[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Notices]
[Pages 10727-10732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6177]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 022296A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Titan II and IV Launch 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 seals and sea lions by 
harassment incidental to launches of Titan II and Titan IV launch 
vehicles at Space Launch Complex 4 (SLC-4), 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, northern elephant seals, northern fur seals and 
Guadalupe fur seals in the vicinity of Vandenberg and the Northern 
Channel Islands (NCI) for a period of 1 year.

DATES: Comments and information must be received no later than April 
15, 1996.

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, an Environmental Assessment (EA) and a list of 
the references used in this document 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 Irma Lagomarsino, Southwest 
Regional Office at 310-980-4016.

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 
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 January 24, 1996, NMFS received an application from the Air 
Force requesting an authorization for the harassment of small numbers 
of harbor seals (Phoca vitulina), California sea lions (Zalophus 
californianus), northern elephant seals (Mirounga angustirostris), 
northern fur seals (Callorhinus ursinus) and possibly Guadalupe fur 
seals (Arctocephalus townsendi) in the vicinity of Vandenberg and on 
the NCI. These harassment takes would result from launchings of Titan 
II and Titan IV rockets. This authorization, if issued, would continue 
an authorization, issued, for a 5-year period under regulations, on 
August 22, 1991 (56 FR 41628) for Titan IV launches, that is scheduled 
to expire on September 23,

[[Page 10728]]
1996. NMFS anticipates that this 1-year authorization, along with 
others issued previously for Lockheed launch vehicles (LLV)(60 FR 
38308, July 26, 1995) and McDonnell Douglas Delta II launch vehicles 
(60 FR 52653, October 10, 1995), will be replaced by a new set of 
regulations, under section 101(a)(5)(A) of the MMPA, governing 
incidental takes of marine mammals by launches of all rocket types from 
Vandenberg. An application for a small take authorization under section 
101(a)(5)(A) of the MMPA is under development by the Air Force.
    The Titan II space launch vehicle is a two-staged, modified 
Intercontinental Ballistic Missile redesigned to carry small payloads 
up to 5,600 lbs ( kg). The Titan IV space launch vehicle is a larger 
vehicle, carrying payloads similar to those carried by the Space 
Shuttle (Air Force 1996). While the exact number of Titan II and Titan 
IV launches that will take place during the period of this 
authorization are unknown, a best estimate is for two launches for 
Titan II and two launches for Titan IV (Air Force 1996). The total 
number of Titan IV launches from 1990 through July 1995 was eight.
    The flight paths of Titan launches from Vandenberg proceed in 
various directions, depending on the mission. Some missions require a 
slight retrograde launch azimuth toward the southwest. Others may 
proceed southeast, overflying San Miguel Island (SMI) or just west of 
Santa Rosa Island (SRI). No vehicles are allowed direct overflight of 
SRI, Santa Cruz, or Anacapa Island (Air Force 1996). Specific launch 
dates and trajectories are not available at this time.
    The duration of noise capable of affecting marine mammals generated 
by each Titan launch is brief. Within 1 minute following liftoff, the 
noise event at Rocky Pt., Vandenberg, will be concluded (Stewart et al. 
1993a, 1993b), and within 2 minutes, a Titan IV will be 28.6 miles (46 
km) from SLC-4, over the open ocean and out of hearing range of marine 
mammals on NCI (Air Force 1996).
    As a result of the launch noise, and the resultant sonic boom, 
there is a potential to cause a startle response and flight to water 
for those harbor seals and other pinnipeds that may haul out on the 
coastline of Vandenberg and on NCI. Launch noise is expected to occur 
over the coastal habitats in the vicinity of SLC-4 during every launch, 
while sonic booms could be heard on NCI, specifically SMI and SRI, only 
during certain launches.

