[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Notices]
[Pages 67618-67620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33642]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 093097E]


Small Takes of Marine Mammals Incidental to Specified Activities; 
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 issuance of incidental harassment authorizations.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is

[[Page 67619]]

hereby given that Incidental Harassment Authorizations to take small 
numbers of seals and sea lions by harassment incidental to launches of 
Delta II, Titan II, Titan IV, and Taurus launch vehicles at Vandenberg 
Air Force Base, CA (Vandenberg) have been issued to the U.S. Air Force.
DATES: Effective December 19, 1997.

ADDRESSES: The application and authorizations 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. 
A copy of the application, previous documentation and 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, or Irma Lagomarsino, Southwest 
Regional Office at 562-980-4016.

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. 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.''
    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.

    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 October 7, 1997, NMFS received an application from the U.S. Air 
Force, Vandenberg, requesting continuation of authorizations for the 
harassment of small numbers of seals and sea lions incidental to 
launches of Delta II, Titan II, Titan IV, and Taurus launch vehicles at 
Vandenberg. This application incorporated by reference the information 
contained in applications provided last year for these rocket launches. 
These applications (Titan II and IV-January 24, 1996, Delta II-July 17, 
1996, Taurus-August 14, 1996) are available upon request (see 
ADDRESSES).

Comments and Responses

    A notice of receipt of the application and the proposed 
authorization was published on November 14, 1997 (62 FR 61092) and a 
30-day public comment period was provided on the application and 
proposed authorization. No comments were received during the comment 
period.

Discussion

    In addition to this action, NMFS has received a petition for 
regulations and an application for a small take authorization under 
section 101(a)(5)(A) of the MMPA. If implemented, this rulemaking will 
replace these 1-year authorizations, along with another issued 
previously for Lockheed launch vehicles (62 FR 40335, July 28, 1997) 
with a 5-year regulatory program, governing incidental takes of marine 
mammals by launches of all rocket and missile types from Vandenberg. A 
notice of this petition was published on November 14, 1997 (62 FR 
61077).

Description of Marine Mammals and Potential Effects of Launches on 
Marine Mammals

    The marine mammal species anticipated to be incidentally harassed 
by launches from Vandenberg are harbor seals (Phoca vitulina), 
California sea lions (Zalophus californianus), northern elephant seals 
(Mirounga angustirostris), northern fur seals (Callorhinus ursinus) and 
possibly Guadalupe fur seals (Arctocephalus townsendi) in the vicinity 
of Vandenberg and on the Northern Channel Islands (NCI). In conjunction 
with publication of the previous application notices for launch 
activities, a description of the Southern California Bight population 
of seals and sea lions and the potential impacts from rocket launches 
on these species and stocks was provided on August 18, 1995 (60 FR 
43120), and August 29, 1996 (61 FR 45404), for Delta II authorizations, 
September 25, 1996 (61 FR 50276), for Taurus rocket authorization, and 
March 15, 1996 (61 FR 10727), for Titan II and IV authorizations. 
Interested reviewers are encouraged to refer to those documents for the 
appropriate discussion. These documents are available from NMFS (see 
ADDRESSES).
    As a result of the noise associated with launches and the sonic 
boom resulting from some launch vehicles at certain trajectories, there 
is a potential to cause a startle response to those seals and sea lions 
that haul out on the coastline of Vandenberg and on the NCI. The effect 
on the above listed seals and sea lions would be anticipated to result 
in a negligible short-term impact to small numbers of seals and sea 
lions that are hauled out at the time of a launch. 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 the above 
referenced Federal Register notices and are not repeated here.

Conclusions

    Based upon information provided by the applicant, and previous 
reviews of the incidental take of seals and sea lions by this activity, 
NMFS believes that the short-term impact of the rocket launches at 
Vandenberg and sonic booms on NCI is expected to result at worst, in a 
temporary reduction in utilization of the haulout as seals and/or sea 
lions leave the beach for the safety of the water. Launchings are not 
expected to result in any reduction in the number of seals or sea 
lions, and they are expected to continue to occupy the same areas. 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 seals and sea lions at 
Vandenberg are unlikely. For these reasons, NMFS has determined that 
the requirements of section 101(a)(5)(D) have been met and the 
authorization can be issued.

[[Page 67620]]

Authorization

    For the above reasons, NMFS has issued an incidental harassment 
authorization for a period of time not to exceed 1 year for launches of 
Delta II, Titan II, Titan IV, and Taurus launch vehicles at Vandenberg 
provided the monitoring and reporting requirements currently in effect 
are continued.

    Dated: December 19, 1997.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 97-33642 Filed 12-24-97; 8:45 am]
BILLING CODE 3510-22-F