[Federal Register Volume 66, Number 53 (Monday, March 19, 2001)]
[Notices]
[Pages 15406-15408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6747]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022701D]


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 and annual renewal of a letter 
of authorization; request for comments.

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SUMMARY: On February 5, 2001, the 30\th\ Space Wing, U.S. Air Force, 
requested a modification to their Letter of Authorization (LOA) issued 
on May 31, 2000. The letter requests modifications to the launch 
schedule and revisions to the LOA's current monitoring requirements. 
Under the Marine Mammal Protection Act (MMPA), NMFS is requesting 
comments on its proposal to amend the LOA issued to the 30\th\ Space 
Wing in order to make modifications to the launch schedule and to 
authorize changes to current monitoring requirements at Vandenberg Air 
Force Base (VAFB) and on the Northern Channel Islands. In addition, the 
30\th\ Space Wing requests renewal of their annual LOA for the year 
2001-2002. 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 new LOA.

DATES: Comments and information must be received no later than April 
18, 2001.

ADDRESSES: Comments on the application should be addressed to Donna 
Wieting, Chief, Marine Mammal Conservation 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, including a list of references cited in this 
notice, 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: FURTHER INFORMATION CONTACT: Simona P. 
Roberts, Office of Protected Resources, NMFS, (301) 713-2322, ext. 106 
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 9930), 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 May 31, 2000, to the 30\th\ Space Wing (65 FR 37361). On 
February 5, 2001, the 30th Space Wing requested that NMFS revise the 
rocket launch schedule, rocket launch location, and monitoring 
requirements in the current LOA to reflect the results of on-going 
scientific research and monitoring requirements designed to assess the 
potential cumulative effects on the haul-out behavior, population 
dynamics, and hearing abilities of pinnipeds from space vehicle 
launches at Vandenberg Air Force Base (VAFB). This research has found 
that there have been no long-term adverse effects on the behavior or 
hearing of harbor seals at VAFB from space vehicle launches. In 
addition to these revisions, the 30th Space Wing has requested a 1-year 
renewal of the current LOA that expires on May 31, 2001.

[[Page 15407]]

Requested Modifications to Specified Activities

    The number of rocket launches of each type of launch vehicle (Titan 
II, Titan IV, Lockheed-Martin, Delta II, Taurus, Atlas, and Minotaur) 
varies from year to year and space launches originate from both North 
and South Vandenberg. The 30th Space Wing requests a change in the 
current authorization to reflect the variable nature of the launch 
vehicle type by eliminating the number of launches per individual 
rocket program. The authorization will remain for no more than 20 
rocket launches per year. They also request eliminating ``South'' to 
clarify that space launches occur from both North and South Vandenberg. 
Three years of monitoring have shown that this variable rocket launch 
schedule and launch location have not affected harbor seal distribution 
or behavior at VAFB.
    Because the elimination of the number of launches per individual 
rocket program 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.