Description of Habitat and Marine Mammals Affected by Titan II and 
IVs

    The Southern California Bight (SCB) including the Channel Islands, 
supports a diverse assemblage of 29 species of cetaceans (whales, 
dolphins and porpoises) and 5 species of pinnipeds (seals and sea 
lions). California sea lions, northern elephant seals, harbor seals, 
and northern fur seals breed there, with the largest rookeries on SMI 
and San Nicolas Island (SNI) (Stewart et al. in press). 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. More detailed descriptions of the SCB and its associated 
marine mammals can be found elsewhere (56 FR 1606, January 16, 1991) 
and NMFS (1990, 1991).

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 launch noises from Titan II and IV launches 
from Vandenberg. 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 California (Barlow et al. 1995).
    On the coastlines of Vandenberg, harbor seals are noted near 
Purisima Point (8 mi (12.9 km) north of SLC-4), Point Arguello, at the 
mouth of Oil Well Canyon, in the area surrounding Rocky Pt. (5 mi (8 
km) south of SLC-4) and near the Boathouse Breakwater (Air Force 1995a, 
1995b, 1995c). The largest aggregations occur during the spring and 
early summer. Hanan et al. (1992) reported that 35 harbor seals were at 
Purisima Pt. while another 79 were found just south of Purisima Pt. 
Photographic records indicated the presence of approximately 70 harbor 
seals at this site in February, 1994 (Air Force 1995a), while Hanan et 
al. 1992) reported 300 harbor seals present at Rocky Pt. In 1991, over 
1,300 harbor seals were censused at the sites along North and South 
Vandenberg (Hanan et al. 1992).
    On SMI during the molting season, the population is estimated to be 
about 1,000 - 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 and molting occurs from May through August.
    Harbor seals (and other pinnipeds) haulout onto dry land for 
various biological reasons, including sleep (Krieber and Barrette 1984, 
Terhune 1985), 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 and hunting, 
rush into the water at the slightest alarm (Arseniev 1986) unless they 
have become habituated to the disturbance (Lagomarsino, pers. commn.).
    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 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

[[Page 10729]]
nursing, when aggregations are dense, and during the molting season 
(ref). However, evidence to date from Vadneberg and SMI, has not 
indicated that launch noises and sonic booms have resulted in increased 
mortality (Stewart and Francine 1991, 1992; Stewart et al. 1993a, 
1993b). 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 maternal-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

    Two subspecies of the California sea lion inhabit the Pacific Ocean 
from the Galapagos Islands to Baja California to British Columbia. The 
subspecies referred to as the California sea lion breeds along the 
Channel Islands, oceanic islands off the Pacific coast of Mexico and in 
the Gulf of California. A steady increase in the U.S. 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 with a net productivity rate of 11.7 
percent (Barlow et al. 1995).
    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 16,000-17,000 pups born in the Channel Islands in 1986 
were from these two rookeries. Adult males arrive at the rookeries from 
March - May and breeding extends from May - July, with most births from 
mid-June to mid-July. Females nurse pups on an 8-day on/2-day off 
schedule for 4-8 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 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 in 1991 was 
estimated at about 127,000 animals (Stewart et al. 1994). NMFS 
estimates the California stock size in 1991 at 73,500 and growing while 
the population in Mexico appears to be stable or decreasing (Barlow et 
al. 1995).
    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-
1981 (Cooper and Stewart 1983) and 10 percent for 1981-85 (Stewart et 
al. in press). Unpublished NMFS data indicate that the number of pups 
born in the Channel Islands continues to increase (Barlow et al. 1995).
    Northern elephant seals forage at sea for 8-10 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 30-90 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 1-3 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 1640 ft (500 m) 
depth and lasted 24 minutes, with 2-minute inter-dive surface 
intervals; male dives were to about 1,198 ft (365 m) depth and lasted 
23 minutes, with 3-minute inter-dive surface intervals. Overall, dives 
for both sexes were between 492-2625 ft (150-800 m) depth.
    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.

