[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Proposed Rules]
[Pages 61077-61078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29935]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 971023253-7253-01; I.D. 093097E]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Rocket Launches

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

ACTION: Notice of receipt of a petition for regulations and an 
application for a small take exemption; request for comment and 
information.

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SUMMARY: NMFS has received a request from the 30th Space Wing, U.S. Air 
Force for a small take of marine mammals incidental to missile and 
rocket launches, aircraft flight test operations and helicopter 
operations at Vandenberg Air Force Base, CA (Vandenberg). As a result 
of that request, NMFS is considering whether to propose regulations 
that would authorize the incidental taking of a small number of marine 
mammals. In order to issue such regulations, NMFS must determine that 
these takings will have a negligible impact on the affected species and 
stocks of marine mammals. NMFS invites comment on the application and 
suggestions on the content of the regulations.

DATES: Comments and information must be postmarked no later than 
December 15, 1997.

ADDRESSES: Comments 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-
3226. A copy of the application may be

[[Page 61078]]

obtained by writing to the above address, telephoning the person below 
(see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2055, or Irma Lagomarsino, 
Southwest Regional Office, NMFS, (310) 980-4016.

SUPPLEMENTARY INFORMATION:

Background

     Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 
U.S.C. 1361 et seq.) (MMPA) 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 for periods of 5 years or less if the 
Secretary 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 
regulations are prescribed setting forth the permissible methods of 
taking, and the requirements pertaining to the monitoring and reporting 
of such taking. NMFS has defined ``negligible impact'' in 50 CFR 
216.103 as ``an impact resulting from the specified activity that 
cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates 
of recruitment or survival.''

Description of Request

    On September 30, 1997, NMFS received an application for an 
incidental, small take exemption under section 101(a)(5)(A) of the MMPA 
from the 30th Space Wing, Vandenberg to take marine mammals incidental 
to missile and rocket launches, aircraft flight test operations, and 
helicopter operations at Vandenberg.
    Vandenberg is located on the south-central coast of California. The 
base covers approximately 98,000 acres in western Santa Barbara County. 
The Air Force's primary missions at Vandenberg are to launch and track 
satellites in space, test and evaluate the United State's 
intercontinental ballistic missile systems, and support aircraft 
operations. As a nonmilitary facet of operations, Vandenberg is also 
committed to promoting commercial space launch ventures.
    Vandenberg anticipates a total of 10 launches annually for 
Minuteman and Peacekeeper missiles from North Vandenberg and a total of 
20 launches annually for space launches (6 Delta II, 3 Taurus, 2 Atlas, 
3 Titan IV, 2 Titan II and 4 Lockheed launch vehicles) from South 
Vandenberg.
    Launch operations are a major source of noise. The operation of 
launch vehicle engines produces significant sound levels. Generally, 
four types of noise occur during a launch. They are: (1) Combustion 
noise from launch vehicle chambers; (2) jet noise generated by the 
interaction of the exhaust jet and the atmosphere; (3) combustion noise 
from the post-burning of combustion products; and (4) sonic booms.
    Noise disturbance from operations on Vandenberg may cause 
negligible short-term impacts to pinnipeds (seals and sea lions) hauled 
out on the Vandenberg coastline. The principal form of impacts would be 
infrequent and unintentional incidental harassment resulting from noise 
generated by aircraft and by missile and rocket launches. There is a 
potential for launch noises and sonic booms to cause a startle response 
and flight to water for those harbor seals, California sea lions and 
other pinnipeds that may haul out on the coastline of Vandenberg and on 
the Northern Channel Islands (NCI). Launch noise is expected to occur 
over the coastal habitats in the vicinity of the Vandenberg launch site 
during every launch, while sonic booms may be heard on NCI, 
specifically San Miguel and Santa Rosa Islands, only during certain 
launches of certain rocket types (principally Titan IV). Because the 
noise may potentially result in disturbance of pinnipeds, an MMPA 
authorization is required in order to exempt the applicant from the 
penalties of the MMPA for taking by harassment that occurs in 
compliance with such authorization.
    Regulations, if issued, would replace annual incidental harassment 
authorizations issued to Vandenberg for takings incidental to launches 
by Lockheed Martin launch vehicles (62 FR 40335, July 28, 1997), 
McDonnell Douglas Aerospace Delta II rocket launches (61 FR 59218, 
November 21, 1996), Taurus launches (62 FR 734, January 6, 1997) and 
Titan II and Titan IV launches (61 FR 64337, December 4, 1996). In 
addition, these regulations would authorize takings incidental to 
Minuteman and Peacekeeper missile launches, aircraft flight test 
operations and helicopter operations, which have not been authorized 
previously.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning the request and the structure and content of 
the regulations to allow the taking. NMFS will consider this 
information in developing proposed regulations to authorize the taking. 
If NMFS proposes regulations to allow this take, interested parties 
will be given ample time and opportunity to comment.

    Dated: November 6, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-29935 Filed 11-13-97; 8:45 am]
BILLING CODE 3510-22-F