[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Notices]
[Pages 5056-5059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2022]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XT66


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Space Vehicle and Test Flight Activities from 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 letter of authorization (LOA) has been issued to the 30th Space 
Wing, U.S. Air Force (USAF), to take four species of seals and

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sea lions incidental to rocket and missile launches on Vandenberg Air 
Force Base (VAFB), California, a military readiness activity.

DATES: Effective February 7, 2010, through February 6, 2011.

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 (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: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289 ext. 156, 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 
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. The National Defense Authorization Act (Public 
Law 108-136) removed the ``small numbers'' and ``specified geographical 
region'' limitations for a ``military readiness activity.'' 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, 2009 (74 FR 6236), and remain in 
effect until February 6, 2014. 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 February 7, 2010, through February 6, 
2011, and authorizes the incidental take, by Level B harassment only, 
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, six space launch vehicle programs use VAFB to launch 
satellites into polar orbit: Delta II, Taurus, Atlas V, Delta IV, 
Falcon, and Minotaur. 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 the primary pinniped 
pupping seasons of 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 comprehensive 
report, which will summarize all previous reports and assess cumulative 
impacts, will be submitted before the rule expires.

Summary of Request

    On December 18, 2009, NMFS received a request for a LOA renewal 
pursuant to the aforementioned regulations that would authorize, for a 
period not to exceed 1 year, take of marine mammals, by harassment, 
incidental to space vehicle and test flight activities at VAFB.

Summary of Activity and Monitoring Under the 2009 LOA

    In compliance with the 2009 LOA, VAFB submitted an annual report on 
the activities at VAFB, covering the period of February 7 through 
November 30, 2009. The report also contained information on a February 
6, 2009, launch that was covered under the 2008 LOA, as it was not 
described in any previous reports. A summary of that report (ManTech 
SRS Technologies, 2009) follows.
    During the reporting period covered by the 2009 LOA, there were a 
total of six launches from VAFB: two missile launches and four space 
vehicle launches. The dates, locations, and monitoring required for the 
launches are summarized in Tables 1 and 2 below.

[[Page 5058]]



             Table 1. Summary of space vehicle launches from VAFB and monitoring conducted in 2009.
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       Vehicle             Date (2009)                Time               Launch Site        Monitoring Conducted
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Delta II NOAA-N                      6-Feb               0222 PST                     SLC-2W                SMI
 Prime
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Taurus OCO                          24-Feb               0155 PST                   576E                     No
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Delta II STSS ATRR                   5-May               1324 PDT                     SLC-2W           VAFB/SMI
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Delta II Worldview-                  8-Oct               1151 PDT                     SLC-2W                SMI
 II
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Atlas V DMSP-18                     18-Oct               0912 PDT                     SLC-3E   VAFB (Acoustics)
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                                   Table 2. Summary of all other launches from VAFB and monitoring conducted in 2009.
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                         Launch Vehicle                                Date (2009)              Time               Launch Site            Monitored
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Minuteman III GT-195 GM                                                        29-Jun              0301 PDT                 LF-04                   Yes
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Minuteman III GT-195 GM-2                                                      23-Aug              0901 PDT                 LF-09                    No
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    The Taurus OCO launch occurred outside of the VAFB harbor seal 
pupping season, and a sonic boom of greater than 1 lb/ft\2\ (psf) was 
not predicted to occur at SMI as a result of the launch; therefore, no 
biological or acoustical monitoring was required or conducted. 
Similarly, the Minuteman III GT-195 GM-2 launch occurred outside of the 
VAFB harbor seal pupping season; therefore, no biological or acoustical 
monitoring was required or performed on VAFB.
    In 2009, there were 5,934 tower operations and 651 range operations 
from the VAFB Airfield. Tower operations include all arrivals and 
departures from the airfield, while range operations include activities 
such as overflights, flight tests, etc. Helicopter and fixed-wing 
operations occurred on both north and south VAFB. There were no 
observed impacts to pinnipeds from these activities.

Delta II NOAA-N Prime

    Since this launch occurred outside of the harbor seal pupping 
season, no monitoring was required on VAFB. However, the modeling 
program, PCBoom3, predicted that a sonic boom greater than 1 psf could 
impact SMI, so biological and acoustical monitoring were required at 
SMI. Counts of northern elephant seals done between February 1 and 7, 
2009 at East Adams Cove on the west side of SMI recorded from 225 to 
249 seals. Post-launch counts fell within the pre-launch range. The 
number of elephant seal pups in the focal group over the course of the 
monitoring period ranged from 185 to 218 pups. Post-launch counts of 
pups exceeded pre-launch counts. No elephant seals exhibited a change 
in behavior or moved toward or into the water; no vigilant or alert 
behaviors were observed. The four pups observed to be suckling prior to 
the launch remained suckling throughout the observation period (0200 to 
0246 PST). Post-launch analysis of the digital audio tape (DAT) 
recording showed that no sonic boom had been recorded.
    Between 18 and 22 dead pups were seen each day during the launch 
monitoring period, both before and after the launch occurred. On 
February 7, 2009, the second day after the launch, two of the dead pups 
were noted to be ``freshly dead.'' These two fresh dead pups were 
thought to have been a result of high swell that was present on the 
monitored beach. High swells and tides are one of the major causes of 
mortality in dependent elephant seal pups (Le Boeuf and Laws, 1994).
    A dead adult female elephant seal, with puncture marks in her back, 
was observed near the tide line on 6 February in the morning following 
the launch. Photographs revealed bite marks on the dead seal just below 
the neck, indicating that the female was likely killed by an aggressive 
male attempting to mate with her (Le Boeuf and Mesnick, 1990). In 
summary, based on post-launch analysis, there was no evidence of 
injury, mortality, or abnormal behavior in any of the monitored 
elephant seals on SMI as a result of this launch.

