[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Notices]
[Pages 40335-40336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19793]


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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 issuance 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 to take small numbers of harbor seals by 
harassment incidental to launches of Lockheed-Martin's launch vehicles 
(LMLVs) at Space Launch Complex 6 (SLC-6), Vandenberg Air Force Base, 
CA (Vandenberg) has been issued.

EFFECTIVE DATE: This authorization is effective from July 18, 1997, 
through July 17, 1998.

ADDRESSES: The application and authorization 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, 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.
    The MMPA Amendments of 1994 established 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. 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. 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 and may be detectable to marine 
mammals west of the Channel Islands. Launch noise would be 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.
    Background information on the activity, the authorization request, 
and affected marine mammals can be found in the proposed authorization 
notice (62 FR 26779, May 15, 1997) and previous notices (60 FR 24840, 
May 10, 1995; 60 FR 38308, July 26, 1995) on LMLV launches. Therefore 
this information is not repeated here. These documents are available 
from NMFS (see ADDRESSES).

Comments and Responses

    A notice of receipt of the application and the proposed 
authorization was published on May 15, 1997 (62 FR 26779) and a 30-day 
public comment period was provided on the application and proposed 
authorization. No comments were received during the comment period.

Conclusion

    For reasons discussed in the notice of proposed authorization, 
since NMFS is assured 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, 
NMFS has determined that the requirements of

[[Page 40336]]

section 101(a)(5)(D) have been met and the authorization can be issued.

Authorization

    For the above reasons, NMFS has issued an incidental harassment 
authorization for 1 year for the above described activity provided 
mitigation, monitoring, and reporting requirements described in the IHA 
are undertaken.

    Dated: July 15, 1997.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 97-19793 Filed 7-25-97; 8:45 am]
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