[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Notices]
[Pages 43120-43124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20545]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 081195B]


Small Takes of Marine Mammals Incidental to Specified Activities; 
McDonnell Douglas Aerospace Delta II Vehicles at Vandenberg Air Force 
Base, CA

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of application and proposed authorization for 
a small take exemption; request for comments.

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SUMMARY: NMFS has received a request from the U.S. Air Force for 
authorization to take small numbers of harbor seals by harassment 
incidental to launches of McDonnell Douglas Aerospace (MDA) Delta II 
(Delta II) vehicles at Space Launch Complex 2W (SLC-2W), Vandenberg Air 
Force Base, CA (Vandenberg). Under the Marine Mammal Protection Act 
(MMPA), NMFS is requesting comments on its proposal to authorize the 
Air Force to incidentally take, by harassment, small numbers of harbor 
seals, California sea lions and northern elephant seals in the vicinity 
of Vandenberg for a period of 1 year.

DATES: Comments and information must be received no later than 
September 18, 1995.

ADDRESSES: Comments on the application should be addressed to Chief, 
Marine Mammal Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. A 
copy of the application, a list of the references used in this 
document, or the programmatic environmental assessment (EA), may be 
obtained by writing to this address or by telephoning one of the 
contacts listed below.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of 
Protected Resources at 301-713-2055, or Craig Wingert, Southwest 
Regional Office at 310-980-4021.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional taking 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.
    Permission 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 subsistence uses; and the permissible methods of taking 
and requirements pertaining to the monitoring and reporting of such 
taking are set forth.
    On April 30, 1994, the President signed Public Law 103-238, The 
Marine Mammal Protection Act Amendments of 1994. One part of this law 
added a new subsection 101(a)(5)(D) to the MMPA to establish an 
expedited process by which citizens of the United States can apply for 
an authorization to incidentally take small numbers of marine mammals 
by harassment for a period of up to one year. The MMPA defines 
``harassment'' as:

    ...any act of pursuit, torment, or annoyance which (a) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild; or (b) 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.

    New subsection 101(a)(5)(D) establishes a 45-day time limit for 
NMFS review of an application followed by a 30-day public notice and 
comment period on any proposed authorizations for the incidental 
harassment of small numbers of marine mammals. Within 45 days of the 
close of the comment period, NMFS must either issue or deny issuance of 
the authorization.

Summary of Request

    On July 12, 1995, NMFS received an application from the U.S. Air 
Force requesting an authorization for the harassment of small numbers 
of harbor seals and potentially for other pinniped species incidental 
to launches of Delta II vehicles at SLC-2W, Vandenberg. These launches 
would place Department of Defense, National Aeronautics and Space 
Administration (NASA), and commercial medium-weight payloads into polar 
or near-polar orbits. MDA/NASA intends to launch four to five Delta IIs 
during the period of this proposed 1-year authorization.
    Because SLC-2W is located north of most other launch complexes at 
Vandenberg, and because there are oil production platforms located off 
the coast to the south of SLC-2W, missions flown from SLC-2W cannot fly 
directly on their final southward course. The normal trajectory for a 
SLC-2W launch is 259.5 degrees west for the first 90 seconds, then a 
41-second dog-leg maneuver to bring the vehicle on its southward course 
of 196 degrees. This trajectory takes the launch vehicle away from the 
coast and nearly 30 miles (mi) west of San Miguel Island (SMI), the 
westernmost Channel Island (Air Force, 1995b)1.

    \1\ A list of references used in this document can be obtained 
by writing to the address provided above (see ADDRESSES).
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    As a result of the noise associated with the launch itself, there 
is a potential to cause a startle response to those harbor seals and 
other pinnipeds that may haul out on the coastline of Vandenberg. 
Launch noise would be expected to occur over the coastal habitats in 
the vicinity of SLC-2W while low-level sonic booms could be heard over 
the water in the area west of the Channel Islands.

