Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Air Force Launches, Aircraft and Helicopter Operations, and Harbor Activities Related To Launch Vehicles From Vandenberg Air Force Base (VAFB), California, 18528-18529 [2014-07316]
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tkelley on DSK3SPTVN1PROD with NOTICES
18528
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices
currently authorized. In Modification
#25, the SWFSC is requesting the permit
be amended to authorize multiple
biopsy samples of humpback whales
(Megaptera novaeangliae) in the
Southern Ocean to determine if the
stable isotope signature is different on
different parts of the body. Specifically,
they request to biopsy up to 25
humpback whales no more than 5 times
each in a 12-month period. No more
than three samples would be collected
within 24 hours. The number of
humpback whales that would be taken
annually would not change from what is
currently authorized. The expiration
date of the permit would also be
extended by 12 months, to June 30,
2016.
A draft supplemental environmental
assessment (SEA) was prepared in
compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), to examine whether
significant environmental impacts could
result from issuance of either proposed
amendment to the scientific research
permit. Based on the analyses in the
draft SEA, NMFS determined that
issuance of the permit amendments
would not significantly impact the
quality of the human environment and
that preparation of an environmental
impact statement was not required. The
draft SEA is available upon request. The
EA prepared for the original permit
resulted in a Finding of No Significant
Impact (FONSI), signed on July 1, 2010.
That EA and FONSI are also available
upon request.
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.
Documents may be reviewed in the
following locations:
Permits and Conservation Division,
Office of Protected Resources, NMFS,
1315 East-West Highway, Room
13705, Silver Spring, MD 20910;
phone (301)427–8401; fax (301)713–
0376;
Northwest Region, NMFS, 7600 Sand
Point Way NE., BIN C15700, Bldg. 1,
Seattle, WA 98115–0700; phone
(206)526–6150; fax (206)526–6426;
Alaska Region, NMFS, P.O. Box 21668,
Juneau, AK 99802–1668; phone
(907)586–7221; fax (907)586–7249;
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562)980–
4001; fax (562)980–4018; and
Pacific Islands Region, NMFS, 1601
Kapiolani Blvd., Rm 1110, Honolulu,
HI 96814–4700; phone (808)944–
2200; fax (808)973–2941.
VerDate Mar<15>2010
17:01 Apr 01, 2014
Jkt 232001
Dated: March 28, 2014.
Tammy C. Adams,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2014–07370 Filed 4–1–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD203
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Air Force Launches,
Aircraft and Helicopter Operations, and
Harbor Activities Related To Launch
Vehicles From Vandenberg Air Force
Base (VAFB), California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of a Letter of
Authorization.
AGENCY:
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 U.S. Air Force (USAF) to take
marine mammals, by harassment,
incidental to launches, aircraft and
helicopter operations from VAFB
launch complexes and Delta Mariner
operations, cargo unloading activities,
and harbor maintenance dredging in
support of the Delta IV/Evolved
Expendable Launch Vehicle (EELV)
launch activity on south VAFB.
DATES: Effective from March 26, 2014,
through March 26, 2019.
ADDRESSES: The LOA and supporting
documentation may be obtained by
writing to Jolie Harrison, Supervisor,
Incidental Take Program, Permits and
Conservation Division, Office of
Protected Resources, NMFS, 1315 East
West Highway, Silver Spring, MD
20910, calling the contact listed under
FOR FURTHER INFORMATION CONTACT, or
visiting the Internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may also be viewed, by
appointment, during regular business
hours at the above address.
FOR FURTHER INFORMATION CONTACT:
Candace Nachman, Office of Protected
Resources, NMFS, (301) 427–8401.
SUMMARY:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs the Secretary
of Commerce (Secretary) 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 ‘‘take’’
means to harass, hunt, capture, or kill or
to attempt to harass, hunt, capture, or
kill any marine mammal.
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 of 2004 (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].’’ Because the USAF’s
activities constitute military readiness
activities, they are not subject to the
small numbers or specified geographic
region limitations.