Northern Fur Seal

    Because of recent declines, NMFS declared the Pribilof stock of 
northern fur seals as a depleted species under the MMPA. In 1983, the 
estimated size of the northern fur seal population was about 1.2 
million. No significant changes have been documented since that time, 
although recent counts of adult males on the Pribilof Island and counts 
of pups on Robben Island have declined. There are an estimated 871,000 
animals in Alaskan waters and 332,000 in Russian waters. The 1994 
population estimate for the SMI stock of fur seals, based upon a pup 
count of 2,634 (NMFS unpubl. data) is 10,536 animals (Barlow et al. 
1995).
    The peak number of hauled-out northern fur seals on SMI occurs in 
mid-July with a post-breeding season decline continuing through 
December. Some females and yearlings may be present at any time, with 
the higher number of pups present in early July. These animals are 
generally at sea for 7 consecutive months from November through late 
May.

Guadalupe Fur Seal

    After 1923, the Guadalupe fur seal was regarded as extinct. In 
1949, one adult male was seen on SNI and a breeding colony was 
discovered on Guadalupe Island, Mexico in 1954. The population in 1987 
was estimated to be about 6,000 animals. In 1988, 3,259 seals were 
counted on Guadalupe Island and occasional sightings have been made of 
animals in the offshore waters of Baja California and southern 
California. Since 1968, small numbers of nonbreeding animals, usually 
subadult males, have been observed on SMI.

Potential Effects of Titan II and IV Launches on Marine Mammals

    The effect on pinnipeds, would be from disturbance by airborne 
sound, which is anticipated to result in a negligible short-term impact 
to those small numbers of harbor seals and other pinnipeds that may be 
hauled out along

[[Page 10730]]
the coast near SLC-4 and on the NCI at the time of Titan II and IV 
launches. Other than these brief, infrequent, periods of elevated 
noise, no temporary or permanent habitat modifications are anticipated.
    There is no evidence that any marine mammals, other than those on 
shore at Vandenberg or NCI at the time of launch, would be subject to 
harassment by launch noises or sonic booms (when vehicle trajectory 
takes it over the NCI), although the potential does exist that other 
marine mammals, either on the surface or in the water column, may hear 
either the launch noise or the sonic boom. However, simply hearing 
noise from an activity does not necessarily mean that the animals have 
been harassed. Also, NMFS does not consider simple, singular, reflex 
actions (e.g., alert, startle, or dive response to a stimulus) from 
animals on the water surface to be sufficient on its own to warrant an 
incidental harassment authorization.

South Vandenberg

    At South Vandenberg, launch noises are expected to impact mostly 
harbor seals as other pinniped species (California sea lions and 
northern elephant seals) are known to haulout at these sites only 
infrequently and in significantly smaller numbers. The launch noise 
associated with the Titan II (similar in size to the LLV) is predicted 
(based upon similarity in size) to be about 93 dBA (118 dB) at the 
principal haulout at Rocky Point, and almost unnoticeable offshore.
    As part of the 1991 small take authorization for Titan IV launches 
at SLC-4, the Air Force monitored the effects of launch noises on 
harbor seals hauled out at Rocky Pt. (4.8 mi (7.7 km) south of SLC-4). 
For four monitored launches of Titan IVs, the sound exposure level 
ranged from 98.7-101.8 dBA (145 dB) (Stewart and Francine 1991, 1992; 
Stewart et al. 1993a, 1993b). During the 1992 and 1993 Titan IV 
launches, all or almost all, harbor seals that were ashore at the time 
fled into the water (1992--23 of 28; 1993--41 of 41) in response to the 
noise. After a launch in 1993, about 75 percent of those seals returned 
ashore later that day, most within 90 minutes of the disturbance 
(Stewart et al. 1993b). There were no apparent mortalities following 
any of the four monitored launches, and the haulout patterns were 
reported similar to those prior to the launches (Stewart and Francine 
1991, 1992; Stewart et al. 1993a, 1993b). Because of the greater 
distance between SLC-4 and other haulout sites, fewer harbor seals are 
anticipated to be affected by launch noises at these locations. Launch 
noise from a Titan II is expected to be significantly less than from 
the larger Titan IV, although harbor seals may leave the beach at Rocky 
Pt. due to the noise.
    Time-lapse photographic monitoring (Jehl and Cooper 1982) shows 
that, in response to a specific stimulus, large numbers of pinnipeds 
may move suddenly from the shoreline to the water. These events occur 
(on SMI at least) 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.
    Stewart (1981, 1982) also 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.
    Because of high ambient noise along the coastline, attenuation of 
launch noise, and because almost all sounds from the launch should be 
reflected off, and not penetrate, the water surface, launch noises are 
not expected to impact any marine mammals in nearshore waters of 
Vandenberg, although pinnipeds at the water surface in the waters 
around SLC-4 may alert to the noise.
    With launch noises expected to rapidly attenuate and reflect off 
the water surface, with minimal penetration, 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 the potential does exist that other marine 
mammal species may hear the launch noises.

