[Federal Register Volume 60, Number 195 (Tuesday, October 10, 1995)]
[Notices]
[Pages 52653-52655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25001]
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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 issuance of an incidental harassment authorization.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that an Incidental
Harassment Authorization to take small numbers of harbor seals,
California sea lions, and northern elephant seals by harassment
incidental to launches of McDonnell Douglas Aerospace Delta II (MDA
Delta II) vehicles at Space Launch Complex 2W (SLC-2W), Vandenberg Air
Force Base, CA (Vandenberg) has been issued to the U.S. Air Force.
EFFECTIVE DATE: This authorization is effective from September 19,
1995, until September 19, 1996.
ADDRESSES: The application and authorization are available for review
in the following offices: Marine Mammal Division, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910 and
the Southwest Region, NMFS, 501 West Ocean Blvd. Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Marine Mammal
Division, Office of Protected Resources at 301-713-2055, or Irma
Lagomarsino, Southwest Regional Office at 301-980-4016.
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
[[Page 52654]]
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 (1994 Amendments). 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 Aeronautic and Space
Administration (NASA), and commercial, medium-weight payloads into
polar or near-polar orbits. MDA/NASA intends to launch approximately 4-
5 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 west of San Miguel Island (SMI), the
westernmost Channel Island (Air Force, 1995b)1. 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.
\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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A notice of receipt of the application and the proposed
authorization was published on August 18, 1995 (60 FR 43120) and a 30-
day public comment period was provided on the application and proposed
authorization. During the comment period, one letter was received. The
comments contained in this letter are discussed in detail below. Other
than information necessary to respond to the comments, additional
background information on the activity and request can be found in the
above-mentioned notice and needs not be repeated here.
Comments and Responses
Comment 1. There are a number of cetacean species and other
pinniped species (Guadalupe fur seals and Steller sea lions) that are
likely to occur at least occasionally in areas where they could be
subject to noise from rockets launched at Vandenberg. The Marine Mammal
Commission (MMC) recommends NMFS consult with applicant to determine
whether these species would be harassed.
Response. There are three species of pinnipeds reported hauling out
on occasion in the vicinity of SLC-2: harbor seals, California sea
lions, and northern elephant seals. NMFS is unaware of other species of
pinnipeds being in the vicinity of Vandenberg. For example, Steller sea
lions have not been seen in the Channel Islands area since 1984 and
Guadalupe fur seals, which breed in Mexico, are rarely seen in southern
California. On the Channel Islands, the sonic boom signature is
expected to be indistinguishable from ambient noise levels. Over water,
the sonic boom is significantly less than that estimated to cause a
temporary threshold shift injury and NMFS is unaware of any scientific
evidence indicating that a behavioral response results from a single,
low-frequency sonic boom. As stated in the proposed authorization,
there is also no evidence that airborne noises from the launch itself
will cause a startle effect on marine mammals in the water. Although
the potential does exist that other marine mammal species will hear
either the launch noise or the sonic boom, simply hearing the noise
does not necessarily mean that the animals have been harassed.
Comment 2. The notice of proposed authorization does not indicate
whether long-term or cumulative studies have been or are being done to
look at possible long-term, cumulative effects--e.g., decreases in the
number of seals or the proportion of pups that haul out. Without such
information, it is not reasonable to conclude that there are no
cumulative effects or that any cumulative effects, like short-term
effects, are likely to be negligible.
Response. While NMFS is unaware of any long-term studies on the
effects on pinnipeds from launch noises, monitoring at Vandenberg for
Titan IV launches provides baseline information for future studies.
However, the fact that these haul-outs remain active indicates that
there are no immediately evident long-term, cumulative impacts. Launch
noises are infrequent enough and divided between North and South
Vandenberg so that these impacts will likely be less significant,
cumulatively, than humans, pets and motorized vessels would be.
Therefore, determining the long-term impacts from launch activities and
resultant noise would be difficult.
Comment 3. The MMPA prescribes requirements for monitoring and
reporting to ensure that only small numbers of specified animals are
harassed and that the effects of the harassment are negligible. The
proposed authorization does not explain the rationale for proposing
that only harbor seals in the vicinity of Purisima Point be monitored.
NMFS also appears to have ignored that the cumulative effects may be
non-negligible.
Response. NMFS has modified the authorization to require monitoring
launch noises at the nearest active pinniped haul-out to SLC-2 and at
Purisima Point. Monitoring at these close-in locations is necessary
because of the high noise level of the launch. More distant haulouts
are likely to result in less frequent response by the seals with
resultant fewer behavioral modifications to study. Launches during
[[Page 52655]]
this 1-year authorization are unlikely to result in measureable
cumulative effects. However, this will be a subject for future review
as commercial payload launches from Vandenberg increase over the next
few years.
Comment 4. NMFS requires a report only at the end of the
authorization period. The MMC recommends at a minimum the Air Force
should report killed and injured animals immediately and that the
authorization should be rescinded if a marine mammal is killed or
injured as a result of the authorization.
Response. NMFS will require as part of the authorization that the
Air Force submit a monitoring report, no later than 90 days after each
Delta II launch. Because no humans are allowed on the coastline
adjacent to the launch pad during launches, launch effect observations
are limited to time-lapse photography. This limits the cause and effect
criterion necessary to revoke an authorization. If there are
indications that more than harassment takings are occurring, NMFS will
review the evidence to determine appropriate action.
Comment 5. The MMC recommends that NMFS consult with the Air Force
to determine whether a 5-year authorization under section 101(a)(5)(A)
would be more appropriate.
Response. NMFS agrees with this recommendation and several months
ago discussed this option with the Air Force. The Air Force's 5-year
authorization, which expires on September 23, 1996, is limited to Titan
IV launches. We anticipate they will apply for a new 5-year
authorization late this year or early next year, which should include
all planned launches at Vandenberg. In the interim, while this new
authorization request is being prepared and new regulations proposed,
the Air Force will continue to apply for incidental harassment
authorizations for launches.
Conclusion
Based upon the information provided in the proposed authorization,
NMFS has determined that 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. These 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.
Therefore, since NMFS is assured that the taking will not result in
more than the harassment (as defined by the MMPA Amendments of 1994) of
a small number of harbor seals, California sea lions, and northern
elephant seals; would have only a negligible impact on the species, and
would result in the least practicable impact on the stock, NMFS
determined that the requirements of section 101(a)(5)(D) had been met
and the incidental harassment authorization was issued.
Dated: Ocotober 2, 1995.
Patricia A. Montanio,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 95-25001 Filed 10-6-95; 8:45 am]
BILLING CODE 3510-22-F