Regulations governing the take of five
species of marine mammals, by Level B
harassment, incidental to launches,
aircraft and helicopter operations, and
harbor activities related to vehicles from
VAFB were issued on February 24, 2014
(79 FR 10016). These regulations are
effective from March 26, 2014, through
March 26, 2019. The species which are
E:\FR\FM\02APN1.SGM
02APN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Notices
authorized for taking by Level B
harassment are: Pacific harbor seals;
California sea lions; northern elephant
seals; northern fur seals; and Steller sea
lions. For detailed information on this
action, please refer to the final rule (79
FR 10016, February 24, 2014). These
regulations include mitigation,
monitoring, and reporting requirements
for the incidental take of marine
mammals during the specified activities.
This LOA is effective from March 26,
2014, through March 26, 2019, and
authorizes the incidental take of the five
marine mammal species listed above
that may result from launches, aircraft
and helicopter operations, and harbor
activities related to vehicles from VAFB,
California.
The USAF states that these activities
may result in take of marine mammals
from noise or visual disturbance from
rocket and missile launches, as well as
from the use of heavy equipment during
the Delta Mariner (or similar vessel) offloading operations, cargo movement
activities, increased presence of
personnel, and harbor maintenance
dredging. The USAF launch and aircraft
activities 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. Generally,
noise is generated from four sources
during launches: (1) Combustion noise
from launch vehicle chambers; (2) jet
noise generated by the interaction of the
exhaust jet and the atmosphere; (3)
combustion noise from the post-burning
of combustion products; and (4) sonic
booms. Launch noise levels are highly
dependent on the type of first-stage
booster and the fuel used to propel the
vehicle. Therefore, there is a great
similarity in launch noise production
within each class size of launch
vehicles. The noise generated by VAFB
activities will result in the incidental
harassment of pinnipeds, both
behaviorally and in terms of
physiological (auditory) impacts.
Acoustic and visual stimuli generated
by the use of heavy equipment during
the Delta Mariner (or similar vessel) offloading operations and harbor dredging
and the increased presence of personnel
may have the potential to cause Level B
harassment of any pinnipeds hauled out
in the VAFB harbor. This disturbance
from acoustic and visual stimuli is the
principal means of marine mammal
taking associated with these activities.
VerDate Mar<15>2010
17:01 Apr 01, 2014
Jkt 232001
Take of marine mammals will be
minimized through the 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 (e.g., Point Sal,
Purisima Point, Rocky Point), except in
emergencies or for real-time security
incidents (e.g., search-and-rescue, firefighting) which may require
approaching pinniped haul-outs and
rookeries closer than 1,000 ft (305 m);
(2) for missile and rocket launches,
unless constrained by other factors
including human safety, national
security concerns or launch trajectories,
holders of LOAs must schedule
launches to avoid, whenever possible,
launches during the harbor seal pupping
season of March through June; (3) the
USAF must avoid, whenever possible,
launches which are predicted to
produce a sonic boom on the NCI during
harbor seal, elephant seal, California sea
lion, and northern fur seal pupping
seasons; and (4) if post-launch surveys
determine that an injurious or lethal
take of a marine mammal has occurred,
the launch procedure and the
monitoring methods must be reviewed,
in cooperation with NMFS, and
appropriate changes must be made
through modification to an LOA, prior
to conducting the next launch of the
same vehicle under that LOA. To
minimize marine mammal takes during
harbor activities, the following
mitigation measures will be
implemented: (1) If activities occur
during nighttime hours, turn on lighting
equipment before dusk. The lights
would remain on for the entire night to
avoid startling pinnipeds; (2) initiate
operations before dusk; (3) keep
construction noises at a constant level
(i.e., not interrupted by periods of quiet
in excess of 30 minutes) while
pinnipeds are present; (4) if activities
cease for longer than 30 minutes and
pinnipeds are in the area, initiate a
gradual start-up of activities to ensure a
gradual increase in noise levels; (5) a
qualified observer would visually
monitor the harbor seals on the beach
adjacent to the harbor and on rocks for
any flushing or other behaviors as a
result of the activities; (6) the Delta
Mariner (or similar vessel) and
accompanying vessels would enter the
harbor only when the tide is too high for
harbor seals to haul-out on the rocks;
reducing speed to 1.5 to 2 knots (1.5–
2 nm/hr; 2.8–3.7 km/hr) once the vessel
is within 3 mi (4.83 km) of the harbor.