Northern Channel Islands (NCI)

    Sonic booms resulting from launches of the Titan II and IV vary 
with the vehicle trajectory and the specific ground location. A sonic 
boom is not expected to intersect with the ocean surface until the 
vehicle changes its launch trajectory. This location will always be 
well offshore but may intersect with the NCI. Sonic booms may become 
focused within a narrow band under the flight path, resulting in sound 
levels of exceptional amplitude within a very narrow footprint. 
Theoretical calculations suggest that marine mammal habitat within the 
narrow footprint of a focused sonic boom could experience sound levels 
as high as 147 dB (USAF 1990, 1996).
    The shores of SMI are subjected to noises from surf, wind, animal 
vocalizations, boats and aircraft, including several sonic booms per 
month. Ambient sound pressure levels vary between 56 and 96 dBA. In 
air, marine mammals are generally believed to be much less sensitive 
than humans to low-frequency sonic booms (Air Force 1990, NMFS 1990). 
Humans have been exposed to impulse noise similar in magnitude to the 
sonic booms expected from Titan IVs with no permanent hearing effects 
and only temporarily reduced hearing sensitivity (referred to as TTS-
temporary threshold shift). Outside an approximate 4.4 mile by 1,000-ft 
(7.1 km by 305 m) zone directly under the flight path, almost all 
sounds will be reflected at the water's surface. Therefore, only those 
individual marine mammals within this zone will experience energy from 
a sonic boom (Air Force 1988 and 1990, NMFS 1990). Chappell (1980) 
calculates that a sonic boom would need to have a peak overpressure in 
the range of 138 to 169 dB to cause TTS in marine mammals, with TTS 
lasting at most a few minutes. Moreover, because of physiological 
compensatory mechanisms, NMFS believes that even animals in the water 
exposed to the highest energy from a sonic boom may have only a small 
chance of experiencing minor TTS. Although Titan IV-generated sonic 
booms are not likely to cause permanent hearing damage to marine 
mammals in or out of the water, they may cause minor reduction in 
hearing sensitivity in those few species with hearing capabilities in 
the low frequencies found in sonic booms. This effect is expected to be 
temporary and will not affect the survival of individuals or adversely 
affect the species' populations in California waters.
    Depending upon the intensity and location of a sonic boom, 
pinnipeds on SMI could exhibit a simple alert (head-up) response, or 
they could startle and stampede into the water. The two primary 
concerns for pinnipeds involve the possibility of a stampede during 
which pups may be trampled or separated from their mothers and the

