[Federal Register Volume 72, Number 54 (Wednesday, March 21, 2007)]
[Notices]
[Pages 13251-13253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5072]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022007C]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Rocket Launches at Vandenberg Air Force Base, CA

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of issuance of a Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a 1-year letter of authorization (LOA) has been issued to the 30th 
Space Wing, U.S. Air Force, to take four species of seals and sea lions 
incidental to rocket and missile launches on Vandenberg Air Force Base 
(VAFB), California.

DATES: Effective March 17, 2007, through March 16, 2008.

ADDRESSES: The LOA and supporting documentation are available for 
review by writing to P. Michael Payne, Chief, Permits, Conservation, 
and Education Division, Office of Protected Resources, National Marine 
Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD 
20910-3225 or by telephoning one of the contacts listed below (see FOR 
FURTHER INFORMATION CONTACT). Documents cited in this notice may be 
viewed, by appointment, during regular business hours, at the 
aforementioned address and at the Southwest Regional Office, NMFS, 501 
West Ocean Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison or Candace Nachman, 
Office of Protected Resources, NMFS, (301) 713-2289, or Monica 
DeAngelis, NMFS, (562) 980-3232.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the National Marine Fisheries Service (NMFS) 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 regulations are issued. Under the MMPA, the term 
``taking'' means to harass, hunt, capture, or kill or to attempt to 
harass, hunt, capture, or kill marine mammals.
    Authorization may be granted for periods up to 5 years if NMFS 
finds, after notification and opportunity for public comment, that the 
taking will have a negligible impact on the species or stock(s) of 
marine mammals and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses. In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means effecting the least practicable 
adverse impact on the species and its habitat and on the availability 
of the species for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. The 
regulations must include requirements for monitoring and reporting of 
such taking.
    Regulations governing the taking of Pacific harbor seals (Phoca 
vitulina richardsi), northern elephant seals (Mirounga angustirostris), 
California sea lions (Zalophus californianus), and northern fur seals 
(Callorhinus ursinus), by harassment, incidental to missile and rocket 
launches, aircraft flight test operations, and helicopter operations at 
VAFB, were issued on February 6, 2004 (69 FR 5720), and remain in 
effect until February 6, 2009. For detailed information on this action, 
please refer to that document. These regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during missile and rocket launches at VAFB.
    This LOA is effective from March 17, 2007 through March 16, 2008 
and authorizes the incidental take of the four marine mammal species 
listed above that may result from the launching of up to 30 space and 
missile vehicles and up to 20 rockets annually from VAFB, as well as 
from aircraft and helicopter operations. Harbor seals haul-out on 
several sites on VAFB, and harbor seals, California sea lions, elephant 
seals, and northern fur seals are found on various haul-out sites and 
rookeries on San Miguel Island (SMI). Currently, five space launch 
vehicle programs use VAFB to launch satellites into polar orbit: Atlas 
IIAS, Delta II, Minotaur, Taurus, and Titan (II and IV). Also a variety 
of small missiles, several types of interceptor and target vehicles, 
and fixed-wing aircrafts are launched from VAFB.
    The activities under these regulations create two types of noise: 
continuous (but short-duration) noise, due mostly to combustion effects 
of aircraft and launch vehicles, and impulsive noise, due to sonic boom 
effects. Launch operations are the major source of noise on the marine 
environment from VAFB. The operation of launch vehicle engines produces 
significant sound levels. The noise generated by VAFB activities will 
result in the incidental harassment of pinnipeds, both behaviorally and 
in terms of physiological (auditory) impacts. The noise and visual 
disturbances from space launch vehicle and missile launches and 
aircraft and helicopter operations may cause the animals to move 
towards or enter the water. Take of pinnipeds will be minimized through 
implementation of the following mitigation measures: (1) all aircraft 
and helicopter flight paths must maintain a minimum distance of 1,000 
ft (305 m) from recognized seal haul-outs and rookeries; (2) missile 
and rocket launches must, whenever possible, not be conducted during 
the harbor seal pupping season of March through June; (3) VAFB must 
avoid, whenever possible, launches which are predicted to produce a 
sonic boom on the Northern Channel Islands during harbor seal, elephant 
seal, and California sea lion pupping seasons, March through June; and 
4) monitoring methods will be reviewed by NMFS if post-launch surveys 
determine that an injurious or lethal take of a marine mammal occurred. 
VAFB will also use monitoring surveys, audio-recording equipment, and 
time-lapse video to monitor the animals before, during, and after 
rocket launches, and to measure sound levels generated by the launches. 
Reports will be submitted to NMFS after each LOA expires, and a final 
report will be submitted before the rule expires.

