[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Notices]
[Page 24899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11791]


      
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 Notices
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  Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / 
Notices  

[[Page 24899]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 042797C]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Lockheed Launch Vehicles at Vandenberg Air Force Base, CA

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

ACTION: Notice of modification 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 (IHA), issued to the U.S. Air Force (USAF) on 
July 17, 1996, to take small numbers of marine mammals by harassment 
incidental to launches of Lockheed-Martin launch vehicles (LMLVs) at 
Space Launch Complex 6 (SLC-6), Vandenberg Air Force Base, CA 
(Vandenberg), has been modified.

EFFECTIVE DATE: The authorization is effective from May 1, 1997 until 
July 17, 1997.

ADDRESSES: The application, authorization and modification 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, 301-713-2055.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 1996, NMFS received an application from the USAF, 
Vandenberg, requesting continuation of an authorization for the 
harassment of small numbers of harbor seals incidental to launches of 
LMLVs at SLC-6, Vandenberg. These launches would place commercial 
payloads into low earth orbit. Because of the requirements for 
circumpolar trajectories of the LMLV and its payloads, the use of SLC-6 
is the only feasible alternative for LMLV launches within the United 
States. As a result of the noise associated with the launch itself and 
the resultant sonic boom, these noises have the potential to cause a 
startle response to those harbor seals which haul out on the coastline 
south and southwest of Vandenberg.
    Background information and rationale was provided with the notice 
of receipt of the application and proposed authorization that was 
published on May 2, 1996 (61 FR 19609), and are not repeated here. A 
30-day public comment period was provided on the application and 
proposed authorization. After review of the comments received on the 
application, NMFS concluded 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, would have only a negligible impact on 
the species, and would result in the least practicable impact on the 
stock. Accordingly, NMFS determined that the requirements of section 
101(a)(5)(D) of the MMPA had been met and the incidental harassment 
authorization was issued on July 17, 1996 (61 FR 384437, July 24, 
1996).

Summary of Request

    Condition 7(b) of the IHA requires the USAF to observe harbor seal 
activity on haul-outs in the vicinity of SLC-6 before and after each 
LMLV launch and to monitor this activity using either still photography 
or video when biological observations cannot be made. On March 12, 
1997, NMFS received a request from the USAF requesting an amendment to 
condition 7(b) by waiving nighttime video monitoring of the launch of 
an LMLV scheduled from Vandenberg during nighttime in May 1997.
    Because the upcoming launch of the LMLV at SLC-6 is a nighttime 
launch, when harbor seals are not expected to be hauled out in any 
numbers, and, because video monitoring at night is not effective, a 
waiver of condition 7(b) and a modification of the IHA is appropriate.
    Accordingly, NMFS amended Condition 7(b) of the IHA on the date 
indicated above (see EFFECTIVE DATES) as follows:

    ``b. Biological observations on harbor seal activity, must 
commence at least 48 hours prior to the planned launch and continue 
for a period of time not less than 48 hours subsequent to launching, 
and must be supplemented by video recording of mother-pup seal 
responses for daylight launches during the pupping season; and''

    It should be noted however, that the USAF is required to comply 
with all of the other conditions of the IHA, including observations of 
harbor seal activity, as required in the IHA. In addition, should the 
launch be delayed until daylight, video monitoring would be required, 
since the planned launch will take place during the harbor seal pupping 
season.

    Dated: April 30, 1997.
Hilda Diaz-Soltero,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 97-11791 Filed 5-6-97; 8:45 am]
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