82 FR 27472 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Space Vehicle and Missile Launch Operations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 114 (June 15, 2017)

Page Range		27472-27472
FR Document		2017-12355

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 Alaska Aerospace Corporation (AAC), for the take of marine mammals incidental to space vehicle and missile launch operations at the Pacific Spaceport Complex Alaska (PSCA) on Kodiak Island, Alaska.

Federal Register, Volume 82 Issue 114 (Thursday, June 15, 2017)

[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Notices]
[Page 27472]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12355]



[[Page 27472]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF434


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Space Vehicle and Missile Launch 
Operations

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 Alaska 
Aerospace Corporation (AAC), for the take of marine mammals incidental 
to space vehicle and missile launch operations at the Pacific Spaceport 
Complex Alaska (PSCA) on Kodiak Island, Alaska.

DATES: Effective from May 11, 2017, to April 25, 2022.

ADDRESSES: The LOA and supporting documents may be obtained online at: 
www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of 
problems accessing these documents, please call the contact listed 
below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected 
Resources, NMFS, 301-427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce 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 either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall 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 subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
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.''
    NMFS has defined ``unmitigable adverse impact'' in 50 CFR 216.103 
as an impact resulting from the specified activity:

    (1) That is likely to reduce the availability of the species to 
a level insufficient for a harvest to meet subsistence needs by: (i) 
Causing the marine mammals to abandon or avoid hunting areas; (ii) 
directly displacing subsistence users; or (iii) placing physical 
barriers between the marine mammals and the subsistence hunters; and
    (2) That cannot be sufficiently mitigated by other measures to 
increase the availability of marine mammals to allow subsistence 
needs to be met.

    Except with respect to certain activities not pertinent here, 
section 3(18) of the MMPA defines ``harassment'' as: Any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Regulations governing the taking of harbor seals (Phoca vitulina 
richardii), by Level B harassment, incidental to AAC's space vehicle 
and missile launch operations at the PSCA, were issued on March 24, 
2017 (82 FR 14996) and remain in effect until April 25, 2022. For 
detailed information on the action, please refer to that document. The 
regulations include mitigation, monitoring, and reporting requirements 
for the incidental take of marine mammals during space vehicle and 
missile launch operations at the PSCA.

Summary of Request

    On April 25, 2016, NMFS received a request for regulations and 
subsequent LOA from AAC for the taking of small numbers of marine 
mammals incidental to space vehicle and missile launch operations at 
the PSCA. NMFS has previously issued regulations and subsequent LOAs to 
AAC authorizing the taking of marine mammals incidental to launches at 
PSCA (76 FR 16311; March 23, 2011 and 71 FR 4297; January 26, 2006). 
AAC has complied with the measures required in 50 CFR 217.70-75, as 
well as the associated LOAs, and submitted monitoring reports and other 
documentation required by the previous regulations and LOAs.
    Orbital and suborbital launch vehicles (i.e., rockets, missiles) 
are launched from PSCA as part of the aerospace industry. AAC estimates 
the total number of vehicles that may be launched over the course of 
the 5-year period covered by the regulations is 45, with a maximum of 9 
launches per year. AAC's operations produce noise that may result in 
Level B harassment of harbor seals that are hauled out on Ugak Island, 
just south of the launch site. A maximum of 315 harbor seals annually 
could be taken by Level B harassment with 1,575 harbor seals taken over 
the 5-year effective period of the regulations. AAC expects to conduct 
the same type and amount of launches as in previous rules. Similarly, 
the authorized take will remain within the annual estimates analyzed in 
the final rule making.

Authorization

    We have issued an LOA to AAC authorizing the take of marine mammals 
incidental to space vehicle and missile launch operations, as described 
above. Take of marine mammals will be minimized through implementation 
of mitigation measures designed to reduce impacts on pinnipeds by not 
approaching haulouts within a certain horizontal and vertical distance 
during security overflights and also using the launch pad equipped with 
a concrete and water-filled flame trench to absorb light and noise at 
lift off for all Castor 120-equivalent launches (i.e., the loudest 
rocket used by AAC). Additionally, the rule includes an adaptive 
management component that allows for timely modification of mitigation 
or monitoring measures based on new information, when appropriate. The 
AAC will submit reports as required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under this LOA 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: June 9, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-12355 Filed 6-14-17; 8:45 am]
 BILLING CODE 3510-22-P