Description of Habitat and Marine Mammals Affected by Delta IIs

    The Southern California Bight (SCB) including the Channel Islands, 
support a diverse assemblage of pinnipeds (seals and sea lions). 
California sea lions (Zalophus californianus), northern elephant seals 
(Mirounga angustirostris), harbor seals (Phoca vitulina) and northern 
fur seals (Callorhinus ursinus) breed there, with the largest rookeries 
on SMI and San Nicolas Island (SNI) (Stewart et al., in press). More 
detailed descriptions of the SCB and its associated marine mammals can 
be found elsewhere (56 FR 1606, January 16, 1991).
    Until 1977, a small rookery of Steller sea lions (Eumetopias 
jubatus) existed on SMI. However, there has been no breeding there 
since 1981 and no sightings since 1984. Guadalupe fur seals 
(Arctocephalus townsendi) breed only on Isla de Guadalupe offshore Baja 
California, Mexico, and although some are occasionally seen on the 
Channel Islands, none are expected to be harassed by either launch 
noise or sonic booms since they are not known to come ashore on 
Vandenberg.

[[Page 43121]]

    A small breeding population of California sea lions occurs on 
Vandenberg and both sea lions and northern elephant seals are regular 
visitors to the shoreline near SLC-2W. A small population of harbor 
seals are normal residents of Purisima Point adjacent to SLC-2W and 
southern sea otters (Enhydra lutra) were censused there during the 
spring of 19952.

    \2\ Sea otters are under the jurisdiction of the U.S. Fish and 
Wildlife Service (USFWS) and not NMFS. Discussions between the 
applicant and the USFWS have taken place. Please contact those 
agencies for additional information.
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Harbor Seals

    The Pacific harbor seal, which ranges from Baja California to the 
eastern Aleutian Islands, is the marine mammal most likely to be 
incidentally harassed by Delta II launches from Vandenberg, and 
therefore needs to be discussed in some detail. Harbor seals are 
considered abundant throughout most of their range and have increased 
substantially in the last 20 years. Hanan and Beeson (1994) reported 
21,462 seals counted on the mainland coast and islands of California 
during May and June, 1994. Using that count and Huber et al.'s (1993) 
correction factor (1.61 times the count) for animals not hauled out, 
gives a best population estimate of 34,554 harbor seals in CA (NMFS, in 
press).
    On the coastlines of Vandenberg, harbor seals are noted near 
Purisima Point, Point Arguello, at the mouth of Oil Well Canyon, in the 
area surrounding Rocky Point and near the Boathouse Breakwater (Air 
Force, 1995a, 1995b). The largest aggregations occur during the spring 
and early summer. Hanan et al. (1992) reported that 35 harbor seals 
were at Purisima Point while another 79 were found just south of 
Purisima Point. This is consistent with earlier estimates of 
approximately 100 harbor seals in the vicinity of SLC-2W. In 1986, 500 
harbor seals were censused at the sites along North and South 
Vandenberg (Hanan et al., 1987). In the spring, approximately 70 harbor 
seals may be found at Rocky Point (Air Force, 1995a).
    On SMI during the breeding season, the population is estimated to 
be 1,000 to 1,200 harbor seals (Hanan et al., 1993). Numbers are lowest 
in December, increase gradually from February to June, then sharply 
decrease again to a minimum in December. Pups are born from February 
through May. Pups nurse for about 4 weeks; nursing extends to at least 
the end of May. Breeding activities occur from mid-April to mid-June.
    Harbor seals (and other pinnipeds) haul out onto dry land for 
various biological reasons, including sleep (Krieber and Barrette, 
1984), predator avoidance and thermoregulation (Barnett, 1992). As 
harbor seals spend most of the evening and nighttime hours in the ocean 
(Bowles and Stewart, 1980), hauled-out seals spend much of their 
daytime hours in apparent sleep (Krieber and Barrette, 1984; Terhune, 
1985). In addition to sleep, seals need to leave the ocean to avoid 
aquatic predators and excessive heat loss to the sea water (Barnett, 
1992).
    However, the advantages of hauling out are counterbalanced by 
dangers of the terrestrial environment including predators. In general, 
because of these opposing biological forces, haulout groups are 
temporary, unstable aggregations (Sullivan, 1982). The size of the 
haulout group is thought to be an anti-predator strategy (da Silva and 
Terhune, 1988). By increasing their numbers at a haulout site, harbor 
seals optimize the opportunities for sleep by minimizing the 
requirement for individual vigilance against predators (Krieber and 
Barrette, 1984). This relationship between seals and their predators is 
thought to have represented a strong selection pressure for startle 
behavior patterns (da Silva and Terhune, 1988). As a result, harbor 
seals, which have been subjected to extensive predation or hunting, 
rush into the water at the slightest alarm. Startle response in harbor 
seals can vary from a temporary state of agitation by a few individuals 
to the complete abandonment of the beach area by the entire colony. 
Normally, when harbor seals are frightened by noise, or the approach of 
a boat, plane, human, or other potential predator, they will move 
rapidly to the relative safety of the water. Depending upon the 
severity of the disturbance, seals may return to the original haulout 
site immediately, stay in the water for some length of time before 
hauling out, or haul out in a different area. When disturbances occur 
late in the day, harbor seals may not haul out again until the next 
day.
    Disturbances have the potential to cause a more serious effect when 
seals and sea lion herds are pupping or nursing, when aggregations are 
dense, and during the molting season. However, evidence to date has not 
indicated that anthropogenic disturbances have resulted in increased 
mortality. Bowles and Stewart (1980) for example, found that harbor 
seals' tendency to flee, and the length of time before returning to the 
beach, decreased during the pupping season. They also found that 
mother-pup separations in crowded colonies are considered frequent, 
natural occurrences that can result from several causes, including 
normal female-female or male-female interactions. Both factors 
apparently give some protection to young seals from the startle 
response of the herd.

