[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Notices]
[Pages 30697-30702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10669]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 020205E]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Harbor Activities Related to the Delta IV/Evolved Expendable Launch 
Vehicle 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 permit.

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

DATES: Effective from May 20, 2005, through May 19, 2006.

ADDRESSES: A copy of the IHA and the application are available by 
writing to Steve Leathery, Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by 
telephoning the contact listed here. A copy of the

[[Page 30698]]

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/PR1/Small_Take/smalltake_info.htm#applications.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, (301) 713-2289, ext. 
166 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.
    Authorization 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), 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. Except for certain categories of activities not pertinent 
here, 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''].
    Section 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 21, 2004, NMFS received an application from Boeing 
requesting a renewal of 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), May 
20, 2003 (68 FR 36540, June 18, 2003), and on May 20, 2004 (69 FR 
29696, May 25, 2004) each for a 1-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 March 23, 2005 (70 FR 14651). 
During the comment period, NMFS received comments from the Marine 
Mammal Commission (Commission) and from six individuals.
    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 required mitigation and monitoring activities are 
carried out as described in the March 23, 2005 Federal Register notice 
and the subject application.
    Response: NMFS appreciates the Commission's comment and is 
requiring all mitigation and monitoring activities that have been 
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: Two individuals expressed concerns that NMFS would be 
authorizing Boeing to harm or kill marine mammals in the course of this 
project. Another individual asked exactly what the harassment entailed.
    Response: Except for certain categories of activities not pertinent 
here, 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'']. The harassment authorized under 
this IHA is expected to be in the form of visual and acoustic stimuli 
resulting from dredging and vessel operations.
    The taking by serious injury or death of any marine mammal is not 
authorized by this IHA and would result in the modification, suspension 
or revocation of this Authorization. NMFS anticipates that Boeing's 
harbor activities will result in no more than Level B Harassment that 
is limited to short term and localized behavioral changes, such as 
startle reactions or flushes of low numbers of individuals from haul-
out sites.
    Comment 3: One individual felt that Boeing should not be permitted 
to dredge the harbor at VAFB without disclosing to the public the 
reasons dredging is needed. Another individual also wanted to know why 
VAFB needed to dredge the harbor. Another individual, in reference to 
the dredging, thought that a blanket approval to harass animals for 3-5 
weeks was extreme.
    Response: Boeing disclosed to the public the need for dredging in 
the 2001 Final USAF EA for Harbor Activities Associated with the Delta 
IV Program at VAFB. As explained in that document, when this project 
was scheduled to begin, the harbor had not been dredged since 1989 and 
was filled with sediment to approximately the 0 foot mean lower low 
water (MLLW) level at the foot of the dock. The Delta Mariner has an 
absolute minimum draft of approximately 8 ft (2.4 m) and a working 
minimum draft of approximately 9 ft (2.7 m). To accommodate the Delta 
Mariner the harbor needed to be dredged to its original working depth 
of 10 ft (3.0m) MLLW plus a 2-ft (0.6 m) overdredge. VAFB is located 
along a very dynamic section of the coast and the sediment accumulation 
rate is estimated at 1 foot per year. Boeing anticipates the need for 
dredging annually or twice per year,

[[Page 30699]]