27472 Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Notices

DEPARTMENT OF COMMERCE pertaining to the mitigation, monitoring 217.70–75, as well as the associated
and reporting of such takings are set LOAs, and submitted monitoring reports
National Oceanic and Atmospheric forth. NMFS has defined ‘‘negligible and other documentation required by
Administration impact’’ in 50 CFR 216.103 as ‘‘an the previous regulations and LOAs.
RIN 0648–XF434 impact resulting from the specified Orbital and suborbital launch vehicles
activity that cannot be reasonably (i.e., rockets, missiles) are launched
Takes of Marine Mammals Incidental to expected to, and is not reasonably likely from PSCA as part of the aerospace
Specified Activities; Taking Marine to, adversely affect the species or stock industry. AAC estimates the total
Mammals Incidental to Space Vehicle through effects on annual rates of number of vehicles that may be
and Missile Launch Operations recruitment or survival.’’ launched over the course of the 5-year
NMFS has defined ‘‘unmitigable
AGENCY: National Marine Fisheries period covered by the regulations is 45,
adverse impact’’ in 50 CFR 216.103 as
Service (NMFS), National Oceanic and with a maximum of 9 launches per year.
an impact resulting from the specified
Atmospheric Administration (NOAA), AAC’s operations produce noise that
activity:
Commerce. may result in Level B harassment of
(1) That is likely to reduce the availability harbor seals that are hauled out on Ugak
ACTION: Notice of issuance of a Letter of of the species to a level insufficient for a
Authorization. Island, just south of the launch site. A
harvest to meet subsistence needs by: (i)
maximum of 315 harbor seals annually
Causing the marine mammals to abandon or
SUMMARY: In accordance with the avoid hunting areas; (ii) directly displacing could be taken by Level B harassment
Marine Mammal Protection Act subsistence users; or (iii) placing physical with 1,575 harbor seals taken over the
(MMPA), as amended, and barriers between the marine mammals and 5-year effective period of the
implementing regulations, notification the subsistence hunters; and regulations. AAC expects to conduct the
is hereby given that a Letter of (2) That cannot be sufficiently mitigated by same type and amount of launches as in
Authorization (LOA) has been issued to other measures to increase the availability of previous rules. Similarly, the authorized
the Alaska Aerospace Corporation marine mammals to allow subsistence needs take will remain within the annual
to be met.
(AAC), for the take of marine mammals estimates analyzed in the final rule
incidental to space vehicle and missile Except with respect to certain making.
launch operations at the Pacific activities not pertinent here, section
3(18) of the MMPA defines Authorization
Spaceport Complex Alaska (PSCA) on
Kodiak Island, Alaska. ‘‘harassment’’ as: Any act of pursuit, We have issued an LOA to AAC
DATES: Effective from May 11, 2017, to torment, or annoyance which (i) has the authorizing the take of marine mammals
April 25, 2022. potential to injure a marine mammal or incidental to space vehicle and missile
marine mammal stock in the wild (Level launch operations, as described above.
ADDRESSES: The LOA and supporting
A harassment); or (ii) has the potential
documents may be obtained online at: Take of marine mammals will be
to disturb a marine mammal or marine
www.nmfs.noaa.gov/pr/permits/ minimized through implementation of
mammal stock in the wild by causing
incidental/research.htm. In case of mitigation measures designed to reduce
disruption of behavioral patterns,
problems accessing these documents, impacts on pinnipeds by not
including, but not limited to, migration,
please call the contact listed below (see approaching haulouts within a certain
breathing, nursing, breeding, feeding, or
FOR FURTHER INFORMATION CONTACT). horizontal and vertical distance during
sheltering (Level B harassment).
FOR FURTHER INFORMATION CONTACT: Regulations governing the taking of security overflights and also using the
Stephanie Egger, Office of Protected harbor seals (Phoca vitulina richardii), launch pad equipped with a concrete
Resources, NMFS, 301–427–8401. by Level B harassment, incidental to and water-filled flame trench to absorb
SUPPLEMENTARY INFORMATION: AAC’s space vehicle and missile launch light and noise at lift off for all Castor
operations at the PSCA, were issued on 120-equivalent launches (i.e., the
Background loudest rocket used by AAC).
March 24, 2017 (82 FR 14996) and
Sections 101(a)(5)(A) and (D) of the remain in effect until April 25, 2022. Additionally, the rule includes an
MMPA (16 U.S.C. 1361 et seq.) direct For detailed information on the action, adaptive management component that
the Secretary of Commerce to allow, please refer to that document. The allows for timely modification of
upon request, the incidental, but not regulations include mitigation, mitigation or monitoring measures
intentional, taking of small numbers of monitoring, and reporting requirements based on new information, when
marine mammals by U.S. citizens who for the incidental take of marine appropriate. The AAC will submit
engage in a specified activity (other than mammals during space vehicle and reports as required.
commercial fishing) within a specified missile launch operations at the PSCA. Based on these findings and the
geographical region if certain findings information discussed in the preamble
are made and either regulations are Summary of Request to the final rule, the activities described
issued or, if the taking is limited to On April 25, 2016, NMFS received a under this LOA will have a negligible
harassment, a notice of a proposed request for regulations and subsequent impact on marine mammal stocks and
authorization is provided to the public LOA from AAC for the taking of small will not have an unmitigable adverse
for review. numbers of marine mammals incidental impact on the availability of the affected
An authorization for incidental to space vehicle and missile launch marine mammal stock for subsistence
pmangrum on DSK3GDR082PROD with NOTICES

takings shall be granted if NMFS finds operations at the PSCA. NMFS has uses.
that the taking will have a negligible previously issued regulations and
Dated: June 9, 2017.
impact on the species or stock(s), will subsequent LOAs to AAC authorizing
not have an unmitigable adverse impact the taking of marine mammals Donna S. Wieting,
on the availability of the species or incidental to launches at PSCA (76 FR Director, Office of Protected Resources,
stock(s) for subsistence uses (where 16311; March 23, 2011 and 71 FR 4297; National Marine Fisheries Service.
relevant), and if the permissible January 26, 2006). AAC has complied [FR Doc. 2017–12355 Filed 6–14–17; 8:45 am]
methods of taking and requirements with the measures required in 50 CFR BILLING CODE 3510–22–P

VerDate Sep<11>2014 14:10 Jun 14, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 E:\FR\FM\15JNN1.SGM 15JNN1

Document Created: 2017-06-15 01:03:56
Document Modified: 2017-06-15 01:03:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of issuance of a Letter of Authorization.
Dates		Effective from May 11, 2017, to April 25, 2022.
Contact		Stephanie Egger, Office of Protected Resources, NMFS, 301-427-8401.
FR Citation		82 FR 27472
RIN Number		0648-XF43

82 FR 27472 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Space Vehicle and Missile Launch Operations

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 114 (June 15, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration