[Federal Register Volume 67, Number 42 (Monday, March 4, 2002)]
[Notices]
[Pages 9701-9705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5101]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 020502A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Harbor Activities at Vandenberg Air Force Base, CA

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 9702]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of application and proposed authorization for 
incidental harassment of marine mammals; request for comments.

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SUMMARY: NMFS has received a request from the Department of the Air 
Force, 30\th\ Space Wing, on behalf of The Boeing Company (Boeing) for 
an authorization to take small numbers of marine mammals by harassment 
incidental to harbor activities related to the Delta IV/Evolved 
Expendable Launch Vehicle (EELV) at south Vandenberg Air Force Base, CA 
(VAFB). Under the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to authorize Boeing to incidentally 
take, by harassment, small numbers of Pacific harbor seals at south 
VAFB beginning in mid-March 2002.

DATES: Comments and information must be received no later than April 3, 
2002.

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. Comments will not be accepted if submitted via e-mail or 
the Internet. A copy of the application may be obtained by writing to 
this address or by telephoning one of the contacts listed here.

FOR FURTHER INFORMATION CONTACT: Simona P. Roberts, (301) 713-2322, 
ext. 106 or Christina Fahy, (562) 980-4023.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon 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 either regulations are issued or, if the taking 
is limited to harassment, notice of a proposed authorization is 
provided to the public for review.
    Permission for incidental takings may be granted if NMFS finds that 
the taking will have no more than 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 citizens of the United States can apply for an 
authorization to incidentally take small numbers of marine mammals by 
harassment. 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 (``Level A harassment''); 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 (``Level B harassment'').
    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 January 28, 2001, NMFS received an application from the 30th 
Space Wing on behalf of Boeing requesting an authorization for the 
harassment of small numbers of Pacific harbor seals incidental to 
harbor activities related to the Delta IV/EELV, including: wharf 
modification, transport vessel operations, cargo movement activities, 
and harbor maintenance dredging. The harbor where activities will take 
place is on south VAFB approximately 2.5 miles south of Point Arguello, 
CA, and approximately 1 mile north of the nearest marine mammal pupping 
site (i.e., Rocky Point).

Specified Activities

    Modifications to the existing wharf are needed to accommodate the 
specially designed transport vessel, the Delta Mariner, that will be 
used for delivering the Delta IV/EELV's common booster core (CBC). 
These modifications involve removing portions of the wharf surface, re-
surfacing the wharf with concrete and stainless steel rub-rails, and 
construction of a ramp on the seaward portion of the wharf. Equipment 
to be used includes: a skip-loader, concrete saw, concrete ready-mix 
truck, and dump truck. Measured noise levels of equivalent heavy 
equipment ranged from 61 dB A-weighted (quietest measurement from 
clamshell dredge measurement) to 81 dB A-weighted (loudest measurement 
from roll-off truck transporter) at a distance of 76.2 meters (m) (250 
feet, ft). (Acentech, 1998). These wharf modifications are scheduled to 
begin in mid-March 2002 for a 6-week period.
    Delta Mariner CBC off-loading operations and associated cargo 
movement activities will occur a maximum of 6 times per year, with the 
first Mariner visit scheduled for April 2002 and the first off-load 
operation for August 2002. The Delta Mariner is a 95.1 m (312 ft) long, 
25.6 m (84 ft) wide steel hull ocean-going vessel capable of operating 
at a 2.4 m (8 ft) draft. For the first few visits to the south VAFB 
harbor, tug boats will accompany the Mariner. Sources of noise from the 
Delta Mariner vessel include ventilating propellers used for 
maneuvering into position and the cargo bay door when it becomes 
disengaged. Removal of the CBC from the Mariner requires use of an 
Elevating Platform Transporter (EPT). The EPT is an additional source 
of noise, with sound levels measured at a maximum of 82 dB A-weighted 
6.1 m (20 ft) from the engine exhaust (Acentech, 1998). EPT operation 
procedures require 2 short (approximately 1/3 seconds) beeps of the 
horn prior to starting the ignition. At 60.9 m (200 ft) away, the sound 
level of the EPT horn ranged from 62-70 dB A-weighted. Containers 
containing flight hardware items will be towed off the Mariner by a 
tractor tug that generates a sound level of approximately 87 dB A-
weighted at 15.2 m (50 ft) while in operational mode. Total time of 
Mariner docking and cargo movement activities is estimated at between 
14 and 18 hours in good weather.
    To accommodate the Delta Mariner, the harbor will need to be 
dredged to a working depth of approximately 3.0 m (10 ft) mean lower 
low water level plus a 0.61 m (2 ft) over-dredge. Dredging of the 
harbor will involve the use of heavy equipment, including a clamshell 
dredge, dredging crane, a small tug, dredging barge, dump trucks, and a 
skip loader. Measured sound levels from this equipment are roughly 
equivalent to those estimated for the wharf modification equipment: 61-
81 dB A-weighted at 76.2 m (250 ft). Dredge operations, from set-up to 
tear-down, would continue 24-hours a day for 3-5 weeks. The frequency 
of maintenance dredging will be based on fill rate surveys conducted 
periodically during the first year following the initial dredge

