[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Pages 30726-30727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14868]


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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 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 (IHA) to take small numbers of seals and sea 
lions by harassment incidental to launches of Lockheed Martin Athena 
launch vehicles (Athena) at Space Launch Complex 6 (SLC-6), Vandenberg 
Air Force Base, CA (Vandenberg) has been issued to the U.S. Air Force 
for a period not to exceed 1 year.

DATES: This authorization is effective from July 18, 1998, through July 
17, 1999.

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

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Marine Mammal 
Division, Office of Protected Resources at 301-713-2055, or Irma 
Lagomarsino, Southwest Regional Office at 562-980-4016.


[[Page 30727]]



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 Athena rockets from Vandenberg. The present authorization 
expires on July 18, 1998. The U.S. Air Force 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 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.

Comments and Responses

    A notice of receipt of the U.S. Air Force application and proposed 
authorization was published on April 8, 1998 (63 FR 17154), and a 30-
day public comment period was provided on the application and proposed 
authorization. No comments were received during the comment period.

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 
previously 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. 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. 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.
    For these reasons, NMFS has determined that the requirements of 
section 101(a)(5)(D) of the MMPA have been met and the authorization 
can be issued.

Authorization

    For the above reasons, NMFS has issued an IHA for a period of time 
not to exceed 1 year for launches of Athena rockets at SLC-6, 
Vandenberg, provided the monitoring and reporting requirements 
currently in effect are continued.

    Dated: June 1, 1998.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 98-14868 Filed 6-4-98; 8:45 am]
BILLING CODE 3510-22-F