[[Page 10731]]
potential effects of loud noises on the pinniped's hearing. Also 
possible physiological stress to the animals, resulting in unsuccessful 
breeding and other anomalies in behavior may be of concern.
    Monitoring 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 (head 
up) response by 25 California sea lions, but no response from other 
pinniped species present (including harbor seals and elephant seals). 
There was no seaward movement as a result of this nighttime launch. In 
1993, an explosion of a Titan IV created a sonic boom-like pressure 
wave that resulted in an alert response, but no movement toward the 
sea. Additional popping and rumbling noises that followed the initial 
overpressure 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. 1993b) and haul-out patterns after launchings appeared 
normal.
    Outside the zone of focused energy, cetaceans and pinnipeds in the 
water should be unaffected by the sonic booms, although, depending upon 
location and ambient noise levels, some pinnipeds may be able to hear 
the sonic boom. 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, 1995).
    With only a remote likelihood that a cetacean will be almost 
directly under the line of flight of a Titan II and IV at the instant 
the vehicle changes its launch trajectory, NMFS believes that sonic 
booms will not result in the harassment of cetacean populations in 
offshore waters of the SCB.
    Most long-term physiological effects, such as those on 
reproduction, metabolism and general health, or on the animals' 
resistance to disease, are caused by much greater cumulative sound 
exposures (intense continuous noise) than those expected from space 
vehicle sonic booms (infrequent, loud, and short-duration noise), which 
have less potential for affecting physiology (Air Force 1990, NMFS 
1990).
    Researchers (under contract to the Air Force) who conducted studies 
on effects of the space shuttle stated that the space shuttle sonic 
booms would not produce auditory or nonauditory effects in NCI 
pinnipeds of sufficient magnitude to measurably influence population 
levels. Some TTS would be likely following the exceptionally loud 
focused booms created by launches flying directly over the NCI, but 
this TTS should last only a short time (minutes to hours). Also, 
although the startle effect of the space shuttle sonic boom might cause 
some panic and concomitant physiological stress, the frequency of the 
booms would be low compared to the frequency of naturally induced 
startle events.
    Chappell (1980) states that there will be no adverse effect on 
pinniped survival, since no significant increase in stress-related 
pathology is anticipated, nor is any disruption of the reproductive 
cycle considered probable.

Prohibitions

    NMFS proposes that the following prohibitions be imposed as part of 
the authorization: (1) The incidental or intentional taking of any 
marine mammal not authorized by the incidental harassment 
authorization; and (2) The incidental take of a seal or sea lion other 
than by unintentional, nonlethal harassment.

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 Titan II and IV launches on harbor 
seals and other pinnipeds, NMFS proposes to include in the 
authorization, the requirement to avoid whenever possible launches 
during the harbor seal pupping season of February through May.
    Additional mitigation measures would be developed, if necessary, 
cooperatively between NMFS and the Air Force based on the degree of 
impact documented during monitoring activities following specific Titan 
launches.

Monitoring

    In order to verify the assumptions made in this finding, NMFS 
proposes to require the Air Force to visually monitor the impact of 
Titan II and IV launches on the harbor seal haulouts in the vicinity of 
SLC-4 (Rocky Point) at Vandenberg (or in the absence of pinnipeds at 
that location, at a nearby haulout) during all launches. This 
monitoring will be conducted by one or more qualified biologists 3 days 
prior to a launch and for a period of 3 days post-launch. This 
monitoring will consist of a census of the population to determine if 
there is a reduction in numbers of animals and will occur as soon as 
possible after each launch (Rocky Point is not accessible during 
launches). As there is insufficient documentation of the effects of 
launches during the pupping season, remote (video) monitoring will be 
conducted during daylight launches in the pupping season(s) to 
determine the actual response of pinnipeds to the launch. Remote video 
data will be collected during the first two launches taking place in 
the pupping season(s). These data will be evaluated to determine the 
potential impacts, if any, to the pinniped population, and to determine 
if pup mortality or abandonment occurred as a result of launches. In 
addition, Vandenberg will perform post-launch monitoring which, at a 
minimum, would include 4 censuses over a 2-week period following any 
launches during the pupping season.
    In addition, monitoring on NCI during the 1-year period of 
authorization will be required whenever a Titan IV day-time launch 
predicts a sonic boom over NCI. This monitoring will include the use of 
a prediction model to determine if and where a sonic boom will be 
produced in the immediate area of the NCI by the individual launch. 
Prior to each launch, prediction model results and proposed monitoring 
activities will be forwarded to the NMFS Southwest Regional Office for 
review and approval. Monitoring will occur at the location of the 
predicted sonic boom, or, if no marine mammal haulouts or rookeries 
exist within the predicted area, at the nearest haulout or rookery and 
to monitor the impacts to marine mammal populations. Launches predicted 
to produce sonic booms will be monitored until two sonic booms occur, 
have been monitored, and data collected. Data collection will document 
impacts during and after, each of these two launches. If the prediction 
model indicates that there will be no sonic boom in the immediate area 
of the NCI, no monitoring will be conducted on NCI.