[[Page 9703]]

to determine the sedimentation rate. Boeing expects maintenance 
dredging would likely be required every 2-3 years.
    A more detailed description of the work proposed for 2002 is 
contained in the application which is available upon request (see 
ADDRESSES) and in the Final US Air Force Environmental Assessment for 
Harbor Activities Associated with the Delta IV Program at Vandenberg 
Air Force Base (ENSR International, 2001).

Description of Habitat and Marine Mammals Affected by the Activity

    The only marine mammal species likely to be harassed incidental to 
harbor activities at south VAFB is the Pacific harbor seal (Phoca 
vitulina richardsi). The most recent estimate of the Pacific harbor 
seal population in California is 30,293 seals (Forney et al., 2000). 
From 1979 to 1995, the California population increased at an estimated 
annual rate of 5.6 percent. The total population of harbor seals on 
VAFB is now estimated to be 1,040 (775 on south VAFB) based on sighting 
surveys and telemetry data (SRS Technologies 2001).
    The daily haul-out behavior of harbor seals along the south VAFB 
coastline is dependent on time of day rather than tide height. The 
highest number of seals haul-out at south VAFB between 1100 through 
1700 hours. In addition, haul-out behavior at all sites seems to be 
influenced by environmental factors such as high swell, tide height, 
and wind. The combination of all three may prevent seals from hauling 
out at most sites. The number of seals hauled out at any site can vary 
greatly from day to day based on environmental conditions. Harbor seals 
occasionally haul out at a beach 76.2 m (250 ft) west of the south VAFB 
harbor and on rocks outside the harbor breakwater where Boeing will be 
conducting wharf modification, Delta Mariner operations, cargo loading, 
and dredging activities. The maximum number of seals present during 
past dredging of the harbor was 23, with an average of 7 seals sighted 
per day. The harbor seal pupping site closest to south VAFB harbor is 
at Rocky Point, approximately 1.6 kilometers (km) (1 mile, mi) north.
    Several factors affect the seasonal haul-out behavior of harbor 
seals including environmental conditions, reproduction, and molting. 
Harbor seal numbers at VAFB begin to increase in March during the 
pupping season (March to June) as females spend more time on shore 
nursing pups. The number of hauled-out seals is at its highest during 
the molt which occurs from May through July. During the molting season, 
tagged harbor seals at VAFB increased their time spent on shore by 22.4 
percent; however, all seals continued to make daily trips to sea to 
forage. Molting harbor seals entering the water because of a 
disturbance by a space vehicle launch or another source are not 
adversely affected in their ability to molt and do not endure 
thermoregulatory stress. During pupping and molting season, harbor 
seals at the south VAFB sites expand into haul-out areas that are not 
used the rest of the year. The number of seals hauled out begins to 
decrease in August after the molt is complete and reaches the lowest 
number in late fall and early winter.
    Three other marine mammal species are known to occur infrequently 
along the south VAFB coast during certain times of the year and are 
unlikely to be harassed by Boeing's activities. These three species 
are: the California sea lion (Zalophus californianus), northern 
elephant seal (Mirounga angustirostris) and northern fur seal 
(Callorhinus ursinus). Descriptions of the biology and local 
distribution of these species can be found in the application as well 
as other sources such as Stewart and Yochem (1994, 1984), Forney et al. 
(2000), Koski et al. (1998), Barlow et al. (1993), Stewart and DeLong 
(1995), and Lowry et al. (1992). Please refer to those documents for 
information on these species.

