[Federal Register Volume 62, Number 94 (Thursday, May 15, 1997)]
[Notices]
[Pages 26779-26780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12693]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 043097B]


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 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 Lockheed Martin launch vehicles 
(LMLVs) at Space Launch Complex 6 (SLC-6), Vandenberg Air Force Base, 
CA (Vandenberg). Under the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to continue to authorize the 
incidental take, by harassment, of small numbers of harbor seals in the 
vicinity of Vandenberg for a period of 1 year.

DATES: Comments and information must be received no later than June 16, 
1997.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Marine Mammal Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910. A copy of the 
application and previous Federal Register notices on this action may be 
obtained by writing to this address or by telephoning the contact 
listed below.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of 
Protected Resources at 301-713-2055.

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.
    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 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 March 21, 1997, NMFS received an application from the U.S. Air 
Force, 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 using its family of vehicles (LMLV-1, 
LMLV-2 and LMLV-3). Because of the requirements for circumpolar 
trajectories of the LMLV and its payloads, the use of SLC-6 is the only 
feasible alternative 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 that haul out on the coastline south and southwest of Vandenberg 
and may be detectable to marine mammals west of the Channel Islands. 
Launch noise would be

[[Page 26780]]

expected to occur over the coastal habitats in the vicinity of SLC-6 
while low-level sonic booms could be heard west of the Channel Islands.

Description of Habitat and Marine Mammals Affected by LMLVs

    The only marine mammal anticipated to be incidentally harassed by 
LMLV launches is the harbor seal (Phoca vitulina). A description of the 
Southern California Bight population of harbor seals was provided on 
May 10, 1995 (60 FR 24840), in conjunction with publication of the 
previous notice of application for this activity. Interested reviewers 
are encouraged to refer to that document for the appropriate 
discussion. This document is available from NMFS (see ADDRESSES).

Potential Effects of LMLV Launches on Marine Mammals

    The effect on harbor seals would be disturbance by sound that is 
anticipated to result in a negligible short-term impact to small 
numbers of harbor seals that are hauled out at the time of LMLV 
launches. No impacts are anticipated to animals that are in the water 
at the time of launch. Detailed descriptions 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).

Conclusions

    Based upon information provided by the applicant, and previous 
reviews of the incidental take of harbor seals by this activity, NMFS 
believes that the short-term impact of the launching of LMLVs 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. 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.

Proposed Authorization

    NMFS proposes to issue an incidental harassment authorization for 1 
year for launches of LMLVs at SLC-6 provided the monitoring and 
reporting requirements currently in effect (see 60 FR 24840, May 10, 
1995) are continued. NMFS has preliminarily determined that the 
proposed launches of LMLVs at SLC-6 would result in the 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: May 9, 1997.
Hilda Diaz-Soltero,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 97-12693 Filed 5-14-97; 8:45 am]
BILLING CODE 3510-22-F