Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Missile Launch Operations from San Nicolas Island, CA, 28587-28588 [2010-12294]
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emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices
within the Shatsky Rise area in the
northwest Pacific Ocean may result, at
worst, in a temporary modification in
behavior (Level B harassment) of small
numbers of marine mammals. Further,
this activity is expected to result in a
negligible impact on the affected species
or stocks of marine mammals. The
provision requiring that the activity not
have an unmitigable impact on the
availability of the affected species or
stock of marine mammals for
subsistence uses is not implicated for
this proposed action.
For reasons stated previously in this
document, the specified activities
associated with the proposed survey are
not likely to cause TTS, PTS or other
non-auditory injury, serious injury, or
death to affected marine mammals
because:
(1) The likelihood that, given
sufficient notice through relatively slow
ship speed, marine mammals are
expected to move away from a noise
source that is annoying prior to its
becoming potentially injurious;
(2) The fact that cetaceans would have
to be closer than 940 m (0.6 mi) in deep
water when the full array is in use at a
9 m (29.5 ft) tow depth from the vessel
to be exposed to levels of sound
believed to have even a minimal chance
of causing PTS;
(3) The fact that marine mammals
would have to be closer than 3,850 m
(2.4 mi) in deep water when the full
array is in use at a 9 m (29.5 ft) tow
depth from the vessel to be exposed to
levels of sound (160 dB) believed to
have even a minimal chance at causing
TTS; and
(4) The likelihood that marine
mammal detection ability by trained
observers is high at that short distance
from the vessel.
As a result, no take by injury, serious
injury, or death is anticipated or
authorized, and the potential for
temporary or permanent hearing
impairment is very low and will be
avoided through the incorporation of
the proposed monitoring and mitigation
measures.
While the number of marine
mammals potentially incidentally
harassed will depend on the
distribution and abundance of marine
mammals in the vicinity of the survey
activity, the number of potential Level
B incidental harassment takings (see
Table 3 above this section) is estimated
to be small, less than two percent of any
of the estimated population sizes based
on the data disclosed in Table 2 of this
notice, and has been mitigated to the
lowest level practicable through
incorporation of the monitoring and
VerDate Mar<15>2010
16:40 May 20, 2010
Jkt 220001
mitigation measures mentioned
previously in this document.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to L–DEO for conducting a
marine geophysical survey at the
Shatsky Rise area in the northwest
Pacific Ocean, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
The duration of the IHA would not
exceed one year from the date of its
issuance.
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this proposed project and
NMFS’ preliminary determination of
issuing an IHA (see ADDRESSES).
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: May 17, 2010.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–12296 Filed 5–20–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XW03
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Missile Launch
Operations from San Nicolas Island,
CA
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
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 Naval Air Warfare Center Weapons
Division, U.S. Navy (Navy), to take three
species of seals and sea lions incidental
to missile launch operations from San
Nicolas Island (SNI), California, a
military readiness activity.
DATES: Effective June 4, 2010, through
June 3, 2011.
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
28587
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
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:
Michelle Magliocca, Office of Protected
Resources, NMFS, 301–713–2289, 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. However, for military readiness
activities, the National Defense
Authorization Act (Public Law 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations. Under the MMPA, the term
‘‘take’’ 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 of
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
northern elephant seals (Mirounga
angustirostris), Pacific harbor seals
E:\FR\FM\21MYN1.SGM
21MYN1
28588
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices
(Phoca vitulina richardsi), and
California sea lions (Zalophus
californianus), by harassment,
incidental to missile launch operations
at SNI, were issued on June 2, 2009, and
remain in effect until June 2, 2014 (74
FR 26580, June 3, 2009). For detailed
information on this action, please refer
to that document. The regulations
include mitigation, monitoring, and
reporting requirements for the
incidental take of marine mammals
during missile launches at SNI.
emcdonald on DSK2BSOYB1PROD with NOTICES
Summary of Request
On April 19, 2010, NMFS received a
request for an LOA renewal pursuant to
the aforementioned regulations that
would authorize, for a period not to
exceed 1 year, take of pinnipeds, by
harassment, incidental to missile launch
operations from San Nicolas Island, CA.
