[Federal Register Volume 69, Number 67 (Wednesday, April 7, 2004)]
[Notices]
[Pages 18353-18357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7817]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032904C]


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 
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 Boeing Company (Boeing) 
for reauthorization 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 take, by 
harassment, small numbers of several species of pinnipeds at south VAFB 
beginning in May 2004.

DATES: Comments and information must be received no later than May 7, 
2004.

ADDRESSES: Comments on the application should be addressed to P. 
Michael Payne, Chief, Marine Mammal Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing e-mail comments on this action is [email protected] Include 
in the subject line of the e-mail comment the following document 
identifier: 032904C. Comments sent via e-mail, including all 
attachments, must not exceed a 10-megabyte file size. A copy of the 
application containing a list of references used in this document may 
be obtained by writing to this address, by telephoning the contact 
listed here (see FOR FURTHER INFORMATION CONTACT) or online at: http://
www.nmfs.noaa.gov/prot--res/PR2/Small--Take/smalltake--
info.htm[numsign]applications.

FOR FURTHER INFORMATION CONTACT: Kimberly Skrupky, (301) 713-2322, ext. 
163 or Monica DeAngelis, (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

[[Page 18354]]

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 (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''].
    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 December 12, 2003, NMFS received an application from Boeing 
requesting an authorization for the harassment of small numbers of 
Pacific harbor seals (Phoca vitulina richardsi) and California sea 
lions (Zalophus californianus) incidental to harbor activities related 
to the Delta IV/EELV, including: transport vessel operations, cargo 
movement activities, harbor maintenance dredging, and kelp habitat 
mitigation operations. In addition, northern elephant seals (Mirounga 
angustirostris) may also be incidentally harassed but in even smaller 
numbers. Incidental Harassment Authorizations (IHAs) were issued to 
Boeing on May 15, 2002 (67 FR 36151, May 23, 2002) and on May 20, 2003 
(68 FR 36540, June 18, 2003) each for a one-year period. The harbor 
where activities will take place is on south VAFB approximately 2.5 mi 
(4.02 km) south of Point Arguello, CA and approximately 1 mi (1.61 km) 
north of the nearest marine mammal pupping site (i.e., Rocky Point).

Specified Activities

    Delta Mariner off-loading operations and associated cargo movements 
will occur a maximum of 3 times per year. 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 Delta Mariner. 
Sources of noise from the Delta Mariner include ventilating propellers 
used for maneuvering into position and the cargo bay door when it 
becomes disengaged. Removal of the common booster core (CBC) from the 
Delta Mariner requires use of an elevating platform transporter. An 
additional source of noise with sound levels measured at a maximum of 
82 dB A-weighted (re 20 microPascals at 1 m) 6.1 m (20 ft) from the 
engine exhaust (Acentech, 1998). Procedures require 2 short 
(approximately 1/3 second) 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 Delta 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 Delta 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, removing up to 5,000 cubic yards of sediment per dredging. 
Dredging 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: 43 
to 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 to 5 weeks. 
Sedimentation surveys have shown that initial dredging indicates that 
maintenance dredging should be required annually or twice per year, 
depending on the hardware delivery schedule.
    A more detailed description of the work proposed for 2004 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).

Habitat and Marine Mammals Affected by the Activity

Pacific Harbor Seals

    The marine mammal species likely to be harassed incidental to 
harbor activities at south VAFB are the Pacific harbor seal and the 
California sea lion. 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 1,118 (500 hauled-out 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 primarily dependent on time of day. 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 
Delta Mariner operations, cargo loading, dredging activities, and reef 
enhancement activities. The maximum number of seals present during past 
dredging of the harbor was 23, with an average of 7 seals sighted per 
observation. The harbor seal pupping site closest to south VAFB harbor 
is at Rocky Point, approximately 1.6 km (1 mi) north of the harbor.
    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 are not

[[Page 18355]]

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.