depending on the hardware delivery schedule.
    The schedule for dredging is also addressed in the 2001 USAF EA. 
Using methods outlined in a Water Quality Management Plan, dredging is 
expected to proceed at a rate of 2,000 cubic yards per day (maximum 
total removal of 3,000 cubic yards per maintenance dredge), which would 
take a maximum of 2 days. A five-day buffer was added to allow for bad 
weather or other problems. Additionally, it takes approximately 1 week 
to stage the equipment prior to dredging and approximately 1 week to 
demobilize the operation after the dredging.
    Comment 4: One individual thought that Boeing should submit 
proposals for alternate sites for the proposed activities.
    Response: As discussed in the 2001 USAF EA, the VAFB harbor is the 
only existing facility along the VAFB coast that can be used for off-
loading CBC's for ready transport to Space Launch Complex 6 (SLC-6), 
where Boeing's Delta IV rockets will be launched. Boeing completed a 
transportation study and concluded that the common booster cores are 
too large to be feasibly transported from other harbors that could 
accommodate the Delta Mariner.
    In the Final Environmental Impact Statement for the Evolved 
Expendable Launch Vehicle Program (1998), alternate sites to VAFB for 
the whole program were considered.
    Comment 5: One individual thought that work done on or near a 
National Wildlife Reserve must be conducted with extreme caution.
    Response: VAFB is sometimes referred to as a National Wildlife 
Reserve to illustrate its commitment to protecting natural resources. 
National Wildlife Reserve is not an official designation as applied to 
VAFB and does not have any associated requirements.
    Comment 6: One individual asked what kind of precautions Boeing 
would use when doing the dredging. The individual also asked if 
barriers could be used.
    Response: Due to methods used for dredging, which involve a crane 
with a clamshell dredge positioned either on the dock or a barge, NMFS 
does not believe that the construction of a barrier would be an 
effective way to reduce the visual or audio stimuli that the affected 
pinnipeds are exposed to. The precautions to be taken during dredging 
are outlined in the Mitigation section of this document and include the 
continuous, versus start and stop, operation of heavy machinery, the 
initiation of all nighttime activities before dark, and the turning on 
of lights prior to dusk when operations are to take place at night. 
These measures are intended to reduce marine mammal startle reactions 
to the operations. Additionally, observers will monitor the animals 
before, during, and after all harbor operations that occur when the 
tide is low enough for pinnipeds to be hauled out.
    Comment 7: One individual was concerned about the potential harm to 
the sea otter population.
    Response: VAFB formally consulted with the U.S. Fish and Wildlife 
Service (USFWS) regarding possible take of the southern sea otter. A 
Biological Opinion was issued in August 2001, which found that Boeing's 
harbor activities will not jeopardize the continued existence of the 
southern sea otter. This IHA does not alter the action in a manner that 
was not previously analyzed in that consultation.

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 312-ft 
(95.1-m) long, 84-ft (25.6-m) wide steel hull ocean-going vessel 
capable of operating at a 8-ft (2.4-m) draft. For all 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 (EPT), an 
additional source of noise with sound levels measured at approximately 
85 dB A-weighted (re 20 microPascals at 1-m) 20 ft (6.1 m) from the 
engine exhaust when the engine is running mid-speed (Acentech, 1998). 
Procedures require two short (approximately 1/3 second) beeps of the 
horn prior to starting the ignition. The sound level of the EPT horn 
ranged from 62-70 dB A-weighted at 200 ft (60.9 m) away, and 84-112 dB 
A-weighted at 25 ft (7.6 m) away. 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 50 ft 
(15.2 m) while in operational mode. Total time of Delta Mariner docking 
and cargo movement has been 4 to 8 hours, during periods of daylight 
and high tide, for the first two arrivals. Maximum anticipated time is 
14 hours.
    To continue to accommodate the Delta Mariner, the harbor will need 
to be maintenance dredged, removing approximately 3,000 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 250 ft (76.2 
m). Dredge operations, from set-up to tear-down, would continue 24-
hours a day for 2 to 3 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 2005 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 27,863 seals. Since 1990 there has 
been no net population growth along the mainland or the Channel 
Islands. The decrease in population growth rate has occurred at the 
same time as a decrease in human-caused mortality and may indicate that 
the population has reached its environmental carrying capacity 
(Carretta et al., 2004). The total population of harbor seals on VAFB 
is now estimated to be 1,099 (maximum of 515 seals hauled out at one 
time on south VAFB) based on sighting surveys and telemetry data (SRS 
Technologies, 2003).
    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 1600 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 250 ft (76.2 m) west of the south VAFB

[[Page 30700]]