Summary of Request

    NMFS received a request for a LOA pursuant to the aforementioned 
regulations that would authorize, for a period not to exceed 1 year, 
take of marine mammals, by harassment, incidental to rocket and missile 
launches at VAFB.

Summary of Activity and Monitoring Under the Current LOA

    In compliance with the 2006 LOA, VAFB submitted an annual report on 
the rocket launches at VAFB. A

[[Page 13252]]

summary of that report (SRS Technologies, 2007) follows.
    A total of five space vehicle launches and five launches of other 
vehicle types were conducted at VAFB between January 1, 2006, and 
December 31, 2006. The dates, locations, and monitoring required for 
the launches are summarized in Tables 1 and 2.

            Table 1. Summary of space vehicle launches and monitoring that occurred at VAFB in 2006.
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                   Vehicle                       Date     Time       Launch Site         Monitoring Conducted
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Minotaur COSMIC                                 14-Apr    18:40               SLC-8                   South VAFB
Delta II CLOUDSAT & CALIPSO                     28-Apr     3:02               SLC-2           North VAFB and SMI
Delta IV NROL-22                                27-Jun    20:33               SLC-6           South VAFB and SMI
Delta IV DMSP-17                                 4-Nov     5:53               SLC-6                   South VAFB
Delta II NROL-21                                14-Dec    13:00               SLC-2                          SMI
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                Table 2. Summary of other launches and monitoring that occurred at VAFB in 2006.
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                   Vehicle                       Date     Time       Launch Site              Monitored
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Minuteman III SERV-3                            16-Feb     0:01               LF-10                           No
Minuteman III GT 190-GM                          7-Apr     6:00               LF-26                          Yes
Minuteman III GT 191-GM                         14-Jun     1:22               LF-04                          Yes
Minuteman III GT 192-GT                         20-Jul     3:14               LF-09                           No
Ground based Interceptor FTG-02                  1-Sep    10:39               LF-23                           No
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    Two of the Minuteman III and the one Ground Based Interceptor 
launches occurred outside of the harbor seal pupping season, and a 
sonic boom of greater than 1 lb/ft2 (psf) was not predicted to occur at 
SMI as a result of the launch; therefore, no biological monitoring was 
required or conducted. With the exception of the Delta IV NROL-22 and 
Delta IV DMSP-17, acoustic measurements of all of the vehicles launched 
in 2006 had previously been taken and were not required or conducted 
again.
    VAFB also conducted 578 helicopter flights and 13,644 airfield 
operations in 2006. There were no observed effects to pinnipeds from 
these activities. Also, no sea lion pups were born on VAFB in 2006.

Minotaur COSMIC

    Although no sonic boom greater than 1 psf was predicted at SMI, the 
Minotaur COSMIC vehicle was launched during the harbor seal pupping 
season; therefore, monitoring was required at VAFB. Monitoring surveys 
at First Ledge and Flat Iron Rock haul-out sites in the days 
surrounding the launch revealed between 28 and 149 adult and juvenile 
seals and between nine and 29 pups. Between 11 and 76 seals and five to 
29 pups were found at the Amphitheatre, Brokeback, and Weaner Cove 
haul-out and pupping sites in the days just preceding and following the 
launch. The highest numbers of seals and pups were seen on April 15, 
the day after the launch. A video recording during the launch showed 23 
of the 24 harbor seals present at the First Ledge haul-out site 
entering the water at the time of the launch. The remaining seal 
stopped just short of entering the water. No seals were seen returning 
to the beach within 13 minutes of the launch, at which point darkness 
occurred. A harbor seal pup was found ``fresh dead'' 18 hours post-
launch at the First Ledge haul-out site. This is discussed in further 
detail below.