Summary of Activity and Monitoring
Conducted During 2009 and 2010
The Navy’s monitoring report for June
2009 through December 2009 describes
three single launches from SNI on three
different days. These launches occurred
at night during the Airborne Laser (ABL)
testing program. A single Terrier-Lynx
was launched on each of two days, June
6 and 13, 2009, and a single TerrierBlack Brant was launched on August 10,
2009. Vehicles were launched from the
807 Launch Complex located close to
shore on the western end of SNI, 11 m
above sea level. The launch azimuths
caused the vehicles to pass over or near
various pinniped monitoring and
acoustic measurement sites where
Autonomous Terrestrial Acoustic
Recorders (ATARs) and video systems
had been deployed. The video data were
supplemented by direct visual scans of
the haul-out groups several hours prior
to the launches and following one of the
launches. For each launch, the number,
proportion, and (where determinable)
ages of the individual pinnipeds that
responded in various ways were
extracted from the video, along with
comparable data for those that did not
respond overtly. Approximately 750
California sea lions, 60 Pacific harbor
seals, and no northern elephant seals are
estimated to have been harassed by
launches during the June-December
2009 monitoring report. The authorized
level of take was not exceeded and no
evidence of injury or mortality was
observed during or immediately
succeeding the launches for the
monitored pinniped species.
Description of 2010 Activities
This LOA is effective from June 4,
2010, through June 3, 2011, and
authorizes the incidental take of the
VerDate Mar<15>2010
16:40 May 20, 2010
Jkt 220001
three pinniped species listed above that
may result from the launching of up to
40 missiles from SNI per year. Up to 10
launches per year may occur at night.
Nighttime launches will only occur
when required by the test objectives,
e.g., when testing the Airborne Laser
system (ABL). Northern elephant seals,
Pacific harbor seals, and California sea
lions are found on various haul-out sites
and rookeries on SNI.
Potential impacts of the planned
missile launch operations from SNI on
marine mammals involve both acoustic
and non-acoustic effects. Acoustic
effects relate to sound produced by the
engines of all launch vehicles, and, in
some cases, their booster rockets.
Potential non-acoustic effects could
result from the physical presence of
personnel during placement of video
and acoustical monitoring equipment.
However, careful deployment of
monitoring equipment is not expected
to result in any disturbance to
pinnipeds hauled out nearby. Any
visual disturbance caused by passage of
a vehicle overhead is likely to be minor
and brief as the launch vehicles are
relatively small and move at great
speed. The noise generated by Navy
activities may result in the incidental
harassment of pinnipeds, both
behaviorally and in terms of
physiological (auditory) impacts. The
noise and visual disturbances from
missile launches may cause the animals
to move towards or enter the water. This
LOA authorizes the following numbers
of pinnipeds to be incidentally taken by
Level B harassment: 474 northern
elephant seals; 467 Pacific harbor seals;
and 1606 California sea lions.
Take of pinnipeds will be minimized
through implementation of the
following mitigation measures: (1) The
Navy must avoid launch activities
during harbor seal pupping season
(February through April), unless
constrained by factors including, but not
limited to, human safety, national
security, or for launch trajectory
necessary to meet mission objectives; (2)
the Navy must limit launch activities
during other pinniped pupping seasons,
unless constrained by factors including,
but not limited to, human safety,
national security, or for launch
trajectory necessary to meet mission
objectives; (3) the Navy must not launch
missiles from the Alpha Complex at low
elevation (less than 305 m [1,000 ft]) on
launch azimuths that pass close to
pinniped haul-out site(s) when
occupied; (4) the Navy must avoid
multiple vehicle launches in quick
succession over haul-out sites when
occupied, especially when young pups
are present, except when required by
PO 00000
Frm 00047
Fmt 4703
Sfmt 9990
mission objectives; and (5) the Navy
must limit launch activities during
nighttime hours, except when required
by mission objectives (e.g., up to 10
nighttime launches for ABL testing per
year). Additionally, for 2 hours prior to,
during, and approximately 30 minutes
following each launch, personnel are
not allowed near any of the pinniped
haul-out beaches that are close to the
flight track on the western end of SNI.
