[Federal Register Volume 64, Number 159 (Wednesday, August 18, 1999)]
[Notices]
[Pages 44893-44894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21469]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 080599C]


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 proposed modification to a letter of authorization; 
request for comments.

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SUMMARY: On August 3, 1999, the 30th Space Wing, U.S. Air 
Force, requested a modification to the Letter of Authorization (LOA) 
issued to it on April 2, 1999. The letter requests that a new rocket, 
the Minotaur, be added to the list of rockets authorized to take harbor 
seals and California sea lions incidental to rocket launches from 
Vandenberg Air Force Base (Vandenberg) in California. Under the Marine 
Mammal Protection Act (MMPA), NMFS is requesting comments on its 
proposal to amend the LOA issued to the 30th Space Wing to 
authorize this new rocket type. The U.S. Air Force has not requested, 
and NMFS does not propose, to increase the number of annual launches 
from Vandenberg that are authorized to take marine mammals under the 
LOA.

DATES: Comments and information must be received no later than 
September 2, 1999.

ADDRESSES: Comments on the application should be addressed to Donna 
Wieting, Chief, Marine Mammal Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225. A copy of 
the request for modification, the LOA and the supporting documentation 
are available for review during regular business hours in the following 
offices: Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910, and the Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2055, or Christina Fahy, NMFS, 
(562) 980-4023.

SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) directs NMFS to allow, on request, the incidental, but 
not intentional, taking of small numbers 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. Under the MMPA, the term ``taking'' 
means to harass, hunt, capture, or kill or to attempt to harass, hunt, 
capture or kill marine mammals.
    Permission may be granted for periods up to 5 years if NMFS finds, 
after notification and opportunity for public comment, that the taking 
will have a negligible impact on the species or stock(s) of marine 
mammals and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses. In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means effecting the least practicable 
adverse impact on the species and its habitat and on the availability 
of the species for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. The 
regulations must include requirements pertaining to the monitoring and 
reporting of such taking. Regulations governing the taking of seals and 
sea lions incidental to missile and rocket launches, aircraft flight 
test operations, and helicopter operations at Vandenberg were published 
on March 1, 1999 (64 FR 9925), and remain in effect until December 31, 
2003.
    In accordance with the MMPA, as amended, and implementing 
regulations, a 1-year LOA to take small numbers of seals and sea lions 
was issued on April 2, 1999, to the 30th Space Wing (64 FR 
17145, April 8, 1999). On August 3, 1999, the 30th Space 
Wing requested NMFS to amend the LOA to include a new rocket, the 
Minotaur, to the list of rockets authorized to take harbor seals and 
California sea lions incidental to activities at Vandenberg.

Discussion and Analysis

    Spaceport Systems International (SSI) wants to begin launching the 
OSP Space Launch Vehicle, the Minotaur rocket, from the California 
Commercial Spaceport (CCS) on Vandenberg. The Minotaur contains 2 
segments of Minuteman II solid-fuel motors and 2 Orion upperstage 
motors. According to SSI, the sound emitted during the launch should be 
no more than what a Minuteman II would emit.
    Because this is a new launch vehicle, it was not included in the 
LOA issued to Vandenberg on April 2, 1999. Therefore, in order for NMFS 
to authorize the takings by harassment incidental to this new rocket, 
NMFS must be assured that the takings will not exceed the level of 
incidental harassment considered when it made its negligible impact 
finding on March 1, 1999 (64 FR 9925). First, Vandenberg is authorized 
to harass pinnipeds incidental to 10 missile launches from North 
Vandenberg and 20 rocket launches annually from South Vandenberg. This 
authorized level of launches for incidental takes of marine mammals 
will not be modified by NMFS to add this additional rocket to the LOA. 
Second, as mentioned previously, the Minotaur rocket consists of the 
first two segments of Minuteman II solid-fuel motors and two Orion 
upperstage motors. For incidental takes of pinnipeds on the Vandenberg 
coastline, only the first one or two motors are important for assessing 
impacts along the California coast. The Minotaur, like the Minuteman II 
missiles launched from North Vandenberg, use Thiokol first-stage rocket 
motor with 202,600 pounds (lbs) of thrust and a second-stage motor made 
by Aerojet with 60,000 lbs of thrust. As a result, launch noises would 
be similar to those expected at North Vandenberg during a Minuteman II 
launch.
    Third, Vandenberg has requested a small take of harbor seals (and 
possibly a few California sea lions) by incidental harassment for this 
rocket launched

[[Page 44894]]

from the CCS, an area close to Space Launch Complex (SLC)-6. While the 
CCS was identified in the 30th Space Wing's July 11, 1997, 
application for a small take authorization and in the U.S. Air Force's 
Programmatic Operations Environmental Assessment for small takes of 
marine mammals, because the CCS was under construction at the time, no 
rocket types were identified for launching at that time of the 
application to NMFS. As a result, an incidental take assessment could 
not be made for this location by either NMFS or the 30th 
Space Wing during the rulemaking. However, impacts to pinnipeds from 
launches at nearby SLC-6 by Lockheed Martin's family of Athena rockets 
was analyzed on July 21, 1998 (63 FR 39055) and previously (see 60 FR 
24840, May 10, 1995).
    Finally, because the Minotaur rocket's first stage solid-fuel 
booster is half the size of the first-stage booster of the Athena 1 
launched from SLC-6, it can be expected to impact the nearby harbor 
seal haulouts to a lesser, but unknown, level than the Athena. NMFS 
estimated that the Athena rocket would, under typical conditions, 
result in a sound pressure level (SPL) of 127 dB (107 dBA) re 20 
Pa at the harbor seal haulouts at Rocky Point, which are about 
1.5 mi (2.4 km) to the south and southwest of SLC-6. This level is 
sufficient to cause harbor seals to leave the beach at Point Arguello, 
Rocky Point, and Boathouse Flats. However, because the CCS is only 1 
mile (1.6 km) from the closest haulout at Rocky Point whereas SLC-6 is 
approximately 2.5 mi (4.0 km) away from the nearest haulout, NMFS 
expects that SPLs from the launch of the Minotaur will be similar to 
levels expected from the Athena rocket at the Rocky Point haulout.
    Because the addition of the Minotaur rocket to the launch list at 
Vandenberg will not result in an increase in the number of launches 
authorized to take pinnipeds under the LOA, NMFS does not expect 
additional cumulative impacts to occur and therefore, NMFS has 
preliminarily determined that the takes will remain small and not have 
more than a negligible impact on seals and sea lions at Vandenberg.

Monitoring and Reporting

    Under an amended LOA, if issued, the 30th Space Wing 
would be required to monitor the impacts of the Minotaur launches at 
CCS. Because this is a new launch vehicle, the 30th Space 
Wing would be required under the LOA to measure the noise profiles from 
the rocket at the time of its first launch and to monitor impacts on 
marine mammals at nearby active, pinniped haulouts.

Information Solicited

    NMFS requests interested persons to submit comments, and 
information, concerning this request (see ADDRESSES). Issuance of a 
modified LOA will be based on a finding that the total takings will 
have no more than a negligible impact on the seal and sea lion 
populations off the Vandenberg coast and on the Northern Channel 
Islands.

    Dated: August 12, 1999.
Art Jeffers,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 99-21469 Filed 8-17-99; 8:45 am]
BILLING CODE 3510-22-F