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 the 2001 dredging of the harbor was 23 (averaging 
7 per observation period) and the maximum number hauled out during the 
2002 wharf modification activities was 43, averaging 21 per day when 
tidal conditions were favorable for hauling out. Dredging and reef 
enhancement did not occur in 2004. The harbor seal pupping site closest 
to south VAFB harbor is at Rocky Point, approximately 1 mi (1.6 km) 
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 on the breakwater in 
small numbers (up to 6 individuals). Although this is considered to be 
an unusual occurrence and is possibly related to fish schooling in the 
area, Boeing included sea lions in their request.
    California sea lions range from British Columbia to Mexico. The 
most recent population estimates for the California sea lions range 
from 237,000 to 244,000 individuals (Caretta et al., 2004). Between 
1975 and 2001, the population growth rate was 5.4-6.1 percent. 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 had never been any previously reported sea lion births 
at VAFB (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 number on land occurs in September and October during the 
post-breeding dispersal, 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 pinniped species are rare to infrequent along the south VAFB 
coast and are unlikely to be harassed by Boeing's activities. These 
four species are: the northern elephant seal, the northern fur seal 
(Callorhinus ursinus), Guadalupe fur seal (Arctocephalus townsendi), 
and Steller sea lion (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.
    Southern sea otters have occasionally been observed foraging in the 
kelp beds in the VAFB harbor. Potential take of sea otters during 
Boeing's harbor activities was addressed by the USFWS in their 2001 
Biological Opinion, which found that Boeing's harbor activities will 
not jeopardize the continued existence of the southern sea otter.

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 be approximately 72 dBA at the nearest beach or the end of 
the breakwater, roughly 250 ft (76.2 m) away. The 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

[[Page 30701]]

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. Ambient background noise measured approximately 250 ft (76.2 
m) 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 and sea lions exposed to such acoustic and visual stimuli may 
either exhibit a startle response and/or leave the haul-out site.
    According to 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 constitute 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 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 
(ENSRI, 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 NMFS' 2005 Environmental Assessment. Information contained in the 
application and referenced sources as updated by recent monitoring 
reports 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 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 mooring 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.
    (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

[[Page 30702]]

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 twice a day, and using a maximum total of 73 
operating days in 2005-2006, NMFS estimates that a maximum of 767 to 
1570 Pacific harbor seals may be subject to Level B harassment.
    During wharf modification activities, a maximum of six California 
sea lions were seen hauling out in a single day. Based on the above-
mentioned calculation, NMFS believes that a maximum of 219 California 
sea lions and 10 northern elephant seals (because they may be in nearby 
waters) may be subject to Level B harassment.

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 anticipates 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 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 one ton. 
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 would result in the harassment of small numbers 
of Pacific harbor seals, California sea lions, and northern elephant 
seals; would have no more than 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 harbor seals and California sea 
lions to avoid the resultant acoustic and visual stimuli, there is no 
potential for large-scale movements, such as stampedes, since these 
species haul out in such small numbers near the site (maximum number of 
harbor seals hauled out in one 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 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.

Endangered Species Act

    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 by the USFWS 
in August 2001, which found that Boeing's harbor activities will not 
jeopardize the continued existence of the southern sea otter. The 
activities covered by this IHA are analyzed in that Biological Opinion, 
and this IHA does not modify the action in a manner that was not 
previously analyzed.

National Environmental Policy Act

    In 2001, the USAF prepared an Environmental Assessment (EA) for 
Harbor Activities Associated with the Delta IV Program at Vandenberg 
Air Force Base. In 2005, NMFS prepared an EA supplementing the 
information contained in the USAF EA and issued a Finding of No 
Significant Impact on the issuance of an IHA for Boeing's harbor 
activities in accordance with section 6.01 of the National Oceanic and 
Atmospheric Administration Administrative Order (NAO) 216-6 
(Environmental Review Procedures for Implementing the National 
Environmental Policy Act, May 20, 1999). Accordingly, an Environmental 
Impact Statement is not required.

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 23, 2005.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 05-10669 Filed 5-26-05; 8:45 am]
BILLING CODE 3510-22-S