Associated fixed-wing and rotary
aircraft will maintain an altitude of at
least 305 m (1,000 ft) when traveling
near beaches on which pinnipeds are
hauled out, except in emergencies or for
real-time security incidents (e.g., searchand-rescue, fire-fighting, adverse
weather conditions), which may require
approaching pinniped haul-outs and
rookeries closer than 305 m (1,000 ft).
Additionally, plain monitoring methods
will be reviewed by NMFS if postlaunch surveys determine that an
injurious or lethal take of a marine
mammal occurred. The Navy will also
use monitoring surveys and time-lapse
video to monitor the animals before,
during, and after missile 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.
Authorization
The Navy complied with the
requirements of the 2009 LOA and
NMFS has determined that there was no
evidence of pinniped injuries or
fatalities related to vehicle launches
from SNI. The Navy’s activities fell
within the scope of the activities
analyzed in the 2009 rule and the
observed take did not exceed that
authorized in the 2009 LOA. NMFS has
determined that this action continues to
have a negligible impact on the affected
species or stocks of marine mammals on
SNI. Accordingly, NMFS has issued a
LOA to the Navy authorizing the take of
marine mammals, by harassment,
incidental to missile launch activities
from SNI. The provision requiring that
the activities not have an unmitigable
adverse impact on the availability of the
affected species or stock for subsistence
uses does not apply for this action.
Dated: May 17, 2010.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–12294 Filed 5–20–10; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\21MYN1.SGM
21MYN1
]]>Agencies
[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28587-28588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12294]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XW03
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Missile Launch Operations from San Nicolas Island, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), 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 Naval Air
Warfare Center Weapons Division, U.S. Navy (Navy), to take three
species of seals and sea lions incidental to missile launch operations
from San Nicolas Island (SNI), California, a military readiness
activity.
DATES: Effective June 4, 2010, through June 3, 2011.
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 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: Michelle Magliocca, Office of
Protected Resources, NMFS, 301-713-2289, 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. However, for military
readiness activities, the National Defense Authorization Act (Public
Law 108-136) removed the ``small numbers'' and ``specified geographical
region'' limitations. Under the MMPA, the term ``take'' 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 of 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 northern elephant seals
(Mirounga angustirostris), Pacific harbor seals
[[Page 28588]]
(Phoca vitulina richardsi), and California sea lions (Zalophus
californianus), by harassment, incidental to missile launch operations
at SNI, were issued on June 2, 2009, and remain in effect until June 2,
2014 (74 FR 26580, June 3, 2009). For detailed information on this
action, please refer to that document. The regulations include
mitigation, monitoring, and reporting requirements for the incidental
take of marine mammals during missile launches at SNI.
Summary of Request
On April 19, 2010, NMFS received a request for an LOA renewal
pursuant to the aforementioned regulations that would authorize, for a
period not to exceed 1 year, take of pinnipeds, by harassment,
incidental to missile launch operations from San Nicolas Island, CA.
Summary of Activity and Monitoring Conducted During 2009 and 2010
The Navy's monitoring report for June 2009 through December 2009
describes three single launches from SNI on three different days. These
launches occurred at night during the Airborne Laser (ABL) testing
program. A single Terrier-Lynx was launched on each of two days, June 6
and 13, 2009, and a single Terrier-Black Brant was launched on August
10, 2009. Vehicles were launched from the 807 Launch Complex located
close to shore on the western end of SNI, 11 m above sea level. The
launch azimuths caused the vehicles to pass over or near various
pinniped monitoring and acoustic measurement sites where Autonomous
Terrestrial Acoustic Recorders (ATARs) and video systems had been
deployed. The video data were supplemented by direct visual scans of
the haul-out groups several hours prior to the launches and following
one of the launches. For each launch, the number, proportion, and
(where determinable) ages of the individual pinnipeds that responded in
various ways were extracted from the video, along with comparable data
for those that did not respond overtly. Approximately 750 California
sea lions, 60 Pacific harbor seals, and no northern elephant seals are
estimated to have been harassed by launches during the June-December
2009 monitoring report. The authorized level of take was not exceeded
and no evidence of injury or mortality was observed during or
immediately succeeding the launches for the monitored pinniped species.
