[Federal Register Volume 61, Number 169 (Thursday, August 29, 1996)]
[Notices]
[Pages 45404-45407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22057]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 081696A]


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 
continuation of an 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 30, 1996.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, 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, and/or previous Federal Register notices on this 
activity 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 
NMFS 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.

[[Page 45405]]

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.
    Subsection 101(a)(5)(D) of the MMPA established an expedited 
process by which U.S. citizens can apply for an authorization to 
incidentally take small numbers of marine mammals by harassment for a 
period of up to 1 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.

    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 17, 1996, NMFS received an application from the U.S. Air 
Force requesting continuation of 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 up to 10 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 259.50 deg. west for the first 90 seconds, then a 41-
second dog-leg maneuver to bring the vehicle on its southward course of 
196 deg.. This trajectory takes the launch vehicle away from the coast 
and nearly 30 mi west of San Miguel Island (SMI), the westernmost 
Channel Island (Air Force, 1995b)1.
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    \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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Description of Habitat and Marine Mammals Affected by Delta IIs

    The Southern California Bight (SCB), including the Channel Islands 
area, support a diverse assemblage of pinnipeds (seals and sea lions) 
and cetaceans (whales, dolphins, and porpoises). California sea lions 
(Zalophus californianus), northern elephant seals (Mirounga 
angustirostris), harbor seals (Phoca vitulina) and northern fur seals 
(Callorhinus ursinus) breed on the Islands, with the largest rookeries 
on SMI and San Nicolas Island.
    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.
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    \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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    Because it is the only species that hauls out along the Vandenberg 
coast, the only marine mammal anticipated to be incidentally harassed 
by Delta II launches is the harbor seal. A description of the SCB 
population of harbor seals and other pinniped species was provided on 
August 18, 1995, in conjunction with publication of the previous notice 
of application for this activity (60 FR 43120) and is therefore not 
repeated here. Only new information on harbor seals is provided below. 
Interested reviewers are encouraged to refer to the document cited 
above for the appropriate discussion. That document is also available 
from NMFS (see ADDRESSES).
    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).
    Vandenberg supports a substantial population of harbor seals. A 
total of 19 distinct haulout sites are present on Vandenberg (between 
Point Sal and Jalama Beach), although not all sites are used regularly 
(Roest 1995). For most of the year, the average number of harbor seals 
on the Vandenberg coast is about 330 individuals. This number nearly 
doubles during the molting season (June) to roughly 610. The largest 
population occurs on South Vandenberg, although a smaller permanent 
population is present at two sites near Purisima Point on North 
Vandenberg. Based on aerial surveys completed between 1983 and 1993 in 
May or June by the California Department of Fish and Game, harbor seal 
populations on Vandenberg varied from a low of 139 in 1983 to a high of 
864 in 1990 (Roest 1995). Some variability in numbers may be due to 
actual changes in population densities while others may be due to 
refinement in techniques for completing the aerial surveys. In general, 
it appears that the current population of harbor seals at all 19 
haulout sites on Vandenberg peaks at roughly 600 to 800 seals (Air 
Force 1996).
    Maximum numbers of harbor seals at Purisima Point in May/June 
average about 40 while the Spur Road site seems to have an average 
maximum of from 60 to 80 individuals. More than other sites, Spur Road 
appears to have peak numbers in the fall (Air Force 1996, Roest 1995). 
However, both sites are submerged at high tide, making them unavailable 
to harbor seals during those times.

Potential Effects of Delta II Launches on Marine Mammals

    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 North Vandenberg, 
principally Purisima Point and Spur Road. 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.
    The effect on pinnipeds would be disturbance by sound, which is 
anticipated to result in a negligible short-term impact to the small 
number of harbor seals and other pinnipeds that may be hauled out along 
the coast near SLC-2W at the time of Delta II launches. NMFS is unaware 
of any 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 marine mammal species may hear 
either the launch noise or the sonic boom. In addition, because of the 
mostly

[[Page 45406]]

horizontal propagation of launch noise, little noise is expected to 
penetrate the water interface.
    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. Based upon measurements made in 
1995 (Aerospace Corporation 1996), the maximum overall sound pressure 
levels from launch noise associated with the Delta II under typical 
conditions is predicted to be about 115 dBA (129 dB unweighted)(re 
20Pa @ 1 m) 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 approximately 
1 minute.
    Because of high-tide and pre-dawn conditions at the time of the two 
previous launches of Delta IIs at Vandenberg, few to no seals were 
expected to be ashore at these launch times. However, based upon 
monitoring 3 days prior to, and after, these launches, there appeared 
to be no differences in the number of harbor seals using these sites 
for hauling out before and after launchings of Delta IIs (Air Force 
1996).
    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 
and other pinnipeds, hauled out at Point Arguello and Rocky Point 
(approximately 15 mi (24.1 km) south of SLC-2W), 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.
    Launch noises are not expected to impact marine mammals offshore, 
although pinnipeds in the nearshore waters around SLC-2W may alert to 
the noise, and some may possibly submerge. 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 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 presently reasonable 
expectation that no 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 noise. However, simply hearing the noise does not mean 
that the animals have been harassed.

Northern Channel Islands

    Sonic booms resulting from launches of the Delta II vary with the 
vehicle 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 1 ft). 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 14,000-15,000 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 
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, 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, 
1995), sound entering a water surface at an angle greater than 130 deg. 
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, or 
injury to, 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

[[Page 45407]]

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 Spur Road and Purisima Point. 
The applicant proposes to conduct at least 3 sets of seal abundance and 
behavioral observations with the first no more than 7 days prior to the 
launch and the final set as soon as practicable after the launch. Video 
monitoring of daylight launches would also be required. A report on 
this monitoring program would be required to be submitted prior to next 
year's authorization request, unless the monitoring indicated that 
serious injuries or mortalities had occurred that might relate to the 
launching. In this case, the authorization would require immediate 
notification of this fact to the Southwest Regional Director, NMFS.

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-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 23, 1996.
Rennie S. Holt,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 96-22057 Filed 8-28-96; 8:45 am]
BILLING CODE 3510-22-F