Delta II CLOUDSAT & CALIPSO

    The Delta II CLOUDSAT & CALIPSO rocket was launched during harbor 
seal pupping season, and a sonic boom of greater than 1 psf was 
predicted to reach SMI, so monitoring was required at both SMI and 
VAFB. At the Spur Road haul-out site on north VAFB, a maximum of 47 
seals were seen during pre-launch surveys, and a maximum of 27 were 
seen in the days immediately following the launch. No pups were seen in 
the days surrounding the launch. No video recording was made because of 
the early hour of the launch. Point Bennett and Otter Harbor haul-out 
sites were monitored on SMI on the days surrounding the launch. 
Approximately 250 California sea lions and 100 northern elephant seals 
were seen. No sonic boom was heard by the monitors or registered on the 
acoustic monitoring equipment. There was no evidence of injury, 
mortality, or abnormal behavior in any harbor seals at VAFB or the 
monitored pinnipeds on SMI as a result of this launch.

Delta IV NROL-22

    The Delta IV NROL-22 was launched during harbor seal pupping 
season, and a sonic boom of greater than 1 psf was expected to reach 
SMI; therefore, monitoring was required at both SMI and VAFB. Diurnal 
observations were conducted at Flat Iron Rock on south VAFB between 23 
and 29 June. Pre-launch counts recorded a maximum of 263 seals and no 
dependent pups, and post-launch counts found a maximum of 243 seals and 
no dependent pups. A follow-up survey on 7 July recorded between 127 
and 205 seals. Video recording during the launch was not possible 
because it was too dark. Monitors also surveyed Glass Float Beach on 
SMI from 25 through 29 June. A sonic boom was heard. All of the sea 
lions raised their heads. Thirty percent entered the water; 40 percent 
moved rapidly to the waterline but did not enter; and the remaining 30 
percent stood alert and gradually moved toward the wave slopes. All 
harbor seals present immediately entered the water and swam away. There 
was no evidence of injury or mortality to any pinnipeds monitored on 
VAFB or SMI as a result of this launch. Due to an equipment malfunction 
during the calibration period, the amplitude of the sonic boom could 
not be determined. Additional measurements for this vehicle will be 
taken in the future.

Delta IV DMSP-17

    Though no sonic boom greater than 1 psf was predicted at SMI, and 
the launch occurred outside of the harbor seal pupping season, 
monitoring was still required for the Delta IV DMSP-17 launch, as per 
the implementing regulations (69 FR 5720, February 6, 2004). According 
to the regulations, acoustic and biological monitoring is

[[Page 13253]]

required for the first three launches of the Delta IV vehicle. Diurnal 
observations were made at Flat Iron Rock on south VAFB. Pre-launch 
counts indicate a daily maximum of seals ranging between 26 and 87 
seals and between 11 and 68 seals post-launch. No dependent pups were 
seen in the days surrounding the launch. As the launch occurred in the 
pre-dawn hours, no video recording was taken. It is unknown if any 
seals were present at the time of the launch; however, the high level 
of the tide indicates that it is unlikely. The 1-hour average sound 
level during the hour of the Delta IV launch was 69.1 decibels (dB), 
approximately 17 dB above the average background noise levels at this 
site.
    Two juvenile harbor seals (approximately seven months old) were 
captured for hearing tests using auditory brainstem response (ABR) 
technique just prior to the Delta IV DMSP-17 launch under Scientific 
Research Permit No. 859-1680. They were held for a total of 2 days, and 
were ABR tested prior to and then again after the launch. Each seal was 
fitted with a plastic numbered tag in the hind flipper and a VHF radio 
transmitter immediately prior to release. There was no evidence 
indicating that the launch noise from the Delta IV caused a loss in 
hearing acuity. There was no evidence of injury, mortality, or abnormal 
behavior in any of the monitored harbor seals at VAFB as a result of 
this launch.