Description of 2010 Activities
This LOA is effective from June 4, 2010, through June 3, 2011, and
authorizes the incidental take of the three pinniped species listed
above that may result from the launching of up to 40 missiles from SNI
per year. Up to 10 launches per year may occur at night. Nighttime
launches will only occur when required by the test objectives, e.g.,
when testing the Airborne Laser system (ABL). Northern elephant seals,
Pacific harbor seals, and California sea lions are found on various
haul-out sites and rookeries on SNI.
Potential impacts of the planned missile launch operations from SNI
on marine mammals involve both acoustic and non-acoustic effects.
Acoustic effects relate to sound produced by the engines of all launch
vehicles, and, in some cases, their booster rockets. Potential non-
acoustic effects could result from the physical presence of personnel
during placement of video and acoustical monitoring equipment. However,
careful deployment of monitoring equipment is not expected to result in
any disturbance to pinnipeds hauled out nearby. Any visual disturbance
caused by passage of a vehicle overhead is likely to be minor and brief
as the launch vehicles are relatively small and move at great speed.
The noise generated by Navy activities may result in the incidental
harassment of pinnipeds, both behaviorally and in terms of
physiological (auditory) impacts. The noise and visual disturbances
from missile launches may cause the animals to move towards or enter
the water. This LOA authorizes the following numbers of pinnipeds to be
incidentally taken by Level B harassment: 474 northern elephant seals;
467 Pacific harbor seals; and 1606 California sea lions.
Take of pinnipeds will be minimized through implementation of the
following mitigation measures: (1) The Navy must avoid launch
activities during harbor seal pupping season (February through April),
unless constrained by factors including, but not limited to, human
safety, national security, or for launch trajectory necessary to meet
mission objectives; (2) the Navy must limit launch activities during
other pinniped pupping seasons, unless constrained by factors
including, but not limited to, human safety, national security, or for
launch trajectory necessary to meet mission objectives; (3) the Navy
must not launch missiles from the Alpha Complex at low elevation (less
than 305 m [1,000 ft]) on launch azimuths that pass close to pinniped
haul-out site(s) when occupied; (4) the Navy must avoid multiple
vehicle launches in quick succession over haul-out sites when occupied,
especially when young pups are present, except when required by mission
objectives; and (5) the Navy must limit launch activities during
nighttime hours, except when required by mission objectives (e.g., up
to 10 nighttime launches for ABL testing per year). Additionally, for 2
hours prior to, during, and approximately 30 minutes following each
launch, personnel are not allowed near any of the pinniped haul-out
beaches that are close to the flight track on the western end of SNI.
Associated fixed-wing and rotary aircraft will maintain an altitude of
at least 305 m (1,000 ft) when traveling near beaches on which
pinnipeds are hauled out, except in emergencies or for real-time
security incidents (e.g., search-and-rescue, fire-fighting, adverse
weather conditions), which may require approaching pinniped haul-outs
and rookeries closer than 305 m (1,000 ft). Additionally, plain
monitoring methods will be reviewed by NMFS if post-launch surveys
determine that an injurious or lethal take of a marine mammal occurred.
The Navy will also use monitoring surveys and time-lapse video to
monitor the animals before, during, and after missile 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.
Authorization
The Navy complied with the requirements of the 2009 LOA and NMFS
has determined that there was no evidence of pinniped injuries or
fatalities related to vehicle launches from SNI. The Navy's activities
fell within the scope of the activities analyzed in the 2009 rule and
the observed take did not exceed that authorized in the 2009 LOA. NMFS
has determined that this action continues to have a negligible impact
on the affected species or stocks of marine mammals on SNI.
Accordingly, NMFS has issued a LOA to the Navy authorizing the take of
marine mammals, by harassment, incidental to missile launch activities
from SNI. The provision requiring that the activities not have an
unmitigable adverse impact on the availability of the affected species
or stock for subsistence uses does not apply for this action.
Dated: May 17, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-12294 Filed 5-20-10; 8:45 am]
BILLING CODE 3510-22-S