Potential Effects of Activities on Marine Mammals

    Acoustic and visual stimuli generated by the use of heavy equipment 
during the wharf modifications, Delta Mariner and off-loading 
operations, and dredging, as well as the increased presence of 
personnel, may cause short-term disturbance to harbor seals hauled out 
along the beach and rocks in the vicinity of the south VAFB harbor. 
This disturbance from acoustic and visual stimuli is the principal 
means of marine mammal taking associated with these activities. Based 
on the measured sounds of construction equipment, such as might be used 
during Boeing's activities, sound levels from all equipment drops to a 
maximum level of 95 dB A-weighted within 50 ft (15.2 m) of the sources. 
In contrast, the ambient background noise measured approximately 76.2 m 
(250 ft) from the beach was estimated to be 35-48 dB A-weighted 
(Acentech, 1998; EPA, 1971).
    Pinnipeds sometimes show startle reactions when exposed to sudden 
brief sounds. An acoustic stimulus with sudden onset (such as a sonic 
boom) may be analogous to a ``looming'' visual stimulus (Hayes and 
Saif, 1967), which may elicit flight away from the source (Berrens et 
al., 1988). The onset of operations by a loud sound source, such as the 
EPT during CBC off-loading procedures, may elicit such a reaction. In 
addition, the movements of cranes and dredges may represent a 
``looming'' visual stimulus to seals hauled out in close proximity. 
Seals exposed to such acoustic and visual stimuli may either exhibit a 
startle response or leave the haul-out site.
    According to the MMPA, when harbor activities disrupt the 
behavioral patterns of harbor seals, they are considered to be taken by 
harassment. In general, if the received level of the noise stimulus 
exceeds both the background (ambient) noise level and the auditory 
threshold of the animals, and especially if the stimulus is novel to 
them, then there may be a behavioral response. The probability and 
degree of response will also depend on the season, the group 
composition of the pinnipeds, and the type of activity in which they 
are engaged. Minor and brief responses, such as short-duration startle 
or alert reactions, are not likely to result in disruption of 
behavioral patterns, such as migration, nursing, breeding, feeding, or 
sheltering (i.e., Level B harassment) and will not cause serious injury 
or mortality to marine mammals. On the other hand, startle and alert 
reactions accompanied by large-scale movements, such as stampedes into 
the water, may have adverse effects on individuals and would be 
considered a take by harassment due to disruption of behavioral 
patterns. In addition, such large-scale movements by dense aggregations 
of marine mammals or on pupping sites, could potentially lead to takes 
by serious injury or death. However, there is no potential for large-
scale movements leading to serious injury or mortality near the south 
VAFB harbor, since on average the number of harbor seals hauled out 
near the site is less than 30 and there is no pupping at nearby sites. 
The effects of the harbor activities are expected to be limited to 
short-term startle responses and localized behavioral changes (i.e., 
Level B harassment).
    For a further discussion of the anticipated effects of the planned 
activities on harbor seals in the area, please refer to the application 
and ENSR International's 2001 Final Environmental Assessment. 
Information in the application and referenced sources is preliminarily 
adopted by NMFS as the best information available on this subject.

[[Page 9704]]

Numbers of Marine Mammals Expected to Be Harassed

    Boeing estimates that a maximum of 30 harbor seals per day may be 
hauled out near the south VAFB harbor, with a daily average of 7 seals 
sighted during previous dredging operations in the harbor. Using the 
maximum and average number of seals hauled out per day, assuming that 
half of the seals will use the site at least twice, assuming that half 
of the seals hauled out will react to the activities, and using a 
maximum total of 83 operating days in 2002-2003, NMFS calculates that 
between 623 and 145 Pacific harbor seals may be subject to Level B 
harassment, as defined in 50 CFR 216.3.

Possible Effects of Activities on Marine Mammal Habitat

    Boeing anticipates no loss or modification to the habitat used by 
Pacific harbor seals that haul out near the south VAFB harbor. The 
harbor seal haul-out sites near south VAFB harbor are not used as 
breeding, molting, or mating sites; therefore, it is not expected that 
the activities in the harbor will have any impact on the ability of 
Pacific harbor seals in the area to reproduce.

Possible Effects of Activities on Subsistence Needs

    There are no subsistence uses for Pacific harbor seals in 
California waters, and, thus, there are no anticipated effects on 
subsistence needs.