California Sea Lions

    During the wharf modification activity in June-July 2002, 
California sea lions were observed hauling out in small numbers. 
Although this is considered to be an unusual occurrence and is possibly 
related to fish schooling in the area, Boeing has included sea lions in 
their IHA request.
    California sea lions range from British Columbia to Mexico. The 
minimum U.S. population estimate for California sea lions is 109,854 
individuals. Since 1983, the population has grown at a rate of 6.2 
percent annually. A 1985-1987 population survey indicated that most 
individuals on the Northern Channel Islands were on San Miguel Island, 
with the population ranging from 2,235 to over 17,000. The largest 
numbers of California sea lions in the VAFB vicinity occur at Lion 
Rock, 0.4 mi (0.64 km) southeast of Point Sal. This area is 
approximately 1.5 mi (2.41 km) north of the VAFB boundary. At least 100 
sea lions can be observed during any season at this site. The Point 
Arguello beaches and the rocky ledges of South Rocky Point on south 
VAFB are haulout areas that may be used by California sea lions. In 
2003, at least 145 sea lions were observed at Rocky Point, including 5 
pups that did not survive due to abandonment shortly after birth. This 
was thought to be an El Nino effect, as there have never been any 
reported sea lion births at VAFB previously (Thorson, 2003). Each year, 
small groups of sea lions have been observed heading south along the 
VAFB coastline in April and May (Tetra Tech, 1997). Starting in August, 
large groups of sea lions can be seen moving north, in groups varying 
in size from 25 to more than 300 (Roest, 1995). This concurs with 
established migration patterns (Reeves et al., 1992; Roest, 1995). 
Juvenile sea lions can be observed hauled-out with harbor seals along 
the South Base sites from July through September (Tetra Tech, 1997). 
Starving and exhausted subadult sea lions are fairly common on central 
California beaches during the months of July and August (Roest, 1995).
    During the breeding season, most of California sea lions inhabit 
southern California and Mexico. Rookery sites in southern California 
are limited to San Miguel Island and to the southerly Channel Islands 
of San Nicolas, Santa Barbara, and San Clemente. Breeding season begins 
in mid-May, occurring within 10 days of arrival at the rookeries. 
Molting occurs gradually over several months in the late summer and 
fall. Because the molt is not catastrophic, the sea lions can enter the 
water to feed.
    Male California sea lions migrate annually. In the spring they 
migrate southward to breeding rookeries in the Channel Islands and 
Mexico, then migrate northward in the late summer following breeding 
season. Females appear to remain near the breeding rookeries. The 
greatest population on land occurs in September and October during the 
post-breeding dispersal and although many of the sea lions, 
particularly juveniles and sub-adult and adult males, may move north 
away from the Channel Islands.

Other Marine Mammals

    Other marine mammal species are rare to infrequent along the south 
VAFB coast during certain times of the year and, therefore, are 
unlikely to be harassed by Boeing's activities. These three species 
are: the northern fur seal, Guadalupe fur seal (Arctocephalus 
townsendi), and Steller sea lions (Eumetopias jubatus). Northern 
elephant seals may occur on VAFB but do not haul out in the harbor 
area. Northern fur seals, Guadalupe fur seals, and Steller sea lions 
occur along the California coast and Northern Channel Islands but are 
not likely to be found on VAFB. 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). NMFS Stock Assessments can be viewed 
at: http://www.NMFS.noaa.gov/pr/PR2/Stock_Assessment_Program/sars.html.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 Delta Mariner and off-loading operations, dredging, and kelp 
habitat mitigation, as well as the increased presence of personnel, may 
cause short-term disturbance to harbor seals and California sea lions 
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 level intensity 
decreases proportional to the square root of the distance from the 
source. A dredging crane at the end of the dock producing 88 dBA of 
noise would still be noisy (approximately 72 dBA) at the nearest beach 
or the end of the breakwater, roughly 250 ft (76.2 m) away. The 
Elevating Platform Transporter (EPT) produces approximately 85 dBA, 
measured less than 20 ft (6 m) from the engine exhaust, when the engine 
is running at mid speed. The EPT operation procedure requires two short 
beeps of the horn (approximately 1/3 of a second each) prior to 
starting the ignition. Sound level measurements for the horn ranged 
from 84 to 112 dBA at 25 ft (7.6 m) away and 62 to 70 dBA at 200 ft (61 
m) away. The highest measurement was taken from the side of the vehicle 
where the horn is mounted.
    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 
elevating platform transporter 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 and sea lions exposed to such acoustic and 
visual stimuli may either exhibit a startle response and/or leave the 
haul-out site.
    Under the MMPA, if harbor activities disrupt the behavioral 
patterns of harbor seals, these activities would take marine mammals by 
Level B 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, 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 would not cause serious 
injury or mortality to marine mammals.

