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)

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



[[Page 27472]]

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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.

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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