prior to the designated monitoring
surveys. Foul weather precluded
helicopter access to Ugak Island,
therefore no video equipment or sound
monitoring device was deployed at this
location. However, a sound level
monitor was deployed on Narrow Cape.
This noise monitoring device registered
noise above general ambient levels for
one minute forty one seconds with an
SEL of 112.4 dBA. The one-second
broadband peak noise level was 126.1
dBC. The 1/3 octave broadband noise
level peaked between 63 and 400 Hz
with a maximum noise level at 106.6 dB
at 200 Hz.
Steller sea lions did not use the spit
on northern Ugak Island (the traditional
haulout site) during the December 7
survey; however, this has been the trend
during the past few years. One sea lion
was sighted during that day on the
suprtidal rock on the eastern side of
Ugak, the same location where they
were sighted during the FTX–03 launch,
as described above.
During the December 7 survey, 971
harbor seals were sighted in the primary
study area. All were sighted on Ugak
Island with the largest single haulout
located on the northeast side of the
island with 444 seals. Because only one
survey was completed and no video
monitoring system was set up during
the FTG–05 launch, the actual impacts
to Steller sea lions and harbor seals can
not be determined. However, AADC did
collect video monitoring data of Steller
sea lions during a FTG–02 launch in
2006. During that launch, two sea lions
were present on Ugak Rock. The
animals raised their heads in response
to launch noise, which peaked at 105.6
dBC and had an SEL of 90.1dBA over
one minute and eight seconds; however,
they did not flush into the water. For
comparative purposes, the Narrow Cape
the peak noise level during this launch
was 128 dBC with a SEL of 112.5dBA
over one minute 23–seconds which is
comparable to the December FTG–05
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
launch, as described above. Therefore,
NMFS anticipates that reactions of
Steller sea lions, if present, were likely
similar to those recorded previously.
In summary, NMFS concludes the
impacts from the FTX–03 and FTG–05
flight were similar based on similar
acoustic monitoring measurements from
both launches. No mortality or injury
was observed during the FTX–03 launch
and likely did not occur during the
FTG–05 launch.
Authorization
Accordingly, NMFS has issued an
LOA to AADC authorizing takes of
marine mammals incidental to rocket
launches at the KLC. Issuance of this
LOA is based on findings, described in
the preamble to the final rule (71 FR
4297, January 26, 2006) and supported
by information contained in AADC’s
required 2007 annual report, that the
activities described under this LOA will
result in the take of small numbers of
marine mammals, have a negligible
impact on marine mammal stocks, and
will not have an unmitigable adverse
impact on the availability of the affected
marine mammal stocks for subsistence
uses.
Dated: April 16, 2009.
James H. Lecky,
Director, Protected Resources, National
Marine Fisheries Service.
[FR Doc. E9–9117 Filed 4–20–09; 8:45 am]
BILLING CODE 3510–22–S
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Acquisition, Language Enhancement,
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]]>Agencies
[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Notices]
[Pages 18201-18202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9117]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XO62
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Rocket Launches from Kodiak, AK
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice; Issuance of a Letter of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
and implementing regulations, notification is hereby given that a 1-
year Letter of Authorization (LOA) has been issued to the Alaska
Aerospace Development Corporation (AADC), to take Steller sea lions
(Eumetopias jubatus) and Pacific harbor seals (Phoca vitulina
richardsi) incidental to rocket launches from the Kodiak Launch Complex
(KLC).
DATES: Effective April 15, 2009, through April 14, 2010.
ADDRESSES: The LOA and supporting documentation are available by
writing to 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, by
telephoning one of the contacts listed here (see FOR FURTHER
INFORMATION CONTACT), or online at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed,
by appointment, during regular business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jaclyn Daly,
Office of Protected Resources, NMFS, (301) 713-2289, or Brad Smith,
Alaska Regional Office, NMFS, (907) 271-3023.
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, on 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 five 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 Steller sea lions and harbor
seals, by harassment, incidental to rocket launches at KLC, became
effective on February 27, 2006 (71 FR 4297), and remain in effect until
February 28, 2011. For detailed information on this action, please
refer to that document. These regulations include mitigation,
monitoring, and reporting requirements for the incidental taking of
marine mammals during rocket launches at KLC.
Summary of Request
NMFS received a request for an LOA pursuant to the aforementioned
regulations that would authorize, for a period not to exceed 1 year,
take of marine mammals incidental to rocket launches at KLC.
Summary of Activity and Monitoring Under the Current LOA
In compliance with the 2008 LOA, AADC submitted a report on the
rocket launches at KLC. A summary of those reports (R&M Consultants,
2008) follows.
[[Page 18202]]
FTX-03 Mission
Two launches were conducted at KLC between March 12, 2008, and
March 11, 2009. The first was a monitored launch of a Flight Test
Experimental-03 (FTX-03) long range ballistic missile on July 18, 2008
at 13:47:00 hr ADT. Aerial surveys to document marine mammals in the
primary survey area (6-mile radius of the KLC launch pads) were flown
using single-engine fixed-wing aircraft 1 day prior to (July 17), the
day of (July 18), and 3 days (July 19-21) post launch. On July 17,
2008, video equipment and a noise monitor were deployed on the
northeast side of Ugak Island, 4.2 miles (6.8 km) from the launch site,
and another noise monitor was deployed on Narrow Cape , 0.9 miles (1.4
km) from the launch site. Sound level monitoring equipment at Ugak
Island registered noise above general ambient levels for one minute
thirty three seconds with an SEL of 89.6 dBA. The one-second broadband
peak noise level was 108.3 dBC. The 1/3 octave broadband noise level
peaked between 63 and 250 Hz with a maximum noise level of 90.7 dB at
100 Hz. Sound level monitoring equipment at Narrow Cape registered
noise above general ambient levels for one minute fifty seconds with an
SEL of 112.6 dBA. The one-second broadband peak noise level was 145.6
dBC. The 1/3 octave broadband noise level peaked between 63 and 400 Hz
with a maximum noise level at 105.8 dB at 315 Hz.
Video equipment was focused on the Steller sea lion haulout on the
east side of Ugak Island because no seal lions were present at the
traditional haulout on the gravel spit at Ugak. This haulout was
occupied by 1-5 seal lions during the aerial surveys, and 0-3 sea lions
during video monitoring. However, the camera battery was depleted about
two hours before the launch so the immediate effects of the launch on
Steller sea lions could not be determined. However, three sea lions
were seen at the haulout during the aerial survey conducted within two
hours after the launch, the same number recorded when the camera
battery died; therefore, if any behavioral impacts did occur, they were
short lived.
Harbor seals were the most abundant marine mammal counted. Daily
totals ranged from 610 seals on July 20, 2008 to 1,534 seals on July
21, 2008. The count of harbor seals before the launch (853 seals) was
similar immediately post launch (840 seals). For the three days after
launch, 744, 610, and 1,534 harbor seals, respectively, were sighted in
the primary study area. Therefore, NMFS does not expect that the launch
had a long term impact on harbor seals in the action area.
FTG-05 Mission
The second monitored launch of an Flight Test Ground-based
Interceptor-05 (FTG-05) ballistic missile was conducted at KLC on
December 5, 2008 at 11:04 hr ADT. Five monitoring surveys were
scheduled between December 4-8, 2008; however, foul weather precluded
flying from all but one day. No monitoring survey was completed pre-
launch and only one survey was completed post-launch; however, one
aerial survey was flown over part of the primary study area three days
before the launch (December 2) prior to the designated monitoring
surveys. Foul weather precluded helicopter access to Ugak Island,
therefore no video equipment or sound monitoring device was deployed at
this location. However, a sound level monitor was deployed on Narrow
Cape. This noise monitoring device registered noise above general
ambient levels for one minute forty one seconds with an SEL of 112.4
dBA. The one-second broadband peak noise level was 126.1 dBC. The 1/3
octave broadband noise level peaked between 63 and 400 Hz with a
maximum noise level at 106.6 dB at 200 Hz.
Steller sea lions did not use the spit on northern Ugak Island (the
traditional haulout site) during the December 7 survey; however, this
has been the trend during the past few years. One sea lion was sighted
during that day on the suprtidal rock on the eastern side of Ugak, the
same location where they were sighted during the FTX-03 launch, as
described above.
During the December 7 survey, 971 harbor seals were sighted in the
primary study area. All were sighted on Ugak Island with the largest
single haulout located on the northeast side of the island with 444
seals. Because only one survey was completed and no video monitoring
system was set up during the FTG-05 launch, the actual impacts to
Steller sea lions and harbor seals can not be determined. However, AADC
did collect video monitoring data of Steller sea lions during a FTG-02
launch in 2006. During that launch, two sea lions were present on Ugak
Rock. The animals raised their heads in response to launch noise, which
peaked at 105.6 dBC and had an SEL of 90.1dBA over one minute and eight
seconds; however, they did not flush into the water. For comparative
purposes, the Narrow Cape the peak noise level during this launch was
128 dBC with a SEL of 112.5dBA over one minute 23-seconds which is
comparable to the December FTG-05 launch, as described above.
Therefore, NMFS anticipates that reactions of Steller sea lions, if
present, were likely similar to those recorded previously.
In summary, NMFS concludes the impacts from the FTX-03 and FTG-05
flight were similar based on similar acoustic monitoring measurements
from both launches. No mortality or injury was observed during the FTX-
03 launch and likely did not occur during the FTG-05 launch.
Authorization
Accordingly, NMFS has issued an LOA to AADC authorizing takes of
marine mammals incidental to rocket launches at the KLC. Issuance of
this LOA is based on findings, described in the preamble to the final
rule (71 FR 4297, January 26, 2006) and supported by information
contained in AADC's required 2007 annual report, that the activities
described under this LOA will result in the take of small numbers of
marine mammals, have a negligible impact on marine mammal stocks, and
will not have an unmitigable adverse impact on the availability of the
affected marine mammal stocks for subsistence uses.
Dated: April 16, 2009.
James H. Lecky,
Director, Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-9117 Filed 4-20-09; 8:45 am]
BILLING CODE 3510-22-S