[[Page 18356]]

    On the other hand, startle and alert reactions accompanied by 
large-scale movements, such as stampedes into the water, may rise to 
the level of level B harassment and could even result in injury of 
individuals. 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, because on average the number of 
harbor seals hauled out near the site on average 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.
    According to the June 2002 dock modification construction report, 
the maximum number of harbor seals hauled out each day ranged from 23 
to 25 animals. There were 15 occasions in which construction noise, 
vehicle noise, or noise from a fishing boat caused the seals to lift 
their heads. Flushing only occurred due to fishing activities which 
were unrelated to the construction activities. The sea lions were less 
reactive to the construction noise than the harbor seals. None of the 
construction activities caused any of the sea lions to leave the jetty 
rocks and there was only one incident of a head alert reaction.
    The report from the December 2002 dredging activities show that the 
number of Pacific harbor seals ranged from 0 to 19 and that California 
sea lions did not haul out during the monitoring period. On 10 
occasions, harbor seals showed head alerts although two of the alerts 
were for disturbances that were not related to the project. No harbor 
seals flushed during the activities on the dock.
    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.

Numbers of Marine Mammals Expected to Be Harassed

    Boeing estimates that a maximum of 43 harbor seals per day may be 
hauled out near the south VAFB harbor, with a daily average of 21 seals 
sighted when tidal conditions were favorable during previous dredging 
operations in the harbor. Considering the maximum and average number of 
seals hauled out per day, assuming that the seals may be seen more than 
once, and using a maximum total of 83 operating days in 2004-2005, NMFS 
estimates that 145 to 623 Pacific harbor seals may be subject to Level 
B harassment.
    During wharf modification activities, a maximum of 6 California sea 
lions were seen hauling out in a single day, averaging between 1 and 6 
sea lions each day. Based on its own calculations, NMFS believes that a 
total of 100 California sea lions, 10 northern elephant seals, and 5 
northern fur seals may be subject to Level B harassment, because they 
may be in nearby waters.

Possible Effects of Activities on Marine Mammal Habitat

    Boeing anticipates no loss or modification to the habitat used by 
Pacific harbor seals or California sea lions that haul out near the 
south VAFB harbor. The harbor seal and sea lion 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 or California 
sea lions in the area to reproduce.
    Boeing does anticipate unavoidable kelp removal during dredging. 
This habitat modification will not affect the marine mammal habitat. 
However, Boeing will mitigate for the removal of kelp habitat by 
placing 150 tons (136078 kg) of rocky substrate in a sandy area between 
the breakwater and the mooring dolphins to enhance an existing 
artificial reef. This type of mitigation was implemented by the Army 
Corps of Engineers following the 1984 and 1989 dredging. A lush kelp 
bed adjacent to the sandy area has developed from the efforts. The 
substrate will consist of approximately 150 sharp-faced boulders, each 
with a diameter of about 2 ft (0.61 m) and each weighing about 1 ton 
(907 kg). The boulders will be brought in by truck from an off-site 
quarry and loaded by crane onto a small barge at the wharf. The barge 
is towed by a tugboat to a location along the mooring dolphins from 
which a small barge-mounted crane can place them into the sandy area. 
Boeing plans to perform the reef enhancement in conjunction with the 
next maintenance dredging event in order to minimize cost and 
disturbances to animals. Noise will be generated by the trucks 
delivering the boulders to the harbor and during the operation of 
unloading the boulders onto the barges and into the water.

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

    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 will 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 NMFS-approved 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 (see 
Monitoring).
    (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 and the vessel will reduce speed 1.5 to 2 knots (1.5-2.0 nm/
hr; 2.8-3.7 km/hr) once the vessel is within 3 mi (4.83 km) of the 
harbor. The vessel will enter the harbor stern first, approaching the 
wharf and dolphins at less than 0.75 knot (1.4 km/hr).
    (7) As alternate dredge methods are explored, the dredge contractor 
may introduce quieter techniques and equipment.

Monitoring

    As part of its 2002 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. NMFS proposes the same plan for this IHA.
    A NMFS-approved and VAFB-designated biologically trained observer 
will monitor the area for pinnipeds during all harbor activities. 
During nighttime activities, the harbor area will be illuminated, and 
the monitor will use a night vision scope. Monitoring activities will 
consist of:
    (1) Conducting baseline observation of pinnipeds in the project 
area prior to initiating project activities.