California Sea Lions

    The three subspecies of the California sea lion inhabit the Pacific 
Ocean from the Galapagos Islands to Baja California to British 
Columbia. The California population breeds along the Channel Islands 
and oceanic islands off Mexico. A steady increase in the California sea 
lion population has occurred in the last two decades. From 1970 to 
1989, the total population increased from an estimated 10,000 to 87,000 
in the SCB. Based upon 1994 counts, the U.S. population is now 
estimated to be over 160,000 (NMFS, in press).
    The two major California sea lion rookeries in the Channel Islands 
are on SMI and SNI. Stewart et al. (in press) estimated about 95 
percent of the 16 to 17 thousand pups born in the Channel Islands in 
1986 were from these two rookeries. Adult males arrive at the rookeries 
from March to May and breeding extends from May to July, with most 
births from mid-June to mid-July. Females nurse pups on an 8-day on/2-
day off schedule for 4 to 8 months, with the ``off days'' spent 
foraging at sea (Heath et al., 1991). After the breeding season, adult 
males from the SCB migrate north from August through September and 
winter as far north as British Columbia. However, they are replaced by 
adult males from Baja California, in Mexico, that migrate to the 
Channel Islands to molt in December and January (Reeves et al., 1992). 
Seasonal movements of females are unknown; they may remain near the 
rookeries year round. California sea lions of all age-classes can be 
expected to forage in the offshore SCB during all seasons, with periods 
of peak at-sea abundance in late summer and autumn.

Northern Elephant Seal

    The northern elephant seal, which is found on offshore islands from 
central Baja California north to Point Reyes, CA, north of San 
Francisco, has made a remarkable recovery in its population numbers. In 
1892, it was estimated that only 100 elephant seals remained, and they 
inhabited Guadalupe Island, Mexico. The total population now is about 
144,000 animals with an estimated 60,000 in the United States and 
84,000 in Mexico.
    Population estimates in the SCB increased from 28,000 in 1975-78 to 
50,800 in 1989-90 with annual growth estimated at 14 percent for 1964-
81 (Cooper and Stewart, 1983), and 10 percent for 1981-85 (Stewart et 
al., in 

[[Page 43122]]
press). A projection of these figures indicates that the 1994 U.S. 
population could be nearly 87,000.
    Northern elephant seals forage at sea for 8 to 10 months each year 
during which time they make two migrations between breeding and molting 
sites in the Channel Islands and pelagic foraging grounds in the 
eastern North Pacific (Stewart and DeLong, 1993). Major rookeries are 
established annually on SMI and SNI. Adult males and females are ashore 
simultaneously only during breeding; females typically for 34 days 
continuously, and adult males for 30 to 90 days (Stewart and DeLong, 
1993). Adult males maintain breeding territories on rookery beaches 
from early December through early March. Females arrive at rookeries 
from late December through February, with most births in January 
(Sydeman et al., 1991). Pups are weaned and abandoned when about 1 
month old and go to sea 1 to 3 months later. Females and juveniles 
return to the Channel Islands to molt in April and May and adult males 
return in July and August.
    Elephant seals travel north between breeding and molting seasons 
and disperse widely in the eastern North Pacific to forage on squid and 
other mesopelagic prey. Adult males migrate to the Gulf of Alaska and 
Aleutian Islands, while females and juveniles migrate as far as Oregon 
and Washington (Reeves et al., 1992). Both sexes dive continuously 
while at sea; females are submerged about 91 percent and males about 88 
percent of the time while at sea (Stewart and DeLong, 1993). During 
foraging dives, seals descend rapidly to a specific depth, remain there 
for several minutes, and then ascend rapidly to the surface (Stewart 
and DeLong, 1993). On average, female dives were to about 1,640 ft 
(499.87 m) depth and lasted 24 minutes, with 2 minute inter-dive 
surface intervals; male dives were to about 1,198 ft (365.15 m) depth 
and lasted 23 minutes, with 3 minute inter-dive surface intervals. 
Overall, dives for both sexes were between 492 - 2,625 ft (149.96 to 
800.1 m) deep.
    All age-classes of northern elephant seals can be expected to 
forage in the offshore SCB, with periods of peak abundance just after 
breeding (late February-early March) and molting (April-May for 
females; July-August for males) periods.