Reporting

    A report will be submitted to the NMFS Southwest Regional Office 
within 90 days of any launch of a Titan II or IV. This report will 
include the following information: (1) Date and time

[[Page 10732]]
of launch; (2) dates and locations of any research activities related 
to monitoring the effects of the sonic booms on pinniped populations; 
(3) results of any monitoring activities at Vandenberg or NCI 
concerning behavioral responses; and (4) results of any population 
studies made on pinnipeds on the NCI before and after the launch.
    Upon completion of monitoring and collecting of data for two sonic 
boom events, Vandenberg will evaluate the impacts. Upon consultation 
and coordination with NMFS, monitoring activities will be reevaluated 
to determine monitoring needs.

National Environmental Policy Act (NEPA)

    In 1988, the Air Force released a final environmental impact 
statement for the Titan IV launch vehicle modifications and launch 
operations program (Air Force 1988). On December 21, 1990, NMFS 
published an EA (NMFS 1990) on an 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 on 
the issuance of regulations authorizing an incidental take was not 
necessary.

Endangered Species Act (ESA)

    The Department of the Air Force consulted with NMFS, as required by 
section 7 of the ESA, on whether launches of Titan II and IV at SLC-4 
would jeopardize the continued existence of species listed as 
threatened or endangered. NMFS issued a section 7 biological opinion on 
this activity to the Air Force on October 31, 1988, concluding that 
launchings of the Titan IV was not likely to jeopardize the continued 
existence of the Guadalupe fur seal. The Air Force reinitiated 
consultation with NMFS after the Steller sea lion was added to the list 
of threatened and endangered species (55 FR 49204, November 26, 1990). 
However, since no northern sea lions have been sighted on the Channel 
Islands since 1984, it was determined that these launchings were not 
likely to affect northern sea lions. In addition, on September 18, 
1991, NMFS concluded that the issuance of a small take authorization to 
the Air Force to incidentally take marine mammals during Titan IV 
launches was not likely to jeopardize the continued existence of 
northern sea lions or Guadalupe fur seals.

Conclusions

    The short-term impact of the launching of Titan II and IV rockets 
is expected to be, at worst, 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 reoccupy the 
same area shortly after each launch. 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 NCI are unlikely.

Proposed Authorization

    NMFS proposes to issue an incidental harassment authorization for 1 
year (September 23, 1996 through September 22, 1997) for launches of 
the Titan II and IV rockets and related safety monitoring at SLC-4, 
provided the above mentioned monitoring and reporting requirements are 
incorporated. NMFS has preliminarily determined that the proposed 
launches of the Titan II and IV at SLC-4 would result in the harassment 
taking of only small numbers of harbor seals, California sea lions, 
northern elephant seal, northern fur seals and possibly Guadalupe fur 
seals; 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: March 11, 1996.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 96-6177 Filed 3-14-96; 8:45 am]
BILLING CODE 3510-22-F