[Federal Register Volume 69, Number 101 (Tuesday, May 25, 2004)]
[Notices]
[Pages 29696-29701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11801]


-----------------------------------------------------------------------

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 issuance of an incidental take authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that NMFS has 
issued an Incidental Harassment Authorization (IHA) to The Boeing 
Company (Boeing) to take marine mammals by harassment incidental to 
harbor activities related to the Delta IV/Evolved Expendable

[[Page 29697]]

Launch Vehicle (EELV) at south Vandenberg Air Force Base, CA (VAFB).

DATES: Effective from May 20, 2004, through May 19, 2005.

ADDRESSES: A copy of the IHA and the application are available by 
writing to Mr. P. Michael Payne, Chief, Marine Mammal Conservation 
Division, Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910-3225, or by telephoning the contact listed 
here. A copy of the application containing a list of the references 
used in this document may be obtained by writing to this address or by 
telephoning the contact listed here and is also available 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) 980-3232.

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 (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)and northern fur seals (Callorhinus ursinus) 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).

Comments and Responses

    A notice of receipt of the Boeing application and proposed IHA was 
published in the Federal Register on April 7, 2004 (69 FR 18353). 
During the comment period, NMFS received comments from the Marine 
Mammal Commission (Commission) and from one individual.
    Comment 1: The Commission states that NMFS' preliminary 
determinations are reasonable provided that all reasonable measures 
will be taken to ensure the least practicable impact on the subject 
species and the require mitigation and monitoring activities be carried 
out as described in the April 7, 2004 Federal Register notice and the 
subject application.
    Response: NMFS appreciates the Commission's comment and is 
requiring all mitigation and monitoring activities described in 
Boeing's application. NMFS is also requiring Boeing to take all 
reasonable measures to ensure the least practicable impact on the 
species, such as turning on lighting before dusk and initiating 
activities before dusk if Boeing will be conducting harbor activities 
at night.
    Comment 2: An individual stated that they oppose the proposal for 
harbor activities on Vandenberg Air Force Base because there is no 
explanation of reef enhancement in the Federal Register notice.
    Response: To mitigate the unavoidable removal of kelp habitat 
within the dredge footprint, Boeing, the U.S. Air Force, and regulatory 
agencies have agreed that 150 tons (136.08) metric tons) of rocky 
substrate will be placed 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 U.S. Army Corps of Engineers 
following the 1984 and 1989 dredgings and has resulted in the growth of 
a lush kept bed adjacent to this sandy area. The location is outside of 
the dredge footprint and navigation channel in a protected environment. 
The breakwater will help protect the kept from storms and surges that 
might tear young kelp plants from the substrate. The substrate will be 
in the form of approximately 150 sharp-faced boulders, each with a 
diameter of approximately 2 ft (0.61 m) and a weight of approximately 1 
ton (0.91 metric ton). The boulders will be brought in by truck from an 
off-site quarry, loaded by crane onto a small barge at the wharf, and 
pushed by tugboat to a location along the mooring dolphins from which a 
small barge-mounted crane can place them randomly into the sandy area. 
This information is also contained in the Boeing application, which 
could be found at:http://www.nmfs.noaa.gov/prot--res/PR2/Small--Take/
smalltake--info.htm[numsign]applications
    Comment 3: The individual also states that many population 
estimates are unreliable and untruthful and are political estimates 
made to support something that humans want to do.
    Response: Monitoring is conducted by biologically trained, on-site 
individuals, approved by the NMFS Southwest Regional Office. Baseline 
observations are made prior to each day's activities, recording the 
species present, numbers, location(s), and behavior of the marine 
mammals in the area. Observations are also conducted during and after 
each day's activities. NMFS does not believe

[[Page 29698]]

that past data reporting the species and numbers have ever been 
doctored to justify conducting any activities.

Specified Activities

    Delta Mariner off-loading operations and associated cargo movements 
will occur a maximum of three 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) comes from 
the engine exhaust (Acentech, 1998). Procedures require two 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 most 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 seven 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 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 
five 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 VAB previously (Thomson, 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

[[Page 29699]]

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 two species are: 
the Guadalupe fur seal (Arctocephalus townsendi), and Steller sea lions 
(Eumetopias jubatus). Northern elephant seals and northern fur seals 
may occur on VAFB but do not haul out in the harbor area. 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 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.
    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 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 
(ENSR 2002), 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 Final Environmental Assessment. Information in the application and 
referenced sources is adopted by NMFS as the best information available 
on this subject.

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

[[Page 29700]]

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 adopts 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.
    (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.

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 (136.08 metric tons) 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.

Conclusions

    NMFS has determined that the impact of conducting 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 small numbers 
of Pacific harbor seals, California sea lions, northern elephant seals, 
and northern fur 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. 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 the affected species to avoid the resultant acoustic and 
visual stimuli, there is no potential for large-scale movements, such 
as stampedes, since harbor seals and California sea lions haul out in 
small numbers near the site and northern elephant seals and northern 
fur seals do not haul out in the harbor area. 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

[[Page 29701]]

special significance for marine mammals occur within or near south VAFB 
harbor. This activity is expected to result in no more than a 
negligible impact on the affected species or stocks.

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).

National Environmental Protection Act (NEPA)

    ENSR International (ENSRI) made a Finding of No Significant Impact 
(FONSI) determination on August 15, 2001, based on information 
contained within its Environmental Assessment (EA), that implementation 
of the subject action is not a major Federal action having significant 
effects on the environment within the meaning of Executive Order 12114. 
ENSRI determined therefore, that an environmental impact statement 
would not be prepared. On April 7, 2004 (69 FR 18353), NMFS noted that 
ENSRI had prepared an EA for the VAFB harbor activities and made this 
EA available upon request. In accordance with NOAA Administrative Order 
216-6 (Environmental Review Procedures for Implementing the National 
Environmental Policy Act, May 20, 1999), NMFS has reviewed the 
information contained in ENSRI's EA and determined that the ENSRI EA 
accurately and completely describes the proposed action alternative, 
reasonable additional alternatives, and the potential impacts on marine 
mammals, endangered species, and other marine life that could be 
impacted by the preferred alternative and the other alternatives. 
Therefore, it is not necessary to issue a new EA, supplemental EA or an 
environmental impact statement for the issuance of an IHA to Boeing for 
this activity. Based on this review and analysis, NMFS is adopting the 
ENSRI EA under 40 CFR 1506.3 and has made its own FONSI. A copy of the 
ENSRI EA and the NMFS FONSI for this activity is available upon request 
(see ADDRESSES).

Authorization

    NMFS has issued an IHA to take marine mammals, by harassment, 
incidental to conducting harbor activities at VAFB to Boeing for a 1-
year period, provided the mitigation, monitoring, and reporting 
requirements are undertaken.

    Dated: May 19, 2004.
Stephen L. Leathery,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 04-11801 Filed 5-24-04; 8:45 am]
BILLING CODE 3510-22-S