Potential Effects of Delta II Launches on Marine Mammals

    The effect on pinnipeds, particularly harbor seals, would be 
disturbance by sound, which is anticipated to result in a negligible 
short-term impact to small numbers of harbor seals and other pinnipeds 
that may be hauled out along the coast near SLC-2W at the time of Delta 
II launches. There is no scientific evidence that any marine mammals, 
other than those onshore at the time of launch, would be subject to 
harassment by launch noises, although the potential does exist that 
other marine mammal species may hear either the launch noise or the 
sonic boom. However, simply hearing the noise does not necessarily mean 
that the animals have been harassed.
    At North Vandenberg, launch noises are expected to impact mostly 
harbor seals, as other pinniped species (California sea lions and 
northern elephant seals) are known to haul out at these sites only 
infrequently and in smaller numbers. The launch noise associated with 
the Delta II under typical conditions is predicted to be about 115 dBA 
(129 dB) at the nearest potential harbor seal haulout (3,000 ft (914.4 
m) from launch site) and 110 dBA (125 dB) at Purisima Point (5,000 ft 
(1,524 m) from launch site) and last for less than 1 minute (U.S. Air 
Force, 1995b). As a result of the launch of a Taurus rocket (slightly 
smaller in size to the Delta II) in March 1994 at SLC-2W, Stewart et 
al. (1994) observed that 20 of 23 harbor seals on Purisima Point fled 
into the water. The A-weighted sound exposure level at Purisima Point 
for that launch was 108.1 dB (127.5 dB unweighted). Therefore, it can 
be predicted that most, if not all, pinnipeds onshore near SLC-2W will 
leave the shore as a result of launchings of Delta IIs. Harbor seals 
hauled out at Point Arguello and Rocky Point may alert to the launch 
noise but are not expected to flee to the water, because of the 
distance and the resultant attenuation of launch noise at that distance 
(approximately 15 mi (24.1 km)).
    As part of the small take authorization for Titan IV launches at 
SLC-4, the U.S. Air Force monitored the effects of launch noises on 
harbor seals hauled out at Rocky Point (4.8 mi (7.7 km)) south of SLC-
4) (Stewart and Francine, 1992; Stewart et al., 1992 and 1993). For 
four monitored launches, the sound exposure level ranged from 98.7 - 
101.8 dBA (145 dB) (Stewart et al., 1993). During the 1992 and 1993 
Titan IV launches, all or almost all, harbor seals that were ashore 
(1992 23 of 28; 1993 41 of 41) at the time fled into the water in 
response to the noise. In 1993, about 75 percent of those seals 
returned ashore later that day, most within 90 minutes of the 
disturbance (Stewart et al., 1993). No mortalities were reported at 
South Vandenberg as a result of any of the four monitored launches.
    On SMI, time-lapse photographic monitoring (Jehl and Cooper, 1982) 
shows that in response to a specific stimulus, large numbers of 
pinnipeds move suddenly from the shoreline to the water. These events 
occur at a frequency of about 24 to 36 times per year for sea lions and 
seals other than harbor seals, and about 48 to 60 times annually for 
harbor seals. Visual stimuli, such as humans and low-flying aircraft, 
are much more likely to elicit this response than strictly auditory 
stimuli, such as boat noise or sonic booms. Observations indicated that 
it is rare for mass movement to take place in a panic, and no resulting 
pup or adult mortality has been observed under these circumstances. 
Also, Stewart (1982) exposed breeding California sea lions and northern 
elephant seals on SNI to loud implosive noises created by a carbide 
pest control cannon. Sound pressure levels varied from 125.7 to 146.9 
dB. While behavioral responses of each species varied by sex, age, and 
season, Stewart found that habitat use, population growth, and pup 
survival of both species appeared unaffected by periodic exposure to 
the noise.
    Launch noises are not expected to significantly impact marine 
mammals offshore, although pinnipeds in the nearshore waters around 
SLC-2W may alert to the noise. In order to be detectable by a marine 
mammal, airborne noise needs to be greater than ambient within the same 
frequency as the animal's hearing range. For harbor seals, recent 
research (Terhune, 1988; Turnbull and Terhune, 1989; Terhune, 1991; 
Turnbull, 1994) indicates that harbor seals have relatively poor 
hearing capacity in the frequencies of sound that dominate the noise 
produced by a rocket launch. At the lowest frequency measured (100 Hz), 
the threshold was between 65 dB and 75 dB. Terhune (1991) indicated 
that the critical ratio at the lowest frequency measured (250 Hz) was 
24 dB. Thus, noise would need to be roughly 24 dB or more above 
background to be even perceived by a harbor seal. With launch noises 
expected to quickly attenuate offshore, and with ambient noise level 
expected to range between 56 and 96 dBA (Air Force, 1995a), there is at 
present no evidence that any marine mammals, other than pinnipeds 
onshore at the time of launch, would be subject to harassment by launch 
noises, although, as stated previously, the potential does exist that 
other marine mammal species may hear the launch noise.

