[Federal Register Volume 63, Number 67 (Wednesday, April 8, 1998)]
[Notices]
[Pages 17154-17155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9258]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 040298A]


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 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 incidental harassment authorization to take small 
numbers of marine mammals incidental to launches of Lockheed Martin 
launch vehicles (LMLV) at Vandenberg Air Force Base, CA (Vandenberg). 
Under the Marine Mammal Protection Act (MMPA), NMFS is requesting 
comments on its proposal to continue to authorize these takings 
(limited to harassment) for a period not to exceed 1 year.

DATES: Comments and information must be received no later than May 8, 
1998.

ADDRESSES: Comments on this 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 this

[[Page 17155]]

application, previous documentation and Federal Register notices on 
this action may be obtained by writing to this address or by 
telephoning the contact listed here.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead 301-713-2055, or 
Irma Lagomarsino 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) and will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses, and that 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 1 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 a 
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 10, 1998, 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 and possibly California sea 
lions, northern elephant seals, and other pinnipeds incidental to 
launches of LMLV (now identified as Athena) rockets from Vandenberg. 
This application incorporates by reference the information contained in 
applications provided each year since 1995. Detailed descriptions of 
the activity and the expected impact from rocket launches on harbor 
seals and other marine mammals have been provided in previous 
authorization notices for Lockheed (60 FR 24840, May 10, 1995; 60 FR 
38308, July 26, 1995; 61 FR 19609, May 2, 1996; 61 FR 38437, July 24, 
1996; 62 FR 26779, May 15, 1997; and 62 FR 40335, July 28, 1997). These 
applications and notices are available upon request (see ADDRESSES).
    It should be noted that 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 this 1-year authorization, (see 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, and jet aircraft 
and helicopter operations from Vandenberg.

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 is principally the harbor seal (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) may also be harassed, but in significantly smaller 
numbers. A detailed description of the Southern California Bight 
population of seals and sea lions and the potential impacts from rocket 
launches on these species and stocks, have been provided in the above 
referenced Federal Register notices and are not repeated here. For the 
appropriate discussion, interested reviewers are encouraged to refer to 
those documents, which are available upon request 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.

Conclusions

    Based upon information provided by the applicant and by 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 is expected to result in, at worst, a temporary reduction in 
utilization of the haulout as seals and/or sea lions leave the beach 
for the safety of the water. The launching is 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 area. Additionally, 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.

Proposed Authorization

    NMFS proposes to issue individual incidental harassment 
authorizations for a period of time not to exceed 1 year for launches 
of Lockheed Martin Athena rockets at Vandenberg provided the monitoring 
and reporting requirements currently in effect are continued. NMFS has 
preliminarily determined that the proposed launches of these launch 
vehicles at Vandenberg would result in the harassment taking of only 
small numbers of seals and sea lions and would have no more than a 
negligible impact on the species and stocks of marine mammals.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning this request (see ADDRESSES).

    Dated: April 2, 1998.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 98-9258 Filed 4-7-98; 8:45 am]
BILLING CODE 3510-22-F