Notice2023-12788
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Space Force Operations at Vandenberg Space Force Base, California
Primary source
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Published
June 15, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Space Force (USSF) for authorization to take small numbers of six species of marine mammals, by Level B harassment only, incidental to rocket and missile launches and other base operations at Vandenberg Space Force Base (VSFB). USSF is requesting a 5-year Letter of Authorization for takes resulting from these activities (2024-2029). Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Space Force's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the Space Force's application and request.
Full Text
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<title>Federal Register, Volume 88 Issue 115 (Thursday, June 15, 2023)</title>
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[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39231-39232]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12788]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD059]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Space Force Operations at Vandenberg Space Force
Base, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for regulations and letter of
authorization; request for comments and information.
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SUMMARY: NMFS has received a request from the U.S. Space Force (USSF)
for authorization to take small numbers of six species of marine
mammals, by Level B harassment only, incidental to rocket and missile
launches and other base operations at Vandenberg Space Force Base
(VSFB). USSF is requesting a 5-year Letter of Authorization for takes
resulting from these activities (2024-2029). Pursuant to regulations
implementing the Marine Mammal Protection Act (MMPA), NMFS is
announcing receipt of the Space Force's request for the development and
implementation of regulations governing the incidental taking of marine
mammals. NMFS invites the public to provide information, suggestions,
and comments on the Space Force's application and request.
DATES: Comments and information must be received no later than July 17,
2023.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service and should be sent to
<a href="/cdn-cgi/l/email-protection#226b76720c765741494750624c4d43430c454d54"><span class="__cf_email__" data-cfemail="602934304e3415030b0512200e0f01014e070f16">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all attachments, must not exceed a 25-megabyte file size. All comments
received are a part of the public record and will generally be posted
online at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Steven Tucker, (301) 427-8401. An
electronic copy of the USSF application may be obtained online at:
<a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of problems accessing these
documents, please email the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct
[[Page 39232]]
the Secretary of Commerce (as delegated to 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 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 incidental take authorization 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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, 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).
Summary of Request
On November 2, 2022 NMFS received an application from the U.S.
Space Force, Vandenberg Space Force Base requesting authorization for
taking of marine mammals by Level B harassment incidental to base
operations. Following extensive exchange of information between NMFS
and the applicant, a revised application was submitted on May 25, 2023.
The revised application was deemed adequate and complete on May 26,
2023.
Launch sites at VSFB serve as the point of origin for launches
conducted by Department of Defense, National Aeronautics and Space
Administration, and commercial entities. All launch operations would
occur at VSFB, potentially resulting in impacts to marine mammals at
VSFB (as a result of launch noise and visual stimuli) and at the
Northern Channel Islands (as a result of noise from sonic booms).
Therefore, USSF requests authorization to incidentally take marine
mammals.
Specified Activities
U.S. Space Force's request describes activities that are conducted
to meet mission requirements for VSFB. The base is the primary launch
facility on the west coast of the United States for placing commercial,
government, and military satellites into polar orbit on unmanned launch
vehicles, and for the testing and evaluation of intercontinental
ballistic missiles (ICBMs) and sub-orbital target and interceptor
missiles. Related operations include surface launches of space vehicles
and recovery of first stage boosters, silo launches of intercontinental
ballistic missiles, test launches related to the Ground Based Strategic
Defense program (GBSD), operation of various aircraft including
unmanned aerial systems, and harbor operations. The USSF anticipates an
incremental increase in the number of launches, culminating with 15
missile and 110 rocket launches in 2028, the last full calendar year
that an authorization would be in effect.
A full description of these activities including descriptions of
the types of vehicles, estimated number of launches per year and
proposed marine mammal monitoring, is provided in the USSF's request.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning U.S. Space Force's request (see ADDRESSES). NMFS
will consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by U.S. Space Force, if
appropriate.
Dated: June 9, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-12788 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-22-P
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