[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Notices]
[Pages 54894-54895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23993]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 080603B]


Taking and Importing Marine Mammals; Taking Marine 
MammalsIncidental to Space Vehicle and Test Flight Activities from 
Vandenberg Air Force Base (Vandenberg), CA

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of application for an incidental take 
authorization; request for comments and information.

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SUMMARY: NMFS has received a request from the 30th Space Wing, U.S. Air 
Force (USAF) for the harassment of small numbers of pinnipeds 
incidental to space vehicle and test flight activities from Vandenberg 
Air Force Base, CA (Vandenberg) between January 1, 2004, and December 
31, 2008. As a result of that request, NMFS is considering whether to 
authorize the incidental taking of marine mammals under Letters of 
Authorization (LOAs) for this activity. In order to issue LOAs, NMFS 
must determine that the total taking will have a negligible impact on 
the affected species and stocks of marine mammals. NMFS invites comment 
on the application.

DATES: Comments and information must be postmarked no later than 
October 20, 2003.

ADDRESSES: Comments should be addressed to the Chief, Marine Mammal 
Conservation Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3226. A copy of the application may be obtained by writing to this 
address, or by telephoning the contact listed here (see FOR FURTHER 
INFORMATION CONTACT). Comments will not be accepted if submitted via e-
mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Kimberly Skrupky, NMFS, 301-713-2322, 
ext 163.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 U.S.C. 
1361 et seq.)(MMPA) directs the Secretary of Commerce (Secretary) 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 for periods of 5 years or less if the 
Secretary finds that the taking will have a negligible impact on the 
species or stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses, and 
regulations are prescribed setting forth the permissible methods of 
taking and the requirements pertaining to the monitoring and reporting 
of such taking.
    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.'' The MMPA defines ``harassment'' as:
    any act of pursuit, torment, or annoyance which (i) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild [Level A harassment]; or (ii) 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].

Summary of Request

    On September 2, 2003, NMFS received an application from the USAF, 
under section 101(a)(5)(A) of the MMPA, requesting authorization, 
effective from January 1, 2004, through December 31, 2008, for the 
harassment of small numbers of six species of marine mammals incidental 
to space vehicle and test flight activities conducted by the USAF on 
Vandenberg. The current regulations and LOA for the same activity will 
expire on December 31, 2003. New regulations, if implemented, would 
allow NMFS to continue issuing annual LOAs to USAF at Vandenberg. For 
detailed information please refer to the previous rulemaking (64 FR 
9925, March 1, 1999) and recent LOAs issued on October 8, 1999 (64 FR 
54866), June 14, 2000 (65 FR 37361), June 1, 2001 (66 FR 29774), 
January 22, 2002 (67 FR 2820), and May 12, 2003 (68 FR 25347).

Description of Activities

    Vandenberg is the main west coast launch facility for placing 
commercial, government, and military satellites into polar orbit in 
expendable (unmanned) launch vehicles, and for testing and evaluation 
of intercontinental ballistic missiles and sub-orbital target and 
interceptor missiles. In addition to space vehicle and missile 
launches, there are security, aerial photography, training, transport, 
and search and rescue helicopter operations, and test and evaluation 
flights of fixed-wing air craft.
    Currently five space launch vehicle programs use Vandenberg to 
launch satellites into polar orbit, including the Atlas II, Delta II, 
Minotaur, Taurus, and Titan (II and IV). Two new programs, Evolved 
Expendable Launch Vehicle (EELV) and Space X, are scheduled to make 
their inaugural launches at Vandenberg in 2004 with a Boeing Delta IV 
vehicle. The EELV program will eventually replace many of the other 
programs, but initially there will be an overlap in the launches of 
each program. The Space X is a commercial program which will launch 
small payloads into low earth orbit.
    There are a variety of small missiles launched from Vandenberg, 
including the Peacekeeper, Minuteman III, and several types of 
interceptor and target vehicles for the National Missile Defense 
program. The missile launch facilities are spread throughout North 
Vandenberg and are within 0.65 to 3.9 km (0.40 to 2.4 mi)of the 
recently occupied Lion's Head haul-out site and approximately 11 to 
16.5 km (6.8 to 10.3 mi) north of the Spur Road and Purisima Point 
harbor seal haul-out sites.
    A detailed description of the operations is contained in the USAF 
application (USAF, 2003) and in the July, 1997 Environmental 
Assessment, which are available upon request (see ADDRESSES). For more 
information regarding the National Environmental Policy Act documents 
on launch vehicles at Vandenberg, please contact the 30th Space Wing, 
U.S. Air Force, 30 CES/CEV, 806 13th Street, Suite 116, Vandenberg AFB, 
California, 93437.

Information Solicited

    This document is being published in conformance with NMFS 
regulations implementing the incidental take program (50 CFR 
216.104(b)(1)(ii)). NMFS requests interested persons to submit 
comments, information, and suggestions concerning the request and the 
structure and content of the regulations to allow the taking. NMFS

[[Page 54895]]

will consider this information in developing regulations to authorize 
the taking. Prior to submitting comments, NMFS recommends reviewers of 
this document read the responses to comments provided for the previous 
rulemaking for this activity (see 64 FR 9925, March 1, 1999), as NMFS 
does not intend to address these issues further without the submission 
of additional scientific information supporting the comment. After NMFS 
proposes regulations to govern marine mammal take authorizations, it 
will accept comments on the proposed.

    Dated: September 12, 2003.
Laurie K. Allen,
Acting Office Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-23993 Filed 9-18-03; 8:45 am]
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