Delta II STSS ATRR

    Since this launch occurred during the harbor seal pupping season 
and a sonic boom greater than 1 psf was predicted to occur at SMI, 
monitoring was required on both VAFB and SMI. Diurnal observations of 
harbor seals at the Spur Road haul-out on north VAFB were conducted 
from May 2-4 and 6-7, 2009. Between zero and 27 adult and juvenile 
seals and between zero and one harbor seal pup were observed during the 
monitoring period. A time-lapse video recorder revealed that no seals 
were hauled out at the site during the launch due to the presence of a 
coyote that caused all the seals to flush into the water prior to the 
launch.
    On SMI, observations of California sea lions and northern elephant 
seals were conducted from May 2-7, 2009 at West Judith Cove on the west 
side of SMI. There were between 262 and 684 sea lions observed each 
day. Only two pups were observed being whelped during the monitoring 
period, and both died soon after birth and prior to the launch. The 
number of elephant seals observed over the course of the monitoring 
period ranged from 97 to 339 seals. A sonic boom was heard. Monitors 
reported that the boom did not cause the sea lions, elephant seals, or 
gulls in the area to alert, and no animals raised their heads in 
response to the sound. In summary, there was no evidence of injury, 
mortality, or abnormal behavior in any of the monitored harbor seals at 
VAFB or the monitored sea lions or elephant seals on SMI as a result of 
the Delta II STSS ATRR launch.

Delta II Worldview-II

    Since this launch occurred outside of the harbor seal pupping 
season, no monitoring was required on VAFB. However, the modeling 
program, PCBoom3, predicted that a sonic boom greater than 1 psf could 
impact SMI, so biological and acoustical monitoring were required at 
SMI. Immediately prior to the launch, monitors were able to view 938 
adult and pup California sea lions, 282 adult and pup northern fur 
seals, and 48 subadult and female northern elephant seals. The launch

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vehicle was not seen or heard during the launch window, and no sonic 
boom was heard or recorded. None of the monitored animals made any 
visible movements outside of normal behavior during or after the 
launch, and animals continued to haul out at the site and persist in 
high numbers immediately after the launch. In summary, there was no 
evidence of injury, mortality, or abnormal behavior of the monitored 
pinnipeds on SMI as a result of this launch.

Atlas V DMSP-18

    This launch occurred outside of the harbor seal pupping season, and 
no sonic boom greater than 1 psf was predicted to impact SMI. 
Therefore, no biological or acoustical monitoring was required at VAFB 
or SMI. However, due to an equipment malfunction during the acoustic 
recording of the initial Atlas V launch in March 2008, only an 
incomplete acoustic profile was obtained. Therefore, acoustic 
monitoring of this second Atlas V launch was performed. The results are 
contained in the 2009 annual LOA report (ManTech SRS Technologies, 
2009).

Minuteman III GT-199 GM

    Due to the Minuteman's westward launch trajectory, no sonic boom 
modeling or launch monitoring was required on SMI for this launch. 
Additionally, no acoustic recordings were required as noise from the 
Minuteman launch vehicle has been well quantified by measurements 
performed for previous Minuteman launches. However, since this launch 
occurred during the harbor seal pupping season on VAFB, biological 
monitoring was required at VAFB. Diurnal observations of harbor seals 
were conducted at the Lion's Head haul-out site from June 26 through 
July 1, 2009. The number of harbor seals observed during the monitoring 
period ranged from three to 11 seals. Post-launch counts exceeded pre-
launch counts. No pups were seen during the launch monitoring period. 
Additionally, no seals were present within the video recorder frame at 
the time of the launch. In summary, there was no evidence of injury, 
mortality, or abnormal behavior in any monitored harbor seals on VAFB 
resulting from this launch.

Authorization

    The USAF complied with the requirements of the 2009 LOA, and NMFS 
has determined that the marine mammal take resulting from the 2009 
launches is within that analyzed in and anticipated by the associated 
regulations. Accordingly, NMFS has issued a LOA to the 30th Space Wing, 
USAF authorizing the take by harassment of marine mammals incidental to 
space vehicle and test flight activities at VAFB. Issuance of this LOA 
is based on findings described in the preamble to the final rule (74 FR 
6236, February 6, 2009) and supported by information contained in 
VAFB's 2009 annual report that the activities described under this LOA 
will have a negligible impact on marine mammal stocks. The provision 
requiring that the activity not have an unmitigable adverse impact on 
the availability of the affected species or stock for subsistence uses 
does not apply for this action.

    Dated: January 25, 2010.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2010-2022 Filed 1-29-10; 8:45 am]
BILLING CODE 3510-22-S