Requested Modifications to Monitoring Requirements

    During the last 3 years, the 30\th\ Space Wing, U.S. Air Force has 
undertaken a scientific research project (NMFS, Scientific Research 
Permit No. 859-1373) to assess potential cumulative effects on the haul 
out behavior, population dynamics, and hearing abilities of pinnipeds 
from space vehicle launches at VAFB. The most common species of 
pinniped utilizing the Vandenberg coastline is the harbor seal, Phoca 
vitulina; therefore, the focus of much of this research has been on 
this one species. Findings of this scientific research and the 
monitoring required under the LOA have shown that there have been no 
long-term adverse effects on the behavior of harbor seals at VAFB, 
including no changes in haul out patterns and no permanent or temporary 
threshold shifts (Thorson et al, 2000). Given these findings, the 
30\th\ Space Wing has requested four modifications to the current LOA 
monitoring requirements, three of which can be accommodated in this LOA 
modification.
    The fourth requested change is inconsistent with the 5-year 
programmatic permit and its implementing regulations (64 FR 9930). Due 
to this discrepancy, NMFS has determined that the fourth request will 
require modification to the current regulations governing space vehicle 
and test flight activities (50 CFR 216.120-128) before modification of 
the LOA can be considered.
    First, the 30\th\ Space Wing requests an increase in the 
observation period prior to launches from 48 hours before any planned 
launch time to 72 hours before any planned launch time. This change 
would make the current LOA consistent with monitoring requirements 
contained in the 5-year programmatic permit (64 FR 9930).
    Second, the 30\th\ Space Wing requests an expansion of the current 
post-monitoring requirement for any Titan II and Titan IV launches 
during pinniped pupping seasons, to include all government and 
commercial space launch vehicles. This requirement states that there 
must be a minimum of 4 censuses over a 2-week period following 
launches.
    Third, the 30\th\ Space Wing requests to change the criteria for 
monitoring pinnipeds on the Northern Channel Islands from when sonic 
booms are predicted to be ``focused'' or greater than 2 pounds per 
square foot (psf) to criteria for monitoring pinnipeds on the Northern 
Channel Islands when predicted sonic booms are greater than 1 psf. This 
change will eliminate the ``focused'' sonic boom criteria. The 30\th\ 
Space Wing notes that there is very little biological difference 
between the ``focused'' and the carpet or normal sonic booms. Although 
the focused sonic booms have the potential to be five to eight times 
greater than normal sonic booms, the biological significance of the 
sound is not determined by the type of sonic boom but the amplitude of 
the sonic boom. Based on data collected in 1999, the sonic boom from an 
Athena 2 rocket launch reached a sound monitoring site on San Miguel 
Island 4 minutes after lift-off and had an A-weighted sound exposure 
level (ASEL) of 68.3 dB (re 20 Pa-seconds) and a maximum 
amplitude of 0.96 psf (Thorson et al, 1999). At these levels, 
behavioral reactions from pinnipeds on San Miguel Island ranged from 
the slow and calm movement of California sea lions into the water to a 
heads-up response in 10 percent of the observed northern elephant seals 
(Thorson et al, 1999). Based on this information, the 30\th\ Space Wing 
requests that monitoring and assessment of impacts at haul out sites in 
the Northern Channel Islands be conducted when sonic booms are 
predicted to be greater than 1 psf, regardless of whether or not they 
are ``focused'' or normal booms.
    Fourth, the 30\th\ Space Wing requests a modification to conduct 
observations on harbor seal and other pinniped activity at the nearest 
occupied haul out(s) in the vicinity of the appropriate launch platform 
only during the harbor seal pupping season (March-June). The LOA 
currently requires that observations be conducted at the nearest 
occupied haul out(s) during any launch. This revision is proposed based 
on data collected from 1997-2000 showing that the harbor seal 
population at VAFB has been increasing annually (adults at 9.4 percent 
per year and pups at 13.1 percent per year). Radio-telemetry has also 
shown that long-term haul out behavior at VAFB is identical to seal 
haul out patterns in areas not exposed to launch noise. In addition, 
hearing acuity measurements made prior to and following Titan IV 
launches have shown no detectable changes. Only short-term responses to 
launches by the harbor seals, demonstrated by their entrance into the 
water for 2-30 minutes, have been observed (Thorson et al, 2000).
    On February 21, 2001, NMFS notified the 30\th\ Space Wing that the 
fourth LOA modification request cannot be accommodated at this time 
because it is inconsistent with the 5-year programmatic permit and its 
implementing regulations (64 FR 9930). These regulations, effective 
from March 1, 1999, through December 31, 2003, contain specific 
monitoring and reporting requirements for all space vehicle and test 
flight activities on VAFB and the waters off southern California. One 
of the monitoring requirements in this regulation is that observations 
must be initiated before and after any planned launch at locations 
nearest the launch platform where pinnipeds are present (50 CFR 
216.125(a)(1)). Therefore, limiting observations to only the harbor 
seal pupping season at VAFB, as the February 5, 2001, letter requests, 
would be less restrictive than these general regulations. Due to this 
discrepancy, a request for a change in the regulations needs to be made 
before this requested modification to the LOA can be considered.

Renewal of Annual LOA

    As of May 31, 2001 the 30\th\ Space Wing's annual LOA will expire. 
In recognition of the timely receipt and acceptance of the reports 
required under 50 CFR 216.125(d) and a determination that the 
mitigation measures required pursuant to 50 CFR 216.124 and the LOA 
have been undertaken, NMFS proposes renewal of the LOA for 1 year.

[[Page 15408]]

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: March 12, 2001.
Wanda L. Cain,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 01-6747 Filed 3-16-01; 8:45 am]
BILLING CODE 3510-22-S