Delta II NROL-21

    No monitoring was conducted on VAFB for the Delta II NROL-21 launch 
since it occurred outside of the harbor seal pupping season. However, 
biological and acoustic monitoring were conducted on SMI. Survey counts 
found 521 sea lions and 75 northern elephant seals. No sonic boom was 
heard or recorded. There was no evidence of injury, mortality, or 
abnormal behavior of any monitored pinnipeds on SMI as a result of this 
launch.

Minuteman III

    Two of the Minuteman III launches (7 April and 14 June) occurred 
during the harbor seal pupping season, so monitoring was required at 
VAFB. Between seven and 16 seals and one dependent pup were seen in the 
days surrounding the April 7 launch at Lion's Head haul-out site. 
Between five and 11 seals and one weaned pup were seen at the same site 
in the days surrounding the June 14 launch. Video recordings were not 
possible during the time of either launch due to darkness. However, it 
is unlikely that any seals were present since the launches occurred 
during high tide. There was likely only a small, temporary effect on 
hearing, if any.

Harbor Seal Pup Mortality

    One dead harbor seal pup was observed at First Ledge on VAFB on 
April 15, approximately 18 hours post-launch of the Minotaur COSMIC 
rocket. The pup appeared to be ``fresh dead'' when first observed at 
1430 PDT. VAFB monitors were unable to determine if the death was 
related to the launch. The area where the pup was found has a lot of 
ledges and caves, making it difficult to see all areas at the site. It 
is possible the pup washed up dead on the beach, but there is no way to 
know for certain. The animal did not show any signs of being orphaned. 
Gulls were already pecking at the carcass when it was discovered, so 
there was no way to assess the injuries. Also, approaching the animal 
would have disturbed other mother/pup pairs on the beach.
    Additional conditions have been added to the 2007 LOA relating to 
serious injury and mortality. No take by serious injury or mortality is 
authorized in the LOA. VAFB is required to immediately contact staff at 
the NMFS Office of Protected Resources, Permits, Conservation, and 
Education Division, as well as staff at the Southwest Regional Office, 
NMFS if a dead pinniped is found during the monitoring period following 
a launch. In addition, the National Stranding Network must be notified 
immediately so that personnel can retrieve the carcass for examination, 
whenever possible. Every attempt will be made to collect a dead 
pinniped carcass discovered within 48 hours following a launch provided 
that the collection does not result in the disturbance (flushing) of 
other animals from the site. Any carcasses collected will be 
transferred to the Long Marine Laboratory in Santa Cruz, California for 
complete necropsy.

Authorization

    The U.S. Air Force complied with the requirements of the 2006 LOA, 
and NMFS has determined that the marine mammal take resulting from the 
2006 launches is within that analyzed in and anticipated by the 
associated regulations. Accordingly, NMFS has issued a LOA to the 30th 
Space Wing, U.S. Air Force authorizing the take by harassment of marine 
mammals incidental to missile and rocket launches at VAFB. Issuance of 
this LOA is based on findings described in the preamble to the final 
rule (67 FR 5720, February 6, 2004) and supported by information 
contained in VAFB's 2006 annual report that the activities described 
under this LOA will result in the take of small numbers of marine 
mammals, will have a negligible impact on marine mammal stocks, and 
will not have an unmitigable impact on the availability of the affected 
marine mammal stocks for subsistence uses.

    Dated: March 13, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-5072 Filed 3-20-07; 8:45 am]
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