[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Notices]
[Pages 7536-7537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1975]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 020206A]
Incidental Take of Marine Mammals; Taking of 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.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, notification is hereby given that a letter of authorization
(LOA) to take 3 species of marine mammals incidental to missile launch
operations from San Nicolas Island, CA (SNI) has been issued to the
Naval Air Warfare Center Weapons Division (NAWC-WD), Point Mugu, CA.
DATES: This authorization is effective from February 3, 2006, through
February 2, 2007.
ADDRESSES: The application and LOA are available for review in the
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead or Layne Bolen,
NMFS, (301) 713-2289.
[[Page 7537]]
SUPPLEMENTARY INFORMATION:
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
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 by NMFS 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 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 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 pertaining to the monitoring and
reporting of such taking. Regulations governing the taking incidental
to target missile operations on San Nicolas Island, CA, were published
on September 2, 2003 (68 FR 52132), and remain in effect until October
2, 2008.
Pursuant to these regulations, NMFS has issued an LOA to the NAWC-
WD. Issuance of the LOA is based on findings made in the preamble to
the final rule that the total takings by this project will result in
only small numbers (as the term is defined in 50 CFR 216.103) of marine
mammals being taken. In addition, given the implementation of the
mitigation requirements contained in the LOA, the resultant incidental
harassment will have no more than a negligible impact on the affected
marine mammal stocks or habitats and will not have an unmitigable
adverse impact on the availability of such species or stock for taking
for subsistence uses. NMFS also finds that the applicant will meet the
requirements contained in the implementing regulations and LOA,
including monitoring and reporting requirements. This LOA will be
renewed annually based on a review of the activity, completion of
monitoring requirements and receipt of reports required by the LOA.
Dated: February 3, 2006.
James H. Lecky,
Director Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E6-1975 Filed 2-10-06; 8:45 am]
BILLING CODE 3510-22-S