[[Page 18357]]

    (2) Conducting and recording observations on pinnipeds in the 
vicinity of the harbor for the duration of the activity occurring when 
tides are low enough for pinnipeds to haul out (2 ft, 0.61 m, or less).
    (3) Conducting post-construction observations of pinniped haul-outs 
in the project area to determine whether animals disturbed by the 
project activities return to the haul-out.

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 addition, the report will 
include information on the weather, the tidal state, the horizontal 
visibility, and the composition (species, gender, and age class) and 
locations of haul-out group(s). In the unanticipated event that any 
cases of pinniped injury or mortality are judged to result from these 
activities, this will be reported to NMFS immediately.

Endangered Species Act (ESA)

    This action will not affect species listed under the Endangered 
Species Act (ESA) that are under the jurisdiction of NMFS. VAFB 
formally consulted with U.S. Fish and Wildlife Service (FWS) in 1998 on 
the possible take of southern sea otters during Boeing's harbor 
activities at south VAFB. A Biological Opinion was issued in August 
2001. FWS recognized that Boeing will restore sea otter habitat (i.e., 
kelp beds) in the vicinity of the harbor to replace kelp destroyed 
during dredging and stated that there would not be takes of southern 
sea otters. In addition, the FWS noting that VAFB has committed to a 
southern sea otter monitoring program designed to detect the presence 
and possible disturbance at the VAFB harbor area during dredging 
activities (see 68 FR 36540, June 18, 2003).

NEPA

    In accordance with section 6.01 of the National Oceanic and 
Atmospheric Administration (NOAA) Administrative Order 216-6 
(Environmental Review Procedures for Implementing the National 
Environmental Policy Act, May 20, 1999), NMFS has determined based on 
the content and analysis of Boeing's request for an IHA, and the Final 
Environmental Assessment for Harbor Activities Associated with the 
Delta IV Program at VAFB (ENSRI, 2001) that the proposed issuance of 
this IHA to Boeing by NMFS will not individually or cumulatively result 
in a significant impact on the quality of the human environment as 
defined in 40 CFR 1508.27. Impacts are not expected to be outside the 
scope of that EA. Therefore, this action meets the definition of a 
``Categorical Exclusion'' as defined under NOAA Administrative Order 
216-6 and is exempted from further environmental review.

Preliminary Conclusions

    NMFS proposes to issue an IHA to Boeing for harbor activities 
related to the Delta IV/EELV to take place at south VAFB over a 1-year 
period. The proposal to issue this IHA is contingent upon adherence 
upon the previously mentioned mitigation, monitoring, and reporting 
requirements. NMFS has preliminarily determined that the impact of 
harbor activities related to the Delta IV/EELV at VAFB, including: 
transport vessel operations, cargo movement activities, harbor 
maintenance dredging, and kelp habitat mitigation will result in the 
harassment of only small numbers of Pacific harbor seals, California 
sea lions and northern elephant seals; would have a negligible impact 
on these marine mammal stocks; and would not have an unmitigable 
adverse impact on the availability of marine mammal stocks for 
subsistence uses. Northern fur seals, Guadalupe fur seals, and Steller 
sea lions are unlikely to be found in the area and, therefore, will not 
be affected. 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, California sea lions, and northern elephant seals haul out in 
small numbers near the site (maximum number of harbor seals hauled out 
in 1 day estimated at 43 seals, averaging at 21 seals per day, maximum 
number of California sea lions hauled out in one day is estimated at 
six). The effects of Boeing's harbor activities are expected to be 
limited to short-term and localized behavioral changes.
    Due to the localized nature of these activities, the number of 
marine mammals potentially taken 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 expected at the site. No rookeries, mating 
grounds, areas of concentrated feeding, or other areas of special 
significance for marine mammals occur within or near south VAFB harbor.

Information Solicited

    NMFS requests interested persons to submit comments and information 
concerning this request (see ADDRESSES). Prior to submitting comments, 
NMFS recommends readers review NMFS' responses to those comments on 
this activity submitted previously (see 67 FR 63151, May 23, 2002, 68 
FR 36540).

    Dated: March 31, 2004.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 04-7817 Filed 4-6-04; 8:45 am]
BILLING CODE 3510-22-S