[Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
[Notices]
[Pages 50276-50278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24509]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 091396A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Taurus Space 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.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from the U.S. Air Force for an 
authorization to take small numbers of seals, sea lions and fur seals 
by harassment incidental to launches of Taurus space launch vehicles 
(Taurus SLV) at Launch Support Complex 576E (LSC- 576E), Vandenberg Air 
Force Base, CA (Vandenberg). Under the Marine Mammal Protection Act 
(MMPA), NMFS is requesting comments on its proposal to authorize the 
incidental take, by harassment, of small numbers of Pacific harbor 
seals, and other seal and sea lion species, in the vicinity of 
Vandenberg for a period of 1 year.

DATES: Comments and information must be received no later than October 
25, 1996.

ADDRESSES: Comments on the application should be addressed to Chief, 
Marine Mammal Division (Attn: Small Take Program Manager), Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910. A copy of the application and 
previous Federal Register notices on related actions 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. 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 August 14, 1996, NMFS received a revised application from the 
U.S. Air Force, Vandenberg, requesting an authorization for the 
harassment of small numbers of harbor seals and possibly California sea 
lions and northern elephant seals, incidental to launches of Taurus 
SLVs at LSC-576E, Vandenberg. These launches would place commercial 
payloads into earth orbit. Because LSC-576E 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 LSC-576E, 
missions flown from LSC-576E do not fly directly on their final 
southward course. The normal trajectory for a LSC-576E launch is in a 
general west-south-west direction away from the coastline. The flight 
paths for each 1997 launch will proceed on an initial azimuth of 
205 deg. until approximately 24 kilometers (km )(15 miles (mi)) west of 
the shoreline. The Taurus SLV will then perform a dogleg maneuver left 
to a final mission-specific azimuth of between 180 deg. and 197 deg.. 
No Taurus SLV launch from LSC-576E will proceed southeast, overflying 
San Miguel (SMI) or Santa Rosa islands. Orbital Sciences Corporation 
(OSC 1996) anticipates launching two Taurus SLVs during the 1-year 
period of validity for this proposed authorization.
    As a result of the noise associated with the launch itself and the 
resultant sonic boom, there is the potential to cause a startle 
response to those harbor seals that haul out on the coastline south and 
southwest of Vandenberg and may be detectable to marine mammals in 
waters off Vandenberg and to the west of the Channel Islands. Launch 
noise would be expected to occur over the coastal habitats in the 
vicinity of LSC-576E while a low-level sonic boom may be heard west of 
the Channel Islands.

[[Page 50277]]

Description of Habitat and Marine Mammals Affected by Taurus

    The Southern California Bight (SCB), including the Channel Islands 
area, supports 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), Pacific 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 LSC-576E. A small population of harbor 
seals are normal residents of Purisima Point, and southern sea otters 
(Enhydra lutra) were censused there during the spring of 19951.
---------------------------------------------------------------------------

    \1\ 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.
---------------------------------------------------------------------------

    Because it is the only species that hauls out along the Vandenberg 
coast in any numbers, the harbor seal is the only marine mammal 
anticipated to be incidentally harassed by Taurus SLV launches. A 
description of the SCB population of harbor seals and other pinniped 
species was provided in the notices published on May 10, 1995 (60 FR 
24840) and August 18, 1995 (60 FR 43120), in conjunction with 
publication of the previous notices of application for Vandenberg 
launch activities and is, therefore, not repeated here. In addition, 
new information on harbor seals has been provided more recently in 
another notice (61 FR 45404, August 29, 1996) and is summarized below. 
Additional information on California marine mammal populations can be 
found in Barlow et al. (1995), while marine mammal information specific 
to Vandenberg can be found in Roest (1995). Interested reviewers are 
encouraged to refer to the documents cited above for the appropriate 
discussion. These documents are also available from NMFS (see 
ADDRESSES).
    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). 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. 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, and Rocky Point has approximately 
70 harbor seals in the spring. More than other sites, Spur Road appears 
to have peak numbers in the fall (Air Force 1996, Roest 1995). However, 
both the Spur Road and Purisima Point sites are submerged at high tide, 
making them unavailable to harbor seals during those times.