Northern Channel Islands

    Sonic booms resulting from launches of the Delta II vary with the 
vehicle 

[[Page 43123]]
trajectory and the specific ground location. Sonic booms are not 
expected to intersect with the ocean surface until the vehicle changes 
its launch trajectory. This location will be well offshore.
    Depending upon the intensity and location of a sonic boom, 
pinnipeds on SMI could exhibit an alert response or stampede into the 
water. However, while it is highly probable that a sonic boom from the 
Delta II would occur over SMI, maximum overpressures of these sonic 
booms are estimated to be 1.0 lb/ft2 (psf) over SMI (Air Force, 
1995c). A sonic boom with an overpressure of 1.0 psf or less is not 
considered significant (equivalent to hearing two hands clapped 
together at a distance of one foot). Also, the maximum overall sound 
pressure level is not expected to exceed 78 dBA (112 dB) (Air Force, 
1995c). A sonic boom of this magnitude is unlikely to be 
distinguishable from background noises caused by wind and surf (Air 
Force, 1995a).
    Monitoring of the effects of noise generated from Titan IV launches 
on SMI pinnipeds in 1991, Stewart et al. (1992) demonstrated that noise 
levels from a sonic boom of 133 dB (111.7 dBA) caused an alert response 
by small numbers of California sea lions, but no response from other 
pinniped species present (including harbor seals). In 1993, an 
explosion of a Titan IV created a sonic boom-like pressure wave and 
caused approximately 45 percent of the California sea lions 
(approximately 23,400, including 14 to 15 thousand 1-month old pups, 
were hauled out on SMI during the launch) and 2 percent of the northern 
fur seals to enter the surf zone. Although approximately 15 percent of 
the sea lion pups were temporarily abandoned when their mothers fled 
into the surf, no injuries or mortalities were observed. Most animals 
were returning to shore within 2 hours of the disturbance (Stewart et 
al., 1993).
    Since the noise level from Delta II launches is expected to be well 
below both these levels and the threshold criteria of 101 dBA 
identified by Stewart et al. (1993), no incidental harassment takings 
are anticipated to occur on the northern Channel Islands.
    Cetaceans and pinnipeds in the water should also be unaffected by 
the sonic booms, although, depending upon location and ambient noise 
levels, some species may be able to hear the sonic boom. While the 
maximum magnitude of sonic booms from launches of the Delta II is 
presently unknown, because of its similarity in size and weight to the 
Lockheed launch vehicles (LLV) (see 60 FR 38308, July 26, 1995), the 
sonic boom signature from the largest of those vehicles (LLV-3--3.5 
psf/125.6 dB), can be used to predict the impact by the Delta II. 
Pressure levels of this magnitude would be less than those measured for 
other launch vehicles, such as the Titan IV and the Space Shuttle (10 
psf), for which small take authorizations for harassment have been 
issued previously (see 56 FR 41628, August 22, 1991 and 51 FR 11737, 
April 7, 1986).
    Although rough seas may provide some surfaces, at the proper angle, 
for sound to penetrate the water surface (Richardson et al., 1991), 
sound entering a water surface at an angle greater than 13 degrees from 
the vertical has been shown to be largely deflected at the surface, 
with very little sound entering the water (Chappell, 1980; Richardson 
et al., 1991). Chappell (1980) believes that a sonic boom would need to 
have a peak overpressure in the range of 138 to 169 dB to cause a 
temporary hearing threshold shift (TTS) in marine mammals, lasting at 
most a few minutes. Therefore, with only a remote likelihood that a 
marine mammal will be almost directly under the line of flight of the 
Delta II, and with the Delta II having overpressures below the 
threshold for potentially causing TTS in marine mammals, NMFS believes 
that sonic booms are not likely to result in the harassment of cetacean 
or pinniped populations in offshore waters of the SCB.