Mitigation

    No pinniped mortality and no significant long-term effect on the 
stocks of pinnipeds hauled out near south VAFB harbor are expected 
based on the relatively low levels of sound generated by the equipment 
to be used during Boeing's harbor activities (maximum level of 95 dB A-
weighted within 50 ft (15.2 m)) and the relatively short time periods 
over which the project will take place (totaling approximately 83 
days). However, Boeing expects that the harbor activities may cause 
disturbance reactions by some of the harbor seals hauled out on the 
adjacent beach and rocks. To reduce the potential for disturbance from 
visual and acoustic stimuli associated with the activities Boeing will 
undertake the following marine mammal mitigating measures:
    (1) If activities occur during nighttime hours, lighting will be 
turned on before dusk and left on the entire night to avoid startling 
harbor seals at night.
    (2) Activities should be initiated before dusk.
    (3) Construction noises must be kept constant (i.e., not 
interrupted by periods of quiet in excess of 30 minutes) while harbor 
seals are present.
    (4) If activities cease for longer than 30 minutes and harbor seals 
are in the area, start-up of activities will include a gradual increase 
in noise levels.
    (5) A qualified marine mammal observer will visually monitor the 
harbor seals on the beach adjacent to the harbor and on rocks for any 
flushing or other behaviors as a result of Boeing's activities. If 
flushing results, then the activities suspected of causing the seals to 
enter the water will be delayed until the seals leave the area.
    (6) The Delta Mariner and accompanying vessels will enter the 
harbor only when the tide is too high for harbor seals to haul-out on 
the rocks.
    (7) As alternate dredge methods are explored, the dredge contractor 
may introduce quieter techniques and equipment.

Monitoring

    As part of its application, Boeing provided a proposed monitoring 
plan for assessing impacts to harbor seals from the activities at south 
VAFB harbor and for determining when mitigation measures should be 
employed.
    A NMFS-approved and VAFB-designated biologically trained observer 
will monitor the area for harbor seals during all harbor activities. 
During nighttime activities, the harbor area will be lit and the 
monitor will use a night vision scope. Monitoring activities will 
consist of:
    (1) Conducting baseline observation of harbor seals in the project 
area prior to initiating project activities.
    (2) Conducting and recording observations on harbor seals in the 
vicinity of the harbor for the duration of the activity occurring when 
tides are low enough for harbor seals to haul out (+ 2 ft. or less).
    (3) Conducting post-construction observations of harbor seal haul-
outs in the project area to determine whether animals disturbed by the 
project activities return to the haul-out.
    As required by the MMPA, this monitoring plan will be subject to a 
review by technical experts prior to formal acceptance by NMFS.

Reporting

    Boeing will notify NMFS 2 weeks prior to initiation of each 
activity. After each activity is completed, Boeing will provide a 
report to NMFS within 90 days. This report will provide dates and 
locations of specific activities, details of seal behavioral 
observations, and estimates of the amount and nature of all takes of 
seals by harassment or in other ways. In the unanticipated event that 
any cases of pinniped mortality are judged to result from these 
activities, this will be reported to NMFS immediately.

Consultation

    Boeing has not requested the take of any listed species. Therefore, 
NMFS has determined that a section 7 consultation under the Endangered 
Species Act is not required at this time.

Conclusions

    NMFS has preliminarily determined that the impact of harbor 
activities related to the Delta IV/EELV at VAFB, including: wharf 
modification, transport vessel operations, cargo movement activities, 
and harbor maintenance dredging, will result, at worst, in a temporary 
modification in behavior by Pacific harbor seals. While behavioral 
modifications may be made by these species to avoid the resultant 
acoustic and visual stimuli, there is no potential for large-scale 
movements, such as stampedes, since harbor seals haul out in such small 
numbers near the site (maximum hauled out in one day estimated at 30 
seals). The effects of the harbor activities are expected to be limited 
to short-term and localized behavioral changes. Therefore, NMFS 
preliminarily concludes that the effects of the planned demolition 
activities will have no more than a negligible impact on pinnipeds.
    Due to the localized nature of these activities, the number of 
potential takings by harassment are estimated to be small. In addition, 
no take by injury and/or death is anticipated, and the potential for 
temporary or permanent hearing impairment is unlikely given the low 
noise levels and will be entirely avoided through the incorporation of 
appropriate mitigation measures. No rookeries, mating grounds, areas of 
concentrated feeding, or other areas of special significance for marine 
mammals occur within or near south VAFB harbor.

Proposed Authorization

    NMFS proposes to issue an IHA to Boeing for harbor activities 
related to the Delta IV/EELV to take place at south Vandenberg Air 
Force Base, CA, (VAFB) over a 1-year period. The proposal to issue this 
IHA is contingent upon adherence to the previously mentioned 
mitigation, monitoring, and reporting requirements. NMFS has 
preliminarily determined that the proposed activity would result in the 
harassment of only small numbers of harbor seals; would have no more 
than a negligible impact on these marine mammal stocks; and would not 
have an unmitigable adverse

[[Page 9705]]

impact on the availability of marine mammal stocks for subsistence 
uses.

Information Solicited

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

    Dated: February 26, 2002.
David Cottingham,
Deputy Office Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 02-5101 Filed 3-1-02; 8:45 am]
BILLING CODE 3510-22-S