Potential Effects of Taurus SLV Launches on Marine Mammals

    The effect on harbor seals is expected to 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 are hauled out 
at the time of Taurus SLV launches. No impacts are anticipated to 
animals that are in the water at the time of launch. Detailed 
descriptions and analyses of the expected impact from rocket launches 
on harbor seals and other marine mammals have been provided in previous 
notices (60 FR 24840, May 10, 1995; 60 FR 38308, July 26, 1995; 60 FR 
43120, August 18, 1995; 60 FR 52653, October 10, 1995; and 61 FR 10727, 
March 15, 1996) and are not repeated here. These documents are 
available from NMFS (see ADDRESSES).
    Based upon measurements made on a March 13, 1994, Taurus SLV launch 
by Stewart et al. (1994), the sound exposure level (SEL) recorded at 
Purisima Point (40-second duration; 2.24 km (1.4 mi) from the launch 
pad) was 108.1 dB (A-weighted: re 20Pa @ 1 m) and 127.4 dB 
(unweighted). Twenty of the 23 harbor seals that were hauled out at 
this location before the launch fled immediately into the water within 
a few seconds after launch. The A-weighted SEL of noise recorded at 
Rocky Point (130-second duration; 20.4 km (12.7 mi) from the launch 
pad) was 80.0 dB, while the unweighted SEL was 103.9 dB. That noise 
included launch noise and possibly a sonic boom below 50 Hz. Twenty of 
74 harbor seals that were monitored at Rocky Point fled into the water 
within several seconds of the sound arriving there. However, none of 
the four young pups that were ashore left the beach nor were they 
separated from their mothers. A comparison of the reactions of harbor 
seals to sound at the two study sites indicates that the intensity and 
duration of reactions of harbor seals to the type of noise associated 
with the Taurus SLV was directly related to the intensity of the noise 
to which they were exposed (Stewart et al. 1994). Substantially more 
seals reacted to the launch noise at Purisima Point than at Rocky 
Point. Furthermore, seals at Purisima Point reacted much more 
energetically and remained in the water substantially longer at 
Purisima Point than did seals at Rocky Point.
    Although monitoring was apparently not conducted at Spur Road 
(approximately 0.5 mi (804 m) from LSC-576E) in 1994, based upon 
measurements for Delta II (Aerospace Corporation 1996) and comparing 
these results with Taurus (Stewart et al. 1994), an SEL can be 
estimated for Spur Road to be approximately 115 dBA (129 dB 
unweighted). While an SPL of 115-120 dBA (re 20Pa @ 1 m) may 
cause a short-term (minutes to hours), temporary threshold shift (TTS) 
injury to hearing (Richardson et al. 1995), due to the infrequency of 
launches at LSC-576E and nearby LSC-2W, TTS-injuries are not expected 
to be serious and the animals will recover.
    Rocket engine noise over the Northern Channel Islands (NCI) from 
the just-launched Taurus SLVs traveling at supersonic speeds should not 
affect pinnipeds hauled out on these islands. The Taurus SLV flight 
paths will be to the west-southwest away from the California coast. 
Sonic boom noise developed as a result of these launches is not 
expected to reach the Channel Islands. Low intensity rumbling noise may 
reach the Channel Islands with the effect ranging from a simple alert 
response to a startle response, which, while unlikely, could result in 
movement into the water. The initial Taurus SLV launch from LSC-576E 
did not cause a sonic boom over SMI, and there was no response by 
pinniped species on SMI (OSC 1996) from launch noise.

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 Taurus SLV

[[Page 50278]]

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 (the scheduled 1997 Taurus SLV 
launches are presently scheduled outside this period); 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 and Reporting

    The holder of the Incidental Harassment Authorization has proposed 
a monitoring program to assess the impact of Taurus SLV launches on the 
harbor seal haulouts in the vicinity of Spur Road and Purisima Point. 
The applicant proposes to monitor the harbor seal population at these 
locations for a period of 3 days prior to launch, immediately following 
launch, and for a 3-day period following launch. The monitoring will 
consist of a population assessment to determine if there is any 
reduction in numbers of animals or a notable change in behavior. Video 
and photographic monitoring of daylight launches would also be 
conducted if any launch takes place between February and September 
1997. The applicant will also perform additional post-launch monitoring 
for any launches conducted during the harbor seal pupping season. OSC 
will conduct an acoustic (sound propagation) monitoring program for the 
first Taurus SLV launch at LSC-576E and the applicant will continue its 
program for prediction and monitoring focused sonic boom impacts on the 
NCI.
    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

    Based upon information provided by the applicant, the results from 
monitoring a previous Taurus SLV launch, and previous reviews of the 
incidental take of harbor seals by this activity, NMFS believes that 
the short-term impact of the launching of Taurus SLVs is expected to 
result at worst, in a temporary reduction in utilization of the haulout 
as seals leave the beach for the safety of the water and may result in 
a non-serious TTS injury to those harbor seals hauled out or on the 
water surface within approximately 3,000 ft of LSC-576E. The launching 
is not expected to result in any reduction in the number of harbor 
seals, 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 harbor seals at Vandenberg 
are unlikely but may eventually be determined by the frequency and 
timing of all launches at Vandenberg.

Proposed Authorization

    NMFS proposes to issue an incidental harassment authorization for 1 
year for launches of Taurus SLV at LSC-576E provided the monitoring and 
reporting requirements are implemented. NMFS has preliminarily 
determined that the proposed launches of Taurus SLVs at LSC-576E would 
result in the Level A harassment taking of only small numbers of harbor 
seals, will have a negligible impact on the harbor seal stock and will 
not have an unmitigable adverse impact on the availability for 
subsistence uses.

Information Solicited

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

    Dated: September 19, 1996.
Rennie S. Holt,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 96-24509 Filed 9-24-96; 8:45 am]
BILLING CODE 3510-22-F