Mitigation

    Unless constrained by other factors including, but not limited to, 
human safety, national security or launch trajectories, efforts to 
ensure minimum negligible impacts of Delta II launches on harbor seals 
and other pinnipeds are proposed for inclusion in the Incidental 
Harassment Authorization. These proposals include:
    1. Avoidance whenever possible of launches during the harbor seal 
pupping season of February through May; and
    2. Preference for night launches during the period of the year when 
harbor seals are hauled out in any numbers along the coast of North 
Vandenberg.

Monitoring

    NMFS proposes that the holder of the Incidental Harassment 
Authorization would monitor the impact of Delta II launches on the 
harbor seal haulouts in the vicinity of Purisima Point or, in the 
absence of pinnipeds at that location, at a nearby haulout. A report on 
this monitoring program would be required to be submitted prior to next 
year's authorization request.

National Environmental Policy Act (NEPA)

    On December 21, 1990, NMFS published an EA on the proposed 
authorization to the Air Force to incidentally take marine mammals 
during launches of the Titan IV space vehicle from Vandenberg. The 
finding of that EA was that the issuance of the authorization would not 
significantly affect the quality of the human environment and, 
therefore, an environmental impact statement (EIS) was not necessary. 
Because the Delta II rocket is 73 percent smaller than the Titan IV, 
and because the noise generated by launches and sonic booms of the 
Delta II is significantly less than the Titan IV, additional NEPA 
documentation is not warranted.
    In addition, each proposed incidental harassment authorization is 
reviewed by NMFS to determine its impact on the human environment, in 
particular marine mammals--as was the Air Force application. NMFS 
believes that, because the finding required for incidental harassment 
authorizations is that the taking (by harassment) will have a 
negligible impact on marine mammals and their habitat, the majority of 
the incidental harassment authorizations should be ``categorically 
excluded'' (as defined in 40 CFR 1508.4) from the preparation of either 
an EIS or an EA under NEPA and section 6.02.c.3(i) of NOAA 
Administrative Order 216-6 for Environmental Review Procedures 
(published August 6, 1991). A programmatic EA on issuing incidental 
harassment authorizations under section 101(a)(5)(D) of the MMPA is 
available for public review and comment until October 16, 1995 (see 
ADDRESSES).

Conclusions

    The short-term impact of the launching of Delta II rockets is 
expected to result at worst, in a temporary reduction in utilization of 
the haulout as seals or sea lions leave the beach for the safety of the 
water. Launchings are not expected to result in any reduction in the 
number of pinnipeds, and they are expected to continue to occupy the 
same area. In addition, there will not be any impact on the habitat 
itself. Based upon studies conducted for previous space vehicle 
launches at Vandenberg, significant long-term impacts on pinnipeds at 
Vandenberg and the northern Channel Islands are unlikely.

Proposed Authorization

    NMFS proposes to issue an incidental harassment authorization for 1 
year for launches of the Delta II rocket at SLC-

[[Page 43124]]
2W, provided the above-mentioned monitoring and reporting requirements 
are incorporated. NMFS has preliminarily determined that the proposed 
launches of the Delta II at SLC-2W would result in the harassment 
taking of only small numbers of harbor seals and possibly other 
pinniped species, will have a negligible impact on pinniped stocks in 
the SCB and will not have an unmitigable adverse impact on the 
availability of these stocks for subsistence uses.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning this request (see ADDRESSES).

    Dated: August 15, 1995.
Patricia A. Montanio,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 95-20545 Filed 8-17-95; 8:45 am]
BILLING CODE 3510-22-F