The vessel would enter the harbor stern
first, approaching the wharf and
moorings at less than 0.75 knot (1.4 km/
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
18529
hr); and (7) explore alternate dredge
methods and introduce quieter
techniques and equipment as they
become available.
Through this LOA, the USAF is
required to monitor for marine
mammals. The USAF is required to
submit an annual report to NMFS by
March 1 of each year. The report will
include data collected from the
monitoring program. Additional
information on the mitigation,
monitoring, and reporting requirements
can be found in the final rule (79 FR
10016, February 26, 2014). The USAF is
also required to submit a comprehensive
report, which shall provide full
documentation of methods, results, and
interpretation of all monitoring during
the period of effectiveness of this LOA.
Dated: March 26, 2014.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2014–07316 Filed 4–1–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XB094
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Sturgeon
Research in the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; withdrawal of a request
for incidental take authorization.
AGENCY:
Notice is hereby given that
the U.S. Fish and Wildlife Service
(FWS) has withdrawn its request for
authorization to take small numbers of
marine mammals incidental to
conducting sturgeon research in the
Gulf of Mexico (GOM), over the course
of five years from the date of issuance.
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION: On
January 27, 2012, we received a
complete application from FWS
requesting authorization for take of four
species of marine mammal incidental to
sturgeon research conducted by and in
collaboration with FWS in the GOM. On
April 10, 2012 (77 FR 21539), we
published a Notice of Receipt of that
request in the Federal Register, inviting
information, suggestions, and comments
SUMMARY:
E:\FR\FM\02APN1.SGM
02APN1
]]>Agencies
[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18528-18529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07316]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD203
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Air Force Launches, Aircraft and Helicopter
Operations, and Harbor Activities Related To Launch Vehicles From
Vandenberg Air Force Base (VAFB), California
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 U.S. Air
Force (USAF) to take marine mammals, by harassment, incidental to
launches, aircraft and helicopter operations from VAFB launch complexes
and Delta Mariner operations, cargo unloading activities, and harbor
maintenance dredging in support of the Delta IV/Evolved Expendable
Launch Vehicle (EELV) launch activity on south VAFB.
DATES: Effective from March 26, 2014, through March 26, 2019.
ADDRESSES: The LOA and supporting documentation may be obtained by
writing to Jolie Harrison, Supervisor, Incidental Take Program, Permits
and Conservation Division, Office of Protected Resources, NMFS, 1315
East West Highway, Silver Spring, MD 20910, calling the contact listed
under FOR FURTHER INFORMATION CONTACT, or visiting the Internet at:
https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in
this notice may also be viewed, by appointment, during regular business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce (Secretary) 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
``take'' means to harass, hunt, capture, or kill or to attempt to
harass, hunt, capture, or kill any marine mammal.
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 of 2004 (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].'' Because the USAF's
activities constitute military readiness activities, they are not
subject to the small numbers or specified geographic region
limitations.
Regulations governing the take of five species of marine mammals,
by Level B harassment, incidental to launches, aircraft and helicopter
operations, and harbor activities related to vehicles from VAFB were
issued on February 24, 2014 (79 FR 10016). These regulations are
effective from March 26, 2014, through March 26, 2019. The species
which are
[[Page 18529]]
authorized for taking by Level B harassment are: Pacific harbor seals;
California sea lions; northern elephant seals; northern fur seals; and
Steller sea lions. For detailed information on this action, please
refer to the final rule (79 FR 10016, February 24, 2014). These
regulations include mitigation, monitoring, and reporting requirements
for the incidental take of marine mammals during the specified
activities.
This LOA is effective from March 26, 2014, through March 26, 2019,
and authorizes the incidental take of the five marine mammal species
listed above that may result from launches, aircraft and helicopter
operations, and harbor activities related to vehicles from VAFB,
California.
The USAF states that these activities may result in take of marine
mammals from noise or visual disturbance from rocket and missile
launches, as well as from the use of heavy equipment during the Delta
Mariner (or similar vessel) off-loading operations, cargo movement
activities, increased presence of personnel, and harbor maintenance
dredging. The USAF launch and aircraft activities 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. Generally, noise is
generated from four sources during launches: (1) Combustion noise from
launch vehicle chambers; (2) jet noise generated by the interaction of
the exhaust jet and the atmosphere; (3) combustion noise from the post-
burning of combustion products; and (4) sonic booms. Launch noise
levels are highly dependent on the type of first-stage booster and the
fuel used to propel the vehicle. Therefore, there is a great similarity
in launch noise production within each class size of launch vehicles.
The noise generated by VAFB activities will result in the incidental
harassment of pinnipeds, both behaviorally and in terms of
physiological (auditory) impacts.
Acoustic and visual stimuli generated by the use of heavy equipment
during the Delta Mariner (or similar vessel) off-loading operations and
harbor dredging and the increased presence of personnel may have the
potential to cause Level B harassment of any pinnipeds hauled out in
the VAFB harbor. This disturbance from acoustic and visual stimuli is
the principal means of marine mammal taking associated with these
activities.
Take of marine mammals will be minimized through the 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 (e.g., Point Sal, Purisima
Point, Rocky Point), except in emergencies or for real-time security
incidents (e.g., search-and-rescue, fire-fighting) which may require
approaching pinniped haul-outs and rookeries closer than 1,000 ft (305
m); (2) for missile and rocket launches, unless constrained by other
factors including human safety, national security concerns or launch
trajectories, holders of LOAs must schedule launches to avoid, whenever
possible, launches during the harbor seal pupping season of March
through June; (3) the USAF must avoid, whenever possible, launches
which are predicted to produce a sonic boom on the NCI during harbor
seal, elephant seal, California sea lion, and northern fur seal pupping
seasons; and (4) if post-launch surveys determine that an injurious or
lethal take of a marine mammal has occurred, the launch procedure and
the monitoring methods must be reviewed, in cooperation with NMFS, and
appropriate changes must be made through modification to an LOA, prior
to conducting the next launch of the same vehicle under that LOA. To
minimize marine mammal takes during harbor activities, the following
mitigation measures will be implemented: (1) If activities occur during
nighttime hours, turn on lighting equipment before dusk. The lights
would remain on for the entire night to avoid startling pinnipeds; (2)
initiate operations before dusk; (3) keep construction noises at a
constant level (i.e., not interrupted by periods of quiet in excess of
30 minutes) while pinnipeds are present; (4) if activities cease for
longer than 30 minutes and pinnipeds are in the area, initiate a
gradual start-up of activities to ensure a gradual increase in noise
levels; (5) a qualified observer would visually monitor the harbor
seals on the beach adjacent to the harbor and on rocks for any flushing
or other behaviors as a result of the activities; (6) the Delta Mariner
(or similar vessel) and accompanying vessels would enter the harbor
only when the tide is too high for harbor seals to haul-out on the
rocks; reducing speed to 1.5 to 2 knots (1.5-2 nm/hr; 2.8-3.7 km/hr)
once the vessel is within 3 mi (4.83 km) of the harbor. The vessel
would enter the harbor stern first, approaching the wharf and moorings
at less than 0.75 knot (1.4 km/hr); and (7) explore alternate dredge
methods and introduce quieter techniques and equipment as they become
available.
Through this LOA, the USAF is required to monitor for marine
mammals. The USAF is required to submit an annual report to NMFS by
March 1 of each year. The report will include data collected from the
monitoring program. Additional information on the mitigation,
monitoring, and reporting requirements can be found in the final rule
(79 FR 10016, February 26, 2014). The USAF is also required to submit a
comprehensive report, which shall provide full documentation of
methods, results, and interpretation of all monitoring during the
period of effectiveness of this LOA.
Dated: March 26, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-07316 Filed 4-1-14; 8:45 am]
BILLING CODE 3510-22-P
